H.R. 5437 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5437 IN THE HOUSE OF REPRESENTATIVES September 10, 2014 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the Pajarita Wilderness and designate the Tumacacori Highlands Wilderness in Coronado National Forest, Arizona, and for other purposes. 1. Short title This Act may be cited as the Tumacacori Highlands Wilderness Act. 2. Expansion of Pajarita Wilderness, Coronado National Forest, Arizona (a) Expansion Section 101(a)(17) of the Arizona Wilderness Act of 1984 (Public Law 98–406; 98 Stat. 1487; 16 U.S.C. 1132 note) is amended by inserting after 1984, the following: and which comprise approximately 13,300 acres, as generally depicted on a map entitled Proposed Tumacacori Highlands Wilderness and Pajarita Wilderness Addition and dated February 18, 2009,. (b) Map and legal description As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit a copy of the map referred to in the amendment made by subsection (a) and a legal description of the National Forest System land included in the Pajarita Wilderness by the amendment with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in the Arizona Wilderness Act of 1984, except that the Secretary may correct clerical and typographical errors in the map and legal description. The map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. 3. Designation of Tumacacori Highlands Wilderness, Coronado National Forest, Arizona (a) Designation In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands in the Coronado National Forest, Arizona, which comprise approximately 70,000 acres, as generally depicted on a map entitled Proposed Tumacacori Highlands Wilderness and Pajarita Wilderness Addition and dated February 18, 2009, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Tumacacori Highlands Wilderness. (b) Map and legal description As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall submit a copy of the map referred to in subsection (a) and a legal description of the Tumacacori Highlands Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. The map and legal description shall be on file and available for public inspection in the appropriate offices of the Forest Service. 4. Administration of wilderness areas (a) Covered wilderness areas In this section, the term covered wilderness area means— (1) the National Forest System land included in the Pajarita Wilderness by the amendment made by section 2(a); and (2) the Tumacacori Highlands Wilderness designated by section 3(a). (b) Administration The Secretary of Agriculture shall manage the covered wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that, with respect to a covered wilderness area, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (c) Valid existing rights Nothing in this section shall affect any valid existing right. (d) Buffer zones As provided in section 101(d) of the Arizona Wilderness Act of 1984 (Public Law 98–406; 98 Stat. 1488), Congress does not intend that designation of a covered wilderness area lead to the creation of protective perimeters or buffer zones around the covered wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a covered wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the covered wilderness area. (e) Grazing Grazing of livestock and maintenance of existing facilities related to grazing in a covered wilderness area, where established before the date of the enactment of this Act, shall be permitted to continue in accordance with— (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in House Report 96–617 to accompany H.R. 5487 of the 96th Congress. (f) Hunting, fish and wildlife (1) Hunting Nothing in this section or the Wilderness Act (16 U.S.C. 1131 et seq.) shall affect hunting, under applicable State and Federal laws and regulations, within a covered wilderness area. (2) Jurisdiction As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section or the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to fish and wildlife in the State. (3) Wildlife management Management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within a covered wilderness area, where consistent with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws. (4) Cooperative agreement The Secretary shall enter into a cooperative agreement with the State of Arizona for management of fish and wildlife within a covered wilderness area. The cooperative agreement shall specify the terms and conditions under which the State or a designee of the State may use wildlife management activities in a covered wilderness area consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), and other applicable laws. (g) Protection of tribal rights Nothing in this section shall be construed to diminish the existing rights of any Indian tribe. Nothing in this section shall be construed to diminish tribal rights regarding access to Federal lands for tribal activities, including spiritual, cultural, and traditional food gathering activities. (h) Military activities Nothing in this section 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 a covered wilderness area. (i) Border enforcement and drug interdiction Because of the proximity of the covered wilderness areas to the United States-Mexico international border, drug interdiction and border enforcement operations are common management actions throughout the area encompassing the covered wilderness areas. This Act recognizes the need to continue such management actions so long as such management actions are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and existing inter-agency agreements. (j) Maintenance of existing communications facilities The provisions of the Wilderness Act shall not be construed to prevent— (1) the maintenance of communications facilities, in existence on the date of the enactment of this Act and located in a covered wilderness area; or (2) limited motorized access to such facilities when nonmotorized access means are not reasonably available or when time is of the essence, subject to such conditions as the Secretary of Agriculture considers to be desirable.