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H.R. 376: California Desert Protection and Recreation Act of 2019


The text of the bill below is as of Jan 9, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 376

IN THE HOUSE OF REPRESENTATIVES

January 9, 2019

(for himself, Mr. Aguilar, Mr. Vargas, and Mr. Ruiz) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide for conservation, enhanced recreation opportunities, and development of renewable energy 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 Desert Protection and Recreation Act of 2019.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—Designation of wilderness in the california desert conservation area

Sec. 101. California desert conservation and recreation.

TITLE II—Designation of special management area

Sec. 201. Vinagre Wash Special Management Area.

TITLE III—National park system additions

Sec. 301. Death Valley National Park Boundary revision.

Sec. 302. Mojave National Preserve.

Sec. 303. Joshua Tree National Park.

TITLE IV—Off-highway vehicle recreation areas

Sec. 401. Off-highway vehicle recreation areas.

TITLE V—Miscellaneous

Sec. 501. Transfer of land to Anza-Borrego Desert State Park.

Sec. 502. Wildlife corridors.

Sec. 503. Prohibited uses of acquired, donated, and conservation land.

Sec. 504. Tribal uses and interests.

Sec. 505. Release of Federal reversionary land interests.

Sec. 506. California State school land.

Sec. 507. Designation of wild and scenic rivers.

Sec. 508. Conforming amendments.

Sec. 509. Juniper Flats.

Sec. 510. Conforming amendments to California Military Lands Withdrawal and Overflights Act of 1994.

Sec. 511. Desert tortoise conservation center.

2.

Definitions

In this Act:

(1)

Conservation Area

The term Conservation Area means the California Desert Conservation Area.

(2)

Secretary

The term Secretary means—

(A)

the Secretary of the Interior, with respect to land administered by the Department of the Interior; or

(B)

the Secretary of Agriculture, with respect to National Forest System land.

(3)

State

The term State means the State of California.

I

Designation of wilderness in the california desert conservation area

101.

California desert conservation and recreation

(a)

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

Section 102 of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 Stat. 4472) is amended by adding at the end the following:

(70)

Avawatz mountains wilderness

Certain land in the California Desert Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 89,500 acres, as generally depicted on the map entitled Proposed Avawatz Mountains Wilderness and dated November 7, 2018, to be known as the Avawatz Mountains Wilderness.

(71)

Great falls basin wilderness

Certain land in the California Desert Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 7,810 acres, as generally depicted on the map entitled Proposed Great Falls Basin Wilderness and dated November 7, 2018, to be known as the Great Falls Basin Wilderness.

(72)

Soda mountains wilderness

Certain land in the California Desert Conservation Area, administered by the Bureau of Land Management, comprising approximately 80,090 acres, as generally depicted on the map entitled Proposed Soda Mountains Wilderness and dated November 7, 2018, to be known as the Soda Mountains Wilderness.

(73)

Milpitas Wash Wilderness

Certain land in the California Desert Conservation Area, administered by the Bureau of Land Management, comprising approximately 17,250 acres, depicted as Proposed Milpitas Wash Wilderness on the map entitled Proposed Vinagre Wash Special Management Area and Proposed Wilderness and dated December 4, 2018, to be known as the Milpitas Wash Wilderness.

(74)

Buzzards Peak Wilderness

Certain land in the California Desert Conservation Area, administered by the Bureau of Land Management, comprising approximately 11,840 acres, depicted as Proposed Buzzards Peak Wilderness on the map entitled Proposed Vinagre Wash Special Management Area and Proposed Wilderness and dated December 4, 2018, to be known as the Buzzards Peak Wilderness.

.

(b)

Additions to existing wilderness areas administered by the bureau of land management

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:

(1)

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 Proposed Golden Valley Wilderness Addition and dated November 7, 2018, which shall be added to and administered as part of the Golden Valley Wilderness.

(2)

Kingston range wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 52,410 acres, as generally depicted on the map entitled Proposed Kingston Range Wilderness Additions and dated November 7, 2018, which shall be added to and administered as part of the Kingston Range Wilderness.

(3)

Palo verde mountains wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 9,350 acres, depicted as Proposed Palo Verde Mountains Wilderness Additions on the map entitled Proposed Vinagre Wash Special Management Area and Proposed Wilderness and dated December 4, 2018, which shall be added to and administered as part of the Palo Verde Mountains Wilderness.

(4)

Indian pass mountains wilderness

Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 10,860 acres, depicted as Proposed Indian Pass Wilderness Additions on the map entitled Proposed Vinagre Wash Special Management Area and Proposed Wilderness and dated December 4, 2018, which shall be added to and administered as part of the Indian Pass Mountains Wilderness.

(c)

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

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.) the following land in Death Valley National Park is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be added to, and administered as part of the Death Valley National Park Wilderness established by section 601(a)(1) of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 Stat. 4496):

(1)

Death valley national park wilderness additions-north eureka valley

Approximately 11,496 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-North Eureka Valley, numbered 143/100,082D, and dated November 1, 2018.

(2)

Death valley national park wilderness additions-ibex

Approximately 23,650 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Ibex, numbered 143/100,081D, and dated November 1, 2018.

(3)

Death valley national park wilderness additions-panamint valley

Approximately 4,807 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Panamint Valley, numbered 143/100,083D, and dated November 1, 2018.

(4)

Death valley national park wilderness additions-warm springs

Approximately 10,485 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Warm Spring Canyon/Galena Canyon, numbered 143/100,084D, and dated November 1, 2018.

(5)

Death valley national park wilderness additions-axe head

Approximately 8,638 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Axe Head, numbered 143/100,085D, and dated November 1, 2018.

(6)

Death valley national park wilderness additions-bowling alley

Approximately 28,923 acres, as generally depicted on the map entitled Death Valley National Park Proposed Wilderness Area-Bowling Alley, numbered 143/128,606A, and dated November 1, 2018.

(d)

Additions to existing wilderness area administered by the forest service

(1)

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the land described in paragraph (2)—

(A)

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

(B)

shall be added to and administered as part of the San Gorgonio Wilderness established by the Wilderness Act (16 U.S.C. 1131 et seq.).

(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 Wilderness Additions—Proposed and dated November 7, 2018.

(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 Act, 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 Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies in the wilderness area designated by paragraph (1); and

(ii)

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

(e)

Effect on utility facilities and rights-of-Way

Nothing in this section or an amendment made by this section affects 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 acquired by or issued, granted, or permitted to the Southern California Edison Company or successors or assigns of the Southern California Edison Company.

(f)

Release of wilderness study areas

(1)

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 paragraph (2) that is not designated as a wilderness area, or a wilderness addition by this Act (including an amendment made by this Act) or any other Act enacted before the date of enactment of this Act has been adequately studied for wilderness designation.

(2)

Description of study areas

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

(A)

the Cady Mountains Wilderness Study Area;

(B)

the Soda Mountains Wilderness Study Area;

(C)

the Kingston Range Wilderness Study Area;

(D)

the Avawatz Mountain Wilderness Study Area;

(E)

the Death Valley 17 Wilderness Study Area; and

(F)

the Great Falls Basin Wilderness Study Area.

(3)

Release

Any portion of a wilderness study area described in paragraph (2)—

(A)

that is not designated as a wilderness area or a wilderness addition by this Act (including an amendment made by this Act) or any other Act enacted before the date of enactment of this Act is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or

(B)

that is not transferred to the administrative jurisdiction of the National Park Service for inclusion in a unit of the National Park System by this Act (including an amendment made by this Act) or any other Act enacted before the date of enactment of this Act.

II

Designation of special management area

201.

Vinagre Wash Special Management Area

Title I of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 Stat. 4472) is amended by adding at the end the following:

109.

Vinagre Wash Special Management Area

(a)

Definitions

In this section:

(1)

Management area

The term Management Area means the Vinagre Wash Special Management Area established by subsection (b).

(2)

Map

The term map means the map entitled Proposed Vinagre Wash Special Management Area and Proposed Wilderness and dated December 4, 2018.

(3)

Public land

The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(4)

State

The term State means the State of California.

(b)

Establishment

There is established the Vinagre Wash Special Management Area in the State, to be managed by the Secretary.

(c)

Purpose

The purpose of the Management Area is to conserve, protect, and enhance—

(1)

the plant and wildlife values of the Management Area; and

(2)

the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area.

(d)

Boundaries

The Management Area shall consist of the public land in Imperial County, California, comprising approximately 81,880 acres, as generally depicted on the map as Proposed Special Management Area.

(e)

Map; legal description

(1)

In general

As soon as practicable, but not later than 3 years, after the date of enactment of this section, the Secretary shall submit a map and legal description of the Management Area to—

(A)

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

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Effect

The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any errors in the map and legal description.

(3)

Availability

Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(f)

Management

(1)

In general

The Secretary shall manage the Management Area—

(A)

in a manner that conserves, protects, and enhances the purposes for which the Management Area is established; and

(B)

in accordance with—

(i)

this section;

(ii)

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

(iii)

other applicable laws.

(2)

Uses

The Secretary shall allow only those uses that are consistent with the purposes of the Management Area, including hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that—

(A)

is consistent with the purpose of the Management Area described in subsection (c);

(B)

ensures public health and safety; and

(C)

is consistent with all applicable laws (including regulations), including the Desert Renewable Energy Conservation Plan.

(3)

Off-highway vehicle use

(A)

In general

Subject to subparagraphs (B) and (C) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area as generally depicted on the map.

(B)

Closure

The Secretary may close or permanently reroute a portion of a route described in subparagraph (A)—

(i)

to prevent, or allow for restoration of, resource damage;

(ii)

to protect Tribal cultural resources, including the resources identified in the Tribal cultural resources management plan developed under section 705(d);

(iii)

to address public safety concerns; or

(iv)

as otherwise required by law.

(C)

Designation of additional routes

During the 3-year period beginning on the date of enactment of this section, the Secretary—

(i)

shall accept petitions from the public regarding additional routes for off-highway vehicles; and

(ii)

may designate additional routes that the Secretary determines—

(I)

would provide significant or unique recreational opportunities; and

(II)

are consistent with the purposes of the Management Area.

(4)

Withdrawal

Subject to valid existing rights, all Federal land within the Management Area is withdrawn from—

(A)

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

(B)

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

(C)

right-of-way, leasing, or disposition under all laws relating to—

(i)

minerals and mineral materials; or

(ii)

solar, wind, and geothermal energy.

(5)

No buffer zone

The establishment of the Management Area shall not—

(A)

create a protective perimeter or buffer zone around the Management Area; or

(B)

preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area.

(6)

Notice of available routes

The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through—

(A)

the placement of appropriate signage along the designated routes;

(B)

the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and

(C)

restoration of areas that are not designated as open routes, including vertical mulching.

(7)

Stewardship

The Secretary, in consultation with Indian Tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with—

(A)

route signage;

(B)

restoration of closed routes;

(C)

protection of Management Area resources; and

(D)

recreation education.

(8)

Protection of tribal cultural resources

Not later than 2 years after the date of enactment of this section, the Secretary, in accordance with chapter 2003 of title 54, United States Code, and any other applicable law, shall—

(A)

prepare and complete a Tribal cultural resources survey of the Management Area; and

(B)

consult with the Quechan Indian Nation and other Indian tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the Tribal cultural resources survey under subparagraph (A).

(9)

Military use

The Secretary may authorize use of the non-wilderness portion of the Management Area by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, consistent with this section and other applicable laws.

.

III

National park system additions

301.

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 San Bernardino 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 143/128,605A, and dated November 1, 2018; 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 143/100,079D, and dated November 1, 2018.

(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—

(1)

shall 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)

may enter into a memorandum of understanding with Inyo County, California, to permit operationally feasible, ongoing access to and use (including material storage and excavation) of existing gravel pits along Saline Valley Road within Death Valley National Park for road maintenance and repairs in accordance with applicable laws (including regulations).

(d)

Mormon peak microwave facility

Title VI of the California Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103–433; 108 Stat. 4496) is amended by adding at the end the following:

604.

Mormon peak microwave facility

The designation of the Death Valley National Park Wilderness by section 601(a)(1) shall not preclude the operation and maintenance of the Mormon Peak Microwave Facility.

.

302.

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 170/100,199A, and dated November 1, 2018.

303.

Joshua Tree National Park

(a)

Boundary adjustment

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

(1)

the approximately 2,879 acres of land managed by the Bureau of Land Management that are depicted as BLM Proposed Boundary Addition on the map entitled Joshua Tree National Park Proposed Boundary Additions, numbered 156/149,375, and dated November 1, 2018; and

(2)

the approximately 1,639 acres of land that are depicted as MDLT Proposed Boundary Addition on the map entitled Joshua Tree National Park Proposed Boundary Additions, numbered 156/149,375, and dated November 1, 2018.

(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 section affects 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 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 section 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 Act 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.

(e)

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 the 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.

.

IV

Off-highway vehicle recreation areas

401.

Off-highway vehicle recreation areas

Public Law 103–433 is amended by inserting after title XII (16 U.S.C. 410bbb et seq.) the following:

XIII

Off-highway vehicle recreation areas

1301.

Designation of off-highway vehicle recreation areas

(a)

In general

(1)

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:

(A)

Dumont dunes off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 7,620 acres, as generally depicted on the map entitled Proposed Dumont Dunes OHV Recreation Area and dated November 7, 2018, which shall be known as the Dumont Dunes Off-Highway Vehicle Recreation Area.

(B)

El mirage off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 16,370 acres, as generally depicted on the map entitled Proposed El Mirage OHV Recreation Area and dated December 10, 2018, which shall be known as the El Mirage Off-Highway Vehicle Recreation Area.

(C)

Rasor off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 23,900 acres, as generally depicted on the map entitled Proposed Rasor OHV Recreation Area and dated November 7, 2018, which shall be known as the Rasor Off-Highway Vehicle Recreation Area.

(D)

Spangler hills off-highway vehicle recreation area

Certain Bureau of Land Management land in the Conservation Area, comprising approximately 92,340 acres, as generally depicted on the map entitled Proposed Spangler Hills OHV Recreation Area and dated December 10, 2018, which shall be known as the Spangler Hills Off-Highway Vehicle Recreation Area.

(E)

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 Proposed Stoddard Valley OHV Recreation Area and dated November 7, 2018, which shall be known as the Stoddard Valley Off-Highway Vehicle Recreation Area.

(2)

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 approximately 20,240 acres, depicted as Proposed OHV Recreation Area Additions and Proposed OHV Recreation Area Study Areas on the map entitled Proposed Johnson Valley OHV Recreation Area and dated November 7, 2018.

(b)

Purpose

The purpose of the off-highway vehicle recreation areas designated or expanded under subsection (a) 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.

(c)

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 subsection (a) 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.

(d)

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 subsection (a), as long as the recreational use is consistent with this section 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 subsection (a) 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 or expanded by subsection (a) in accordance with—

(A)

applicable Bureau of Land Management guidelines; and

(B)

State law.

(3)

Prohibited uses

(A)

In general

Except as provided in subparagraph (B), 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 subsection (a) if the Secretary determines that the development is incompatible with the purpose described in subsection (b).

(B)

Exception

The Secretary may issue a temporary permit to a commercial vendor to provide accessories and other support for off-highway vehicle use in an off-highway vehicle recreation area designated or expanded by subsection (a) for a limited period and consistent with the purposes of the off-highway vehicle recreation area and applicable laws.

(e)

Administration

(1)

In general

The Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsection (a) 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 shall—

(i)

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

(ii)

develop new management plans for each off-highway vehicle recreation area designated or expanded 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 (b); and

(ii)

any applicable laws (including regulations).

(C)

Interim plans

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

(f)

Withdrawal

Subject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection (a) is 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, or disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials.

(g)

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

(1)

Effect of title

Nothing in this title—

(A)

affects 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 acquired by or issued, granted, or permitted to Southern California Edison Company (including any 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;

(iii)

the Stoddard Valley Off-Highway Vehicle Recreation Area; or

(iv)

the Johnson 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;

(II)

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

(III)

Bessemer and Peacor distribution circuits or rights-of-way; or

(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;

(iii)

the Stoddard Valley Off-Highway Vehicle Recreation Area; or

(iv)

the Johnson Valley Off-Highway Vehicle Recreation Area.

(h)

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

(1)

Effect of title

Nothing in this title—

(A)

affects 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 acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any 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; or

(II)

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

(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.

XIV

Alabama Hills National Scenic Area

1401.

Definitions

In this title:

(1)

Management plan

The term management plan means the management plan for the Scenic Area developed under section 1403(a).

(2)

Map

The term Map means the map entitled Proposed Alabama Hills National Scenic Area and dated November 7, 2018.

(3)

Motorized vehicle

The term motorized vehicle means a motorized or mechanized vehicle and includes, when used by a utility, mechanized equipment, a helicopter, and any other aerial device necessary to maintain electrical or communications infrastructure.

(4)

Scenic area

The term Scenic Area means the Alabama Hills National Scenic Area established by section 1402(a).

(5)

State

The term State means the State of California.

(6)

Tribe

The term Tribe means the Lone Pine Paiute-Shoshone Tribe.

1402.

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, to be comprised of the approximately 18,610 acres generally depicted on the Map as National Scenic Area.

(b)

Purpose

The purpose of the 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 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 descriptions

(1)

In general

As soon as practicable after the date of enactment of this title, the Secretary shall file a map and a legal description of the 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 title, 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 the Bureau of Land Management.

(d)

Administration

The Secretary shall manage the Scenic Area—

(1)

as a component of the National Landscape Conservation System;

(2)

so as not to impact the future continuing operation 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 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 title; and

(C)

any other applicable laws.

(e)

Management

(1)

In general

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

(2)

Recreational activities

Except as otherwise provided in this title 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 Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use in accordance with paragraph (3).

(3)

Motorized vehicles

Except as otherwise specified in this title, or as necessary for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Scenic Area shall be permitted only on—

(A)

roads and trails designated by the Secretary for use of motorized vehicles as part of a management plan sustaining a semi­prim­i­tive motorized experience; or

(B)

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

(f)

No buffer zones

(1)

In general

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

(2)

Activities outside scenic area

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

(g)

Access

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

(h)

Filming

Nothing in this title prohibits filming (including commercial film production, student filming, and still photography) within the 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 title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.

(j)

Livestock

The grazing of livestock in the Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this title, 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)

Withdrawal

Subject to the provisions of this title and valid rights in existence on the date of enactment of this title, including rights established by prior withdrawals, the Federal land within the 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.

(l)

Wildland fire operations

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

(m)

Cooperative agreements

The Secretary may 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 Scenic Area.

(n)

Utility facilities and rights-of-Way

(1)

Effect of title

Nothing in this title—

(A)

affects the existence, use, operation, maintenance (including vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of any utility facility or appurtenant right-of-way within or adjacent to the Scenic Area;

(B)

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

(C)

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

(i)

in accordance 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)

that 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 Scenic Area.

(2)

Management plan

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

1403.

Management plan

(a)

In general

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

(b)

Consultation

In developing the management plan, the Secretary shall consult with—

(1)

appropriate State, Tribal, and local governmental entities, including Inyo County and the Tribe;

(2)

utilities, including Southern California Edison Company and the Los Angeles Department of Water and Power;

(3)

the Alabama Hills Stewardship Group; and

(4)

members of the public.

(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 Scenic Area.

(d)

Incorporation

In developing the management plan, in accordance with this section, the Secretary may allow 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 Scenic Area in accordance with section 1402(b).

1404.

Land taken into trust for Lone Pine Paiute-Shoshone Reservation

(a)

Trust land

(1)

In general

On completion of the survey described in subsection (b), 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 for the benefit of the Tribe, subject to paragraphs (2) and (3).

(2)

Conditions

The land described in paragraph (1) shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record in existence on the date of enactment of this title.

(3)

Exclusion

The Federal land 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 (34 Stat. 801, chapter 3926), shall not be taken into trust for the Tribe.

(b)

Survey

Not later than 180 days after the date of enactment of this title, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under subsection (a)(1).

(c)

Reservation land

The land held in trust pursuant to subsection (a)(1) shall be considered to be a part of the reservation of the Tribe.

(d)

Gaming prohibition

Land held in trust under subsection (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).

1405.

Transfer of administrative jurisdiction

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

1406.

Protection of services and rec­re­a­tion­al opportunities

(a)

Effect of title

Nothing in this title limits commercial services for existing or historic recreation uses, as authorized by the permit process of the Bureau of Land Management.

(b)

Guided recreational opportunities

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

.

V

Miscellaneous

501.

Transfer of land to Anza-Borrego Desert State Park

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) is amended by adding at the end the following:

712.

Transfer of land to Anza-Borrego Desert State Park

(a)

In general

On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.

(b)

Description of land

The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled Proposed Table Mountain Wilderness Study Area Transfer to the State and dated November 7, 2018.

(c)

Management

(1)

In general

The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).

(2)

Withdrawal

Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—

(A)

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

(B)

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

(C)

disposition under all laws relating to mineral and geothermal leasing.

(3)

Reversion

If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.

.

502.

Wildlife corridors

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by section 501) is amended by adding at the end the following:

713.

Wildlife corridors

(a)

In general

The Secretary shall—

(1)

assess the impacts of habitat fragmentation on wildlife in the California Desert 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 section, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the California Desert Conservation Area.

(2)

Components

The study under paragraph (1) shall—

(A)

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

(B)

examine the impacts and potential impacts of habitat fragmentation on—

(i)

plants, insects, and animals;

(ii)

soil;

(iii)

air quality;

(iv)

water quality and quantity; and

(v)

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 California Desert 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 California Desert 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 California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).

.

503.

Prohibited uses of acquired, donated, and conservation land

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by section 502) is amended by adding at the end the following:

714.

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 the land and water conservation fund established under section 200302 of title 54, United States Code.

(2)

Conservation Area

The term Conservation Area means the California Desert Conservation Area.

(3)

Conservation land

The term conservation land means any land within the Conservation Area that is designated 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)).

(4)

Donated land

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

(5)

Donor

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

(6)

Secretary

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

(7)

State

The term State means the State of California.

(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.), 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 section.

(e)

Deed restrictions

Effective beginning on the date of enactment of this section, 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.

.

504.

Tribal uses and interests

Section 705 of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–75) is amended—

(1)

by redesignating subsection (b) as subsection (c);

(2)

by striking subsection (a) and inserting the following:

(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.

; and

(3)

by adding at the end the following:

(d)

Tribal cultural resources management plan

(1)

In general

Not later than 2 years after the date of enactment of the California Desert Protection and Recreation Act of 2019, the Secretary shall develop and implement a Tribal 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 Tribal 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;

(B)

the Advisory Council on Historic Preservation; and

(C)

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

(3)

Resource protection

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

(A)

be based on a completed Tribal 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.).

(e)

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.

.

505.

Release of Federal reversionary land interests

(a)

Definitions

In this section:

(1)

1932 act

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

(2)

District

The term 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.

506.

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

; and

(2)

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

507.

Designation of wild and scenic rivers

(a)

Amargosa River, California

Section 3(a)(196)(A) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as follows:

(A)

The approximately 7.5-mile segment of the Amargosa River in the State of California, the private property boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet upstream of the Tecopa Hot Springs Road crossing, to be administered by the Secretary of the Interior as a scenic river.

.

(b)

Additional segments

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:

(214)

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., 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.

(215)

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.

(216)

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.

.

508.

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 and XIV.

(b)

Definitions

The California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4471) is amended by inserting after section 2 the following:

3.

Definitions

(a)

Titles I through IX

In titles I through IX, the term this Act means only—

(1)

sections 1 and 2; and

(2)

titles I through IX.

(b)

Titles XIII and XIV

In titles XIII and XIV:

(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.

.

509.

Juniper Flats

The California Desert Protection Act of 1994 is amended by striking section 711 (16 U.S.C. 410aaa–81) and inserting the following:

711.

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 27,990 acres of Federal land generally depicted as BLM Land Unavailable for Energy Development on the map entitled Juniper Flats and dated November 7, 2018.

.

510.

Conforming amendments to California Military Lands Withdrawal and Overflights Act of 1994

(a)

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, off-highway vehicle recreation areas, scenic areas, before and wilderness areas.

(b)

Overflights; special airspace

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

(1)

in subsection (a), by inserting , scenic areas, off-highway vehicle recreation areas, or special management areas before designated by this Act;

(2)

in subsection (b), by inserting , scenic areas, off-highway vehicle recreation areas, or special management areas before designated by this Act; and

(3)

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.

.

511.

Desert tortoise conservation center

(a)

In general

The Secretary shall establish, operate, and maintain a trans-State desert tortoise conservation center (referred to in this section as the Center) on public land along the California-Nevada border—

(1)

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

(2)

to provide temporary quarters for animals collected from authorized salvage from renewable energy sites; and

(3)

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

(b)

Center

In carrying out this section, the Secretary shall—

(1)

seek the participation of or contract with qualified 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;

(2)

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

(3)

consult with the State and the State of Nevada to ensure that the Center is operated consistent with State law.

(c)

Non-Federal Contributions

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