S To designate certain National Forest System land in the State of Idaho as wilderness. IN THE SENATE OF THE UNITED STATES

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1 II TH CONGRESS D SESSION S. 1 To designate certain National Forest System land in the State of Idaho as wilderness. IN THE SENATE OF THE UNITED STATES DECEMBER, 1 Mr. RISCH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain National Forest System land in the State of Idaho as wilderness. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE. This Act may be cited as the Scotchman Peaks Wilderness Act of 1. (b) TABLE OF CONTENTS. The table of contents for this Act is as follows: lotter on DSKVPTVN1PROD with BILLS Sec. 1. Short title; table of contents. Sec.. Definitions. Sec.. Scotchman Peaks Wilderness. Sec.. Administration. Sec.. Fire. Sec.. Adjacent management. VerDate Sep 1 0:1 Dec, 1 Jkt 00 PO Frm Fmt Sfmt E:\BILLS\S1.IS S1

2 Sec.. Indian tribes. Sec.. Effect. 1 SEC.. DEFINITIONS. lotter on DSKVPTVN1PROD with BILLS In this Act: (1) SECRETARY. The term Secretary means the Secretary of Agriculture. () WILDERNESS AREA. The term wilderness area means the area designated as a component of the National Wilderness Preservation System by sec- tion (a) SEC.. SCOTCHMAN PEAKS WILDERNESS. (a) DESIGNATION. In accordance with the Wilderness Act (1 U.S.C. et seq.), certain National Forest System land in the State of Idaho comprising approximately,1 acres, as generally depicted on the map entitled Final Map Scotchman Peaks Wilderness and dated June, 1, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the Scotchman Peaks Wilderness. (b) MAP AND 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 map and legal description for the wilderness area. S 1 IS VerDate Sep 1 0:1 Dec, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\S1.IS S1

3 (c) EFFECT. The map and legal description submitted under subsection (b) 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. (d) AVAILABILITY. The map and legal description submitted under subsection (b) shall be available for public inspection in the appropriate offices of the Forest Service. SEC.. ADMINISTRATION. (a) IN GENERAL. Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (1 U.S.C. 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. (b) WITHDRAWAL. Subject to valid existing rights, the wilderness area is withdrawn from all forms of (1) entry, appropriation, and 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. lotter on DSKVPTVN1PROD with BILLS S 1 IS VerDate Sep 1 0:1 Dec, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\S1.IS S1

4 (c) FISH AND WILDLIFE. Nothing in this Act affects the jurisdiction of the State of Idaho with respect to fish and wildlife on public land in the State. (d) MANAGEMENT ACTIVITIES. In furtherance of the purposes and principles of the Wilderness Act (1 U.S.C. et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations and habitats to support fish and wildlife populations within the wilderness area if the management activities (1) are consistent with relevant wilderness management plans; () are conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 0 of the 1st Congress (House Report 1 0), including the occasional and temporary use of motorized vehicles; and () as determined by the Secretary, would (A) promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values; and lotter on DSKVPTVN1PROD with BILLS S 1 IS VerDate Sep 1 0: Dec, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\S1.IS S1

5 lotter on DSKVPTVN1PROD with BILLS 1 (B) accomplish the purpose of the manage- ment activity with the minimum impact nec- essary SEC.. FIRE. In accordance with section (d)(1) of the Wilderness Act (1 U.S.C. 1(d)(1)), the Secretary may take such measures within the wilderness area as the Secretary determines to be necessary for the control of fire, insects, and disease. SEC.. ADJACENT MANAGEMENT. (a) IN GENERAL. Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. (b) ACTIVITIES OUTSIDE WILDERNESS AREA. The fact that an activity or use on land outside the wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the wilderness area. SEC.. INDIAN TRIBES. (a) ACCESS. In recognition of the past use of the wilderness area by Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian tribes have access to the wilderness area for (1) traditional cultural and religious purposes; and S 1 IS VerDate Sep 1 0:1 Dec, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 1 E:\BILLS\S1.IS S1

6 lotter on DSKVPTVN1PROD with BILLS 1 () exercise of any right reserved by treaty (b) TEMPORARY CLOSURES. (1) IN GENERAL. In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily close to the general public one or more specific portions of the wilderness area to protect the privacy of the members of the Indian tribe in the conduct of the traditional cultural and religious activities in the wilderness area. () REQUIREMENT. Any closure under paragraph (1) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. (c) APPLICABLE LAW. Access to the wilderness area under this section shall be in accordance with (1) Public Law 1 (commonly known as the American Indian Religious Freedom Act ) ( U.S.C. 1); and () the Wilderness Act (1 U.S.C. et seq.). SEC.. EFFECT. Nothing in this Act diminishes the rights of any Indian tribe. Æ S 1 IS VerDate Sep 1 0:1 Dec, 1 Jkt 00 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S1.IS S1