HomeMy WebLinkAbout2019-04-09 - AGENDA REPORTS - FED LEGISLATION: S. 774 & H.R. 1708 (2)Agenda Item: 5
DATE: April 9, 2019
SUBJECT: FEDERAL LEGISLATION: S. 774 & H.R. 1708
DEPARTMENT: City Manager's Office
PRESENTER: Michael Murphy
RECOMMENDED ACTION
City Council:
1. Adopt the Legislative Committee's recommendation to support S. 774 (Feinstein) and H.R.
1708 (Schiff).
2. Transmit position statements to Senator Dianne Feinstein, Representative Adam Schiff,
Senator Kamala Harris, Representative Katie Hill, members of applicable congressional
committees, other Members of Congress, administration officials and interested
organizations, as appropriate.
BACKGROUND
United States Senator Dianne Feinstein (D -CA) has introduced S. 774, the Rim of the Valley
Corridor Preservation Act. United States Representative Adam Schiff (D -CA -28) has introduced
House Resolution 1708, a companion bill to S. 774. The bills propose to expand the Santa
Monica Mountains National Recreation Area (SMMNRA) to include portions of the Rim of the
Valley Corridor.
In 2008, Congress passed the Consolidated Natural Resources Act of 2008 (Pub. L. 110-229).
This bill directed the National Park Service to conduct a special resource study of the Rim of the
Valley Corridor, which includes the mountains encircling the Santa Clarita, San Fernando, La
Crescenta, Simi, and Conejo Valleys. The study sought to determine the suitability and
feasibility of designating all or a portion of the Rim of the Valley Corridor as a unit of the
existing SMMNRA, and how these areas could be better managed and preserved. The National
Park Service began the study in 2010 and transmitted its final report to Congress and the public
in February 2016. In this study, the National Park Service recommended to Congress to more
than double the size of SMMNRA to include a very significant portion of the Rim of the Valley
Page 1
study area.
The current size of SMMNRA is approximately 154,000 acres. The Rim of the Valley Corridor
Preservation Act proposes to add more than 191,000 acres of the Rim of the Valley Corridor to
SMMNRA. The bills will enable the National Park Service to better protect natural resources
and habitats, and provide members of the community with improved access to nature for
recreational and educational purposes.
Specifically, the bills will provide the National Park Service the authority to do the following:
• Implement capital improvements (i.e. trails, roads, facilities for public enjoyment)
• Monitor and study wildlife and ecosystems
• Participate in cooperative conservation and recreation planning with local communities
• Provide technical assistance for resource protection and recreation planning
• Contribute financially to projects that protect important natural resources
• Acquire land through donation, exchange, or purchase from willing sellers
The current version of these bills preserves private property rights and existing local land use
authorities. The bills do not require a land owner to participate in any conservation or recreation
activities, and does not propose any additional restrictions on property owners. Additionally, the
bills do not allow for land acquisition through eminent domain.
S. 774 was introduced in the Senate on March 13, 2019, and referred to the Senate Committee on
Energy and Natural Resources.
H.R. 1708 was introduced in the House of Representatives, also, on March 13, 2019, and
referred to the House Committee on Natural Resources.
The City Council Legislative Committee met on March 26, 2019, and recommends that the City
Council adopt a "support" position for S. 774 and H.R. 1708.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on S. 774 and H.R. 1708
2. Adopt an "oppose" position on S. 774 and H.R. 1708
3. Take no action on S. 774 and H.R. 1708
4. Refer S. 774 and H.R. 1708 back to the Legislative Committee
5. Other action, as determined by the City Council
Page 2
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2018-19 budget.
ATTACHMENTS
House Resolution 1708 Bill Text
S.774 Bill Text
Page 3
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116TIl CONGRESS
1sT Sl:sslo
H. R.
....................................................................
(Orif„ ilial Sif„netnre of llernber)
To acljllst the houndarA- of the Santa Monica Jlountaills National Recreation
Al -ea to inchlde the Will of the Valle- Corridor, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
All'. SCHIFF introdiieed the followilig hill; which was referred to the Conlnlittee
011
A BILL
To adjust the boundal-N- of the Santa ,Monica ,Mountains
National Recreation Area to include the Rim of the
Valle-,- Corridor, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 owes of the United States of America in Congress assetubled,
3 SECTION 1. SHORT TITLE.
4 This met luau be cited as the "Rill, of the Valley Cor -
5 ridor Preservation Act".
6 SEC. 2. FINDINGS.
7 Congress finds as follows:
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1 (1) The Santa Monica Mountains National
2 Recreation Area Avas authorized as a unit of the Na -
3 tional Park S-vStern on November 10, 1978.
4 (2) The Santa Monica Mountains and the Rim
5 of the Valley Corridor inehade-
6 (A) nationall-Nr significant resources -
7 (i) outstanding examples of geologic
8 histoj-v inehading the evohation of the
9 Transverse Ranges Province;
10 (ii) a diverSit,-NTof Avell-preserved ma-
ll rine and terrestrial paleontological re -
12 sources; and
13 (iii) high biodiversit-,r, inehading out -
14 standing examples of native grasslands,
15 coastal sage scrub, chaparral, dI-v corlif-
16 erous forests, and alluvial fan sage scrub;
17 and
18 (B) nationalhT significant cultural re -
19 sources that represent a Avide range of themes
20 related to human use and settlement in the re -
21 gion-
22 (i) high concentrations of areheo-
23 logical resources that provide insight into
24 More than 10,000 gears of Native Amer -
25 icon histol -r; and
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3
1 (ii) landmarks that represent topics
2 such as architecture, recreation, and space
3 exploration,
4 (3) Expanding the Santa Monica Mountains
5 National Recreation Area Avould proA ide new oppor-
6 tunities for the National Park Sen ice to serve a
7 broad range of urban communities, including mall -Nr
8 that are underrepresented in national parks and un -
9 derseiTed b -,r State and local parks.
10 SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD -
11 MINISTRATION.
12 (a) BOU v LY AvJUsT.All T.—Section 507(c)(1) of
13 the National Parks and Recreation Act of 1978 (16
14 U.S.C. 460kk(e)(1)) is amended b -,r striking "'Santa
15 Monica Mountains National Recreation Area and Santa
16 Monica Mountains Gone, California, BoundarNT flap',
17 marnbered 80,047–C and dated August 2001" and insert -
18 i11g " `Rill, of the Valle -\r Urlit Santa Monica Mountains
19 National Recreation Area' and dated October 2017".
20 (b) R1A1 OF THE VALLEY UNIT.—Section 507 of the
21 National Parks and Recreation Act of 1978 (16 U.S.C.
22 460kk) is amended b -,r adding at the end the folloAi ing:
23 "(u) R1A1 OF THE VALLEY UNIT.—(1) Not later than
24 3 gears after the date of the enactment of this subsection,
25 the Secretal-Nr shall update the general management plan
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1 for the recreation area to reflect the boundaries designated
2 on the map referred to in subsection (e)(1) as the `Rim
3 of the Valle -Nr Unit' (hereafter in the subsection referred
4 to as the `Rill, of the Valle -Nr Unit'). Subject to valid exist -
5 ing rights, the Secretal-v shall administer the Rim of the
6 Valle -,r Unit and all -Nr land or interest in land acquired b -r
7 the United States and located Avithin the boundaries of
8 the Rill, of the Valle -,r Unit, as part of the recreation area
9 in accordance Avith the provisions of this section and appli-
10 cable laws and regulations.
11 "(2) The Secretal-v Ina�r acquire non -Federal land
12 Avithin the boundaries of the Rill, of the Valley Unit 0111v
13 through exchange, donation, or purchase from a Avilling
14 seller. Nothing in this subsection authorizes the use of
15 eminent domain to acquire land or interests in land.
16 "(3) Nothing in this subsection or the application of
17 the management plan for the Rill, of the Valle -v Unit shall
18 be eonstruted to -
19 "(A) Inodif�v all -Nr provisioll of Federal, State, or
20 local law Avith respect to public access to or use of
21 non -Federal land;
22 "(B) create all -v liabilit-v or affect all -Nr liabilit-Nr
23 under all -Nr other lav, of annr private propert-Nr owner
24 or other owner of non -Federal land Avith respect to
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1 ails person injured oil private propert-Nr or other non -
2 Federal land;
3 "(C) affect the ownership, management, or
4 other rights relating to ainT non -Federal land (in -
5 eluding ainT interest in ail -Nr non -Federal land);
6 "(ll) require ainT local government to partici-
7 pate in an -Nr program administered b -,r the Secretai
8 "(F)
alter, inodif�r, or diminish an -Nr right, re -
9 sponsibilit-Nr, pourer, authorit-,r, jurisdiction, or entitle -
10 meat of the State, an -Nr political subdivision of the
11 State, or ail -Nr State or local agenc-,r under existing
12 Federal, State, and local law (including regulations);
13 "(F) require the creation of protective perim-
14 eters or buffer zones and the fact that certain activi-
15 ties or land can be seen or heard from Avithin the
16
Rill, of the
Valle -,r Unit shall
not, of itself, preclude
17
the activities
or land uses up
to the boundai-Nr of the
18 Rill, of the Valle -Nr Unit;
19 "(G) require or promote use of, or encourage
20 trespass oil, lands, facilities, and rights-of-Ava-\r
21 owned b -\r non -Federal entities, including Avater re -
22 source facilities and public utilities, Avithout the Avrit-
23 tell consent of the owner;
24 "(R) affect the operation, maintenance, modi-
25 fication, construction, or expansion of ail -Nr Avater re-
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6
1 source facility or utility facility located within or ad -
2 jacent to the Rim of the Valle -,r Urlit;
3 "(I) terminate the fee title to lands or cias-
4 tomanT operation, maintenance, repair, and replace-
s meat activities oil or under such lands granted to
6 public agencies that are authorized pursuant to Fed -
7 eral or State statute;
8 "(J) interfere ivith, obstruct, hinder, or dela-,r
9 the exercise of aii-Nr right to, or access to ail -Nr water
10 resource facilit-Nr or other faeilit-,r or propert r iiee-
11 essay -v or usefill to access ail -Nr water right to operate
12 ainT public water or irtilit-v s-,rsteiil; or
13 "(K) require initiation or reinitiation of con -
14 saltation with the United States Fish and Wildlife
15 Service ander, or the application of provisions of, the
16 Endangered Species Act of 1973 (16 U.S.C. 1531 et
17 seq.). the National Environmental Polis -,r Act of
18 1969 (42 U.S.C. 4321 et seq.), or division A of sub -
19 title III of title 541 United States Code, concerning
20 ail -Nr action or activit-Nr affecting water, water rights
21 or water management or water resource facilities
22 Ivithiii the Ririe of the Valley Unit.
23 "(4) The activities of a irtilit-Nr facilit-Nr or water re -
24 source facility shall be conducted in a manner to reason -
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1 abl-Nr avoid or reduce the impact oil the resources of the
2 Rill, of the Valley Unit.
3 "(5) For the purposes of paragraphs (4) and (5)-
4 "(A) the tel -Ill `Iltilit-Nr
facilit-Nr'
cleans electric
5 substations, communication
facilities,
towers, poles,
6 and lines, ground Awes, communications circuits,
7 and other structures, and related infrastructure; and
8 "(B) the term `Avater resource facilit-Nr' means
9
irrigation and
pumping facilities; dams
and res -
10
eiToirs; flood
control facilities; Avater conservation
11 Avorks, including debris protection facilities, sediment
12 placement sites, ram gages, and stream gauges;
13 Avater giaalit-NT , recycled water, and pumping facilities;
14 coiive-ranee distribution s-\rstems; Avater treatment fa -
15 cilities; aqueducts; canals; ditches; pipelines; Avells;
16 hydropower projects; transmission facilities; and
17 other ancillai-v facilities, gi oundAvater recharge facili-
18 ties, Avater conservation, Avater filtration plants, and
19 other Avater diversion, conservation, groundwater re -
20 charge, storage, and carriage structures.".
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FLO19243 S.L.C.
116TH CONGRESS
IST SESSION so
To adjust the boundary of the Santa Monica Mountains National Recreation
.Area to include the Rim of the Valley Corridor, and for other purposes.
IN THE SENATE OF THE UNITED STATES
Mrs. FEIN' introduced the followring bill; which was read twrice and
referred to the Committee on
A BILL
To adjust the boundary of the Santa Monica Mountains
National Recreation Area to include the Rim of the
Valley Corridor, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the "Rim of the Valley Cor -
5 ridor Preservation Act".
6 SEC. 2. FINDINGS.
7 Congress finds that -
8 (1) the Santa Monica Mountains National
9 Recreation Area was authorized as a unit of the Na -
10 tional Park System on November 10, 1976;
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FLO19243 S.L.C.
X
1 (2) the Santa Monica Mountains and the Rim
2 of the Valley Corridor include -
3 (A) nationally significant resources, includ-
4 ing-
5 (i) outstanding examples of geologic
6 history, including the evolution of the
7 Transverse Ranges Province;
8 (ii) a diversity of well-preserved ma -
9 rine and terrestrial paleontological re -
10 sources; and
11 (iii) high biodiversity, including out -
12 standing examples of native grasslands,
13 coastal sage scrub, chaparral, dry conif-
14 erous forests, and alluvian fan sage scrub;
15 and
16 (B) nationally significant cultural re -
17 sources that represent a wide range of themes
18 relating to human use and settlement in the re -
19 gion, including -
20 (i) high concentrations of archeo-
21 logical resources that provide insight into
22 more than 10,000 years of Tribal history;
23 and
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FLO19243
3
S.L.C.
1 (ii) landmarks that represent topics
2 such as architecture, recreation, and space
3 exploration; and
4 (3) expanding the Santa Monica Mountains Na-
y tional Recreation Area would provide new opportuni-
6 ties for the National Park Service to serve a broad
7 range of urban communities, including many com-
8 munities that are -
9 (A) underrepresented in units of the Na -
10 tional Park System; and
11 (B) underserved by State and local parks.
12 SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD -
13 MINISTRATION.
14 (a) BOUNDARY ADJUSTMENT.—Section 507(c)(1) of
15 the National Parks and Recreation Act of 1978 (16
16 U.S.C. 460kk(e)(1)) is amended, in the first sentence, by
17 striking "'Santa Monica Mountains National Recreation
18 Area and Santa Monica Mountains Zone, California,
19 Boundary Map', numbered 80,047–C and dated August
20 2001" and inserting "'Rim of the Valley Unit—Santa
21 Monica Mountains National Recreation Area' and dated
22 October 2017"
23 (b) RIM OF THE VALLEY UNIT.—Section 507 of the
24 National Parks and Recreation Act of 1978 (16 U.S.C.
25 460kk) is amended by adding at the end the following:
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FLO19243 S.L.C.
GI
1 "(u) RIM OF THE VALLEY UNIT.
2
"(1) DEFINITIONS.—In this subsection:
3
"(A) STATE.—The term `State' means the
4
State of California.
5
"(B) UNIT.—The term `Unit' means the
6
Rim of the Valley Unit included within the
7
boundaries of the recreation area, as depicted
8
on the map described in subsection (c)(1).
9
"(C) UTILITY FACILITY.—The term `utility
10
facility' means -
11
"(i) electric substations, communiea-
12
tion facilities, towers, poles, and lines;
13
"(ii) ground wires;
14
"(iii) communications circuits;
15
"(iv) other utility structures; and
16
"(v) related infrastructure.
17,
"(D) WATER RESOURCE FACILITY.—The
18
term `water resource facility' means -
19
"(i) irrigation and pumping facilities;
20
"(ii) dams and reservoirs;
21
"(iii) flood control facilities;
22
"(iv) water conservation works, in -
23
eluding debris protection facilities, sedi-
24
ment placement sites, rain gauges, and
25
stream gauges;
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FLO19243 S.L.C.
5
1 "(v) water quality, recycled water, and
2 pumping facilities;
3 "(vi) conveyance distribution systems;
4 "(vii) water treatment facilities;
5 "(viii) aqueducts;
6 "(ix) canals;
7 "(x) ditches;
8 "(xi) pipelines;
9 "(xii) wells;
10 "(xiii) hydropower projects;
11 "(xiv) transmission facilities; and
12 "(xv) other ancillary facilities, ground -
13 water recharge facilities, water conserva-
14 tion, water filtration plants, and other
15 water diversion, conservation, groundwater
16 recharge, storage, and carriage structures.
17 "(2) BOUNDARIES.—Not later than 3 years
18 after the date of enactment of this subsection, the
19 Secretary shall update the general management plan
20 for the recreation area developed under subsection
21 (t) to reflect the boundaries designated on the map
22 referred to in subsection (c) (1) to include the area
23 known as the `Rim of the Valley Unit'.
24 "(3) ADMINISTRATION.—Subject to valid exist -
25 ing rights, the Secretary shall administer the Unit
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FLO19243 S.L.C.
1i
1 and any land or interest in land acquired by the
2 United States located within the boundaries of the
3 Unit -
4 "(A) as part of the recreation area; and
5 "(B) in accordance with-2::---
6
ith=6 "(i) this section; and
7 "(ii) applicable laws (including regula-
8 tions).
9 "(4) ACQUISITION OF LAND. -
10 "(A) IN GENERAL.—The Secretary may
11 acquire non -Federal land within the boundaries
12 of the Unit only through exchange, donation, or
13 purchase from a willing seller.
14 "(B) USE OF EDVIINENT DOMAIN.—Nothing
15 in this subsection authorizes the use of eminent'
16 domain to acquire land or interests in land
17 within the boundaries of the Unit.
18 "(5) OUTSIDE ACTIVITIES.—The fact that cer-
19 tain activities or land uses can be seen or heard
20 from within the Unit shall not preclude the activities
21 or land uses outside the boundary of the Unit.
22 "(6) EFFECT OF SUBSECTION.—Nothing in this
23 subsection or the application of the applicable man -
24 agement plan to the Unit -
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FL019243 S.L.C.
FI
1
"(A) modifies any provision of Federal,
2
State, or local law with respect to public access
3
to, or use of, non -Federal land;
4
"(B) creates any liability, or affects any li-
s
ability under any other law, of any private
6
property owner or other owner of non -Federal
7
land with respect to any person injured on pri-
8
vate property or other non- Federal land;
9
"(C) affects the ownership, management,
10
or other rights relating to any non -Federal land
11
(including any interest in any non -Federal
12
land);
13
"(D) requires any unit of local government
14
to participate in any program administered by
15
the Secretary;
16
"(E) alters, modifies, or diminishes any
17
right, responsibility, power, authority, jurisdic-
18
tion, or entitlement of the State, any political
19
subdivision of the State, or any State or local
20
agency under existing Federal, State, or local
21
law (including regulations),-
egulations);22
22
"(F) requires the creation of protective pe -
23
rimeters or buffer zones around the Unit;
24
"(G) requires or promotes the use of, or
25
encourages trespass on, land, facilities, or
Q
FL019243 S.L.C.
n
1
rights-of-way owned by non -Federal entities, in -
2
eluding water resource facilities and public utili-
3
ties, without the written consent of the owner
4
of the land;
5
"(H) affects the operation, maintenance,
6
modification, construction, or expansion of any
7
water resource facility or utility facility located
8
within or adjacent to the Unit;
9
"(I) terminates the fee title to land, or the
10
customary operation, maintenance, repair, and
11
replacement activities on or under the land,
12
granted to public agencies that are authorized
13
under Federal or State law;
14
"(J) interferes with, obstructs, hinders, or
15
delays the exercise of any right to, or access to
16
any water resource facility or other facility or
17
property necessary or useful to access any
18
water right to operate any public water or util-
19
ity system; or
20
"(K) requires initiation or reinitiation of
21
consultation with the Director of the United
22
States Fish and Wildlife Service under, or the
23
application of provisions of, the Endangered
24
Species Act of 1973 (16 U.S.C. 1531 et seq.),
25
the National Environmental Policy Act of 1969
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FLO19243 S.L.C.
X
1 (42 U.S.C. 4321 et seq.), or division A of sub -
2 title III of title 54, United States Code, relating
3 to any action or activity affecting water, water
4 rights, water management, or water resource
5 facilities within the Unit.
6 "(7) UTILITY FACILITIES; WATER RESOURCE
7 FACILITIES.—A utility facility or water resource fa -
8 cility shall conduct activities in a manner that rea-
9 sonably avoids or reduces the impact of the activities
10 on the resources of the Unit.".