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H.R. 857: California Off-Road Recreation and Conservation Act

The text of the bill below is as of Jun 26, 2018 (Referred to Senate Committee).


IIB

115th CONGRESS

2d Session

H. R. 857

IN THE SENATE OF THE UNITED STATES

June 26, 2018

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

AN ACT

To provide for conservation and enhanced recreation activities in the California Desert Conservation Area, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the California Off-Road Recreation and Conservation Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. California Off-Road Recreation and Conservation.

Sec. 3. Visitor center.

Sec. 4. California State school land.

Sec. 5. Designation of wild and scenic rivers.

Sec. 6. Conforming amendments.

2.

California Off-Road Recreation and Conservation

Public Law 103–433 (16 U.S.C. 410aaa et seq.) is amended by adding at the end the following:

XIII

WILDERNESS

1301.

Designation of wilderness areas

(a)

Designation of wilderness areas To Be administered by the bureau of land management

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:

(1)

Avawatz mountains wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 91,800 acres, as generally depicted on the map entitled Avawatz Mountains Proposed Wilderness and dated June 30, 2015, to be known as the Avawatz Mountains Wilderness.

(2)

Golden valley wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 1,250 acres, as generally depicted on the map entitled Golden Valley Proposed Wilderness Additions and dated June 22, 2015, which shall be considered to be part of the Golden Valley Wilderness.

(3)

Great falls basin wilderness

(A)

In general

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 7,870 acres, as generally depicted on the map entitled Great Falls Basin Proposed Wilderness and dated April 29, 2015, to be known as the Great Falls Basin Wilderness.

(B)

Limitations

Designation of the wilderness under subparagraph (A) shall not establish a Class I Airshed under the Clean Air Act (42 U.S.C. 7401 et seq.).

(4)

Kingston range wilderness

Certain land in the Conservation Area administered by the Bureau of Land Management, comprising approximately 53,320 acres, as generally depicted on the map entitled Kingston Range Proposed Wilderness Additions and dated February 18, 2015, which shall be considered to be a part of as the Kingston Range Wilderness.

(5)

Soda mountains wilderness

Certain land in the Conservation Area, administered by the Bureau of Land Management, comprising approximately 79,990 acres, as generally depicted on the map entitled Soda Mountains Proposed Wilderness and dated February 18, 2015, to be known as the Soda Mountains Wilderness.

(b)

Designation of wilderness areas To Be administered by the national park service

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:

(1)

Death valley national park wilderness additions-north eureka valley

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 11,496 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-North Eureka Valley, numbered 143/100,082C, and dated October 7, 2014, which shall be considered to be a part of the Death Valley National Park Wilderness.

(2)

Death valley national park wilderness additions-ibex

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 23,650 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Ibex, numbered 143/100,081C, and dated October 7, 2014, which shall be considered to be a part of the Death Valley National Park Wilderness.

(3)

Death valley national park wilderness additions-panamint valley

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 4,807 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Panamint Valley, numbered 143/100,083C, and dated October 7, 2014, which shall be considered to be a part of the Death Valley National Park Wilderness.

(4)

Death valley national park wilderness additions-warm springs

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 10,485 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Warm Spring Canyon/Galena Canyon, numbered 143/100,084C, and dated October 7, 2014, which shall be considered to be a part of the Death Valley National Park Wilderness.

(5)

Death valley national park wilderness additions-axe head

Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 8,638 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Axe Head, numbered 143/100,085C, and dated October 7, 2014, which shall be considered to be a part of the Death Valley National Park Wilderness.

(6)

Death valley national park wilderness additions-bowling alley

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 28,923 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Bowling Alley, numbered 143/128,606, and dated May 14, 2015, which shall be considered to be a part of the Death Valley National Park Wilderness.

(c)

Designation of wilderness area To Be administered by the forest service

(1)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the land in the State described in paragraph (2) is designated as a wilderness area and as a component of the National Wilderness Preservation System.

(2)

Description of land

The land referred to in paragraph (1) is certain land in the San Bernardino National Forest, comprising approximately 7,141 acres, as generally depicted on the map entitled San Gorgonio Proposed Wilderness Expansion, and dated November 2, 2016, which shall considered to be a part of the San Gorgonio Wilderness.

(3)

Fire management and related activities

(A)

In general

The Secretary may carry out such activities in the wilderness area designated by paragraph (1) as are necessary for the control of fire, insects, and disease, 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.

(B)

Funding priorities

Nothing in this subsection limits the provision of any funding for fire or fuel management in the wilderness area designated by paragraph (1).

(C)

Revision and development of local fire management plans

As soon as practicable after the date of enactment of this title, the Secretary shall amend the local fire management plans that apply to the wilderness area designated by paragraph (1).

(D)

Administration

In accordance with subparagraph (A) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness area designated by paragraph (1), the Secretary shall—

(i)

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

(ii)

enter into agreements with appropriate State or local firefighting agencies relating to that wilderness area.

1302.

Management

(a)

Adjacent management

(1)

In general

Nothing in this title creates any protective perimeter or buffer zone around the wilderness areas designated by section 1301.

(2)

Activities outside wilderness areas

(A)

In general

The fact that an activity (including military activities) or use on land outside a wilderness area designated by section 1301 can be seen or heard within the wilderness area shall not preclude or restrict the activity or use outside the boundary of the wilderness area.

(B)

Effect on nonwilderness activities

(i)

In general

In any permitting proceeding (including a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) conducted with respect to a project described in clause (ii) that is formally initiated through a notice in the Federal Register before December 31, 2013, the consideration of any visual, noise, or other impacts of the project on a wilderness area designated by section 1301 shall be conducted based on the status of the area before designation as wilderness.

(ii)

Description of projects

A project referred to in clause (i) is a renewable energy project or associated energy transport facility project—

(I)

for which the Bureau of Land Management has received a right-of-way use application on or before the date of enactment of this title; and

(II)

that is located outside the boundary of a wilderness area designated by section 1301.

(3)

No additional regulation

Nothing in this title requires additional regulation of activities on land outside the boundary of the wilderness areas.

(4)

Effect on military operations

Nothing in this title alters any authority of the Secretary of Defense to conduct any military operations at desert installations, facilities, and ranges of the State that are authorized under any other provision of law.

(5)

Effect on utility facilities and rights-of-way

(A)

In general

Subject to paragraph (2), nothing in this title terminates or precludes the renewal or reauthorization of any valid existing right-of-way or customary operation, maintenance, repair, upgrading, or replacement activities in a right-of-way, issued, granted, or permitted to the Southern California Edison Company or predecessors, successors, or assigns of the Southern California Edison Company that is located on land included in the San Gorgonio Wilderness Area or the Sand to Snow National Monument.

(B)

Limitation

The activities described in subparagraph (A) shall be conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) for the San Gorgonio Wilderness Area and in a manner compatible with the protection of objects and values for which the Sand to Snow National Monument was designated.

(C)

Applicable law

In accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), any approval required for an increase in the voltage of the Coachella distribution circuit shall require consideration of alternative alignments, including alignments adjacent to State Route 62.

(b)

Maps; legal descriptions

(1)

In general

As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by section 1301 with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

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 maps and legal descriptions.

(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.

(c)

Administration

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by section 1301 shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the Secretary of Agriculture shall also be considered to be a reference to the Secretary of the Interior, and any reference to the effective date shall be considered to be a reference to the date of enactment of this title.

1303.

Release of wilderness study areas

(a)

Finding

Congress finds that, for 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 a wilderness area or wilderness addition by section 1301 or any other Act enacted before the date of enactment of this title has been adequately studied for wilderness.

(b)

Description of study areas

The study areas referred to in subsection (a) are—

(1)

the Cady Mountains Wilderness Study Area;

(2)

the Kingston Range Wilderness Study Area;

(3)

the Avawatz Mountain Wilderness Study Area;

(4)

the Death Valley National Park Boundary and Wilderness Study Area;

(5)

the Great Falls Basin Wilderness Study Area; and

(6)

the Soda Mountains Wilderness Study Area.

(c)

Release

Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by section 1301 is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

1304.

Treatment of cherry-Stemmed roads

(a)

Definition of cherry-Stemmed road

In this section, the term cherry-stemmed road means a road or trail that is excluded from a wilderness area or wilderness addition designated by section 202 by a non-wilderness corridor having designated wilderness on both sides, as generally depicted on the maps described in such section.

(b)

Prohibition on closure or travel restrictions on cherry-Stemmed roads

The Secretary concerned shall not—

(1)

close any cherry-stemmed road that is open to the public as of the date of the enactment of this Act;

(2)

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

(3)

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.

(c)

Resource protection or public safety exceptions

Subsection (b) shall not apply to a cherry-stemmed road if the Secretary concerned determines that a closure or traffic restriction of the cherry-stemmed road is necessary for purposes of significant resource protection or public safety.

1305.

Designation of potential wilderness area

(a)

In general

Certain land administered by the National Park Service, comprising approximately 1 acre as generally depicted on the map entitled Proposed Potential Wilderness, Mormon Peak Microwave Facility, Death Valley National Park and dated March 1, 2018, is designated as a potential wilderness area.

(b)

Uses

The Secretary shall permit only the uses on the land described in subsection (a) that were permitted on the date of enactment of the California Desert Protection Act of 1994 (Public Law 103–433).

(c)

Reestablishment of wilderness designation

(1)

Notice

The Secretary shall publish a notice in the Federal Register when the Secretary determines that—

(A)

the communications site within the potential wilderness area designated under subsection (a) is no longer used;

(B)

the associated right-of-way is relinquished or not renewed; and

(C)

the conditions in the potential wilderness area designated by subparagraph (a) are compatible with the Wilderness Act (16 U.S.C. 1131 et seq.).

(2)

Designation

Upon publication by the Secretary of the notice described in paragraph (1), the land described in subsection (a) shall be—

(A)

designated as wilderness and as a component of the National Wilderness Preservation System; and

(B)

incorporated into the Death Valley National Park Wilderness designated by section 601 of Public Law 103–433.

XIV

NATIONAL PARK SYSTEM ADDITIONS

1401.

Death valley national park boundary revision

(a)

In general

The boundary of Death Valley National Park is adjusted to include—

(1)

the approximately 28,923 acres of Bureau of Land Management land in Inyo County, California, abutting the southern end of the Death Valley National Park that lies between Death Valley National Park to the north and Ft. Irwin Military Reservation to the south and which runs approximately 34 miles from west to east, as depicted on the map entitled Death Valley National Park Proposed Boundary Addition-Bowling Alley, numbered 143/128,605, and dated May 14, 2015; and

(2)

the approximately 6,369 acres of Bureau of Land Management land in Inyo County, California, located in the northeast area of Death Valley National Park that is within, and surrounded by, land under the jurisdiction of the Director of the National Park Service, as depicted on the map entitled Death Valley National Park Proposed Boundary Addition-Crater, numbered 143/100,079C, and dated October 7, 2014.

(b)

Availability of map

The maps described in paragraphs (1) and (2) of subsection (a) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

The Secretary of the Interior (referred to in this title as the Secretary) shall—

(1)

administer any land added to Death Valley National Park under subsection (a)—

(A)

as part of Death Valley National Park; and

(B)

in accordance with applicable laws (including regulations); and

(2)

not later than 180 days after the date of enactment of this Act, enter into a memorandum of understanding with Inyo County, California, to permit operationally feasible, ongoing access and use (including, but not limited to, material storage as well as excavation) to gravel pits in existence as of that date along Saline Valley Road within Death Valley National Park for road maintenance and repairs in accordance with applicable laws (including regulations).

(d)

Environmental remediation

To ensure consistency with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and Department of the Interior policy, prior to the transfer of any of the lands described in subsection (a) to the National Park Service, the land shall be fully investigated for contamination in accordance with applicable environmental due diligence standards of the disposing agency and, within 3 years from the date of enactment of this subsection, the disposing agency shall undertake any environmental remediation or clean up activities and pay for such activities relating to facilities, land or interest in land identified for transfer.

1402.

Mojave national preserve

The boundary of the Mojave National Preserve is adjusted to include the 25 acres of Bureau of Land Management land in Baker, California, as depicted on the map entitled Mojave National Preserve Proposed Boundary Addition, numbered 170/100,199, and dated August 2009.

1403.

Joshua tree national park boundary revision

(a)

In general

The boundary of the Joshua Tree National Park is adjusted to include—

(1)

the 2,879 acres of land managed by Director of the Bureau of Land Management that are contiguous at several different places to the northern boundaries of Joshua Tree National Park in the northwest section of the Park, as depicted on the map entitled Joshua Tree National Park Proposed Boundary Additions, numbered 156/100,077, and dated August 2009; and

(2)

the 1,639 acres of land to be acquired from the Mojave Desert Land Trust that are contiguous at several different places to the northern boundaries of Joshua Tree National Park in the northwest section of the Park, as depicted on the map entitled Mojave Desert Land Trust National Park Service Additions, numbered 156/126,376, and dated September 2014.

(b)

Availability of maps

The map described in subsection (a) and the map depicting the 25 acres described in subsection (c)(2) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

(1)

In general

The Secretary shall administer any land added to the Joshua Tree National Park under subsection (a) and the additional land described in paragraph (2)—

(A)

as part of Joshua Tree National Park; and

(B)

in accordance with applicable laws (including regulations).

(2)

Description of additional land

The additional land referred to in paragraph (1) is the 25 acres of land—

(A)

depicted on the map entitled Joshua Tree National Park Boundary Adjustment Map, numbered 156/80,049, and dated April 1, 2003;

(B)

added to Joshua Tree National Park by the notice of the Department of the Interior of August 28, 2003 (68 Fed. Reg. 51799); and

(C)

more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.

(d)

Southern california edison company energy transport facilities and rights-of-Way

(1)

In general

Nothing in this title terminates any valid right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities in a right-of-way issued, granted, or permitted to the Southern California Edison Company or the predecessors, successors, or assigns of the Southern California Edison Company that is located on land described in paragraphs (1) and (2) of subsection (a), including, at a minimum, the use of mechanized vehicles, helicopters, or other aerial devices.

(2)

Upgrades and replacements

Nothing in this title prohibits the upgrading or replacement of—

(A)

Southern California Edison Company energy transport facilities, including the energy transport facilities referred to as the Jellystone, Burnt Mountain, Whitehorn, Allegra, and Utah distribution circuits rights-of-way; or

(B)

an energy transport facility in rights-of-way issued, granted, or permitted by the Secretary adjacent to Southern California Edison Joshua Tree Utility Facilities.

(3)

Publication of plans

Not later than the date that is 1 year after the date of enactment of this title or the issuance of a new energy transport facility right-of-way within the Joshua Tree National Park, whichever is earlier, the Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Southern California Edison Company within Joshua Tree National Park.

XV

OFF-HIGHWAY VEHICLE RECREATION AREAS

1501.

Designation of off-highway vehicle recreation areas

(a)

Designation

In accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource management plans developed under this title and subject to valid rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas:

(1)

Dumont dunes off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 7,630 acres, as generally depicted on the map entitled Dumont Dunes OHV Recreation Area and dated February 22, 2018, which shall be known as the Dumont Dunes Off-Highway Vehicle Recreation Area.

(2)

El mirage off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 14,930 acres, as generally depicted on the map entitled El Mirage Proposed OHV Recreation Area and dated February 22, 2018, which shall be known as the El Mirage Off-Highway Vehicle Recreation Area.

(3)

Rasor off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 23,910 acres, as generally depicted on the map entitled Rasor Proposed OHV Recreation Area and dated March 9, 2018, which shall be known as the Rasor Off-Highway Vehicle Recreation Area.

(4)

Spangler hills off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 56,140 acres, as generally depicted on the map entitled Spangler Hills Proposed OHV Recreation Area and dated March 9, 2018, which shall be known as the Spangler Hills Off-Highway Vehicle Recreation Area.

(5)

Stoddard valley off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 40,110 acres, as generally depicted on the map entitled Stoddard Valley Proposed OHV Recreation Area and dated March 9, 2018, which shall be known as the Stoddard Valley Off-Highway Vehicle Recreation Area.

(b)

Expansion of johnson valley off-Highway vehicle recreation area

The Johnson Valley Off-Highway Vehicle Recreation Area designated by section 2945 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66; 127 Stat. 1038) is expanded to include all of the land, approximately 11,300 acres, depicted as the Proposed Johnson Valley Off-Highway Vehicle Recreation Area Additions on the map entitled Johnson Valley Off-Highway Vehicle Recreation Area and dated March 15, 2018.

(c)

Purpose

The purpose of the off-highway vehicle recreation areas designated or expanded under subsections (a) and (b) is to preserve and enhance the recreational opportunities within the Conservation Area (including opportunities for off-highway vehicle recreation), while conserving the wildlife and other natural resource values of the Conservation Area.

(d)

Maps and descriptions

(1)

Preparation and submission

As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated or expanded by subsections (a) or (b) with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Legal effect

The map and legal descriptions of the off-highway vehicle recreation areas 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 descriptions.

(3)

Public availability

Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate offices of the Bureau of Land Management.

(e)

Use of the land

(1)

Recreational activities

(A)

In general

The Secretary shall continue to authorize, maintain, and enhance the recreational uses of the off-highway vehicle recreation areas designated or expanded by subsections (a) and (b), including, but not limited to off-highway recreation, hiking, camping, hunting, mountain biking, sightseeing, rockhounding, and horseback riding, as long as the recreational use is consistent with this section, the protection of public health and safety, and any other applicable law.

(B)

Off-highway vehicle and off-highway recreation

To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designations in effect on the date of enactment of this title and applicable to the off-highway vehicle recreation areas designated or expanded by subsections (a) and (b) shall continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation.

(2)

Wildlife guzzlers

Wildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated by subsection (a) in accordance with—

(A)

applicable Bureau of Land Management guidelines; and

(B)

State law.

(3)

Prohibited uses

(A)

In general

Permanent commercial development (including development of energy facilities, but excluding energy transport facilities, rights-of-way, and related telecommunication facilities) shall be prohibited in the off-highway vehicle recreation areas designated or expanded by subsections (a) and (b) if the Secretary determines that the development is incompatible with the purpose of this title.

(B)

Exception for temporary permitted vendors

Subparagraph (A) does not prohibit a commercial vendor from establishing, pursuant to a temporary permit, a site in the off-highway vehicle recreation areas for the purpose of providing accessories and other support for off-highway vehicles and vehicles used for accessing the area.

(f)

Administration

(1)

In general

The Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsections (a) and (b) in accordance with—

(A)

this title;

(B)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(C)

any other applicable laws (including regulations).

(2)

Management plan

(A)

In general

As soon as practicable, but not later than 3 years after the date of enactment of this title, the Secretary will evaluate and determine if current land use plans meet the intent of this Act. If not, the Secretary shall—

(i)

amend existing resource management plans applicable to the land designated as off-highway vehicle recreation areas under subsection (a); or

(ii)

develop new activity plans for each off-highway vehicle recreation area designated under that subsection.

(B)

Requirements

All new or amended plans under subparagraph (A) shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with—

(i)

the purpose described in subsection (c); and

(ii)

any applicable laws (including regulations).

(C)

Interim plans

Pending completion of a new activity plan under subparagraph (A), the existing resource management plans shall govern the use of the applicable off-highway vehicle recreation area.

(g)

Study

(1)

In general

As soon as practicable, but not later than 2 years after the date of enactment of this title, the Secretary shall complete a study to identify Bureau of Land Management land within the Conservation Area that is suitable for addition to—

(A)

the off-highway vehicle recreation areas designated by subsections (a) and (b); or

(B)

the Johnson Valley Off-Highway Vehicle Recreation Area designated by section 2945 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1038).

(2)

Study areas

The study required under paragraph (1) shall include—

(A)

certain Bureau of Land Management land in the Conservation Area, comprising approximately 41,000 acres, as generally depicted on the map entitled Spangler Hills Proposed OHV Recreation Area and dated March 9, 2018;

(B)

certain Bureau of Land Management land in the Conservation Area, comprising approximately 680 acres, as generally depicted on the map entitled El Mirage Proposed OHV Recreation Area and dated February 22, 2018; and

(C)

certain Bureau of Land Management land in the Conservation Area, comprising approximately 10,300 acres, as generally depicted on the map entitled Johnson Valley Off-Highway Vehicle Recreation Area and dated March 15, 2018.

(3)

Requirements

In preparing the study under paragraph (1), the Secretary shall—

(A)

seek input from stakeholders, including—

(i)

the State, including—

(I)

the California Public Utilities Commission; and

(II)

the California Energy Commission;

(ii)

San Bernardino County, California;

(iii)

the public;

(iv)

recreational user groups;

(v)

conservation organizations;

(vi)

the Southern California Edison Company;

(vii)

the Pacific Gas and Electric Company; and

(viii)

other Federal agencies, including the Department of Defense;

(B)

explore the feasibility of—

(i)

expanding the southern boundary of the off-highway vehicle recreation area described in subsection (a)(3) to include previously disturbed land; and

(ii)

establishing a right of way for OHV use in the area identified in (g)(2), to the extent necessary to connect the non-contiguous areas of the Johnson Valley Off-Highway Vehicle Recreation Area;

(C)

identify and exclude from consideration any land that—

(i)

is managed for conservation purposes;

(ii)

is identified as critical habitat for a listed species;

(iii)

may be suitable for renewable energy development; or

(iv)

may be necessary for energy transmission; and

(D)

not recommend or approve expansion of off-highway vehicle recreation areas within the Conservation Area that collectively would exceed the total acres administratively designated for off-highway recreation within the Conservation Area as of the day before the date of enactment of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 672).

(4)

Applicable law

The Secretary shall consider the information and recommendations of the study completed under paragraph (1) to determine the impacts of expanding off-highway vehicle recreation areas designated by subsection (a) on the Conservation Area, in accordance with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(C)

applicable regulations and plans, including the Desert Renewable Energy Conservation Plan Land Use Plan Amendment; and

(D)

any other applicable law.

(5)

Submission to congress

On completion of the study under paragraph (1), the Secretary shall submit the study to—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(6)

Authorization for expansion

(A)

In general

On completion of the study under paragraph (1) and in accordance with all applicable laws (including regulations), the Secretary shall authorize the expansion of the off-highway vehicle recreation areas recommended under the study.

(B)

Management

Any land within the expanded areas under subparagraph (A) shall be managed in accordance with this section.

(h)

Southern california edison company utility facilities and rights-of-Way

(1)

Effect of title

Nothing in this title—

(A)

terminates any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way issued, granted, or permitted to Southern California Edison Company (including any predecessor or successor in interest or assign) that is located on land included in—

(i)

the El Mirage Off-Highway Vehicle Recreation Area;

(ii)

the Spangler Hills Off-Highway Vehicle Recreation Area; or

(iii)

the Stoddard Valley Off Highway Vehicle Recreation Area;

(B)

affects the application, siting, route selection, right-of-way acquisition, or construction of the Coolwater-Lugo transmission project, as may be approved by the California Public Utilities Commission and the Bureau of Land Management; or

(C)

prohibits the upgrading or replacement of any Southern California Edison Company—

(i)

utility facility, including such a utility facility known on the date of enactment of this title as—

(I)

Gale-PS 512 transmission lines or rights-of-way; and

(II)

Patio, Jack Ranch, and Kenworth distribution circuits or rights-of-way; and

(ii)

energy transport facility in a right-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).

(2)

Plans for access

The Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Company by the date that is 1 year after the later of—

(A)

the date of enactment of this title; and

(B)

the date of issuance of a new energy transport facility right-of-way within—

(i)

the El Mirage Off-Highway Vehicle Recreation Area;

(ii)

the Spangler Hills Off-Highway Vehicle Recreation Area; or

(iii)

the Stoddard Valley Off Highway Vehicle Recreation Area.

(i)

Pacific gas and electric company utility facilities and rights-of-Way

(1)

Effect of title

Nothing in this title—

(A)

terminates any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in the Spangler Hills Off-Highway Vehicle Recreation Area; or

(B)

prohibits the upgrading or replacement of any—

(i)

utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on the date of enactment of this title as—

(I)

Gas Transmission Line 311 or rights-of-way; and

(II)

Gas Transmission Line 372 or rights-of-way; and

(ii)

utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i).

(2)

Plans for access

Not later than 1 year after the date of enactment of this title or the issuance of a new utility facility right-of-way within the Spangler Hills Off-Highway Vehicle Recreation Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.

XVI

ALABAMA HILLS NATIONAL SCENIC AREA

1601.

Definitions

In this title:

(1)

Management plan

The term management plan means the management plan for the National Scenic Area developed under section 1603(a).

(2)

Map

The term Map means the map titled Proposed Alabama Hills National Scenic Area, dated September 8, 2014.

(3)

Motorized vehicles

The term motorized vehicles means motorized or mechanized vehicles and includes, when used by utilities, mechanized equipment, helicopters, and other aerial devices necessary to maintain electrical or communications infrastructure.

(4)

National scenic area

The term National Scenic Area means the Alabama Hills National Scenic Area established by section 1602(a).

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of California.

(7)

Tribe

The term Tribe means the Lone Pine Paiute-Shoshone.

(8)

Utility facility

The term utility facility means any and all existing and future water system facilities including aqueducts, streams, ditches, and canals; water facilities including, but not limited to, flow measuring stations, gauges, gates, valves, piping, conduits, fencing, and electrical power and communications devices and systems; and any and all existing and future electric generation facilities, electric storage facilities, overhead and/or underground electrical supply systems and communication systems consisting of electric substations, electric lines, poles and towers made of various materials, H frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, above-ground enclosures, markers and concrete pads and other fixtures, appliances and communication circuits, and other fixtures, appliances and appurtenances connected therewith necessary or convenient for the construction, operation, regulation, control, grounding and maintenance of electric generation, storage, lines and communication circuits, for the purpose of transmitting intelligence and generating, storing, distributing, regulating and controlling electric energy to be used for light, heat, power, communication, and other purposes.

1602.

Alabama hills national scenic area, california

(a)

Establishment

Subject to valid, existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area. The National Scenic Area shall be comprised of the approximately 18,610 acres generally depicted on the Map as National Scenic Area.

(b)

Purpose

The purpose of the National Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the National Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(a)).

(c)

Map; legal description

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the National Scenic Area 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 descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions.

(3)

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 and Bureau of Land Management.

(d)

Administration

The Secretary shall manage the National Scenic Area—

(1)

as a component of the National Landscape Conservation System;

(2)

so as not to impact the future continuing operations and maintenance of any activities associated with valid, existing rights, including water rights;

(3)

in a manner that conserves, protects, and enhances the resources and values of the National Scenic Area described in subsection (b); and

(4)

in accordance with—

(A)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B)

this Act; and

(C)

any other applicable laws.

(e)

Management

(1)

In general

The Secretary shall allow only such uses of the National Scenic Area as the Secretary determines would support the purposes of the National Scenic Area as described in subsection (b).

(2)

Recreational activities

Except as otherwise provided in this Act or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the National Scenic Area to continue, including, but not limited to, hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use.

(3)

Motorized vehicles

Except as specified within this Act and/or in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Scenic Area shall be permitted only on—

(A)

roads and trails designated by the Director of the Bureau of Land Management for use of motorized vehicles as part of a management plan sustaining a semi-primitive motorized experience; or

(B)

on county-maintained roads in accordance with applicable State and county laws.

(f)

No buffer zones

(1)

In general

Nothing in this Act creates a protective perimeter or buffer zone around the National Scenic Area.

(2)

Activities outside national scenic area

The fact that an activity or use on land outside the National Scenic Area can be seen or heard within the National Scenic Area shall not preclude the activity or use outside the boundaries of the National Scenic Area.

(g)

Access

The Secretary shall continue to provide private landowners adequate access to inholdings in the National Scenic Area.

(h)

Filming

Nothing in this Act prohibits filming (including commercial film production, student filming, and still photography) within the National Scenic Area—

(1)

subject to—

(A)

such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and

(B)

applicable law; and

(2)

in a manner consistent with the purposes described in subsection (b).

(i)

Fish and wildlife

Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.

(j)

Livestock

The grazing of livestock in the National Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this Act, shall be permitted to continue—

(1)

subject to—

(A)

such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and

(B)

applicable law; and

(2)

in a manner consistent with the purposes described in subsection (b).

(k)

Overflights

Nothing in this Act restricts or precludes flights over the National Scenic Area or overflights that can be seen or heard within the National Scenic Area, including—

(1)

transportation, sightseeing and filming flights, general aviation planes, helicopters, hang-gliders, and balloonists, for commercial or recreational purposes;

(2)

low-level overflights of military aircraft;

(3)

flight testing and evaluation;

(4)

the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Scenic Area; or

(5)

the use, including take-off and landing, of helicopters and other aerial devices within valid rights-of-way to construct or maintain energy transport facilities.

(l)

Withdrawal

Subject to this Act’s provisions and valid rights in existence on the date of enactment of this Act, including rights established by prior withdrawals, the Federal land within the National Scenic Area 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.

(m)

Wildland fire operations

Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Scenic Area, consistent with the purposes described in subsection (b).

(n)

Grants; cooperative agreements

The Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the National Scenic Area.

(o)

Air and water quality

Nothing in this Act modifies any standard governing air or water quality outside of the boundaries of the National Scenic Area.

(p)

Utility facilities and rights-of-Way

(1)

Nothing in this Act shall—

(A)

affect the existence, use, operation, maintenance (including but not limited to vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of utility facilities or appurtenant rights-of-way within or adjacent to the National Scenic Area;

(B)

affect necessary or efficient access to utility facilities or rights-of-way within or adjacent to the National Scenic Area subject to subsection (e); or

(C)

preclude the Secretary from authorizing the establishment of new utility facility rights-of-way (including instream sites, routes, and areas) within the National Scenic Area in a manner that minimizes harm to the purpose of the National Scenic Area as described in subsection (b)—

(i)

with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable law;

(ii)

subject to such terms and conditions as the Secretary determines to be appropriate; and

(iii)

are determined, by the Secretary, to be the only technical or feasible location, following consideration of alternatives within existing rights-of-way or outside of the National Scenic Area.

(2)

Management plan

Consistent with this Act, the Management Plan shall establish plans for maintenance of public utility and other rights-of-way within the National Scenic Area.

1603.

Management plan

(a)

In general

Not later than 3 years after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall develop a comprehensive plan for the long-term management of the National Scenic Area.

(b)

Consultation

In developing the management plan, the Secretary shall—

(1)

consult with appropriate State, tribal, and local governmental entities, including Inyo County and the Tribe; and

(2)

seek input from—

(A)

investor-owned utilities, including Southern California Edison Company;

(B)

the Alabama Hills Stewardship Group;

(C)

members of the public; and

(D)

the Los Angeles Department of Water and Power.

(c)

Requirement

In accordance with this title, the management plan shall include provisions for maintenance of existing public utility and other rights-of-way within the National Scenic Area.

(d)

Incorporation of management plan

In developing the management plan, in accordance with this section, the Secretary shall allow, in perpetuity, casual-use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items.

(e)

Interim management

Pending completion of the management plan, the Secretary shall manage the National Scenic Area in accordance with section 1602.

1604.

Land taken into trust for lone pine paiute-shoshone reservation

(a)

Trust land

All right, title, and interest of the United States in and to the approximately 132 acres of Federal land depicted on the Map as Lone Pine Paiute-Shoshone Reservation Addition shall be held in trust by the United States for the benefit of the Tribe, subject to the following:

(1)

Conditions

The land shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record on the date of the enactment of this Act.

(2)

Exclusion

The Federal lands over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), shall not be taken into trust for the Tribe.

(b)

Survey

Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).

(c)

Reservation land

The land taken into trust pursuant to subsection (a) shall be considered part of the reservation of the Tribe.

(d)

Gaming prohibition

Gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken into trust pursuant to subsection (a).

1605.

Transfer of administrative jurisdiction

Administrative jurisdiction of the approximately 56 acres of Federal land depicted on the Map as USFS Transfer to BLM is hereby transferred from the Forest Service under the Secretary of Agriculture to the Bureau of Land Management under the Secretary.

1606.

Protection of services and recreational opportunities

(a)

Effect of title

Nothing in this title shall be construed to limit commercial services for existing and historic recreation uses as authorized by the Bureau of Land Management’s permit process.

(b)

Guided recreational opportunities

Commercial permits to exercise guided recreational opportunities for the public authorized as of the date of the enactment of this title may continue to be authorized.

XVII

MISCELLANEOUS

1701.

Military activities

Nothing in this Act—

(1)

restricts or precludes Department of Defense motorized access by land or air—

(A)

to respond to an emergency within a wilderness area designated by this Act; or

(B)

to control access to the emergency site;

(2)

prevents nonmechanized military training activities previously conducted on wilderness areas designated by this title that are consistent with—

(A)

the Wilderness Act (16 U.S.C. 1131 et seq.); and

(B)

all applicable laws (including regulations);

(3)

restricts or precludes low-level overflights of military aircraft over the areas designated as wilderness, national monuments, special management areas, or recreation areas by this Act, including military overflights that can be seen or heard within the designated areas;

(4)

restricts or precludes flight testing and evaluation in the areas described in paragraph (3); or

(5)

restricts or precludes the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the areas described in paragraph (3).

1702.

Prohibited uses of acquired, donated, and conservation land

(a)

Definitions

In this section:

(1)

Acquired land

The term acquired land means any land acquired within the Conservation Area using amounts from funds such as the Land and Water Conservation Fund established under section 200302 of title 54, United States Code.

(2)

Conservation land

The term conservation land means any land within the Conservation Area that is designated by the Bureau of Land Management in the California Desert Conservation Area Plan, as amended, for conservation purposes, as part of a mitigation agreement, or to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—

(A)

National Conservation Land established pursuant to section 2002(b)(2)(D) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); and

(B)

Areas of Critical Environmental Concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)).

(3)

Donated land

The term donated land means any private land donated to the United States for conservation purposes in the Conservation Area.

(4)

Donor

The term donor means an individual or entity that donates private land within the Conservation Area to the United States.

(5)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(b)

Prohibitions

Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—

(1)

disposal;

(2)

rights-of-way;

(3)

leases;

(4)

livestock grazing;

(5)

infrastructure development, except as provided in subsection (c);

(6)

mineral entry; and

(7)

off-highway vehicle use, except on—

(A)

designated routes;

(B)

off-highway vehicle areas designated by law; and

(C)

administratively designated open areas.

(c)

Exceptions

(1)

Authorization by secretary

Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—

(A)

a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or

(B)

after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any appropriate land use plan amendment under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary has determined that proposed use is in the public interest.

(2)

Conditions

(A)

In general

If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.

(B)

Approval

The private land to be donated under subparagraph (A) shall be approved by the Secretary after—

(i)

consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and

(ii)

an opportunity for public comment regarding the donation.

(d)

Existing agreements

Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on the date of enactment of this title.

(e)

Deed restrictions

Effective beginning on the date of enactment of this title, within the Conservation Area, the Secretary may—

(1)

accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and

(2)

consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—

(A)

to fulfill the mitigation requirements resulting from the development of renewable resources; or

(B)

to satisfy the conditions of—

(i)

a habitat conservation plan or general conservation plan established pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); or

(ii)

a natural communities conservation plan approved by the State.

(f)

Existing rights-of-Way and leases

Nothing in this section shall terminate or preclude the renewal or reauthorization of valid existing rights-of-way or leases on the donated land.

1703.

Tribal uses and interests

(a)

Access

The Secretary shall ensure access to areas designated under this Act by members of Indian tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996).

(b)

Temporary closure

(1)

In general

In accordance with applicable law, including Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996), and subject to paragraph (2), the Secretary, on request of an Indian tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a designated area) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian tribe or Indian religious community.

(2)

Limitation

In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.

(c)

Cultural resources management plan

(1)

In general

Not later than 2 years after the date of enactment of this title, the Secretary of the Interior shall develop and implement a cultural resources management plan to identify, protect, and conserve cultural resources of Indian tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).

(2)

Consultation

The Secretary shall consult on the development and implementation of the cultural resources management plan under paragraph (1) with—

(A)

each of—

(i)

the Chemehuevi Indian Tribe;

(ii)

the Hualapai Tribal Nation;

(iii)

the Fort Mojave Indian Tribe;

(iv)

the Colorado River Indian Tribes;

(v)

the Quechan Indian Tribe; and

(vi)

the Cocopah Indian Tribe; and

(B)

the State Historic Preservation Offices of Nevada, Arizona, and California.

(3)

Resource protection

The cultural resources management plan developed under paragraph (1) shall be—

(A)

based on a completed cultural resources survey; and

(B)

include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—

(i)

chapter 2003 of title 54, United States Code;

(ii)

Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996);

(iii)

the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

(iv)

the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(v)

Public Law 103–141 (commonly known as the Religious Freedom Restoration Act of 1993) (42 U.S.C. 2000bb et seq.).

(d)

Withdrawal

Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the Indian Pass Withdrawal Area is permanently withdrawn from—

(1)

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

(2)

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

(3)

right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.

1704.

Release of federal reversionary land interests

(a)

Definitions

In this section:

(1)

1932 act

The 1932 Act means the Act of June 18, 1932 (47 Stat. 324, chapter 270).

(2)

District

The District means the Metropolitan Water District of Southern California.

(b)

Release

Subject to valid existing claims perfected prior to the effective date of the 1932 Act and the reservation of minerals set forth in the 1932 Act, the Secretary shall release, convey, or otherwise quitclaim to the District, in a form recordable in local county records, and subject to the approval of the District, after consultation and without monetary consideration, all right, title, and remaining interest of the United States in and to the land that was conveyed to the District pursuant to the 1932 Act or any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States, on request by the District.

(c)

Terms and conditions

A conveyance authorized by subsection (b) shall be subject to the following terms and conditions:

(1)

The District shall cover, or reimburse the Secretary for, the costs incurred by the Secretary to make the conveyance, including title searches, surveys, deed preparation, attorneys’ fees, and similar expenses.

(2)

By accepting the conveyances, the District agrees to indemnify and hold harmless the United States with regard to any boundary dispute relating to any parcel conveyed under this section.

1705.

Desert tortoise conservation center

(a)

Establishment

The Secretary of the Interior (referred to in this section as the Secretary) shall establish, operate, and maintain a bi-State center, to be known as the Desert Tortoise Conservation Center (referred to in this section as the Center), on public land along the border between the States of California and Nevada—

(1)

to support desert tortoise research, disease monitoring, handling training, rehabilitation, and reintroduction; and

(2)

to ensure the full recovery and ongoing survival of the desert tortoise species.

(b)

Requirements

In carrying out subsection (a), the Secretary shall—

(1)

seek the participation of or contract with qualified nongovernmental organizations with expertise in desert tortoise disease research and experience with desert tortoise translocation techniques, and scientific training of professional biologists for handling tortoises, to staff and manage the Center, including through the use of public-private partnerships for funding and other purposes, where appropriate;

(2)

ensure that the Center engages in public outreach and education on tortoise handling; and

(3)

consult with the States of California and Nevada to ensure the center is operated consistently with applicable State law.

(c)

Non-Federal contributions

The Secretary may accept and expend contributions of non-Federal funds to establish, operate, and maintain the Center.

1706.

Wildlife corridors

(a)

In general

The Secretary shall—

(1)

assess the impacts of habitat fragmentation on wildlife in the Conservation Area; and

(2)

establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.

(b)

Study

(1)

In general

As soon as practicable, but not later than 2 years after the date of enactment of this title, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the Conservation Area.

(2)

Components

The study under paragraph (1) shall—

(A)

identify the species migrating, or likely to migrate, in the Conservation Area;

(B)

examine the impacts and potential impacts of habitat fragmentation on—

(i)

plants, insects, and animals; and

(ii)

species migration and survival;

(C)

identify critical wildlife and species migration corridors recommended for preservation; and

(D)

include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the Conservation Area.

(3)

Rights-of-way

The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the Conservation Area, in accordance with—

(A)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(B)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

(C)

any other applicable law.

(c)

Land management plans

The Secretary shall incorporate into all land management plans applicable to the Conservation Area the findings and recommendations of the study completed under subsection (b).

.

3.

Visitor center

Title IV of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–21 et seq.) is amended by adding at the end the following:

408.

Visitor center

(a)

In general

The Secretary may acquire not more than 5 acres of land and interests in land, and improvements on the land and interests, outside the boundaries of Joshua Tree National Park, in the unincorporated village of Joshua Tree, for the purpose of operating a visitor center.

(b)

Boundary

The Secretary shall modify the boundary of the park to include the land acquired under this section as a noncontiguous parcel.

(c)

Administration

Land and facilities acquired under this section—

(1)

may include the property owned (as of the date of enactment of this section) by the Joshua Tree National Park Association and commonly referred to as the Joshua Tree National Park Visitor Center;

(2)

shall be administered by the Secretary as part of the park; and

(3)

may be acquired only with the consent of the owner, by donation, purchase with donated or appropriated funds, or exchange.

.

4.

California State school land

Section 707 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–77) is amended—

(1)

in subsection (a)—

(A)

in the first sentence—

(i)

by striking Upon request of the California State Lands Commission (hereinafter in this section referred to as the Commission), the Secretary shall enter into negotiations for an agreement and inserting the following:

(1)

In general

The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the Commission)

; and

(ii)

by inserting , national monuments, off-highway vehicle recreation areas, after more of the wilderness areas; and

(B)

in the second sentence, by striking The Secretary shall negotiate in good faith to and inserting the following:

(2)

Agreement

To the maximum extent practicable, not later than 10 years after the date of enactment of this title, the Secretary shall

;

(2)

in subsection (b)(1), by inserting , national monuments, off-highway vehicle recreation areas, after wilderness areas;

(3)

in subsection (c), by adding at the end the following:

(5)

Special deposit fund account

(A)

In general

Assembled land exchanges may be used to carry out this section through the sale of surplus Federal property and subsequent acquisitions of State school land.

(B)

Receipts

Past and future receipts from the sale of property described in subsection (a), less any costs incurred related to the sale, shall be deposited in a Special Deposit Fund Account established in the Treasury.

(C)

Use

Funds accumulated in the Special Deposit Fund Account may be used by the Secretary, without an appropriation, to acquire State school lands or interest in the land consistent with this section.

; and

(4)

by adding at the end the following:

(e)

Memorandum of agreement

(1)

Any transaction completed pursuant to this section prior to January 1, 2018:

(A)

is deemed to be in compliance with the terms of the October 26, 1995, Memorandum of Agreement between the commission, the general services administration, and the Secretary; and

(B)

meets the requirements of subsection (a) of this section.

(2)

Future transactions that satisfy the terms of the October 26, 1995, Memorandum of Agreement shall be considered to be in compliance with subsection (a) of this section.

.

5.

Designation of wild and scenic rivers

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

(1)

in paragraph (196), by striking subparagraph (A) and inserting the following:

(A)
(i)

The approximately 1.4-mile segment of the Amargosa River in the State of California, from the private property boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet downstream of Highway 178, to be administered by the Secretary of the Interior as a scenic river as an addition to the wild and scenic river segments of the Amargosa River on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired as scenic easements or in fee title to establish a manageable addition to those segments.

(ii)

The approximately 6.1-mile segment of the Amargosa River in the State of California, from 100 feet downstream of the State Highway 178 crossing to 100 feet upstream of the Tecopa Hot Springs Road crossing, to be administered by the Secretary of the Interior as a scenic river.

; and

(2)

by adding at the end the following:

(213)

Surprise canyon creek, california

(A)

In general

The following segments of Surprise Canyon Creek in the State of California, to be administered by the Secretary of the Interior:

(i)

The approximately 5.3 miles of Surprise Canyon Creek from the confluence of Frenchman’s Canyon and Water Canyon to 100 feet upstream of Chris Wicht Camp, as a wild river.

(ii)

The approximately 1.8 miles of Surprise Canyon Creek from 100 feet upstream of Chris Wicht Camp to the southern boundary of sec. 14, T. 21 S., R. 44 E., Mount Diablo Meridian, as a recreational river.

(B)

Effect on historic mining structures

Nothing in this paragraph affects the historic mining structures associated with the former Panamint Mining District.

(214)

Deep creek, california

(A)

In general

The following segments of Deep Creek in the State of California, to be administered by the Secretary of Agriculture:

(i)

The approximately 6.5-mile segment from 0.125 mile downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2 W., San Bernardino Meridian to 0.25 miles upstream of the Road 3N34 crossing, as a wild river.

(ii)

The 0.5-mile segment from 0.25 mile upstream of the Road 3N34 crossing to 0.25 mile downstream of the Road 3N34 crossing, as a scenic river.

(iii)

The 2.5-mile segment from 0.25 miles downstream of the Road 3 N. 34 crossing to 0.25 miles upstream of the Trail 2W01 crossing, as a wild river.

(iv)

The 0.5-mile segment from 0.25 miles upstream of the Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01 crossing, as a scenic river.

(v)

The 10-mile segment from 0.25 miles downstream of the Trail 2W01 crossing to the upper limit of the Mojave dam flood zone in sec. 17, T. 3 N., R. 3 W., San Bernardino Meridian, as a wild river.

(vi)

The 11-mile segment of Holcomb Creek from 100 yards downstream of the Road 3N12 crossing to .25 miles downstream of Holcomb Crossing, as a recreational river.

(vii)

The 3.5-mile segment of the Holcomb Creek from 0.25 miles downstream of Holcomb Crossing to the Deep Creek confluence, as a wild river.

(B)

Effect on ski operations

Nothing in this paragraph affects—

(i)

the operations of the Snow Valley Ski Resort; or

(ii)

the State regulation of water rights and water quality associated with the operation of the Snow Valley Ski Resort.

(215)

Whitewater river, california

The following segments of the Whitewater River in the State of California, to be administered by the Secretary of Agriculture and the Secretary of the Interior, acting jointly:

(A)

The 5.8-mile segment of the North Fork Whitewater River from the source of the River near Mt. San Gorgonio to the confluence with the Middle Fork, as a wild river.

(B)

The 6.4-mile segment of the Middle Fork Whitewater River from the source of the River to the confluence with the South Fork, as a wild river.

(C)

The 1-mile segment of the South Fork Whitewater River from the confluence of the River with the East Fork to the section line between sections 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, as a wild river.

(D)

The 1-mile segment of the South Fork Whitewater River from the section line between sections 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, to the section line between sections 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, as a recreational river.

(E)

The 4.9-mile segment of the South Fork Whitewater River from the section line between sections 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, to the confluence with the Middle Fork, as a wild river.

(F)

The 5.4-mile segment of the main stem of the Whitewater River from the confluence of the South and Middle Forks to the San Gorgonio Wilderness boundary, as a wild river.

(G)

The 3.6-mile segment of the main stem of the Whitewater River from the San Gorgonio Wilderness boundary to .25 miles upstream of the southern boundary of section 35, T. 2 S., R. 3 E., San Bernardino Meridian, as a recreational river.

.

6.

Conforming amendments

(a)

Short title

Section 1 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa note; Public Law 103–433) is amended by striking 1 and 2, and titles I through IX and inserting 1, 2, and 3, titles I through IX, and titles XIII through XVII.

(b)

Definitions

The California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4481) is amended by inserting after section 2 the following:

3.

Definitions

In titles XIII through XVII:

(1)

Conservation area

The term Conservation Area means the California Desert Conservation Area.

(2)

Secretary

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and

(B)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture.

(3)

State

The term State means the State of California.

.

(c)

Administration of wilderness areas

Section 103 of the California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4481) is amended—

(1)

by striking subsection (d) and inserting the following:

(d)

No buffer zones

(1)

In general

Congress does not intend for the designation of wilderness areas by this Act—

(A)

to require the additional regulation of land adjacent to the wilderness areas; or

(B)

to lead to the creation of protective perimeters or buffer zones around the wilderness areas.

(2)

Nonwilderness activities

Any nonwilderness activities (including renewable energy projects, energy transmission or telecommunications projects, mining, and military activities) in areas immediately adjacent to the boundary of a wilderness area designated by this Act shall not be restricted or precluded by this Act, regardless of any actual or perceived negative impacts of the nonwilderness activities on the wilderness area, including any potential indirect impacts of nonwilderness activities conducted outside the designated wilderness area on the viewshed, ambient noise level, or air quality of wilderness area.

;

(2)

in subsection (f), by striking designated by this title and and inserting , potential wilderness areas, special management areas, and national monuments designated by this title or titles XIII through XVII; and

(3)

in subsection (g), by inserting , a potential wilderness area, a special management areas, or national monument before by this Act.

(d)

Juniper Flats

Title VII of the California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4497) is amended by adding at the end the following new section:

712.

Juniper flats

Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 28,000 acres of Federal land generally depicted as BLM Land Unavailable for Energy Development on the map entitled Juniper Flats and dated April 26, 2018.

.

(e)

California military lands withdrawal and overflights act of 1994

(1)

Findings

Section 801(b)(2) of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82 note; Public Law 103–433) is amended by inserting , special management areas, potential wilderness areas, before and wilderness areas.

(2)

Overflights; special airspace

Section 802 of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82) is amended—

(A)

in subsection (a), by inserting or special management areas before designated by this Act;

(B)

in subsection (b), by inserting or special management areas before designated by this Act; and

(C)

by adding at the end the following:

(d)

Department of defense facilities

Nothing in this Act alters any authority of the Secretary of Defense to conduct military operations at installations and ranges within the California Desert Conservation Area that are authorized under any other provision of law.

.

(f)

Clarification regarding funding

No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

Passed the House of Representatives June 25, 2018.

Karen L. Haas,

Clerk