H.R. 3682 (110th): California Desert and Mountain Heritage Act of 2008

110th Congress, 2007–2009. Text as of Sep 16, 2008 (Reported by Senate Committee).

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HR 3682 RS

Calendar No. 1025

110th CONGRESS

2d Session

H. R. 3682

IN THE SENATE OF THE UNITED STATES

June 10, 2008

Received; read twice and referred to the Committee on Energy and Natural Resources

September 16, 2008

Reported by Mr. BINGAMAN, with amendments

[Omit the part struck through and insert the part printed in italic]


AN ACT

To designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes.

    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 title may be cited as the ‘California Desert and Mountain Heritage Act of 2008’.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

      Sec. 101. Definition of Secretary.

      Sec. 102. Designation of wilderness, Cleveland and San Bernardino National Forests, Joshua Tree National Park, and Bureau of Land Management land in Riverside County, California.

      Sec. 103. Joshua Tree National Park potential wilderness.

      Sec. 104. Administration of wilderness.

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

      Sec. 201. Wild and scenic river designations, Riverside County, California.

TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT

      Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains National Monument.

      Sec. 302. Technical amendments to the Santa Rosa and San Jacinto Mountains National Monument Act of 2000.

TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

SEC. 101. DEFINITION OF SECRETARY.

    In this title, the term ‘Secretary’ means--

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

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

SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.

    (a) Agua Tibia Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 2,053 acres, as generally depicted on the map titled ‘Proposed Addition to Agua Tibia Wilderness’, and dated May 9, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).

    (b) Cahuilla Mountain Wilderness- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 5,585 acres, as generally depicted on the map titled ‘Cahuilla Mountain Proposed Wilderness’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Cahuilla Mountain Wilderness’.

    (c) South Fork San Jacinto Wilderness- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 20,217 acres, as generally depicted on the map titled ‘South Fork San Jacinto Proposed Wilderness’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘South Fork San Jacinto Wilderness’.

    (d) Santa Rosa Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted on the map titled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa Wilderness designated by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).

    (e) Beauty Mountain Wilderness- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 15,621 acres, as generally depicted on the map titled ‘Beauty Mountain Proposed Wilderness’, and dated April 3, 2007, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Beauty Mountain Wilderness’.

    (f) Joshua Tree National Park Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in Joshua Tree National Park, comprising approximately 36,700 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 as wilderness and is incorporated in, and shall 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).

    (g) Orocopia Mountains Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 4,635 acres, as generally depicted on the map titled ‘Orocopia Mountains Proposed Wilderness Addition’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Orocopia Mountains Wilderness as designated by paragraph (44) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries established by this subsection in Township 7 South [Struck out->] are intended to [<-Struck out] exclude--

      (1) a corridor 250 feet north of the centerline of the Bradshaw Trail;

      (2) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Eagle Mountain Railroad on the south and the existing Orocopia Mountains Wilderness boundary; and

      (3) a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the south and the existing Orocopia Mountains Wilderness boundary.

    (h) Palen/McCoy Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map titled ‘Palen-McCoy Proposed Wilderness Additions’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Palen/McCoy Wilderness as designated by paragraph (47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).

    (i) Pinto Mountains Wilderness- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 24,404 acres, as generally depicted on the map titled ‘Pinto Mountains Proposed Wilderness’, and dated February 21, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the ‘Pinto Mountains Wilderness’.

    (j) Chuckwalla Mountains Wilderness Additions- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 12,815 acres, as generally depicted on the map titled ‘Chuckwalla Mountains Proposed Wilderness Addition’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of the Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).

    (k) Maps and Descriptions-

      (1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

      (2) FORCE OF LAW- A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the map and legal description.

      (3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary.

    [Struck out->] (l) Utility Facilities and Corridors- The wilderness areas and wilderness additions designated by this section are intended to exclude rights of way for existing utility facilities, such as power, gas, and telecommunications lines, and associated structures and access roads, and existing designated utility corridors. Nothing in this section or the Wilderness Act shall be construed to prohibit construction, operation, and maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section. [<-Struck out]

    (l) Utility Facilities- Nothing in this Act 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 Act.

SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.

    (a) 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 subsection (b).

    (b) Designation as Wilderness- The land designated potential wilderness by subsection (a) 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--

      (1) all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; and

      (2) sufficient inholdings within the boundaries of the potential wilderness have been acquired to establish a manageable wilderness unit.

    (c) Map and Description-

      (1) IN GENERAL- As soon as practicable after the date on which the notice required by subsection (b) is published in the Federal Register, the Secretary shall file a map and legal description of the land designated as wilderness and potential wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

      (2) FORCE OF LAW- The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the map and legal description.

      (3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary.

SEC. 104. ADMINISTRATION OF WILDERNESS.

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

      (1) any reference in that Act to the effective date of that Act shall be deemed to be a reference to--

        (A) the date of the enactment of this Act; or

        (B) in the case of the wilderness addition designated by subsection (b) of section 513, the date on which the notice required by such subsection is published in the Federal Register; and

      (2) any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary that has jurisdiction over the land.

    (b) Incorporation of Acquired Land and Interests- Any land within the boundaries of a wilderness area or wilderness addition designated by this title that is acquired by the United States shall--

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

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

    (c) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this title is withdrawn from all forms of--

      (1) entry, appropriation, or disposal under the public land laws;

      (2) location, entry, and patent under the mining laws; and

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

    [Struck out->] (d) Fire Management and Related Activities- [<-Struck out]

      [Struck out->] (1) IN GENERAL- The Secretary may take such measures in a wilderness area or wilderness addition designated by this Act as are necessary for the control and prevention of fire, insects, and diseases (including the use of prescribed burning, priority treatments, or fuels reduction) 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. [<-Struck out]

      [Struck out->] (2) FUNDING PRIORITIES- The designation of wilderness areas and wilderness additions by this title is not intended to alter the priorities afforded the land so designated in allocating funds for fire and related fuels management. [<-Struck out]

      [Struck out->] (3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS- As soon as practicable after the date of the enactment of this Act, the Secretary shall amend the local fire management plans that apply to the Santa Rosa Wilderness and Agua Tibia Wilderness, and prepare local fire management plans for the Beauty Mountain Wilderness, Cahuilla Mountain Wilderness, and South Fork San Jacinto Wilderness Area, to identify appropriate local officials to take such actions in the wilderness areas as are necessary for fire prevention and watershed protection consistent with paragraph (1), including best management practices for fire pre-suppression and fire suppression measures and techniques. [<-Struck out]

      [Struck out->] (4) STATE OR LOCAL AGENCIES- Consistent with paragraph (1) and other applicable Federal law, the Secretary may delegate by written agreement primary fire fighting authority and related public safety activities to an appropriate State or local agency. [<-Struck out]

    (d) Fire Management and Related Activities-

      (1) IN GENERAL- The Secretary may take such measures in a wilderness area or wilderness addition designated by this Act 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.

      (2) FUNDING PRIORITIES- Nothing in this Act limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this Act.

      (3) 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 Act.

      (4) 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 Act, the Secretary shall--

        (A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and

        (B) enter into agreements with appropriate State or local firefighting agencies.

    (e) Grazing- Grazing of livestock in a wilderness area or wilderness addition designated by this title 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.

    (f) Native American Uses and Interests-

      [Struck out->] (1) EFFECT OF DESIGNATION- Nothing in the designation of the Cahuilla Mountain Wilderness by this title affects the unique cultural artifacts and sacred sites of the Indian tribes that are contained within that wilderness area, as identified by Indian tribes and the Forest Service. [<-Struck out]

      [Struck out->] (2) [<-Struck out] (1) ACCESS AND USE- To the extent practicable, the Secretary shall ensure access to the Cahuilla Mountain Wilderness by members of an Indian tribe for traditional cultural purposes. In implementing this subsection, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness Act ( [Struck out->] 11 [<-Struck out] 16 U.S.C. 1131 et seq.).

      [Struck out->] (3) [<-Struck out] (2) INDIAN TRIBE DEFINED- In this subsection, the term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians.

TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, CALIFORNIA.

    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 new paragraphs:

    ‘(X) North Fork San Jacinto River, California- The following segments of the North Fork San Jacinto River in the State of California, to be administered by the Secretary of Agriculture:

      ‘(A) The 2.12-mile segment from the source of the North Fork San Jacinto River at Deer Springs in Mt. San Jacinto State Park to the State Park boundary, as a wild river.

      ‘(B) The 1.66-mile segment from the Mt. San Jacinto State Park boundary to the Lawler Park boundary in section 26, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.

      ‘(C) The 0.68-mile segment from the Lawler Park boundary to its confluence with Fuller Mill Creek, as a recreational river.

      ‘(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles upstream of the 5S09 road crossing, as a wild river.

      ‘(E) The 0.6-mile segment from .25 miles upstream of the 5S09 Road crossing to its confluence with Stone Creek, as a scenic river.

      ‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river.

    ‘(X) Fuller Mill Creek, California- The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture:

      ‘(A) The 1.2-mile segment from the source of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.

      ‘(B) The 0.9-mile segment in the Pine Wood property, as a recreational river.

      ‘(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino meridian, to its confluence with the North Fork San Jacinto River, as a scenic river.

    ‘(X) Palm Canyon Creek, California- The 8.1-mile segment of Palm Canyon Creek in the State of California from the southern boundary of section 6, township 7 south, range 5 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 1, township 6 south, range 4 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of Cahuilla Indians to protect and enhance river values.

    ‘(X) Bautista Creek, California- The 9.8-mile segment of Bautista Creek in the State of California from the San Bernardino National Forest boundary in section 36, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river.’.

TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT

SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT.

    Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by adding at the end the following new subsection:

    ‘(e) Expansion of Boundaries- In addition to the land described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to the National Monument on the map titled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2008:

      ‘(1) The ‘Santa Rosa Peak Area Monument Expansion’.

      ‘(2) The ‘Snow Creek Area Monument Expansion’.

      ‘(3) The ‘Tahquitz Peak Area Monument Expansion’.

      ‘(4) The ‘Southeast Area Monument Expansion’, which is designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa Wilderness.’.

SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000.

    Section 7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking ‘eight’ and inserting ‘a majority of the appointed’.

Calendar No. 1025

110th CONGRESS

2d Session

H. R. 3682

AN ACT

To designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes.


September 16, 2008

Reported with amendments