Page:United States Statutes at Large Volume 120.djvu/2100

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[120 STAT. 2069]
PUBLIC LAW 109-000—MMMM. DD, 2006
[120 STAT. 2069]

PUBLIC LAW 109–362—OCT. 17, 2006

120 STAT. 2069

(A) IN GENERAL.—In carrying out this section, the Secretary, on request of an Indian tribe, may temporarily close to the general public 1 or more specific portions of a 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. (B) REQUIREMENT.—Any closure under subparagraph (A) 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. (3) APPLICABLE LAW.—Access to the wilderness areas under this subsection shall be in accordance with— (A) Public Law 95–341 (commonly known as the ‘‘American Indian Religious Freedom Act’’) (42 U.S.C. 1996 et seq.); and (B) the Wilderness Act (16 U.S.C. 1131 et seq.). (l) ADJACENT MANAGEMENT.— (1) IN GENERAL.—Nothing in section 3 creates protective perimeters or buffer zones around any wilderness area designated by section 3. (2) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by section 3 shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. (m) CHERRY-STEMMED ROADS.— (1) DEFINITION.—In this subsection, the term ‘‘cherrystemmed road’’ means a road that is excluded from the wilderness areas designated by section 3 by a non-wilderness corridor having designated wilderness on both sides, as generally depicted on the maps described in such section. (2) CLOSURES AND RESTRICTIONS.—The Secretary shall not— (A) close any cherry-stemmed road that is open to the public as of the date of the enactment of this Act; (B) prohibit motorized access on a cherry-stemmed road that is open to the public for motorized access as of the date of the enactment of this Act; or (C) prohibit mechanized access on a cherry-stemmed road that is open to the public for mechanized access as of the date of the enactment of this Act. (3) EXCEPTIONS.—Nothing in this subsection shall be construed as precluding the Secretary from closing or restricting access to a cherry-stemmed road for purposes of significant resource protection or public safety. SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.

(a) 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), any portion of a wilderness study area described in subsection (b) that is not designated as wilderness by section 3 or any previous Act has been adequately studied for wilderness. (b) DESCRIPTION OF STUDY AREAS.—The study areas referred to in subsection (a) are— (1) the King Range Wilderness Study Area; (2) the Chemise Mountain Instant Study Area; (3) the Red Mountain Wilderness Study Area;

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