skip to main content

H.R. 5610 (110th): Protecting America’s Wild Places Act of 2008

The text of the bill below is as of Mar 13, 2008 (Introduced).


I

110th CONGRESS

2d Session

H. R. 5610

IN THE HOUSE OF REPRESENTATIVES

March 13, 2008

(for himself, Mr. Rahall, Mr. DeFazio, Mr. Costa, and Mr. Udall of New Mexico) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To designate as wilderness additional National Forest System lands, Bureau of Land Management Lands, and National Parks Service lands in the States of West Virginia, Arizona, New Mexico, Oregon, and California, and for other purposes.

1.

Short title

(a)

Short title

This Act may be cited as the Protecting America’s Wild Places Act of 2008 .

(b)

Table of contents

The table of contents for this Act as follows:

Sec. 1. Short title.

Title I—Certain lands designated as wilderness within Monongahela National Forest, West Virginia

Sec. 101. Short title.

Sec. 102. Designation of wilderness, Monongahela National Forest, West Virginia.

Title II—Tumacacori Highlands Wilderness

Sec. 201. Short title.

Sec. 202. Expansion of Pajarita Wilderness, Coronado National Forest, Arizona.

Sec. 203. Designation of Tumacacori Highlands Wilderness, Coronado National Forest, Arizona.

Sec. 204. Administration of wilderness areas.

Title III—Sabinoso Wilderness

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Designation of the Sabinoso Wilderness.

Title IV—Copper Salmon Wilderness

Sec. 401. Short title.

Sec. 402. Designation of the Copper Salmon Wilderness.

Sec. 403. Wild and scenic river designations, Elk River, Oregon.

Sec. 404. Protection of tribal rights.

Title V—California Desert and Mountain Heritage

Sec. 501. Short title.

Subtitle A—Designation and Expansion of Wilderness Areas

Sec. 511. Definition of Secretary.

Sec. 512. Designation of wilderness, Cleveland and San Bernardino National Forests, Joshua Tree National Park, and Bureau of Land Management land in Riverside County, California.

Sec. 513. Joshua Tree National Park potential wilderness.

Sec. 514. Administration of wilderness.

Subtitle B—Wild and Scenic River Designations

Sec. 521. Wild and scenic river designations, Riverside County, California.

Subtitle C—Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument

Sec. 531. Boundary adjustment, Santa Rosa and San Jacinto Mountains National Monument.

Sec. 532. Technical amendments to the Santa Rosa and San Jacinto Mountains National Monument Act of 2000.

Title VI—Sequoia-Kings Canyon National Park Wilderness

Sec. 601. Short title.

Sec. 602. Definitions.

Sec. 603. Designation of wilderness areas.

Sec. 604. Administration of wilderness areas.

Sec. 605. Authorization of appropriations.

I

Certain lands designated as wilderness within Monongahela National Forest, West Virginia

101.

Short title

This title may be cited as the Wild Monongahela Act: A National Legacy for West Virginia’s Special Places.

102.

Designation of wilderness, Monongahela National Forest, West Virginia

(a)

Designation

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System:

(1)

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.

(2)

Certain Federal land comprising approximately 7,895 acres, as generally depicted on the map entitled Cheat Mountain Proposed Wilderness and dated March 11, 2008, which shall be known as the “Cheat Mountain Wilderness”.

(3)

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).

(4)

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).

(5)

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).

(6)

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

(7)

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.

(b)

Maps and legal description

(1)

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.

(2)

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 title, except that the Secretary may correct clerical and typographical errors in the maps and descriptions.

(c)

Administration

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

(d)

Effective date of wilderness act

With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act.

(e)

Fish and wildlife

As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibility of the State of West Virginia with respect to wildlife and fish.

II

Tumacacori Highlands Wilderness

201.

Short title

This title may be cited as the Tumacacori Highlands Wilderness Act of 2008.

202.

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 Tumacacori Highlands Wilderness and Pajarita Wilderness Addition, dated August 1, 2007,.

(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 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.

203.

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 Tumacacori Highlands Wilderness and Pajarita Wilderness Addition and dated August 1, 2007, 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 Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this title, 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.

204.

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 202(a); and

(2)

the Tumacacori Highlands Wilderness designated by section 203(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 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

In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and habitats to support such populations may be carried out within a covered wilderness area, where consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines.

(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 title 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.

III

Sabinoso Wilderness

301.

Short title

This title may be cited as the Sabinoso Wilderness Act of 2008.

302.

Definitions

In this title:

(1)

Map

The term map means the map titled Sabinoso Wilderness and dated May 10, 2007.

(2)

State

The term State means the State of New Mexico.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

303.

Designation of the Sabinoso Wilderness

(a)

In General

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness, and, therefore, as a component of the National Wilderness Preservation System, certain land under the jurisdiction of the Taos Field Office Bureau of Land Management, New Mexico, which comprises approximately 19,880 acres, as generally depicted on the map, and which shall be known as the Sabinoso Wilderness.

(b)

Map and Legal Description

The map and a legal description of the wilderness area designated by this title shall—

(1)

be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives as soon as practicable after the date of the enactment of this Act;

(2)

have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the legal description and map; and

(3)

be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(c)

Management of Wilderness

Subject to valid existing rights, the wilderness areas designated by this title shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that with respect to the wilderness areas designated by this title, any reference to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act and any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

(d)

Incorporation of Acquired Land

Any land or interest in land located inside the boundaries of the wilderness area designated by this title that is acquired by the United States after the date of enactment of this Act shall become part of the wilderness area designated by this title and shall be managed in accordance with this title and other applicable law.

(e)

Grazing

Grazing of livestock in the wilderness area designated by this title, where established before the date of enactment of this Act, 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 Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).

(f)

Fish and Wildlife

As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State, including the regulation of hunting, fishing, and trapping, in the wilderness area designated by this title.

(g)

Withdrawal

Subject to valid existing rights, the wilderness area designated by this title is withdrawn from—

(1)

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

(2)

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

(3)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

IV

Copper Salmon Wilderness

401.

Short title

This title may be cited as the Copper Salmon Wilderness Act of 2008.

402.

Designation of the Copper Salmon Wilderness

(a)

Designation

Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended—

(1)

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

(2)

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

(3)

by adding at the end the following:

(30)

certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled Proposed Copper Salmon Wilderness Area and dated December 7, 2007, to be known as the Copper Salmon Wilderness.

.

(b)

Maps and Legal Description

(1)

In General

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

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(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 Act, except that the Secretary may correct typographical errors in the map and legal description.

(3)

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.

(4)

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.

403.

Wild and scenic river designations, Elk River, Oregon

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended—

(1)

in the matter preceding subparagraph (A), by striking 19-mile segment and inserting 28.2-mile segment;

(2)

in subparagraph (A), by striking ; and and inserting a period; and

(3)

by striking subparagraph (B) and inserting the following:

(B)
(i)

The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river.

(C)
(i)

The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.

.

404.

Protection of tribal rights

(a)

In general

Nothing in this title shall be construed as diminishing any right of any Indian tribe.

(b)

Memorandum of understanding

The Secretary shall seek to enter into a memorandum of understanding with the Coquille Indian Tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.

V

California Desert and Mountain Heritage

501.

Short title

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

A

Designation and Expansion of Wilderness Areas

511.

Definition of Secretary

In this subtitle, 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.

512.

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 addition

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 2,031 acres, as generally depicted on the map entitled Agua Tibia Proposed Wilderness, and dated February 23, 2007, 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 6,421 acres, as generally depicted on the map entitled Cahuilla Mountain Proposed Wilderness, and dated February 23, 2007, 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 20,695 acres, as generally depicted on the map entitled South Fork San Jacinto Proposed Wilderness, and dated September 20, 2007, 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 addition

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 entitled “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 entitled 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 addition

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 entitled 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 addition

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 4,835 acres, as generally depicted on the map entitled Orocopia Mountains Proposed Wilderness Addition, and dated February 21, 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 are intended to exclude—

(1)

a corridor 250 feet north of the centerline of the Bradshaw Road;

(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 23,465 acres, as generally depicted on the map entitled Palen/McCoy Proposed Wilderness Additions, and dated September 25, 2007, 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 entitled 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 13,255 acres, as generally depicted on the map entitled Chuckwalla Mountains Proposed Wilderness Addition, and dated February 21, 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.

(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.

513.

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 entitled “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; or

(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.

514.

Administration of wilderness

(a)

Management

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this subtitle 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 subtitle 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 subtitle, 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 subtitle 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.

(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 title 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. 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.

(2)

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 Mountain 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 authorize the appropriate local manager to take such actions in the wilderness areas under their jurisdiction as are necessary for fire prevention and watershed protection consistent with the Wilderness Act, including best management practices for fire presuppression and fire suppression measures and techniques.

(3)

Incorporation into land management planning

Any special provisions contained in the local fire management plans for the wilderness areas referred to in paragraph (2) pursuant to such paragraph shall be incorporated into the applicable Land Management Plans.

(4)

State or local agencies

Consistent with the Wilderness Act and other applicable Federal law, the Secretary may delegate by written agreement primary firefighting authority and fire-related public safety activities to an appropriate State or local agency.

(e)

Grazing

Grazing of livestock in a wilderness area or wilderness addition designated by this subtitle 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

(1)

Effect of designation

Nothing in the designation of the Cahuilla Mountain Wilderness by this subtitle 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.

(2)

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 section, 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 (11 U.S.C. 1131 et seq.).

(3)

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.

B

Wild and Scenic River Designations

521.

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:

(_)

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.

(_)

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.

(_)

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.

(_)

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.

.

C

Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument

531.

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 entitled ‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and dated March 12, 2007:

(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 San Rosa Wilderness.

.

532.

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”.

VI

Sequoia-Kings Canyon National Park Wilderness

601.

Short title

This title may be cited as the Sequoia-Kings Canyon National Park Wilderness Act of 2008.

602.

Definitions

In this title:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

State

The term State means the State of California.

603.

Designation of wilderness areas

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:

(1)

John Krebs Wilderness

(A)

Designation

Certain land in Sequoia-Kings Canyon National Park, comprising approximately 69,500 acres of land, and 130 arces of potential wilderness additions as generally depicted on the map entitled John Krebs Wilderness and dated March 10, 2008.

(B)

Limitations

The designation of the wilderness under subparagraph (A) does not preclude operation and maintenance of the existing Hockett Meadow Cabin and Quinn Patrol Cabin in the same manner and degree in which the cabins were operated and maintained on the day before the date of enactment of this Act.

(C)

Effect

Nothing in this paragraph affects—

(i)

the cabins in, and adjacent to, Mineral King Valley; or

(ii)

the private inholdings known as Silver City and Kaweah Han.

(D)

Potential Wilderness additions

The designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The potential wilderness additions shall be designated as wilderness and incorporated into the John Krebs Wilderness established by this title upon termination of the non-conforming uses.

(2)

Sequoia-Kings Canyon Wilderness Addition

Certain land in the North Fork/Redwood Canyon, California, comprising approximately 43,450 acres, and certain land in Chimney Rock, California, comprising approximately 1,736 acres, as generally depicted on the map entitled Sequoia-Kings Canyon Wilderness Addition and dated March 10, 2008, is incorporated in, and shall be considered to be a part of, the Sequoia-Kings Canyon Wilderness.

604.

Administration of wilderness areas

(a)

In general

Subject to valid existing rights, each area designated as wilderness by this title shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act.

(b)

Map and legal description

(1)

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 title with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force and effect

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 any clerical or typographical error in the map or legal description.

(3)

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.

(c)

Hydrologic, meteorologic, and climatological devices, facilities, and associated equipment

The Secretary shall continue to manage maintenance and access to hydrologic, meteorologic, and climatological devices, facilities and associated equipment consistent with House Report 98–40.

(d)

No buffer zones

(1)

In general

Nothing in this title creates a protective perimeter or buffer zone around an area designated as wilderness by this title.

(2)

Activities outside wilderness

Nothing in this title precludes authorized activities conducted outside of the areas designated as wilderness by this title by cabin owners in the Mineral King Valley area or the property owners or lessees in the Silver City private inholding (as identified on the map entitled “John Krebs Wilderness” and dated March 10, 2008).

(e)

Horseback riding

Nothing in this title precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this title.

605.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this title.