II
111th CONGRESS
2d Session
S. 3310
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.
Short title
This Act may be cited as
the Tony Dean Cheyenne River Valley
Conservation Act of 2010
.
Definitions
In this Act:
Secretary
The term Secretary means the Secretary of Agriculture.
State
The term State means the State of South Dakota.
Wilderness area
The term wilderness area means any of the areas designated as components of the National Wilderness Preservation System by section 3(a).
Wilderness areas
Designation
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
The approximately
27,500 acres of land, as generally depicted on the map entitled Indian
Creek East and Indian Creek West
, which shall be known as the
Indian Creek Wilderness
.
The approximately
16,007 acres of land, as generally depicted on the map entitled Red
Shirt and Red Shirt East
, which shall be known as the Red Shirt
Wilderness
.
The approximately
4,518 acres of land, as generally depicted on the map entitled Chalk
Hills
, which shall be known as the Chalk Hills
Wilderness
.
Maps and Legal Description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area.
Effect
Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description.
Availability
Each map and legal description submitted under paragraph (1) shall be available in the Office of the Chief of the Forest Service.
Administration
In general
Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act.
Withdrawal
Subject to valid existing rights, the wilderness areas are withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
Continuation of livestock grazing
In the wilderness areas, the grazing of livestock and the maintenance of existing facilities related to grazing in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, consistent with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in House Report 96–617 to accompany H.R. 5487 of the 96th Congress.
Fish and wildlife management
State jurisdiction
In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management in the wilderness areas (including the regulation of hunting, fishing, and trapping).
Management Activities
In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), management activities to maintain or restore fish and wildlife populations and the habitats to support those populations may be carried out within the wilderness areas in accordance with relevant wilderness management plans and appropriate policies (such as those described in Appendix B of House Report 101–405 of the 101st Congress), including the occasional and temporary use of motorized vehicles, if the Secretary determines that the activities would—
promote healthy, viable, and more naturally distributed wildlife populations; and
using the minimum tool necessary, enhance wilderness values.
Fire, insects, invasive species, and diseases management activities
The Secretary may undertake such measures as are necessary to control and prevent fire, insects, invasive species, and diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), including the coordination of those activities with a State or local agency.
Military activities
Nothing in this Act precludes—
low-level overflights of military aircraft over the wilderness areas;
the designation of new units of special airspace over the wilderness areas; or
the use or establishment of military flight training routes over the wilderness areas.
Native American uses and interests
Nothing in this Act diminishes the rights of Indian tribes with respect to access to Federal land for tribal activities (including spiritual, cultural, and traditional food-gathering activities).
Access to property
The Secretary shall provide any owner of private property within the boundary of a wilderness area, including the State, adequate access to the private property.
Acquisition of land and interests in land
In General
Consistent with applicable law, the Secretary may acquire from willing sellers land or interests in land within the boundaries of the wilderness areas by purchase, donation, or exchange.
Incorporation of acquired land
Any land or interest in land within a wilderness area that is acquired by the United States shall be added to, and administered as part of, the applicable wilderness area.
Adjacent management
No protective perimeters or buffer zones
Congress does not intend for the designation of a wilderness area to result in the creation of protective perimeters or buffer zones around any of the wilderness areas.
Nonwilderness Activities
The fact that nonwilderness activities or uses outside of a wilderness area can be seen or heard from inside of the wilderness area shall not preclude the conduct of the nonwilderness activities or uses outside the boundaries of the wilderness area.
Prairie dogs
Nothing in this Act enhances or diminishes the existing authority of the Secretary and the Secretary of the Interior to manage prairie dog populations and habitats on public land.