H.R. 146 (111^th): Omnibus Public Land Management Act of 2009

Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled Big Draft Proposed Wilderness and dated March 11, 2008, which shall be known as the Big Draft Wilderness.

Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled Cranberry Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97–466 (96 Stat. 2538).

Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled Dolly Sods Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of Public Law 93–622 (88 Stat. 2098).

Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled Otter Creek Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of Public Law 93–622 (88 Stat. 2098).

Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled Roaring Plains Proposed Wilderness and dated March 11, 2008, which shall be known as the “Roaring Plains West Wilderness”.

Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled Spice Run Proposed Wilderness and dated March 11, 2008, which shall be known as the Spice Run Wilderness.

Filing and availability

As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest.

Force and effect

The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this subtitle, except that the Secretary may correct errors in the maps and descriptions.

In general

The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest.

Nonmotorized recreation trail defined

For the purposes of this subsection, the term “nonmotorized recreation trail” means a trail designed for hiking, bicycling, and equestrian use.

in the matter preceding paragraph (1), by striking System— and inserting System:;

by striking certain each place it appears and inserting Certain;

in each of paragraphs (1) through (6), by striking the semicolon at the end and inserting a period;

in paragraph (7), by striking ; and and inserting a period; and

by adding at the end the following:

in the first section, by inserting as after cited; and

in section 6(a)—

In general

For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, and any other activity necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.

Limitation

To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.

the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or

the date that is 5 years after the date of enactment of this Act.

certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled Seng Mountain and Raccoon Branch and dated April 28, 2008, which shall be known as the Seng Mountain National Scenic Area; and

certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled Bear Creek and dated April 28, 2008, which shall be known as the Bear Creek National Scenic Area.

to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;

consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;

to protect areas in the scenic areas that may develop characteristics of old-growth forests; and

consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.

In general

The Secretary shall administer the scenic areas in accordance with—

Authorized uses

The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.

Effect

Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

In general

Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas.

Limitation

Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.

In general

Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.

Exceptions

The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to—

Firewood for personal use

Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.

to maintain scenic quality;

to prevent tree mortality;

to reduce hazards to visitors; or

to protect private land.

In general

Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.

Exceptions

The Secretary may authorize the use of motorized vehicles—

in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and

using such means as the Secretary determines to be appropriate.

location, entry, and patent under the mining laws; and

operation of the mineral leasing and geothermal leasing laws.

in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5)); and

nonmotorized recreation trails in the scenic areas.

the scenic areas;

the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 1102(a)(5));

the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as added by section 1102(b)(2)(D)); and

the potential wilderness area designated by section 1103(a).

Badger creek wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled Badger Creek Wilderness—Badger Creek Additions and Badger Creek Wilderness—Bonney Butte, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

Bull of the woods wilderness addition

Certain Federal land managed by the Forest Service, comprising approximately 10,180 acres, as generally depicted on the map entitled Bull of the Woods Wilderness—Bull of the Woods Additions, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

Clackamas wilderness

Certain Federal land managed by the Forest Service, comprising approximately 9,470 acres, as generally depicted on the maps entitled Clackamas Wilderness—Big Bottom, Clackamas Wilderness—Clackamas Canyon, Clackamas Wilderness—Memaloose Lake, Clackamas Wilderness—Sisi Butte, and Clackamas Wilderness—South Fork Clackamas, dated July 16, 2007, which shall be known as the Clackamas Wilderness.

Mark O. Hatfield wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 25,960 acres, as generally depicted on the maps entitled Mark O. Hatfield Wilderness—Gorge Face and Mark O. Hatfield Wilderness—Larch Mountain, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

Mount Hood wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 18,450 acres, as generally depicted on the maps entitled Mount Hood Wilderness—Barlow Butte, Mount Hood Wilderness—Elk Cove/Mazama, Richard L. Kohnstamm Memorial Area, Mount Hood Wilderness—Sand Canyon, Mount Hood Wilderness—Sandy Additions, Mount Hood Wilderness—Twin Lakes, and Mount Hood Wilderness—White River, dated July 16, 2007, and the map entitled Mount Hood Wilderness—Cloud Cap, dated July 20, 2007, which is incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43).

Roaring river wilderness

Certain Federal land managed by the Forest Service, comprising approximately 36,550 acres, as generally depicted on the map entitled Roaring River Wilderness—Roaring River Wilderness, dated July 16, 2007, which shall be known as the Roaring River Wilderness.

Salmon-huckleberry wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 16,620 acres, as generally depicted on the maps entitled Salmon-Huckleberry Wilderness—Alder Creek Addition, Salmon-Huckleberry Wilderness—Eagle Creek Addition, Salmon-Huckleberry Wilderness—Hunchback Mountain, Salmon-Huckleberry Wilderness—Inch Creek, Salmon-Huckleberry Wilderness—Mirror Lake, and Salmon-Huckleberry Wilderness—Salmon River Meadows, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

Lower white river wilderness

Certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally depicted on the map entitled Lower White River Wilderness—Lower White River, dated July 16, 2007, which shall be known as the Lower White River Wilderness.

Roaring river potential wilderness area

Addition to the Mount Hood Wilderness

On completion of the land exchange under section 1206(a)(2), certain Federal land managed by the Forest Service, comprising approximately 1,710 acres, as generally depicted on the map entitled Mount Hood Wilderness—Tilly Jane, dated July 20, 2007, shall be incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).

Addition to the Salmon-Huckleberry Wilderness

On acquisition by the United States, the approximately 160 acres of land identified as Land to be acquired by USFS on the map entitled Hunchback Mountain Land Exchange, Clackamas County, dated June 2006, shall be incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by subsection (a)(7).

In General

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with—

Force of Law

The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.

Public Availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

Description of land

The boundaries of the areas designated as wilderness by subsection (a) that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary.

In General

Subject to valid existing rights, each area designated as wilderness by this section shall be administered by the Secretary that has jurisdiction over the land within the wilderness, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Incorporation of Acquired Land and Interests

Any land within the boundary of a wilderness area designated by this section that is acquired by the United States shall—

In General

As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress does not intend for designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around each wilderness area.

Activities or Uses up to Boundaries

The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.

entry, appropriation, or disposal under the public land laws;

location, entry, and patent under the mining laws; and

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

In general

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

Effect

The amendments made by paragraph (1) do not affect valid existing water rights.

Submission of legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and the legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

In general

The Secretary shall—

Applicable law

Any portion of a wilderness area designated by section 1202 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

to the extent necessary to improve the health of the forest in a manner that—

to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; or

for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.

to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;

to conduct environmental cleanup required by the United States;

to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;

to prevent irreparable resource damage by an existing road; or

to rectify a hazardous road condition.

all forms of entry, appropriation, or disposal under the public land laws;

location, entry, and patent under the mining laws; and

disposition under all laws relating to mineral and geothermal leasing.

In general

Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.

Description of land

The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management that is within or adjacent to the Mount Hood National Recreation Area and that is identified as BLM Lands on the map entitled National Recreation Areas—Shellrock Mountain, dated February 2007.

Establishment

Purposes

The purposes of the Management Unit are—

Map and Legal Description

Administration

Prohibited activities

Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:

Forest Road Closures

Private Land

Acquisition of land

In general

The Secretary shall manage the Federal land administered by the Forest Service described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.

Description of land

The Federal land referred to in paragraph (1) is—

Maps and legal descriptions

Use of land

Withdrawal

Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—

Definitions

In this subsection:

Cooper Spur-Government Camp land exchange

Definitions

In this subsection:

Land exchange, Port of Cascade Locks-Pacific Crest National Scenic Trail

Conditions on acceptance

Appraisals

Surveys

Deadline for completion of land exchange

It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.

Definitions

In this subsection:

Hunchback Mountain land exchange

Boundary adjustment

Requirements applicable to the conveyance of Federal land

Compliance with codes on Federal land

The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with—

Effect on enforcement by States and political subdivisions

Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control.

In General

The Secretary shall seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to achieve comprehensive solutions to transportation challenges in the Mount Hood region—

Issues To Be addressed

In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address—

In general

The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy (including recommendations for biomass utilization) for the Mount Hood National Forest being developed by the Forest Service.

Submission to Congress

Management plan

Savings provisions regarding relations with Indian tribes

Mount Hood National Forest Recreational Working Group

The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest.

Consideration of conversion of forest roads to recreational uses

In considering a Forest Service road in the Mount Hood National Forest for possible closure and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational opportunities in the Mount Hood National Forest.

Improved trail access for persons with disabilities

The Secretary, in consultation with the public, may design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by persons with disabilities.

in the matter preceding paragraph (1), by striking eight hundred fifty-nine thousand six hundred acres and inserting 873,300 acres;

in paragraph (29), by striking the period at the end and inserting ; and; and

by adding at the end the following:

In General

As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this subtitle as the Secretary) shall file a map and a legal description of the Copper Salmon Wilderness with—

Force of Law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.

Boundary

If the boundary of the Copper Salmon Wilderness shares a border with a road, the Secretary may only establish an offset that is not more than 150 feet from the centerline of the road.

Public Availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

Donation of lease

Donation of portion of grazing lease

Common Allotments

with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument—

shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).

may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; and

if the Landowner accepts the offer—

In general

The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.

Costs

The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Landowner.

valid existing rights;

title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;

such terms and conditions as the Secretary may require; and

except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.

In general

The Bureau of Land Management land and the Rowlett parcel shall be appraised by an independent appraiser selected by the Secretary.

Requirements

An appraisal conducted under paragraph (1) shall be conducted in accordance with—

Approval

The appraisals conducted under this subsection shall be submitted to the Secretary for approval.

may offer to convey to Deerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; and

if Deerfield Learning Associates accepts the offer—

In general

The exact acreage and legal description of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary.

Costs

The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Deerfield Learning Associates.

In general

The conveyance of the Federal parcel and the Deerfield parcel under this section shall be subject to—

In general

The Federal parcel and the Deerfield parcel shall be appraised by an independent appraiser selected by the Secretary.

Requirements

An appraisal conducted under paragraph (1) shall be conducted in accordance with—

Approval

The appraisals conducted under this subsection shall be submitted to the Secretary for approval.

Submission of map and legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with—

Force and effect

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

In general

Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Fire, insect, and disease management activities

Except as provided by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness areas designated by this subtitle, the Secretary may take such measures in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.

Livestock

Except as provided in section 1402 and by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with—

Fish and wildlife management

In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.

Incorporation of acquired land and interests

Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall—

In general

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:

Maps and legal descriptions

Release of wilderness study areas

In general

Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Withdrawal

Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn from all forms of—

Livestock

Acquisition of land and interests in land

Trail plan

Outfitting and guide activities

Consistent with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) are authorized in wilderness areas designated by this subtitle to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the areas.

Access to private property

In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of a wilderness area designated by this subtitle adequate access to the property.

Fish and wildlife

Wildfire, insect, and disease management

Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.

Adjacent management

Military overflights

Nothing in this subtitle restricts or precludes—

Water rights

an average distance of 1/4 mile from the high water mark on both sides of the river segment; or

the distance to the nearest confined canyon rim.

In general

Notwithstanding any other provision of law (other than a law that specifically provides for a proportion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury of the United States to be known as the Owyhee Land Acquisition Account.

Availability

Applicability

This subsection applies to public land within the Boise District of the Bureau of Land Management sold on or after January 1, 2008.

Additional amounts

If necessary, the Secretary may use additional amounts appropriated to the Department of the Interior, subject to applicable reprogramming guidelines.

In general

The authority provided under this section terminates on the earlier of—

Availability of amounts

Any amounts remaining in the account on the termination of authority under this section shall be—

In general

Except as provided in paragraph (2), the plan shall limit recreational motorized and mechanized off-highway vehicle use to a system of designated roads and trails established by the plan.

Exception

Paragraph (1) shall not apply to snowmobiles.

In general

Except as provided in paragraph (2), until the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails lawfully in existence on the day before the date of enactment of this Act.

Exception

Paragraph (1) shall not apply to—

Owyhee front

It is the intent of Congress that, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a transportation plan for the Owyhee Front.

Other bureau of land management land in the County

It is the intent of Congress that, not later than 3 years after the date of enactment of this Act, the Secretary shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front.

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Sabinoso Wilderness with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical and typographical errors in the map and legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

In general

Subject to valid existing rights, the Sabinoso Wilderness shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Incorporation of acquired land and interests

Any land or interest in land within the boundary of the Sabinoso Wilderness that is acquired by the United States shall—

Grazing

The grazing of livestock in the Sabinoso Wilderness, if established before the date of enactment of this Act, shall be administered in accordance with—

Fish and wildlife

In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife in the State.

Access

all forms of entry, appropriation, and disposal under the public land laws, except disposal by exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716);

location, entry, and patent under the mining laws; and

operation of the mineral materials and geothermal leasing laws.

have been adequately studied for wilderness designation and are no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

shall be managed in accordance with applicable law (including subsection (d)) and the land use management plan for the surrounding area.

Line of demarcation

The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by Lake Superior.

Surface water

The surface water of Lake Superior, regardless of the fluctuating lake level, shall be considered to be outside the boundary of the Wilderness.

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

Legal description

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 legal description of the boundary of the Wilderness.

Force and effect

The map and the legal description submitted under paragraph (2) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the map and legal description.

any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and

with respect to land administered by the Secretary, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

In general

Subject to valid existing rights, the Oregon Badlands Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Incorporation of acquired land and interests

Any land or interest in land within the boundary of the Oregon Badlands Wilderness that is acquired by the United States shall—

Grazing

The grazing of livestock in the Oregon Badlands Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with—

Access to private property

In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of the Oregon Badlands Wilderness adequate access to the property.

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain Federal land managed by the Bureau of Land Management with a width of 25 feet, as generally depicted on the wilderness map as Potential Wilderness, is designated as potential wilderness.

Interim management

The potential wilderness designated by paragraph (1) shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow nonconforming uses that are authorized and in existence on the date of enactment of this Act to continue in the potential wilderness.

Designation as wilderness

On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted under paragraph (2) have terminated, the potential wilderness shall be—

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Badlands Wilderness with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).

Conveyance of land

Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

Conveyance of land

Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

In general

The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—

Appraisals

Equalization

In general

The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.

Costs

As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.

Valid existing rights

The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.

In general

Subject to valid existing rights, the Spring Basin Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Incorporation of acquired land and interests

Any land or interest in land within the boundary of the Spring Basin Wilderness that is acquired by the United States shall—

Grazing

The grazing of livestock in the Spring Basin Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary, in accordance with—

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Spring Basin Wilderness with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any typographical errors in the map and legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

T. 8 S., R. 19 E., sec. 10, NE ¼, W ½.

T. 8 S., R.19 E., sec. 25, SE ¼, SE ¼.

T. 8 S., R. 20 E., sec. 19, SE ¼, S ½ of the S ½.

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).

Conveyance of land

Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

Withdrawal

Subject to valid existing rights, the land acquired by the Secretary under this subsection is withdrawn from all forms of—

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

Description of land

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

In general

The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—

Appraisals

Equalization

In general

The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.

Costs

As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.

Valid existing rights

The exchange of Federal land and non-Federal land under this section shall be subject to any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act.

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land.

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this subtitle with—

Force of law

Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description.

Public availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary.

become part of the wilderness area in which the land is located; and

be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.

all forms of entry, appropriation, or disposal under the public land laws;

location, entry, and patent under the mining laws; and

disposition under laws relating to mineral and geothermal leasing or mineral materials.

In general

The Secretary may take such measures in a wilderness area or wilderness addition designated by this subtitle as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.

Funding priorities

Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this subtitle.

Revision and development of local fire management plans

As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this subtitle.

Administration

Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this subtitle, the Secretary shall—

low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this subtitle;

the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this subtitle; or

the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this subtitle.

section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and fish and wildlife habitats in wilderness areas or wilderness additions designated by this subtitle if the activities are—

State jurisdiction

Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.

in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

subject to any terms and conditions determined to be necessary by the Secretary.

White Mountains Wilderness

Administrative jurisdiction over the approximately 946 acres of land identified as Transfer of Administrative Jurisdiction from BLM to FS on the maps described in section 1802(5)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the White Mountains Wilderness.

John Muir Wilderness

Administrative jurisdiction over the approximately 143 acres of land identified as Transfer of Administrative Jurisdiction from BLM to FS on the maps described in section 1802(3)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the John Muir Wilderness.

the Masonic Mountain Wilderness Study Area;

the Mormon Meadow Wilderness Study Area;

the Walford Springs Wilderness Study Area; and

the Granite Mountain Wilderness Study Area.

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Recreation Area with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

Interim management

Until completion of the management plan required under subsection (d), and except as provided in paragraph (2), the Recreation Area shall be managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of enactment of this Act).

Use of snowmobiles

The winter use of snowmobiles shall be allowed in the Recreation Area—

adequate signage;

a public education program on allowable usage areas;

measures to ensure adequate sanitation;

a monitoring and enforcement strategy; and

measures to ensure the protection of the Trail.

to prohibit degradation of natural resources in the Recreation Area;

to prevent interference with nonmotorized recreation on the Trail; and

to reduce user conflicts in the Recreation Area.

in accordance with—

subject to the terms and conditions the Secretary determines to be necessary to ensure that the crossing would not—

In general

As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall file a map and legal description of the Forest with—

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any errors in the map and legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

In general

The Secretary shall administer the Forest—

Uses

Withdrawal

Subject to valid existing rights, all Federal land within the Forest is withdrawn from—

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

Designations

Maps and descriptions

Utility facilities

Nothing in this section prohibits the construction, operation, or maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section.

Designation of potential wilderness

Certain land in the Joshua Tree National Park, comprising approximately 43,300 acres, as generally depicted on the map numbered 156/80,055, and titled “Joshua Tree National Park Proposed Wilderness Additions”, and dated March 2008, is designated potential wilderness and shall be managed by the Secretary of the Interior insofar as practicable as wilderness until such time as the land is designated as wilderness pursuant to paragraph (2).

Designation as wilderness

The land designated potential wilderness by paragraph (1) shall be designated as wilderness and incorporated in, and be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the Federal Register of a notice that—

Map and description

Management

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this section shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Incorporation of acquired land and interests

Any land within the boundaries of a wilderness area or wilderness addition designated by this section that is acquired by the United States shall—

Withdrawal

Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this section is withdrawn from all forms of—

Fire management and related activities

Grazing

Grazing of livestock in a wilderness area or wilderness addition designated by this section shall be administered in accordance with the provisions of 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.

Native american uses and interests

Military Activities

Nothing in this section precludes—

Submission of map and legal description

As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall file a map and legal description of each area designated as wilderness by this subtitle with—

Force and effect

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary.

in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

subject to any terms and conditions determined to be necessary by the Secretary.

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall—

Availability; force of law

The map and boundary description submitted under paragraph (1)(B) shall—

In general

On publication in the Federal Register of a notice by the Secretary that all uses inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land identified on the map as a Potential Wilderness Area, the land shall be—

Boundary description

On inclusion in the Wilderness of the land referred to in paragraph (1), the Secretary shall modify the map and boundary description submitted under subsection (b) to reflect the inclusion of the land.

The Grand River Ditch (including the main canal of the Grand River Ditch and a branch of the main canal known as the Specimen Ditch), the right-of-way for the Grand River Ditch, land 200 feet on each side of the center line of the Grand River Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998.

Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from North St. Vrain Creek, comprising approximately 35.38 acres.

Land owned by the Wincenstsen-Harms Trust, comprising approximately 2.75 acres.

Land within the area depicted on the map as the East Shore Trail Area.

any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act, or the date on which the additional land is added to the Wilderness, respectively; and

any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

Findings

Congress finds that—

Effect

Nothing in this subtitle—

the laws applicable to the Park; and

the Wilderness Act (16 U.S.C. 1131 et seq.).

shall be suspended; and

shall not be enforceable against the Company (or any successor in interest).

ensure that—

include stipulations with respect to—

the liability of any individual or entity for damages to, loss of, or injury to any resource within the Park resulting from any cause or event that occurred before the date of enactment of this Act; or

Public Law 101–337 (16 U.S.C. 19jj et seq.), including the defenses available under that Act for damage caused—

In general

Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado–Big Thompson Project facilities located within the Park.

Alva B. Adams Tunnel

Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose.

harm to affected resources; or

conflicts among users.

In general

After establishing the alignment line for the Trail under subsection (a), the Secretary shall—

Adjustments

To the extent necessary to protect Park resources, the Secretary may adjust the boundaries of the Trail, if the adjustment does not place any portion of the Trail within the boundary of the Wilderness.

any portion of the East Shore Trail Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall be—

the Secretary shall modify the map and boundary description of the Wilderness prepared under section 1952(b)(1)(A) to reflect the inclusion of the East Shore Trail Area land in the Wilderness.

requires the construction of the Trail along the alignment line established under subsection (a); or

limits the extent to which any otherwise applicable law or policy applies to any decision with respect to the construction of the Trail.

In general

Except as provided in this subsection, nothing in this subtitle affects the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land.

Motorized vehicles and machinery

No use of motorized vehicles or other motorized machinery that was not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area except as the Secretary determines to be necessary for use in—

Management of land before inclusion

Until the Secretary authorizes the construction of the Trail and the use of the Trail for non-motorized bicycles, the East Shore Trail Area shall be managed—

by striking seventy thousand acres and inserting 74,195 acres; and

by striking , dated July 1978 and inserting and dated May 2007.

by striking thirty-six thousand two hundred thirty-five acres and inserting 35,235 acres; and

by striking , dated July 1978 and inserting and dated May 2007.

located near the eastern boundary of the Park in Larimer County, Colorado; and

administered by the National Park Service.

Additions

Subject to valid existing rights, the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:

Maps and legal descriptions

Management

Subject to valid existing rights, each area designated as wilderness by subsection (a)(1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

Livestock

The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established before the date of enactment of this Act, shall be permitted to continue—

Wildfire, insect, and disease management

In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each area designated as wilderness by subsection (a)(1) as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency).

Buffer zones

Military overflights

Nothing in this section restricts or precludes—

Acquisition and incorporation of land and interests in land

Native American cultural and religious uses

Nothing in this section diminishes—

Climatological data collection

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by subsection (a)(1) if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.

Water rights

Fish and wildlife

Wildlife water development projects

Subject to paragraph (12), the Secretary may authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if—

Cooperative agreement

Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the State that specifies the terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1) may be carried out.

Finding

Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.

Release

Any public land described in paragraph (1) that is not designated as wilderness by subsection (a)(1)—

Federal land

The term Federal land means certain Federal land—

Wilderness Area

The term Wilderness Area means the Zion Wilderness designated by subsection (b)(1).

Zion National Park Wilderness Map

The term Zion National Park Wilderness Map means the map entitled Zion National Park Wilderness and dated April 2008.

Designation

Subject to valid existing rights, the Federal land is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Zion Wilderness.

Incorporation of acquired land

Any land located in the Zion National Park that is acquired by the Secretary through a voluntary sale, exchange, or donation may, on the recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

Map and legal description

to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and

to protect each species that is—

Habitat conservation plan

The term habitat conservation plan means the conservation plan entitled Washington County Habitat Conservation Plan and dated February 23, 1996.

Management plan

The term management plan means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

National Conservation Area

The term National Conservation Area means the Red Cliffs National Conservation Area that—

Public use plan

The term public use plan means the use plan entitled Red Cliffs Desert Reserve Public Use Plan and dated June 12, 2000, as amended.

Resource management plan

The term resource management plan means the management plan entitled St. George Field Office Resource Management Plan and dated March 15, 1999, as amended.

In general

Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

Consultation

In developing the management plan required under paragraph (1), the Secretary shall consult with—

Incorporation of plans

In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of—

In general

The Secretary shall manage the National Conservation Area—

Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).

Motorized vehicles

Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.

Grazing

The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue—

Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

become part of the National Conservation Area; and

be managed in accordance with—

In general

Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from—

Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

each utility development protocol described in the habitat conservation plan; and

any other applicable law (including regulations).

Management plan

The term management plan means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

National Conservation Area

The term National Conservation Area means the Beaver Dam Wash National Conservation Area that—

In general

Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

Consultation

In developing the management plan required under paragraph (1), the Secretary shall consult with—

Motorized vehicles

In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).

In general

The Secretary shall manage the National Conservation Area—

Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).

Motorized vehicles

Grazing

The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue—

Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

become part of the National Conservation Area; and

be managed in accordance with—

In general

Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—

Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

Secretary

The term Secretary means the Secretary of the Interior.

Secretary concerned

The term Secretary concerned means—

Trail

The term trail means the High Desert Off-Highway Vehicle Trail designated under subsection (c)(1)(A).

Travel management plan

The term travel management plan means the comprehensive travel and transportation management plan developed under subsection (b)(1).

In general

Not later than 3 years after the date of enactment of this Act, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws (including regulations), the Secretary, in consultation with appropriate Federal agencies and State, tribal, and local governmental entities, and after an opportunity for public comment, shall develop a comprehensive travel management plan for the land managed by the Bureau of Land Management in the County—

Scope; contents

In developing the travel management plan, the Secretary shall—

Designation

Management

Effect

Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

In general

Notwithstanding any other provision of law (other than a law that specifically provides for a portion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury to be known as the Washington County, Utah Land Acquisition Account.

Availability

identify areas located in the County where biological conservation is a priority; and

undertake activities to conserve and restore plant and animal species and natural communities within such areas.

Temple quarry

The approximately 122-acre parcel known as Temple Quarry as generally depicted on the Washington County Growth and Conservation Act Map as Parcel B, to the City of St. George, Utah, for open space and public recreation purposes.

Hurricane city sports park

The approximately 41-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel C, to the City of Hurricane, Utah, for public recreation purposes and public administrative offices.

Washington county school district

The approximately 70-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel D, to the Washington County Public School District for use for public school and related educational and administrative purposes.

Washington county jail

The approximately 80-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel E, to Washington County, Utah, for expansion of the Purgatory Correctional Facility.

Hurricane equestrian park

The approximately 40-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel F, to the City of Hurricane, Utah, for use as a public equestrian park.

In general

If any parcel conveyed under this section ceases to be used for the public purpose for which the parcel was conveyed, as described in subsection (a), the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States.

Responsibility of local governmental entity

If the Secretary determines pursuant to paragraph (1) that the land should revert to the United States, and if the Secretary determines that the land is contaminated with hazardous waste, the local governmental entity to which the land was conveyed shall be responsible for remediation of the contamination.

Covered Federal land

The term covered Federal land means the approximately 66.07 acres of land in the Dixie National Forest in the State, as depicted on the map.

Landowner

The term landowner means Kirk R. Harrison, who owns land in Pinto Valley, Utah.

Map

The term map means the map entitled Conveyance of Dixie National Forest Land and dated December 18, 2008.

Secretary

The term Secretary means the Secretary of Agriculture.

In general

The Secretary may convey to the landowner all right, title, and interest of the United States in and to any of the covered Federal land (including any improvements or appurtenances to the covered Federal land) by sale or exchange.

Legal description

The exact acreage and legal description of the covered Federal land to be conveyed under paragraph (1) shall be determined by surveys satisfactory to the Secretary.

Consideration

Disposition and use of proceeds

Additional terms and conditions

The Secretary may require any additional terms and conditions for any conveyance under paragraph (1) that the Secretary determines to be appropriate to protect the interests of the United States.

Parcel A

The term Parcel A means the parcel that consists of approximately 640 acres of land that is—

Secretary

The term Secretary means the Secretary of the Interior.

Tribe

The term Tribe means the Shivwits Band of Paiute Indians of the State of Utah.

In general

At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe all right, title, and interest of the United States in and to Parcel A.

Survey; legal description

Effect

Nothing in this section—

Land to be made a part of the reservation

Land taken into trust pursuant to this section shall be considered to be part of the reservation of the Tribe.

Each area that is designated as—

Any area designated by Congress to be administered for conservation purposes, including—

in accordance with any applicable law (including regulations) relating to any component of the system included under subsection (b); and

in a manner that protects the values for which the components of the system were designated.