HomeMy WebLinkAbout2023-07-11 - AGENDA REPORTS - LEGISLATION BILLSO
Agenda Item: 6
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: TAA,/�
DATE: July 11, 2023
SUBJECT: LEGISLATION: AB 474, AB 701, AB 1308, ACR 92, SB 450, H.R.
2887, H.R. 3681, S. 1466, and S. 1776
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council:
1. Support AB 474 (Rodriguez), AB 701 (Villapudua), ACR 92 (Schiavo), H.R. 2887 (Garcia),
H.R. 3681 (Chu), S. 1466 (Feinstein), and S. 1776 (Padilla).
2. Oppose AB 1308 (Quirk -Silva) and SB 450 (Atkins).
3. Transmit position statements to the authors of the bills, Santa Clarita's state and federal
legislative delegation, appropriate legislative committees, Governor Newsom, President
Biden, the League of California Cities, and other stakeholder organizations.
BACKGROUND
The following legislative items were presented to the City Council Legislative Committee on
June 27, 2023. Included as part of this report is a brief summary of each piece of legislation and
its current status in the legislative process.
Assembly Bill 474 and Assembly Bill 701
The opioid epidemic has become a nationwide issue, affecting communities across the country,
including the City of Santa Clarita (City). In 2021, more than 71,000 people died from a
synthetic opioid-related drug overdose, including fentanyl, in the United States, according to
provisional data from the Centers for Disease Control and Prevention (CDC).
Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger
than morphine, making it a major contributor to drug overdose deaths. Based on preliminary
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2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of
these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related
overdose deaths among teens, ages 15-19 years old, in California.
In 2022, the Los Angeles County Sheriff's Department reported 32 overdoses in the Santa
Clarita Valley as a result of fentanyl.
Assembly Bill 474 and Assembly Bill 701 are in response to the fentanyl epidemic and propose
policies to combat the organized trafficking of opioids.
Authored by Assembly Member Freddie Rodriguez (D-52-Pomona), Assembly Bill 474 requires
the State Threat Assessment Center and the California Office of Emergency Services to prioritize
cooperation with state and local efforts to disrupt and dismantle criminal networks trafficking
opioid drugs.
Authored by Assembly Member Carlos Villapudua (D- 13 -Stockton), Assembly Bill 701 would
add fentanyl to the list of substances subject to weight enhancements that increase the penalty
and fine for trafficking, ensuring that possession of large amounts of fentanyl is punishable to the
same extent as substances containing heroin and cocaine.
Both bills passed the Assembly (78-0-2) on May 25, 2023, and are pending a hearing in the
Senate Public Safety Committee. Assembly Member Pilar Schiavo voted in support of both bills
on the Assembly Floor.
Assembly Bill 1308
Authored by Assembly Member Sharon Quirk -Silva (D-65-Fullerton), Assembly Bill 1308
prohibits local governments from increasing the minimum parking required as a condition of
approval for a project that remodels, renovates, or adds to a single-family residence.
Under current law, local governments have the authority to adopt minimum parking standards
and impose those standards on developments built within their jurisdiction, as long as they are
consistent with state law standards. Chapter 17.42, Residential Use Types, of the City of Santa
Clarita's Municipal Code, includes the following parking standards:
a. Single family unit - two enclosed parking spaces
b. Two family units - two enclosed parking spaces per unit
c. Studio units - one enclosed parking space per unit
d. One -bedroom units - two enclosed parking spaces per unit
e. Two -bedroom units - two enclosed parking spaces per unit
f. Guest parking - one parking space per each two units
g. Mobile home park - two spaces per unit, plus one guest per two units
In addition to the City of Santa Clarita's (City) minimum parking standards on new
developments, the City reserves the authority to require additional parking as a condition of
approval on renovations, remodels, or additions to an existing single-family residence. A case in
which the City were to require additional parking as a condition of approval for a renovation,
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remodel, or addition to an existing single-family residence is if the proposed project converts the
garage into a bedroom or other use. This bill would preempt the City from imposing the
aforementioned action.
The City imposes minimum on -site parking requirements to ensure that residents and customers
have adequate and reasonable access to homes and businesses. Additionally, the standards serve
as a safeguard to prevent congestion of on -street vehicle parking that may cause unsafe
conditions for surrounding residents and businesses and access challenges for emergency
personnel, especially in the event of an emergency evacuation.
Assembly Bill 1308 passed the Assembly (71-3-6) on May 25, 2023, and passed the Senate
Governance and Finance Committee (6-2) on June 21, 2023. Assembly Member Pilar Schiavo
voted in support of the bill on the Assembly Floor. Assembly Bill 1308 is pending a committee
hearing in the Senate Appropriations Committee.
Assembly Concurrent Resolution 92
Authored by Assembly Member Pilar Schiavo (D-40-Santa Clarita), Assembly Concurrent
Resolution 92 dedicates a portion of Interstate 5, between the Pico -Lyons Overcrossing and the
McBean Parkway Overcrossing, as the Los Angeles County Sheriff's Deputy Hagop "Jake"
Kuredjian Memorial Highway.
Deputy Hagop "Jake" Kuredjian was a 17-year veteran of the Los Angeles County Sheriff's
Department and served as a motorcycle deputy for the Santa Clarita Valley Sheriff's Station. On
August 31, 2001, Deputy Kuredjian was killed in the line of duty, responding to a call for service
involving a firearm, in the Santa Clarita Valley.
On the day of his funeral, which was attended by an estimated 4,000 mourners, including
Governor Gray Davis, Deputy Kuredjian was remembered as a hero who had an unwavering and
selfless dedication to protecting the public. In 1989, Deputy Kuredjian was presented with the
Gold Meritorious Conduct Medal for rescuing a woman from a cliff in Malibu, California.
Additionally, this bill would request the California Department of Transportation to determine
the cost of appropriate signs showing this special designation and, upon receiving donations from
non -state sources sufficient to cover the cost, erect those signs.
A memorial garden and plaque honoring Deputy Kuredjian is located on the corner of Stevenson
Ranch Parkway and Poe Parkway in Stevenson Ranch and an annual memorial is held at the site
by the Los Angeles County Sheriff's Department.
Assembly Concurrent Resolution 92 was introduced on June 5, 2023, and unanimously passed
and placed on the Consent Calendar by the Assembly Committee on Transportation (15-0) on
July 5, 2023.
Senate Bill 450
Authored by Senator Toni Atkins (D-39-San Diego), Senate Bill 450 preempts local land use
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authority, including prohibiting a local agency to deny a proposed housing development or lot
split if a building official determines that the proposed project or lot split would have an adverse
impact upon the physical environment.
Senate Bill 450 amends a bill that was signed into law during the 2021-22 State Legislative
Session that makes the approval of a proposed duplex or lot split on a single-family residential
lot a streamlined ministerial process. Projects under a streamlined ministerial review are not
subject to an appeals process, public hearing, and the California Environmental Quality Act
(CEQA) review. The City Council opposed the legislation, Senate Bill 9 (Atkins), citing
concerns with regard to the bill's preemption of local zoning, design standards, parking, and
overall application standards related to specific residential developments.
Specifically, Senate Bill 450:
Removes the ability for a local agency to deny a proposed duplex or lot split because the
local agency has found that it would have a specific, adverse impact on the physical
environment;
Provides that an application for a duplex or a lot split must be considered and approved or
denied by the local agency within 60 days from the date the local agency receives a
completed application. Further provides that:
o If a local agency denies an application for a duplex or lot split, the permitting
agency must provide, in writing, a full set of comments to the application, with a
list of items that are defective or deficient, and a description of how the
application can be remedied by the applicant; and
o If the local agency has not approved or denied the application within 60 days, the
application is deemed approved; and
Requires the Department of Housing and Community Development (HCD) to notify a
local government if it has taken an action in violation of Senate Bill 9 (2022), and
authorizes HCD to notify the Attorney General if the local government is in violation of
Senate Bill 9 (2022).
Senate Bill 450 passed the Senate (30-7-3) on May 24, 2023, and passed the Assembly
Committee on Housing and Community Development (7-1) on June 21, 2023. Senator Scott
Wilk voted in opposition to the bill on the Senate Floor. Senate Bill 450 is pending a committee
hearing in the Assembly Committee on Appropriations.
House Resolution 2887 and S. 1466
In 2008, Congress passed the Rim of the Valley Corridor Study Act. 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 Santa Monica
Mountains National Recreation Area (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
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and the public in February 2016. In the 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 study area. The current size of SMMNRA is approximately 154,000 acres.
House Resolution 2887 and S. 1466 are companion bills that propose to add approximately
119,000 acres of the proposed Rim of the Valley Unit to the SMMNRA, including lands within
the Upper Santa Clara River area. In broad terms, the Santa Clarita Valley lands included within
the bills are those areas located between State Route 14 and the Angeles National Forest
(southern unit) in the Newhall, Canyon Country, Soledad Canyon and Agua Dulce areas.
House Resolution 2887 is authored by Representative Mike Garcia (R-CA-27) and S. 1466 is
authored by U.S. Senator Dianne Feinstein (D-CA).
These 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.
House Resolution 2887 is pending its first hearing in the House of Representatives Committee on
Natural Resources.
S. 1466 passed the U.S. Senate Committee on Energy and Natural Resources (11-8) on May 17,
2023, and is pending inclusion in a larger legislation package to be considered by the U.S.
Senate.
House Resolution 3681 and S. 1776
House Resolution 3681, authored by Representative Judy Chu (D-CA-28), and S. 1776, authored
by U.S. Senator Alex Padilla (D-CA), are companion bills that propose to expand the San
Gabriel Mountains National Monument by adding approximately 109,000 acres of the western
Angeles National Forest, including federally owned open space areas directly east of the City.
Additionally, the bills designate 31,000 acres of national forest land as newly protected
wilderness areas and adds 46 miles of rivers to the National Wild and Scenic Rivers System.
The national monument boundary adjustment would supplement the 364,177 acres of land
contained within the Angeles National Forest and San Bernardino National Forest that was
designated by President Obama on October 10, 2014, as the San Gabriel Mountains National
Monument.
Beginning in 2004 and completed in 2013, the National Park Service conducted the "San Gabriel
Watershed and Mountains Special Resource Study" to assess the feasibility of creating a national
recreation area within the San Gabriel Mountains. The study determined that the San Gabriel
Mountains possess nationally significant ecological and cultural resources, are suitable to be
included within the national park system, and would be feasible due to the opportunities for
collaborative management with various federal, state, regional, and local stakeholders in the area.
House Resolution 3681 and S. 1776 are an implementation vehicle for key findings of the "San
Gabriel Watershed and Mountains Special Resource Study."
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Specific to the City, the "San Gabriel Watershed and Mountains Special Resource Study"
recognizes the importance of the Upper Santa Clara River area. This recognition is critical to the
City as a proposed 56-million-ton sand and gravel mine is located within the Upper Santa Clara
River area referenced in the study. The study highlights the Santa Clara River as "the last
unchannelized riparian and wildlife corridor in the region, providing primary east -west biological
connection between the mountains and the ocean. Protecting this corridor is a high priority for
local and state agencies as well as conservation groups."
While the proposed mining area and surface estate owned by the City are not within the proposed
boundaries of the expansion of the national monument, the property is directly adjacent to the
San Gabriel Mountains National Monument. Furthermore, the United States Forest Service has
expressed interest in the City owned property for a potential visitor's center site and northern
gateway entry into the national monument.
House Resolution 3681 and S. 1776 would have no effect on state and local jurisdictional
authority of the proposed area. The legislation seeks to ensure that local property rights and land
use are respected and not negatively impacted.
House Resolution 3681 and S. 1776 are pending their first hearing. S. 1776 is attached as
Reading File material due to its voluminous text.
The recommended positions in this report are consistent with the City of Santa Clarita 2023
Executive and Legislative Platform.
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2023-24 budget.
ATTACHMENTS
Assembly Bill 474 - Bill Text
Assembly Bill 701 - Bill Text
Assembly Bill 1308 - Bill Text
Assembly Concurrent Resolution 92 - Bill Text
Senate Bill 450 - Bill Text
H.R. 2887 - Bill Text
H.R. 3681 - Bill Text
S. 1466 - Bill Text
S. 1776 - Bill Text (available in the City Clerk's Reading File)
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL
No. 474
Introduced by Assembly Member Rodriguez
(Coauthor: Assembly Member Waldron)
February 7, 2023
An act to add Section 8685.11 to the Government Code, relating to
state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 474, as introduced, Rodriguez. State Threat Assessment Center:
transnational criminal organizations.
Existing law, the California Emergency Services Act, creates, within
the office of the Governor, the Office of Emergency Services, which
is responsible for addressing natural, technological, or human -caused
disasters and emergencies, including responsibility for activities
necessary to prevent, respond to, recover from, and mitigate the effects
of emergencies and disasters to people and property.
This bill would find and declare that the State Threat Assessment
Center (STAG) serves as California's information -sharing clearinghouse
of strategic threat analysis and situational awareness reporting for
statewide leadership and the public safety community, as specified, and
that the STAC is California's state primary fusion center, as designated
by the Governor, and is operated by the Department of the California
Highway Patrol, the Office of Emergency Services, and the Department
of Justice. The bill would make other findings and declarations related
to drug trafficking and transnational criminal organizations.
The bill would require the STAC and the Office of Emergency
Services to prioritize, to the greatest extent possible, cooperation with
state and local efforts to illuminate, disrupt, degrade, and dismantle
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AB 474 — 2 —
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criminal networks trafficking opioid drugs that pose a threat to
California. The bill would require the STAC to support state and local
interagency task forces to combat illegal opioid trafficking in California,
as specified, including preparing and disseminating intelligence products
for public safety entities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) The State Threat Assessment Center (STAC) serves as
4 California's information -sharing clearinghouse of strategic threat
5 analysis and situational awareness reporting for statewide
6 leadership and the public safety community in support of efforts
7 to prevent, prepare for, mitigate, and respond to all crimes and
8 hazards impacting California citizens and critical infrastructure
9 while preserving civil liberties, individual privacy, and
10 constitutional rights.
11 (b) The STAC is California's state primary fusion center, as
12 designated by the Governor, and is operated by the Department of
13 the California Highway Patrol, the Office of Emergency Services,
14 and the Department of Justice.
15 (c) Transnational criminal organizations (TCOs) continue to
16 pose a threat to California, public health, and our economic
17 security.
18 (d) According to the United States Department of the Treasury,
19 it is estimated that drug -related crime alone generated over $100
20 billion in proceeds in the United States.
21 (e) There were 7,175 deaths related to any opioid overdoses in
22 California in 2021, of which 5,961 were related to fentanyl,
23 according to the State Department of Public Health.
24 (f) Mexico -based TCO criminal activity is not limited to drug
25 trafficking, as they engage in a wide variety of other criminal
26 activity. TCOs also facilitated and profited from smuggling
27 migrants into the United States, and their illicit trade activity led
28 to the seizure of over $2.14 billion in intellectual property
29 violations in federal fiscal year 2021, according to the United States
30 Department of Homeland Security.
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1 SEC. 2. Section 8685.11 is added to the Government Code, to
2 read:
3 8685.11. (a) The State Threat Assessment Center with the
4 Office of Emergency Services shall prioritize, to the greatest extent
5 possible, cooperation with state and local efforts to illuminate,
6 disrupt, degrade, and dismantle criminal networks trafficking
7 opioid drugs that pose a threat to California.
8 (b) In carrying out this section, the State Threat Assessment
9 Center shall support state and local interagency task forces
10 established to combat illegal opioid trafficking in California.
11 Support provided by the State Threat Assessment Center shall
12 include, but not be limited to, all of the following:
13 (1) Preparing and disseminating intelligence products for public
14 safety entities.
15 (2) Analyzing tactics and trends or transnational criminal
16 organizations operating in California.
17 (3) Sharing information with government decisionmakers and
18 state and local public safety officials regarding the extent to which
19 transnational criminal organizations are trafficking opioids and
20 pose other public safety threats in California.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 701
Introduced by Assembly Members Vllapudua
and Petrie Norris
(Coauthors: Assembly Members Bains, Ortega, and Blanca Rubio)
February 13, 2023
An act to amend Sections 11370.4 and 11372 of the Health and Safety
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 701, as introduced, Villapudua. Controlled substances: fentanyl.
Existing law classifies controlled substances into 5 schedules and
places the greatest restrictions and penalties on the use of those
substances placed in Schedule I. Existing law classifies the drug fentanyl
in Schedule II. Existing law prohibits a person from possessing for sale
or purchasing for purposes of sale specified controlled substances,
including fentanyl, and provides for imprisonment in a county jail for
2, 3, or 4 years for a violation of this provision. Existing law also
imposes an additional term, and authorizes a trial court to impose a
specified fine, upon a person who is convicted of a violation of, or of
a conspiracy to violate, specified provisions of law with respect to a
substance containing heroin, cocaine base, and cocaine, if the substance
exceeds a specified weight.
This bill would impose that additional term upon, and authorize a
fine against, a defendant who violates those laws with respect to a
substance containing fentanyl. By increasing the penalty for a crime,
the bill would impose a state -mandated local program.
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AB 701 —2—
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The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11370.4 of the Health and Safety Code
2 is amended to read:
3 11370.4. (a) (1) A person convicted of a violation of,
4 or of a conspiracy to violate, Section 11351, 11351.5, or 11352
5 with respect to a substance containing heroin, fentanyl, cocaine
6 base as specified in paragraph (1) of subdivision (f) of Section
7 11054, or cocaine as specified in paragraph (6) of subdivision (b)
8 of Section 11055 shall receive an additional term as follows:
9 (1) mere
10 (A) If the substance exceeds one kilogram by weight, the person
11 shall receive an additional term of three years.
12 (mere
13 (B) If the substance exceeds four kilograms by weight, the
14 person shall receive an additional term of five years.
15 (mere
16 (C) If the substance exceeds 10 kilograms by weight, the person
17 shall receive an additional term of 10 years.
18 (4) 'A+ere
19 (D) If the substance exceeds 20 kilograms by weight, the person
20 shall receive an additional term of 15 years.
21 (5) 'A+ere
22 (E) Ifthe substance exceeds 40 kilograms by weight, the person
23 shall receive an additional term of 20 years.
24 (6) Where
25 (F) Ifthe substance exceeds 80 kilograms by weight, the person
26 shall receive an additional term of 25 years.
27 -The
28 (2) The conspiracy enhancements provided for in this
29 subdivision shall not be imposed unless the trier of fact finds that
30 the defendant conspirator was substantially involved in the
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1 planning, direction, execution, or financing of the underlying
2 offense.
3 (b) (I) A person convicted of a violation of, or of
4 conspiracy to violate, Section 11378, 11378.5, 11379, or 11379.5
5 with respect to a substance containing methamphetamine,
6 amphetamine, phencyclidine (PCP) and its analogs shall receive
7 an additional term as follows:
8 (1) Where
9 (A) If the substance exceeds one kilogram by weight, or 30 liters
10 by liquid volume, the person shall receive an additional term of
11 three years.
12 (2) Where
13 (B) If the substance exceeds four kilograms by weight, or 100
14 liters by liquid volume, the person shall receive an additional term
15 of five years.
16 (3) Where
17 (C) If the substance exceeds 10 kilograms by weight, or 200
18 liters by liquid volume, the person shall receive an additional term
19 of 10 years.
20 (4) Where
21 (D) If the substance exceeds 20 kilograms by weight, or 400
22 liters by liquid volume, the person shall receive an additional term
23 of 15 years.
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25 (2) In computing the quantities involved in this subdivision,
26 plant or vegetable material seized shall not be included.
27 ire
28 (3) The conspiracy enhancements provided for in this
29 subdivision shall not be imposed unless the trier of fact finds that
30 the defendant conspirator was substantially involved in the
31 planning, direction, execution, or financing of the underlying
32 offense.
33 (c) The additional terms provided in this section shall not be
34 imposed unless the allegation that the weight of the substance
35 containing heroin, fentanyl, cocaine base as specified in paragraph
36 (1) of subdivision (f) of Section 11054, cocaine as specified in
37 paragraph (6) of subdivision (b) of Section 11055,
38 methamphetamine, amphetamine, or phencyclidine (PCP) and its
39 analogs exceeds the amounts provided in this section is charged
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AB 701 — 4
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1 in the accusatory pleading and admitted or found to be true by the
2 trier of fact.
3 (d) The additional terms provided in this section shall be in
4 addition to any other punishment provided by law.
5 (e) Notwithstanding any otherProvision of law, the court may
6 strike the additional punishment for the enhancements provided
7 in this section if it determines that there are circumstances in
8 mitigation of the additional punishment and states on the record
9 its reasons for striking the additional punishment.
10 SEC. 2. Section 11372 of the Health and Safety Code is
11 amended to read:
12 11372. (a) In addition to the term of imprisonment provided
13 by law for persons convicted of violating Section 11350, 11351,
14 11351.5, 11352, 11353, 11355, 11359, 11360, or 11361, the trial
15 court may impose a fine not exceeding twenty thousand dollars
16 ($20,000) for each offense.itt no ent A fine shalla fine not be
17 levied in lieu of or in substitution for the term of imprisonment
18 provided by law for any of these offenses.
19 (b) Afty-A person receiving an additional term pursuant to
20 subparagraph (A) of paragraph (1) of subdivision (a) of Section
21 11370.4, may, in addition, be fined by an amount not exceeding
22 one million dollars ($1,000,000) for each offense.
23 (c) frn�—A person receiving an additional term pursuant to
24 subparagraph (B) ofparagraph{-2) (1) of subdivision (a) of Section
25 11370.4, may, in addition, be fined by an amount not to exceed
26 four million dollars ($4,000,000) for each offense.
27 (d) Atty-A person receiving an additional term pursuant to
28 subparagraph (C) of paragraph-(3-) (1) of subdivision (a) of Section
29 11370.4, may, in addition, be fined by an amount not to exceed
30 eight million dollars ($8,000,000) for each offense.
31 (e) The court shall make a finding, prior to the imposition of
32 the fines authorized by subdivisions (b) to-(e} (d), inclusive, that
33 there is a reasonable expectation that the fine, or a substantial
34 portion thereof, could be collected within a reasonable period of
35 time, taking into consideration the defendant's income, earning
36 capacity, and financial resources.
37 SEC. 3. No reimbursement is required by this act pursuant to
38 Section 6 of Article XIIIB of the California Constitution because
39 the only costs that may be incurred by a local agency or school
40 district will be incurred because this act creates a new crime or
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—5—
AB 701
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infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
REVISIONS:
Heading —Line 1.
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AMENDED IN ASSEMBLY MARCH 30, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1308
Introduced by Assembly Members Quirk -Silva and Friedman
February 16, 2023
An act to add Section 65863.3 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1308, as amended, Quirk -Silva. Planning and Zoning Law:
single-family residences: parking requirements.
The Planning and Zoning Law authorizes the legislative body of any
county or city to adopt ordinances that regulate the use of buildings,
structures, and land as between industry, business, residences, open
space, and other purposes.
This bill would prohibit a public agency, as defined, from osing
anew increasing the minimum parking requirement -on that applies to
a single-family residence as a condition of approval of a project to
remodel, renovate, or add to a single-family residence, except as
specified. By imposing additional duties on local officials, the bill would
impose a state -mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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AB 1308 —2—
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
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SECTION 1. Section 65863.3 is added to the Government
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Code, immediately following Section 65863.2, to read:
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65863.3. (a) A public agency shall not impose a n increase
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the minimum parking requirement -on that applies to a single-family
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residence as a condition of approval of a project to remodel,
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renovate, or add to a single-family residence provided that the
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project does not cause the single-family residence to exceed -a any
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maximum size limit imposed by the applicable zoning regulations,
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including, but not limited to, height, lot coverage, and floor -to -area
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ratio restrietion imposed by the publie ageney. ratio.
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(b) For purposes of this section, "public agency" means the state
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or any state agency, board or commission, any city, county, city
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and county, including charter cities, or special district, or any
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agency, board, or commission of the city, county, city and county,
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special district, joint powers authority, or other political
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subdivision.
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(c) The Legislature finds and declares that the imposition of
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mandatory parking minimums can increase the cost of housing,
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limit the number of available units, lead to an oversupply of parking
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spaces, and increased greenhouse gas emissions. Therefore, this
21
section shall be interpreted in favor of the prohibition of the
o
22
imposition of mandatory parking minimums as outlined in this
a
23
section.
24
(d) This section shall not be construed to allow a local agency
25
to impose parking restrictions that are more restrictive than the
m
26
requirements a local agency is authorized to impose under Section
Q
27
65852.2, if the single-family residence is on the same lot as an
o
28
accessory dwelling unit.
a
29
SEC. 2. The Legislature finds and declares that to lower the
a,
30
cost of housing production by reducing unnecessary parking
31
requirements is a matter of statewide concern and is not a municipal,
32
affair as that term is used in Section 5 of Article XI of the
axi
33
California Constitution. Therefore, Section 1 of this act adding
34
Section 65863.3 to the Government Code applies to all cities,
m
35
including charter cities.
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— 3 — AB 1308
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1 SEC. 3. No reimbursement is required by this act pursuant to
2 Section 6 of Article XIIIB of the California Constitution because
3 a local agency or school district has the authority to levy service
4 charges, fees, or assessments sufficient to pay for the program or
5 level of service mandated by this act, within the meaning of Section
6 17556 of the Government Code.
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CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
Assembly Concurrent Resolution No. 92
Introduced by Assembly Member Schiavo
June 5, 2023
Assembly Concurrent Resolution No. 92—Relative to Los Angeles
County Sheriff's Deputy Hagop "Jake" Kuredjian Memorial Highway.
LEGISLATIVE COUNSEL'S DIGEST
ACR 92, as introduced, Schiavo. Los Angeles County Sheriff's
Deputy Hagop "Jake" Kuredjian Memorial Highway.
This measure would designate the portion of Interstate 5 between the
Pico -Lyons Overcrossing and the McBean Parkway Overcrossing in
the City of Santa Clarita as the Los Angeles County Sheriff's Deputy
Hagop "Jake" Kuredjian Memorial Highway. The measure would also
request that the Department of Transportation determine the cost of
appropriate signs showing this special designation and, upon receiving
donations from nonstate sources sufficient to cover the cost, to erect
those signs.
Fiscal committee: yes.
1 WHEREAS, Of all the promises America offers, none is more
2 elusive or precious than the right to be free from crime and
3 violence; and
4 WHEREAS, Californians are indebted every day to our peace
5 officers, and we pay special tribute to their bravery and dedication
6 and share in their pain when one of their members is killed in the
7 line of duty; and
8 WHEREAS, The men and women of law enforcement have the
9 unenviable task of guaranteeing the public's safety and it is as
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ACR 92 — 2 —
6.d
1 difficult and dangerous as it is important, as evidenced by the
2 death, at 40 years of age, of Deputy Hagop "Jake" Kuredjian of
3 the Los Angeles County Sheriff's Department, who was tragically
4 shot and killed on August 31, 2001, in the City of Santa Clarita;
5 and
6 WHEREAS, Deputy Kuredjian faithfully served the residents
7 of the County of Los Angeles as a deputy sheriff, and
8 WHEREAS, Deputy Kuredj ian stated that the reason he became
9 a law enforcement officer was to be a peacekeeper and community
10 guardian; and
11 WHEREAS, Deputy Kuredjian worked to serve those that
12 needed his service, help those who needed help, and protect those
13 that couldn't protect themselves, and, as a deputy sheriff, he was
14 praised by his peers, supervisors, and members of the community
15 for his tireless efforts to protect people, prevent incidents, and
16 serve as a leader; and
17 WHEREAS, It is appropriate to recognize the hazardous work,
18 serious responsibility, and strong commitment that Deputy
19 Kuredjian willingly accepted during his 17 years as a law
20 enforcement officer; and
21 WHEREAS, Deputy Kuredjian is remembered as a dedicated
22 and devoted son to Anahid, and role model for his brothers Raffi
23 and Garo, and a man who committed his life, beliefs, and career
24 to the County of Los Angeles and the safety of its residents; now,
25 therefore, be it
26 Resolved by the Assembly of the State of California, the Senate
27 thereof concurring, That the Legislature hereby designates the
28 portion of Interstate 5 between the Pico -Lyons Overcrossing,
29 53-1783, at postmile R50.326, and the McBean Parkway
30 Overcrossing, 53-2057, at postmile R51.442, in the City of Santa
31 Clarita in the County of Los Angeles as the Los Angeles County
32 Sheriff's Deputy Hagop "Jake" Kuredjian Memorial Highway;
33 and be it further
34 Resolved, That the Department of Transportation is requested
35 to determine the cost of appropriate signs, consistent with the
36 signing requirements for the state highway system, showing this
37 special designation and, upon receiving donations from nonstate
38 sources sufficient to cover the cost, to erect those signs; and be it
39 further
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— 3 — ACR 92
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1 Resolved, That the Chief Clerk of the Assembly transmit copies
2 of this resolution to the Director of Transportation and to the author
3 for appropriate distribution.
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AMENDED IN SENATE MARCH 16, 2023
SENATE BILL
Introduced by Senator Atkins
February 13, 2023
No. 450
An act to amend Seetio "CO" ` Sections 65585, 65852.21, and
66411.7 of the Government Code, relating to hottsing. land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 450, as amended, Atkins. ,
forms, and efitt tons. Housing development: approvals.
(1) The Planning and Zoning Law provides for the creation of
accessory dwelling units by local ordinance, or, if a local agency has
not adopted an ordinance, by ministerial approval, in accordance with
specified standards and conditions.
Existing law requires a proposed housing development containing
no more than 2 residential units within a single-family residential zone
to be considered ministerially, without discretionary review or hearing,
if the proposed housing development meets certain requirements,
including that the proposed housing development does not allow for
the demolition of more than 25% of the existing exterior structural
walls, except as provided. Existing law authorizes a local agency to
impose objective zoning standards, objective subdivision standards,
and objective design standards, as defined, except as specified, on the
proposed housing development. Existing law authorizes a local agency
to deny a proposed housing development if specified conditions are
met, including that the building official makes a written finding that
the proposed housing development project would have a speck,
adverse impact upon public health and safety or the physical
environment, as provided.
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SB 450 —2—
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This bill would remove the requirement that a proposed housing
development does not allow for the demolition of more than 25% of the
existing exterior structural walls to be considered ministerially. The
bill would prohibit a local agency from imposing objective zoning
standards, objective subdivision standards, and objective design
standards that do not apply uniformly to development within the
underlying zone. This bill would remove the authorization for a local
agency to deny a proposed housing development if the building official
makes a written finding that the proposed housing development project
would have a speck, adverse impact upon the physical environment.
The bill would require the local agency to consider and approve or
deny the proposed housing development application within 60 days
from the date the local agency receives the completed application, and
would deem the application approved after that time. The bill would
require a permitting agency, if it denies an application, to provide a
full set of comments to the applicant with a list of items that are defective
or deficient and a description of how the application can be remedied
by the applicant.
(2) The Subdivision Map Act vests the authority to regulate and
control the design and improvement of subdivisions in the legislative
body of a local agency and sets forth procedures governing the local
agency's processing, approval, conditional approval or disapproval,
and filing of tentative, final, and parcel maps, and the modification of
those maps.
Existing law requires a local agency to ministerially approve a parcel
map for an urban lot split that meets certain requirements. Existing
law authorizes a local agency to impose objective zoning standards,
objective subdivision standards, and objective design standards, as
defined, except as specified. Existing law authorizes a local agency to
deny an urban lot split if specified conditions are met, including that
the building official makes a written finding that the proposed housing
development project would have a speck, adverse impact upon public
health and safety or the physical environment, as provided.
This bill would speck that objective zoning standards, objective
subdivision standards, and objective design standards imposed by a
local agency must be related to the design or improvements of a parcel.
This bill would remove the authorization for a local agency to deny a
proposed housing development if the building official makes a written
finding that the proposed housing development project would have a
speck, adverse impact upon the physical environment. The bill would
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— 3 — SB 450
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require the local agency to consider and approve or deny the proposed
housing development application within 60 days from the date the local
agency receives the completed application, and would deem the
application approved after that time. The bill would require a permitting
agency, if it denies an application, to provide a full set of comments to
the applicant with a list of items that are defective or deficient and a
description of how the application can be remedied by the applicant.
(3) The Planning and Zoning Law requires each county and city to
adopt a comprehensive, long-term general plan for the physical
development of the county or city and requires that general plan to
include, among other mandatory elements, a housing element. Existing
law requires a planning agency to submit a copy of its draft housing
element or amendments to its housing element to the department for
review, and requires the department to notes the city, city, county, or
city and county if the department finds that the housing element or the
amendment does not substantially comply with or is in violation of
specified statutes.
This bill would add the proposed housing development and urban lot
split provisions described above to the list of statutes the department
is required to notify a city, county, or city and county of when reviewing
a housing element or amendment.
(4) By increasing the duties of local agencies with respect to land
use regulations, the bill would impose a state -mandated local program.
(5) The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Existing the Hattsing Aeeottntability Aet, whieh is part of the
Planning and Zoning prohibits, among o4tet! things, a loeal agen
appheable>objeetive general plan,zoning,
and s4division standards
sttppoAed by the preponderanee of the evidenee on the reeord that,
speeified eonditions exist, as provided-.
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SB 450
—4—
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- - : :
NEI ftMEJ I IMILWAVIERAtl:. : - illill- III I Via III - III 1 151 14L.'m WE L.'I.Mom
State-mandatedMill MIR
Vote: majority. Appropriation: no. Fiscal committee: yes.
local•
The people of the State of California do enact as follows:
1 SECTION 1. Section 65585 of the Government Code is
2 amended to read:
3 65585. (a) In the preparation of its housing element, each city
4 and county shall consider the guidelines adopted by the department
5 pursuant to Section 50459 of the Health and Safety Code. Those
6 guidelines shall be advisory to each city or county in the
7 preparation of its housing element.
8 (b) (1) At least 90 days prior to adoption of a revision of its
9 housing element pursuant to subdivision (e) of Section 65588, or
10 at least 60 days prior to the adoption of a subsequent amendment
11 to this element, the planning agency shall submit a draft element
12 revision or draft amendment to the department. The local
13 government of the planning agency shall make the first draft
14 revision of a housing element available for public comment for at
15 least 30 days and, if any comments are received, the local
16 government shall take at least 10 business days after the 30-day
17 public comment period to consider and incorporate public
18 comments into the draft revision prior to submitting it to the
19 department. For any subsequent draft revision, the local
20 government shall post the draft revision on its internet website and
21 shall email a link to the draft revision to all individuals and
22 organizations that have previously requested notices relating to
23 the local government's housing element at least seven days before
24 submitting the draft revision to the department.
25 (2) The planning agency staff shall collect and compile the
26 public comments regarding the housing element received by the
27 city, county, or city and county, and provide these comments to
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— 5 — SB 450
6.e
1 each member of the legislative body before it adopts the housing
2 element.
3 (3) The department shall review the draft and report its written
4 findings to the planning agency within 90 days of its receipt of the
5 first draft submittal for each housing element revision pursuant to
6 subdivision (e) of Section 65588 or within 60 days of its receipt
7 of a subsequent draft amendment or an adopted revision or adopted
8 amendment to an element. The department shall not review the
9 first draft submitted for each housing element revision pursuant
10 to subdivision (e) of Section 65588 until the local government has
11 made the draft available for public comment for at least 30 days
12 and, if comments were received, has taken at least 10 business
13 days to consider and incorporate public comments pursuant to
14 paragraph (1).
15 (c) In the preparation of its findings, the department may consult
16 with any public agency, group, or person. The department shall
17 receive and consider any written comments from any public
18 agency, group, or person regarding the draft or adopted element
19 or amendment under review.
20 (d) In its written findings, the department shall determine
21 whether the draft element or draft amendment substantially
22 complies with this article.
23 (e) Prior to the adoption of its draft element or draft amendment,
24 the legislative body shall consider the findings made by the
25 department. If the department's findings are not available within
26 the time limits set by this section, the legislative body may act
27 without them.
28 (f) If the department finds that the draft element or draft
29 amendment does not substantially comply with this article, the
30 legislative body shall take one of the following actions:
31 (1) Change the draft element or draft amendment to substantially
32 comply with this article.
33 (2) Adopt the draft element or draft amendment without changes.
34 The legislative body shall include in its resolution of adoption
35 written findings which explain the reasons the legislative body
36 believes that the draft element or draft amendment substantially
37 complies with this article despite the findings of the department.
38 (g) Promptly following the adoption of its element or
39 amendment, the planning agency shall submit a copy to the
40 department.
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SB 450
—6—
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1 (h) The department shall, within 90 days, review adopted
2 housing elements or amendments and report its findings to the
3 planning agency.
4 (i) (1) (A) The department shall review any action or failure
5 to act by the city, county, or city and county that it determines is
6 inconsistent with an adopted housing element or Section 65583,
7 including any failure to implement any program actions included
8 in the housing element pursuant to Section 65583. The department
9 shall issue written findings to the city, county, or city and county
10 as to whether the action or failure to act substantially complies
11 with this article, and provide a reasonable time no longer than 30
12 days for the city, county, or city and county to respond to the
13 findings before taking any other action authorized by this section,
14 including the action authorized by subparagraph (B).
15 (B) If the department finds that the action or failure to act by
16 the city, county, or city and county does not substantially comply
17 with this article, and if it has issued findings pursuant to this section
18 that an amendment to the housing element substantially complies
19 with this article, the department may revoke its findings until it
20 determines that the city, county, or city and county has come into
21 compliance with this article.
22 (2) The department may consult with any local government,
23 public agency, group, or person, and shall receive and consider
24 any written comments from any public agency, group, or person,
25 regarding the action or failure to act by the city, county, or city
26 and county described in paragraph (1), in determining whether the
27 housing element substantially complies with this article.
28 0) The department shall notify the city, county, or city and
29 county and may notify the office of the Attorney General that the
30 city, county, or city and county is in violation of state law if the
31 department finds that the housing element or an amendment to this
32 element, or any action or failure to act described in subdivision
33 (i), does not substantially comply with this article or that any local
34 government has taken an action in violation of the following:
35 (1) Housing Accountability Act (Section 65589.5).
36 (2) Section 65863.
37 (3) Chapter 4.3 (commencing with Section 65915).
38 (4) Section 65008.
39 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
40 Sections 65941.1, 65943, and 66300).
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— 7 — SB 450
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1 (6) Section 8899.50.
2 (7) Section 65913.4.
3 (8) Article 11 (commencing with Section 65650).
4 (9) Article 12 (commencing with Section 65660).
5 (10) Section 65913.11.
6 (11) Section 65400.
7 (12) Section 65863.2.
8 (13) Chapter 4.1 (commencing with Section 65912.100).
9 (14) Section 65852.21.
10 (15) Section 66411.7.
11 (k) Commencing July 1, 2019, prior to the Attorney General
12 bringing any suit for a violation of the provisions identified in
13 subdivision 0) related to housing element compliance and seeking
14 remedies available pursuant to this subdivision, the department
15 shall offer the jurisdiction the opportunity for two meetings in
16 person or via telephone to discuss the violation, and shall provide
17 the jurisdiction written findings regarding the violation. This
18 paragraph does not affect any action filed prior to the effective
19 date of this section. The requirements set forth in this subdivision
20 do not apply to any suits brought for a violation or violations of
21 paragraphs (1) and (3) to (9), inclusive, of subdivision 0).
22 (n In any action or special proceeding brought by the Attorney
23 General relating to housing element compliance pursuant to a
24 notice or referral under subdivision 0), the Attorney General may
25 request, upon a finding of the court that the housing element does
26 not substantially comply with the requirements of this article
27 pursuant to this section, that the court issue an order or judgment
28 directing the jurisdiction to bring its housing element into
29 substantial compliance with the requirements of this article. The
30 court shall retain jurisdiction to ensure that its order or judgment
31 is carried out. If a court determines that the housing element of
32 the jurisdiction substantially complies with this article, it shall
33 have the same force and effect, for purposes of eligibility for any
34 financial assistance that requires a housing element in substantial
35 compliance and for purposes of any incentives provided under
36 Section 65589.9, as a determination by the department that the
37 housing element substantially complies with this article.
38 (1) If the jurisdiction has not complied with the order or
39 judgment after 12 months, the court shall conduct a status
40 conference. Following the status conference, upon a determination
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SB 450
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1 that the jurisdiction failed to comply with the order or judgment
2 compelling substantial compliance with the requirements of this
3 article, the court shall impose fines on the jurisdiction, which shall
4 be deposited into the Building Homes and Jobs Trust Fund. Any
5 fine levied pursuant to this paragraph shall be in a minimum
6 amount of ten thousand dollars ($10,000) per month, but shall not
7 exceed one hundred thousand dollars ($100,000) per month, except
8 as provided in paragraphs (2) and (3). In the event that the
9 jurisdiction fails to pay fines imposed by the court in full and on
10 time, the court may require the Controller to intercept any available
11 state and local funds and direct such funds to the Building Homes
12 and Jobs Trust Fund to correct the jurisdiction's failure to pay.
13 The intercept of the funds by the Controller for this purpose shall
14 not violate any provision of the California Constitution.
15 (2) If the jurisdiction has not complied with the order or
16 judgment after three months following the imposition of fees
17 described in paragraph (1), the court shall conduct a status
18 conference. Following the status conference, if the court finds that
19 the fees imposed pursuant to paragraph (1) are insufficient to bring
20 the jurisdiction into compliance with the order or judgment, the
21 court may multiply the fine determined pursuant to paragraph (1)
22 by a factor of three. In the event that the jurisdiction fails to pay
23 fines imposed by the court in full and on time, the court may
24 require the Controller to intercept any available state and local
25 funds and direct such funds to the Building Homes and Jobs Trust
26 Fund to correct the jurisdiction's failure to pay. The intercept of
27 the funds by the Controller for this purpose shall not violate any
28 provision of the California Constitution.
29 (3) If the jurisdiction has not complied with the order or
30 judgment six months following the imposition of fees described
31 in paragraph (1), the court shall conduct a status conference. Upon
32 a determination that the jurisdiction failed to comply with the order
33 or judgment, the court may impose the following:
34 (A) If the court finds that the fees imposed pursuant to
35 paragraphs (1) and (2) are insufficient to bring the jurisdiction into
36 compliance with the order or judgment, the court may multiply
37 the fine determined pursuant to paragraph (1) by a factor of six.
38 In the event that the jurisdiction fails to pay fines imposed by the
39 court in full and on time, the court may require the Controller to
40 intercept any available state and local funds and direct such funds
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to the Building Homes and Jobs Trust Fund to correct the
jurisdiction's failure to pay. The intercept of the funds by the
Controller for this purpose shall not violate any provision of the
California Constitution.
(B) The court may order remedies available pursuant to Section
564 of the Code of Civil Procedure, under which the agent of the
court may take all governmental actions necessary to bring the
jurisdiction's housing element into substantial compliance pursuant
to this article in order to remedy identified deficiencies. The court
shall determine whether the housing element of the jurisdiction
substantially complies with this article and, once the court makes
that determination, it shall have the same force and effect, for all
purposes, as the department's determination that the housing
element substantially complies with this article. An agent appointed
pursuant to this paragraph shall have expertise in planning in
California.
(4) This subdivision does not limit a court's discretion to apply
any and all remedies in an action or special proceeding for a
violation of any law identified in subdivision 0).
(m) In determining the application of the remedies available
under subdivision (n, the court shall consider whether there are
any mitigating circumstances delaying the jurisdiction from coming
into compliance with state housing law. The court may consider
whether a city, county, or city and county is making a good faith
effort to come into substantial compliance or is facing substantial
undue hardships.
(n) Nothing in this section shall limit the authority of the office
of the Attorney General to bring a suit to enforce state law in an
independent capacity. The office of the Attorney General may seek
all remedies available under law including those set forth in this
section.
(o) Notwithstanding Sections 11040 and 11042, if the Attorney
General declines to represent the department in any action or
special proceeding brought pursuant to a notice or referral under
subdivision 0) the department may appoint or contract with other
counsel for purposes of representing the department in the action
or special proceeding.
(p) Notwithstanding any other provision of law, the statute of
limitations set forth in subdivision (a) of Section 338 of the Code
of Civil Procedure shall apply to any action or special proceeding
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SB 450
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brought by the Office of the Attorney General or pursuant to a
notice or referral under subdivision 0), or by the department
pursuant to subdivision (o).
SEC. 2. Section 65852.21 of the Government Code is amended
to read:
65852.21. (a) A proposed housing development containing
no more than two residential units within a single-family residential
zone shall be considered ministerially, without discretionary review
or a hearing, if the proposed housing development meets all of the
following requirements:
(1) The parcel subject to the proposed housing development is
located within a city, the boundaries of which include some portion
of either an urbanized area or urban cluster, as designated by the
United States Census Bureau, or, for unincorporated areas, a legal
parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
(a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local
law, the proposed housing development would not require
demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three
years.
(4) The parcel subject to the proposed housing development is
not a parcel on which an owner of residential real property has
exercised the owner's rights under Chapter 12.75 (commencing
with Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the date
that the development proponent submits an application.
(5) The proposed hottsing development does flot allow the
demolition of more than -25 pereent of the existing ex4erior
struetural walls, tmiess the hottsing development meets at least,
one of the following eo"ditions.!
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years.(B) T-lie site -has not been oeeupied by a tenant in the last three
(5) The development is not located within a historic district or
property included on the State Historic Resources Inventory, as
defined in Section 5020.1 of the Public Resources Code, or within
a site that is designated or listed as a city or county landmark or
historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided
in , paragraphs (2) and (3), a local agency may
impose objective zoning standards, objective subdivision standards,
and objective design review standards that do not conflict with
this section.
(2) (A) The local agency shall not impose objective zoning
standards, objective subdivision standards, and objective design
standards that would have the effect of physically precluding the
construction of up to two units or that would physically preclude
either of the two units from being at least 800 square feet in floor
area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be
required for an existing structure or a structure constructed in the
same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances
not described in clause (i), a local agency may require a setback
of up to four feet from the side and rear lot lines.
(3) A local agency shall not impose objective zoning standards,
objective subdivision standards, and objective design standards
that do not apply uniformly to development within the underlying
zone.
(c) In addition to any conditions established in accordance with
subdivision (b), a local agency may require any of the following
conditions when considering an application for two residential
units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a
local agency shall not impose parking requirements in either of
the following instances:
(A) The parcel is located within one-half mile walking distance
of either a high -quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major
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SB 450
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1 transit stop, as defined in Section 21064.3 of the Public Resources
2 Code.
3 (B) There is a car share vehicle located within one block of the
4 parcel.
5 (2) For residential units connected to an onsite wastewater
6 treatment system, a percolation test completed within the last 5
7 years, or, if the percolation test has been recertified, within the last
8 10 years.
9 (d) Notwithstanding subdivision (a), a local agency may deny
10 a proposed housing development project if the building official
11 makes a written finding, based upon a preponderance of the
12 evidence, that the proposed housing development project would
13 have a specific, adverse impact, as defined and determined in
14 paragraph (2) of subdivision (d) of Section 65589.5, upon public
15 health and safety or the physieal etwirontnew an for which there
16 is no feasible method to satisfactorily mitigate or avoid the specific,
17 adverse impact.
18 (e) A local agency shall require that a rental of any unit created
19 pursuant to this section be for a term longer than 30 days.
20 (f) Notwithstanding Section 65852.2 or 65852.22, a local agency
21 shall not be required to permit an accessory dwelling unit or a
22 junior accessory dwelling unit on parcels that use both the authority
23 contained within this section and the authority contained in Section
24 66411.7.
25 (g) Notwithstanding subparagraph (B) of paragraph (2) of
26 subdivision (b), an application shall not be rejected solely because
27 it proposes adjacent or connected structures provided that the
28 structures meet building code safety standards and are sufficient
29 to allow separate conveyance.
30 (h) (1) An application for a proposed housing development
31 pursuant to this section shall be considered and approved or denied
32 within 60 days from the date the local agency receives a completed
33 application. If the local agency has not approved or denied the
34 completed application within 60 days, the application shall be
35 deemed approved.
36 (2) If a permitting agency denies an application for a proposed
37 housing development pursuant to paragraph (1), the permitting
38 agency shall, within the time period described in paragraph (1),
39 return in writing a full set of comments to the applicant with a list
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—13 — SB 450
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1 of items that are defective or deficient and a description of how
2 the application can be remedied by the applicant.
3 (h)
4 (i) Local agencies shall include units constructed pursuant to
5 this section in the annual housing element report as required by
6 subparagraph (I) of paragraph (2) of subdivision (a) of Section
7 65400.
8 (r)
9 6) For purposes of this section, all of the following apply:
10 (1) A housing development contains two residential units if the
11 development proposes no more than two new units or if it proposes
12 to add one new unit to one existing unit.
13 (2) The terms "objective zoning standards," "objective
14 subdivision standards," and "objective design review standards"
15 mean standards that involve no personal or subjective judgment
16 by a public official and are uniformly verifiable by reference to
17 an external and uniform benchmark or criterion available and
18 knowable by both the development applicant or proponent and the
19 public official prior to submittal. These standards may be embodied
20 in alternative objective land use specifications adopted by a local
21 agency, and may include, but are not limited to, housing overlay
22 zones, specific plans, inclusionary zoning ordinances, and density
23 bonus ordinances.
24 (3) "Local agency" means a city, county, or city and county,
25 whether general law or chartered.
26 (j)
27 (k) A local agency may adopt an ordinance to implement the
28 provisions of this section. An ordinance adopted to implement this
29 section shall not be considered a project under Division 13
30 (commencing with Section 21000) of the Public Resources Code.
31 (k)
32 (l) Nothing in this section shall be construed to supersede or in
33 any way alter or lessen the effect or application of the California
34 Coastal Act of 1976 (Division 20 (commencing with Section
35 30000) of the Public Resources Code), except that the local agency
36 shall not be required to hold public hearings for coastal
37 development permit applications for a housing development
38 pursuant to this section.
39 SEC. 3. Section 66411.7 of the Government Code is amended
40 to read:
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SB 450
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66411.7. (a) Notwithstanding any other provision of this
division and any local law, a local agency shall ministerially
approve, as set forth in this section, a parcel map for an urban lot
split only if the local agency determines that the parcel map for
the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no
more than two new parcels of approximately equal lot area
provided that one parcel shall not be smaller than 40 percent of
the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly
created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum
lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following
requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located
within a city, the boundaries of which include some portion of
either an urbanized area or urban cluster, as designated by the
United States Census Bureau, or, for unincorporated areas, a legal
parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
(a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition
or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three
years.
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—15 — SB 450
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1 (E) The parcel is not located within a historic district or property
2 included on the State Historic Resources Inventory, as defined in
3 Section 5020.1 of the Public Resources Code, or within a site that
4 is designated or listed as a city or county landmark or historic
5 property or district pursuant to a city or county ordinance.
6 (F) The parcel has not been established through prior exercise
7 of an urban lot split as provided for in this section.
8 (G) Neither the owner of the parcel being subdivided nor any
9 person acting in concert with the owner has previously subdivided
10 an adjacent parcel using an urban lot split as provided for in this
11 section.
12 (b) An application for a parcel map for an urban lot split shall
13 be approved in accordance with the following requirements:
14 (1) (A) A local agency shall approve or deny an application for
15 a parcel map for an urban lot split ministerially without
16 discretionary review.
17 (B) An application for an urban lot split shall be considered
18 and approved or denied within 60 days from the date the local
19 agency receives a completed application. If the local agency has
20 not approved or denied the completed application within 60 days,
21 the application shall be deemed approved.
22 (C) If a permitting agency denies an application for an urban
23 lot split pursuant to subparagraph (B), the permitting agency shall,
24 within the time period described in paragraph (1), return in writing
25 a full set of comments to the applicant with a list of items that are
26 defective or deficient and a description of how the application can
27 be remedied by the applicant.
28 (2) A local agency shall approve an urban lot split only if it
29 conforms to all applicable objective requirements of the
30 Subdivision Map Act (Division 2 (commencing with Section
31 66410)), except as otherwise expressly provided in this section.
32 (3) Notwithstanding Section 66411.1, a local agency shall not
33 impose regulations that require dedications of rights -of -way or the
34 construction of offsite improvements for the parcels being created
35 as a condition of issuing a parcel map for an urban lot split pursuant
36 to this section.
37 (c) (1) Except as provided in paragraph (2), notwithstanding
38 any local law, a local agency may impose objective zoning
39 standards, objective subdivision standards, and objective design
40 review standards that are related to the design or to improvements
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SB 450
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1 of a parcel, consistent with paragraph (3) of subdivision (b) and
2 with subdivision (e), and are applicable to a parcel created by an
3 urban lot split that do not conflict with this section.
4 (2) A local agency shall not impose objective zoning standards,
5 objective subdivision standards, and objective design review
6 standards that would have the effect of physically precluding the
7 construction of two units on either of the resulting parcels or that
8 would result in a unit size of less than 800 square feet.
9 (3) (A) Notwithstanding paragraph (2), no setback shall be
10 required for an existing structure or a structure constructed in the
11 same location and to the same dimensions as an existing structure.
12 (B) Notwithstanding paragraph (2), in all other circumstances
13 not described in subparagraph (A), a local agency may require a
14 setback of up to four feet from the side and rear lot lines.
15 (d) Notwithstanding subdivision (a), a local agency may deny
16 an urban lot split if the building official makes a written finding,
17 based upon a preponderance of the evidence, that the proposed
18 housing development project would have a specific, adverse
19 impact, as defined and determined in paragraph (2) of subdivision
20 (d) of Section 65589.5, upon public health and safety -or -the
21 physieal eiwironmen and for which there is no feasible method
22 to satisfactorily mitigate or avoid the specific, adverse impact.
23 (e) In addition to any conditions established in accordance with
24 this section, a local agency may require any of the following
25 conditions when considering an application for a parcel map for
26 an urban lot split:
27 (1) Easements required for the provision of public services and
28 facilities.
29 (2) A requirement that the parcels have access to, provide access
30 to, or adjoin the public right-of-way.
31 (3) Off-street parking of up to one space per unit, except that a
32 local agency shall not impose parking requirements in either of
33 the following instances:
34 (A) The parcel is located within one-half mile walking distance
35 of either a high -quality transit corridor as defined in subdivision
36 (b) of Section 21155 of the Public Resources Code, or a major
37 transit stop as defined in Section 21064.3 of the Public Resources
38 Code.
39 (B) There is a car share vehicle located within one block of the
40 parcel.
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—17 — SB 450
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1 (f) A local agency shall require that the uses allowed on a lot
2 created by this section be limited to residential uses.
3 (g) (1) A local agency shall require an applicant for an urban
4 lot split to sign an affidavit stating that the applicant intends to
5 occupy one of the housing units as their principal residence for a
6 minimum of three years from the date of the approval of the urban
7 lot split.
8 (2) This subdivision shall not apply to an applicant that is a
9 "community land trust," as defined in clause (ii) of subparagraph
10 (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
11 Revenue and Taxation Code, or is a "qualified nonprofit
12 corporation" as described in Section 214.15 of the Revenue and
13 Taxation Code.
14 (3) A local agency shall not impose additional owner occupancy
15 standards, other than provided for in this subdivision, on an urban
16 lot split pursuant to this section.
17 (h) A local agency shall require that a rental of any unit created
18 pursuant to this section be for a term longer than 30 days.
19 (i) A local agency shall not require, as a condition for ministerial
20 approval of a parcel map application for the creation of an urban
21 lot split, the correction of nonconforming zoning conditions.
22 0) (1) Notwithstanding any provision of Section 65852.2,
23 65852.21, 65852.22, 65915, or this section, a local agency shall
24 not be required to permit more than two units on a parcel created
25 through the exercise of the authority contained within this section.
26 (2) For the purposes of this section, "unit" means any dwelling
27 unit, including, but not limited to, a unit or units created pursuant
28 to Section 65852.21, a primary dwelling, an accessory dwelling
29 unit as defined in Section 65852.2, or a junior accessory dwelling
30 unit as defined in Section 65852.22.
31 (k) Notwithstanding paragraph (3) of subdivision (c), an
32 application shall not be rejected solely because it proposes adjacent
33 or connected structures provided that the structures meet building
34 code safety standards and are sufficient to allow separate
35 conveyance.
36 (n Local agencies shall include the number of applications for
37 parcel maps for urban lot splits pursuant to this section in the
38 annual housing element report as required by subparagraph (I) of
39 paragraph (2) of subdivision (a) of Section 65400.
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1 (m) For purposes of this section, both of the following shall
2 apply:
3 (1) "Objective zoning standards," "objective subdivision
4 standards," and "objective design review standards" mean standards
5 that involve no personal or subjective judgment by a public official
6 and are uniformly verifiable by reference to an external and
7 uniform benchmark or criterion available and knowable by both
8 the development applicant or proponent and the public official
9 prior to submittal. These standards may be embodied in alternative
10 objective land use specifications adopted by a local agency, and
11 may include, but are not limited to, housing overlay zones, specific
12 plans, inclusionary zoning ordinances, and density bonus
13 ordinances.
14 (2) "Local agency" means a city, county, or city and county,
15 whether general law or chartered.
16 (n) A local agency may adopt an ordinance to implement the
17 provisions of this section. An ordinance adopted to implement this
18 section shall not be considered a project under Division 13
19 (commencing with Section 21000) of the Public Resources Code.
20 (o) Nothing in this section shall be construed to supersede or in
21 any way alter or lessen the effect or application of the California
22 Coastal Act of 1976 (Division 20 (commencing with Section
23 30000) of the Public Resources Code), except that the local agency
24 shall not be required to hold public hearings for coastal
25 development permit applications for urban lot splits pursuant to
26 this section.
27 SEC. 4. The Legislature finds and declares that ensuring access
28 to affordable housing is a matter of statewide concern and is not
29 a municipal affair as that term is used in Section 5 of Article XI
30 of the California Constitution. Therefore, Sections 2 and 3 of this
31 act amending Sections 65852.21 and 66411.7 of the Government
32 Code apply to all cities, including charter cities.
33 SEC. 5. No reimbursement is required by this act pursuant to
34 Section 6 ofArticle XIIIB of the California Constitution because
35 a local agency or school district has the authority to levy service
36 charges, fees, or assessments sufficient to pay for the program or
37 level ofservice mandated by this act, within the meaning of Section
38 17556 of the Government Code.
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—19—
SB 450
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1
2 All matter omitted in this version of the bill
3 appears in the bill as introduced in the
4 Senate, February 13, 2023. (JR11)
5
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.AUTHENnc-..>rED 774
— GOVERN_NT
iNror.M anoN
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118Tx CONGRESS He Re 2887
1ST SESSION
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 HOUSE OF REPRESENTATIVES
APRIL 26, 2023
Mr. MIKE GARCIA of California introduced the following bill; which was
referred to the Committee on Natural Resources
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 "Helping Invest in Key
5 Environments Act" or the "HIKE Act"
6 SEC. 2. BOUNDARY ADJUSTMENT.
7 Section 507(c) of the National Parks and Recreation
8 Act of 1978 (16 U.S.C. 460kk(c)) is amended by striking
9 paragraph (1) and inserting the following:
10 "(1) BOUNDARY.-
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1 "(A) IN GENERAL. —The recreation area
2 shall consist of-
3 "(i) the land, water, and interests in
4
land and water generally depicted as the
5
recreation area on the map entitled `Santa
6
Monica Mountains National Recreation
7
Area and Santa Monica Mountains Zone,
8
California, Boundary Map', numbered
9
S0,047—C, and dated August 2001; and
10
"(ii) the land, water, and interests in
11
land and water, as generally depicted as
12
`Proposed Addition' on the map entitled
13
`Rim of the Valley Unit —Santa Monica
14
Mountains National Recreation Area',
15
numbered 63S/147,723, and dated March,
16
2022.
17
"(B) AVAILABILITY OF MAPS. —The maps
18
described in subparagraph (A) shall be on file
19
and available for public inspection in the appro-
20
priate offices of the National Park Service.
21
"(C) REVISIONS. After advising the Com-
22
mittee on Energy and Natural Resources of the
23
Senate and the Committee on Natural Re-
24
sources of the House of Representatives, in
25
writing, of the proposed revision, the Secretary
•HR 2887 IH
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1 may make minor revisions to the boundaries of
2 the recreation area by publication of a revised
3 drawing or other boundary description in the
4 Federal Register.".
5 SEC. 3. ADMINISTRATION.
6 Any land or interest in land acquired by the Secretary
7 of the Interior within the Rim of the Valley Unit shall
8 be administered as part of the Santa Monica Mountains
9 National Recreation Area (referred to in this Act as the
10 "National Recreation Area") in accordance with the laws
11 (including regulations) applicable to the National Recre-
12 ation Area.
13 SEC. 4. UTILITIES AND WATER RESOURCE FACILITIES.
14 The addition of the Rim of the Valley Unit to the
15 National Recreation Area shall not affect the operation,
16 maintenance, or modification of water resource facilities
17 or public utilities within the Rim of the Valley Unit, except
18 that any utility or water resource facility activities in the
19 Rim of the Valley Unit shall be conducted in a manner
20 that reasonably avoids or reduces the impact of the activi-
21 ties on resources of the Rim of the Valley Unit.
C
•HR 2887 IH
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.AUTHENnc-..>rED 774
— GOVERN_NT
iNror.M anoN
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I
118Tx CONGRESS He Re 3681
1ST SESSION
To modify the boundaries of the San Gabriel Mountains National Monument
in the State of California to include additional National Forest System
land, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2023
Ms. CHU (for herself, Mrs. NAPOLITANO, Ms. BARRAGAN, Mr. BERA, Ms.
BROWNLEY, Mr. CARBAJAL, Mr. CARDENAS, Mr. DESAULNIER, Ms.
ESHOO, Mr. GARAMENDI, Mr. ROBERT GARCIA of California, Mr. GOMEz,
Mr. HUFFMAN, Ms. KAMLAGER-DOVE, Mr. KHANNA, Ms. LEE of Cali-
fornia, Ms. LOFGREN, Mr. MULLIN, Ms. PORTER, Mr. SCHIFF, Mr.
SHERMAN, Mr. SWALWELL, Ms. S9NCHEz, Mr. TAKANO, Ms. WATERS,
and Mr. NADLER) introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To modify the boundaries of the San Gabriel Mountains
National Monument in the State of California to include
additional National Forest System land, 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; TABLE OF CONTENTS.
4 (a) SHORT TITLE. —'phis Act may be cited as the
5 "San Gabriel Mountains Protection Act".
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1
(b) TABLE OF CONTENTS. —The table of contents for
2 this Act is as follows:
Sec.
1. Short title; table of contents.
Sec.
2. Definitions.
Sec.
3. National monument boundary modification.
Sec.
4. Designation of wilderness areas and additions.
Sec.
5. Administration of wilderness areas and additions.
Sec.
6. Designation of wild and scenic rivers.
Sec.
7. Water rights.
Sec.
S. Reauthorization of existing water facilities in Pleasant View Ridge Wil-
derness.
3 SEC. 2. DEFINITIONS.
4
In this Act:
5 (1) SECRETARY. —The term "Secretary" means
6 the Secretary of Agriculture.
7 (2) WILDERNESS AREA OR ADDITION. —The
8 term "wilderness area or addition" means any wil-
9 derness area or wilderness addition designated by
10 section 4(a).
11 SEC. 3. NATIONAL MONUMENT BOUNDARY MODIFICATION.
12 (a) IN GENERAL. —The San Gabriel Mountains Na-
13 tional Monument established by Presidential Proclamation
14 9194 (54 U.S.C. 320301 note) (referred to in this section
15 as the "Monument") is modified to include the approxi-
16 mately 109,167 acres of additional National Forest Sys-
17 tem land depicted as the "Proposed San Gabriel Moun-
18 tains National Monument Expansion" on the map entitled
19 "Proposed San Gabriel Mountains National Monument
20 Expansion" and dated June 26, 2019.
•HR 3681 IH
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1 (b) ADMINISTRATION. —The Secretary shall admin-
2 ister the Monument (including the land added to the
3 Monument by subsection (a)), in accordance with-
4 (1) Presidential Proclamation Number 9194
5 (79 Fed. Reg. 62303);
6 (2) the laws generally applicable to the Monu-
7 ment; and
8 (3) this Act.
9 (C) MANAGEMENT PLAN. —Not later than 3 years
10 after the date of enactment of this Act, the Secretary shall
11 consult with the State, local governments, and interested
12 members of the public to update the San Gabriel Moun-
13 tains National Monument Plan to provide management di-
14 rection and protection for the land added to the Monu-
15 ment by subsection (a).
16 SEC. 4. DESIGNATION OF WILDERNESS AREAS AND ADDI-
17 TIONS.
18 (a) DESIGNATION. —In accordance with the Wilder-
19 ness Act (16 U.S.C. 1131 et seq.), the following parcels
20 of National Forest System land in the State are des-
21 ignated as wilderness and as components of the National
22 Wilderness Preservation System:
23 (1) CONDOR PEAK WILDERNESS. —Certain Fed-
24 eral land in the Angeles National Forest, comprising
25 approximately S,207 acres, as generally depicted on
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1 the map entitled "Condor Peak Wilderness—Pro-
2 posed" and dated June 6, 2019, which shall be
3 known as the "Condor Peak Wilderness".
4 (2) SAN GABRIEL WILDERNESS ADDITIONS.-
5 Certain Federal land in the Angeles National Forest,
6 comprising approximately 2,032 acres, as generally
7 depicted on the map entitled "San Gabriel Wilder-
8 ness Additions" and dated June 6, 2019, which is
9 incorporated in, and considered to be a part of, the
10 San Gabriel Wilderness designated by Public Law
11 90-318 (16 U.S.C. 1132 note; 82 Stat. 131).
12 (3) SHEEP MOUNTAIN WILDERNESS ADDI-
13 TIONS.—Certain Federal land in the Angeles Na-
14 tional Forest, comprising approximately 13,726
15 acres, as generally depicted on the map entitled
16 "Sheep Mountain Wilderness Additions" and dated
17 June 6, 2019, which is incorporated in, and consid-
18 ered to be a part of, the Sheep Mountain Wilderness
19 designated by section 101(a)(29) of the California
20 Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub-
21 lie Law 98-425; 98 Stat. 1623).
22 (4) YERBA BUENA WILDERNESS. —Certain Fed-
23 eral land in the Angeles National Forest, comprising
24 approximately 6,694 acres, as generally depicted on
25 the map entitled "Yerba Buena Wilderness—Pro-
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1 posed" and dated June 6, 2019, which shall be
2 known as the "Yerba Buena Wilderness".
3 (b) MAP AND LEGAL DESCRIPTION.-
4 (1) IN GENERAL. As soon as practicable after
5 the date of enactment of this Act, the Secretary
6 shall file a map and a legal description of the wilder-
7 ness areas and additions with-
8 (A) the Committee on Energy and Natural
9 Resources of the Senate; and
10 (B) the Committee on Natural Resources
11 of the House of Representatives.
12 (2) FORCE OF LAw.—The map and legal de-
13 scription filed under paragraph (1) shall have the
14 same force and effect as if included in this Act, ex-
15 cept that the Secretary may correct any clerical or
16 typographical error in the map or legal description.
17 (3) PUBLIC AVAILABILITY. —The map and legal
18 description filed under paragraph (1) shall be on file
19 and available for public inspection in the appropriate
20 offices of the Forest Service.
21 SEC. 5. ADNHNISTRATION OF WILDERNESS AREAS AND AD-
22 DITIONS.
23 (a) IN GENERAL. —Subject to valid existing rights,
24 the wilderness areas and additions shall be administered
25 by the Secretary in accordance with this section and the
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1 Wilderness Act (16 U.S.C. 1131 et seq.), except that any
2 reference in that Act to the effective date of that Act shall
3 be considered to be a reference to the date of enactment
4 of this Act.
5 (b) FIRE MANAGEMENT AND RELATED ACTIVI-
6 TIES.
7 (1) IN GENERAL. —The Secretary may carry out
8 such activities in a wilderness area or addition as
9 are necessary for the control of fire, insects, or dis-
10 eases in accordance with-
11 (A) section 4(d)(1) of the Wilderness Act
12 (16 U.S.C. 1133(d)(1)); and
13 (B) House Report 98-40 of the 98th Con-
14 gress.
15 (2) FUNDING PRIORITIEs.—Nothing in this Act
16 limits funding for fire or fuels management in a wil-
17 derness area or addition.
18 (3) REVISION AND DEVELOPMENT OF LOCAL
19 FIRE MANAGEMENT PLANS. As soon as practicable
20 after the date of enactment of this Act, the Sec-
21 retary shall amend, as applicable, any local fire man-
22 agement plan that applies to a wilderness area or
23 addition.
24 (4) ADMINISTRATION. —In accordance with
25 paragraph (1) and any other applicable Federal law,
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1 to ensure a timely and efficient response to a fire
2 emergency in a wilderness area or addition, the See-
3 retary shall
4 (A) not later than 1 year after the date of
5 enactment of this Act, establish agency ap-
6 proval procedures (including appropriate delega-
7 tions of authority to the Forest Supervisor, Dis-
8 trict Manager, or other agency officials) for re-
9 sponding to fire emergencies; and
10 (B) enter into agreements with appropriate
11 State or local firefighting agencies.
12 (c) GRAzING.—The grazing of livestock in a wilder-
13 ness area or addition, if established before the date of en-
14 actment of this Act, shall be administered in accordance
15 with-
16 (1) section 4(d)(4) of the Wilderness Act (16
17 U.S.C. 1133(d)(4)); and
18 (2) the guidelines contained in Appendix A of
19 the report of the Committee on Interior and Insular
20 Affairs of the House of Representatives accom-
21 panying H.R. 2570 of the 101st Congress (H. Rept.
22 101-405).
23 (d) FISH AND WILDLIFE.-
24 (1) IN GENERAL. —In accordance with section
25 4(d)(7) of the Wilderness Act (16 U.S.C.
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1 1133(d)(7)), nothing in this Act affects the jurisdic-
2 tion or responsibility of the State with respect to
3 fish or wildlife on public land in the State.
4 (2) MANAGEMENT ACTIVITIES.-
5 (A) IN GENERAL. —In support of the pur-
6 poses and principles of the Wilderness Act (16
7 U.S.C. 1131 et seq.), the Secretary may con-
8 duct any management activity that the Sec-
9 retary determines to be necessary to maintain
10 or restore a fish or wildlife population or habi-
11 tat in a wilderness area or addition, if the activ-
12 ity is conducted in accordance with-
13 (i) applicable wilderness management
14 plans; and
15 (ii) appropriate policies, such as the
16 policies established in Appendix B of the
17 report of the Committee on Interior and
18 Insular Affairs of the House of Represent-
19 atives accompanying H.R. 2570 of the
20 101st Congress (H. Rept. 101-405).
21 (B) INCLUSIONS. —A management activity
22 under subparagraph (A) may include the occa-
23 sional and temporary use of motorized vehicles,
24 if the use, as determined by the Secretary,
25 would maintain or improve wilderness char-
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1 acter, is
impossible to
accomplish by
non-
2 motorized
methods, and
is in accordance
with
3 memoranda of understanding between the Fed-
4 eral agencies and the California State Depart-
ment of Fish and Wildlife.
6 (C) EXISTING ACTIVITIES. —In accordance
7 with section 4(d)(1) of the Wilderness Act (16
8 U.S.C. 1133(d)(1)) and other appropriate poli-
9 cies (such as the policies established in Appen-
10 dix B of the report of the Committee on Inte-
11 rior and Insular Affairs of the House of Rep-
12 resentatives accompanying H.R. 2570 of the
13 101st Congress (H. Rept. 101-405)), the State
14 may use aircraft (including helicopters) in a
15 wilderness area or addition to survey, capture,
16 transplant, monitor, or provide water for a wild-
17 life population, including bighorn sheep, if the
18 activity, as determined by the Secretary is im-
19 possible to accomplish without use of aircraft,
20 and is in accordance with memoranda of under-
21 standing between the Federal agencies and the
22 California State Department of Fish and Wild-
23 life.
24 (e) BUFFER ZONES.
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1 (1) IN GENERAL. —Nothing in this Act estab-
2 lishes any protective perimeter or buffer zone around
3 a wilderness area or addition.
4 (2) ACTIVITIES OR USES UP TO BOUNDARIES.-
5 The fact that a nonwilderness activity or use can be
6 seen or heard from within a wilderness area or addi-
7 tion shall not preclude the activity or use up to the
8 boundary of the wilderness area or addition.
9 (f) MILITARY ACTIVITIES. —Nothing in this Act pre-
10 eludes-
11 (1) low-level overflights of military aircraft over
12 a wilderness area or addition;
13 (2) the designation of a new unit of special air-
14 space over a wilderness area or addition; or
15 (3) the use or establishment of a military flight
16 training route over a wilderness area or addition.
17 (g) HORSES. —Nothing in this Act precludes horse-
18 back riding in, or the entry of recreational or commercial
19 saddle or pack stock into, a wilderness area or addition-
20 (1) in accordance with section 4 (d) (5) of the
21 Wilderness Act (16 U.S.C. 1133(d)(5)); and
22 (2) subject to such terms and conditions as the
23 Secretary determines to be necessary.
24 (h) LAw ENFORCEMENT. —Nothing in this Act pre-
25 eludes any law enforcement or drug interdiction effort
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1 within a wilderness area or addition, in accordance with
2 the Wilderness Act (16 U.S.C. 1131 et seq.).
3 (i) WITHDRAWAL. —Subject to valid existing rights,
4 the wilderness areas and additions are withdrawn from-
5 (1) all forms of entry, appropriation, and dis-
6 posal under the public land laws;
7 (2) location, entry, and patent under the mining
8 laws; and
9 (3) operation of the mineral materials and geo-
10 thermal leasing laws.
11 0) INCORPORATION OF ACQUIRED LAND AND INTER-
12 ESTS. Any land within the boundary of a wilderness area
13 or addition that is acquired by the United States shall-
14 (1) become part of the wilderness area or addi-
15 tion in which the land is located; and
16 (2) be managed in accordance with this section,
17 the Wilderness Act (16 U.S.C. 1131 et seq.), and
18 any other applicable law (including regulations).
19 (k) CLIMATOLOGICAL DATA COLLECTION. —In ac-
20 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
21 and subject to such terms and conditions as the Secretary
22 may prescribe, the Secretary may authorize the installa-
23 tion and maintenance of hydrologic, meteorologic, or cli-
24 matological collection devices in a wilderness area or addi-
25 tion if the Secretary determines that the device and access
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1 to the device is essential to a flood warning, flood control,
2 or water reservoir operation activity.
3 (1) AUTHORIZED EVENT. —The Secretary may au-
4 thorize the Angeles Crest 100 competitive running event
5 to continue in substantially the same manner in which the
6 event was operated and permitted in 2015 within the land
7 added to the Sheep Mountain Wilderness by section
8 4(a)(3) and the Pleasant View Ridge Wilderness Area des-
9 ignated by section 1 S 02 (S) of the Omnibus Public Land
10 Management Act of 2009 (16 U.S.C. 1132 note; Public
11 Law 111-11; 123 Stat. 1054), if the event is authorized
12 and conducted in a manner compatible with the preserva-
13 tion of the areas as wilderness.
14 SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.
15 (a) DESIGNATION. —Section 3 (a) of the Wild and
16 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-
17 ing at the end the following:
18 "(231) EAST FORK SAN GABRIEL RIVER, CALI-
19 FORNIA.—The following segments of the East Fork
20 San Gabriel River, to be administered by the Sec-
21 retary of Agriculture in the following classes:
22 "(A) The 10-mile segment from the con-
23 fluence of the Prairie Fork and Vincent Gulch
24 to 100 yards upstream of the Heaton Flats
25 trailhead and day use area, as a wild river.
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1 "(B) The 2.7-mile segment from 100 yards
2 upstream of the Heaton Flats trailhead and day
3 use area to 100 yards upstream of the con-
4 fluence with Williams Canyon, as a recreational
5 river.
6 "(232) NORTH FORK SAN GABRIEL RIVER,
7 CALIFORNIA.—The 4.3-mile segment of the North
8 Fork San Gabriel River from the confluence with
9 Cloudburst Canyon to 0.25 miles upstream of the
10 confluence with the West Fork San Gabriel River, to
11 be administered by the Secretary of Agriculture as
12 a recreational river.
13 "(233) WEST FORK SAN GABRIEL RIVER, CALI-
14 FORNIA.—The following segments of the West Fork
15 San Gabriel River, to be administered by the Sec-
16 retary of Agriculture in the following classes:
17 "(A) The 6.7-mile segment from 0.25
18 miles downstream of its source near Red Box
19 Gap in sec. 14, T. 2 N., R. 12 W., to the con-
20 fluence with the unnamed tributary 0.25 miles
21 downstream of the power lines in sec. 22, T. 2
22 N., R. 11 W., as a recreational river.
23 "(B) The 1.6-mile segment of the West
24 Fork from 0.25 miles downstream of the
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1 powerlines in sec. 22, T. 2 N., R. 11 W., to the
2 confluence with Bobcat Canyon, as a wild river.
3 "(234) LITTLE ROCK CREEK, CALIFORNIA.-
4 The following segments of Little Rock Creek and
5 tributaries, to be administered by the Secretary of
6 Agriculture in the following classes:
7 "(A) The 10.3-mile segment from its
8 source on Mt. Williamson in sec. 6, T. 3 N., R.
9 9 W., to 100 yards upstream of the confluence
10 with the South Fork Little Rock Creek, as a
11 wild river.
12 "(B) The 6.6-mile segment from 100 yards
13 upstream of the confluence with the South Fork
14 Little Rock Creek to the confluence with
15 Santiago Canyon, as a recreational river.
16 "(C) The 1-mile segment of Cooper Can-
17 you Creek from 0.25 miles downstream of
18 Highway 2 to 100 yards downstream of Cooper
19 Canyon Campground, as a scenic river.
20 "(D) The 1.3-mile segment of Cooper Can-
21 you Creek from 100 yards downstream of Coo-
22 per Canyon Campground to the confluence with
23 Little Rock Creek, as a wild river.
24 "(E) The 1-mile segment of Buckhorn
25 Creek from 100 yards downstream of the
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1 Buckhorn Campground to its confluence with
2 Cooper Canyon Creek, as a wild river.".
3 (b) WATER RESOURCE FACILITIES; WATER USE.-
4 (1) WATER RESOURCE FACILITIES.-
5 (A) DEFINITIONS. —In this paragraph:
6 (i) WATER RESOURCE FACILITY. —The
7 term "water resource facility" means-
8 (I) an irrigation or pumping fa-
9 cility;
10 (II) a dam or reservoir;
11 (III) a flood control facility;
12 (IV) a water conservation works
13 (including a debris protection facility);
14 (V) a sediment placement site;
15 (VI) a rain gauge or stream
16 gauge;
17 (VII) a water quality facility;
18 (VIII) a recycled water facility or
19 water pumping, conveyance, or dis-
20 tribution system;
21 (IX) a water storage tank or res-
22 ervoir;
23 (X) a water treatment facility;
24 (XI) an aqueduct, canal, ditch,
25 pipeline, well, hydropower project, or
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1 transmission or other ancillary facil-
2 ity;
3 (XII) a groundwater recharge fa-
4 cility;
5 (XIII) a water filtration plant;
6
and
7
(XIV) any other water diversion,
8
conservation, storage, or carriage
9
structure.
10
(ii) WILD AND SCENIC RIVER SEG-
11
MENT.—The term "wild and scenic river
12
segment" means a component of the na-
13
tional wild and scenic rivers system des-
14
ignated by paragraph (231), (232), (233),
15
or (234) of section 3(a) of the Wild and
16
Scenic Rivers Act (16 U.S.C. 1274(a)) (as
17
added by subsection (a)).
18
(B) NO EFFECT ON EXISTING WATER RE-
19
SOURCE FACILITIES. —Nothing in this section
20
alters, modifies, or affects-
21
(i) the use, operation, maintenance,
22
repair, construction, destruction, reconfig-
23
uration, expansion, relocation, or replace-
24
ment of a water resource facility down-
25
stream of a wild and scenic river segment,
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1 subject to the condition that the physical
2 structures of such a facility or reservoir
3 shall not be located within the wild and
4 scenic river segment; or
5 (ii) access to a water resource facility
6 downstream of a wild and scenic river seg-
7 ment.
8 (C) NO EFFECT ON NEW WATER RE-
9 SOURCE FACILITIES. —Nothing in this section
10 precludes the establishment of a new water re-
11 source facility (including instream sites, routes,
12 and areas) downstream of a wild and scenic
13 river segment.
14 (2) LIMITATION. Any new reservation of water
15 or new use of water pursuant to existing water
16 rights held by the United States to advance the pur-
17 poses of the National Wild and Scenic Rivers Act
18 (16 U.S.C. 1271 et seq.) shall be for nonconsump-
19 tive instream use only within the wild and scenic
20 river segments (as defined in paragraph (1)(A)).
21 (3) EXISTING LAW. —Nothing in this section af-
22 fects the implementation of the Endangered Species
23 Act of 1973 (16 U.S.C. 1531 et seq.).
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I SEC. 7. WATER RIGHTS.
2 (a) STATUTORY CONSTRUCTION. —Nothing in this
3 Act, and no action carried out pursuant to this Act-
4 (1) constitutes an express or implied reservation
5 of any water or water right, or authorizes an expan-
6 sion of water use pursuant to existing water rights
7 held by the United States, with respect to-
8 (A) the San Gabriel Mountains National
9 Monument;
10 (B) the wilderness areas and additions des-
11 ignated by section 4; and
12 (C) the components of the national wild
13 and scenic rivers system designated by para-
14 graphs (231), (232), (233), or (234) of section
15 3(a) of the Wild and Scenic Rivers Act (16
16 U.S.C. 1274(a)) (as added by section 6(a)) and
17 land adjacent to the components;
18 (2) affects, alters, modifies, or conditions any
19 water right in the State in existence on the date of
20 enactment of this Act, including any water rights
21 held by the United States;
22 (3) establishes a precedent with respect to any
23 designation of wilderness or wild and scenic rivers
24 after the date of enactment of this Act;
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1 (4) affects, alters, or modifies the interpretation
2 of, or any designation, decision, adjudication, or ac-
3 tion carried out pursuant to, any other Act; or
4 (5) limits, alters, modifies, or amends any inter-
5 state compact or equitable apportionment decree
6 that apportions water among or between the State
7 and any other State.
8 (b) STATE WATER LAW. —The Secretary shall com-
9 ply with applicable procedural and substantive require-
10 ments under State law to obtain and hold any water rights
11 not in existence on the date of enactment of this Act with
12 respect to-
13 (1) the San Gabriel Mountains National Monu-
14 ment;
15 (2) the wilderness areas and additions des-
16 ignated by section 4; and
17 (3) the components of the national wild and
18 scenic rivers system designated by paragraphs (231),
19 (232), (233), or (234) of section 3(a) of the Wild
20 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
21 added by section 6(a)).
22 SEC. 8. REAUTHORIZATION OF EXISTING WATER FACILI-
23 TIES IN PLEASANT VIEW RIDGE WILDERNESS.
24 (a) AUTHORIZATION FOR CONTIl\UED USE. —The
25 Secretary of Agriculture may issue a special use authoriza-
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1 tion to the owners of a water transport or diversion facility
2 (in this section referred to as a "facility") located on Na-
3 tional Forest System land in the Pleasant View Ridge Wil-
4 derness for the continued operation, maintenance, and re-
5 construction of the facility if the Secretary determines
6 that-
7 (1) the facility was in existence on the date on
8 which the land upon which the facility is located was
9 designated as part of the National Wilderness Pres-
10 ervation System (in this section referred to as "the
11 date of designation");
12 (2) the facility has been in substantially contin-
13 no -as use to deliver water for the beneficial use on
14 the owner's non -Federal land since the date of des-
15 ignation;
16 (3) the owner of the facility holds a valid water
17 right for use of the water on the owner's non-Fed-
18 eral land under California State law, with a priority
19 date that predates the date of designation; and
20 (4) it is not practicable or feasible to relocate
21 the facility to land outside of the wilderness and
22 continue the beneficial use of water on the non-Fed-
23 eral land recognized under State law.
24 (b) TERMS AND CONDITIONS.
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1 (1) REQUIRED TERMS AND CONDITIONS. —In a
2 special use authorization issued under subsection
3 (a), the Secretary may-
4 (A) allow use of motorized equipment and
5 mechanized transport for operation, mainte-
6 nance, or reconstruction of a facility, if the Sec-
7 retary determines that-
8 (i) the use is the minimum necessary
9 to allow the facility to continue delivery of
10 water to the non -Federal land for the ben-
11 eficial uses recognized by the water right
12 held under California State law; and
13 (ii) the use of non -motorized equip-
14 ment and non -mechanized transport is im-
15 practicable or infeasible; and
16 (B) prohibit use of the facility for the di-
17 version or transport of water in excess of the
18 water right recognized by the State of Cali-
19 fornia on the date of designation.
20 (2) DISCRETIONARY TERMS AND CONDI-
21 TIONS.—In a special use authorization issued under
22 subsection (a), the Secretary may require or allow
23 modification or relocation of the facility in the wil-
24 derness, as the Secretary determines necessary, to
25 reduce impacts to wilderness values set forth in sec-
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1 tion 2 of the Wilderness Act (16 U.S.C. 1131) if the
2 beneficial use of water on the non -Federal land is
3 not diminished.
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.AUTHENnc-..>rED 774
— GOVERN_NT
iNror.M anoN
GPO
6.h
H
118Tx CONGRESS S*1466
1ST SESSION
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
MAY 4, 2023
Mr. PADILLA (for himself, Mrs. FEINSTEIN, and Mr. PADILLA)) introduced
the following bill; which was read twice and referred to the Committee
on Energy and Natural Resources
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. BOUNDARY ADJUSTMENT.
7 Section 507(c) of the National Parks and Recreation
8 Act of 197E (16 U.S.C. 460kk(c)) is amended by striking
9 paragraph (1) and inserting the following:
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1 "(1) BOUNDARY.-
2 "(A) IN GENERAL. —The recreation area
3
shall consist of-
4
"(i) the land, water, and interests in
5
land and water generally depicted as the
6
recreation area on the map entitled `Santa
7
Monica Mountains National Recreation
8
Area and Santa Monica Mountains Zone,
9
California, Boundary Map', numbered
10
S0,047—C, and dated August 2001; and
11
"(ii) the land, water, and interests in
12
land and water, as generally depicted as
13
`Proposed Addition' on the map entitled
14
`Rim of the Valley Unit —Santa Monica
15
Mountains National Recreation Area',
16
numbered 63S/147,723, and dated April
17 2023.
18 "(B) AVAILABILITY OF MAPS. —The maps
19 described in subparagraph (A) shall be on file
20 and available for public inspection in the appro-
21 priate offices of the National Park Service.
22 "(C) REVISIONS. After advising the Com-
23 mittee on Energy and Natural Resources of the
24 Senate and the Committee on Natural Re-
25 sources of the House of Representatives, in
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1 writing, of the proposed revision, the Secretary
2 may make minor revisions to the boundaries of
3 the recreation area by publication of a revised
4 drawing or other boundary description in the
5 Federal Register.".
6 SEC. 3. ADMINISTRATION.
7 Any land or interest in land acquired by the Secretary
8 of the Interior within the Rim of the Valley Unit shall
9 be administered as part of the Santa Monica Mountains
10 National Recreation Area (referred to in this Act as the
11 "National Recreation Area") in accordance with the laws
12 (including regulations) applicable to the National Recre-
13 ation Area.
14 SEC. 4. UTILITIES AND WATER RESOURCE FACILITIES.
15 The addition of the Rim of the Valley Unit to the
16 National Recreation Area shall not affect the operation,
17 maintenance, or modification of water resource facilities
18 or public utilities within the Rim of the Valley Unit, except
19 that any utility or water resource facility activities in the
20 Rim of the Valley Unit shall be conducted in a manner
21 that reasonably avoids or reduces the impact of the activi-
22 ties on resources of the Rim of the Valley Unit.
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.AUTHENnc-..>rED 774
— GOVERN_NT
iNror.M anoN
GPO
H
118Tx CONGRESS S*1776
1ST SESSION
To provide for the protection of and investment in certain Federal land
in the State of California, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 31 (legislative day, MAY 30), 2023
Mr. PADILLA (for himself and Mrs. FEINSTEIN) introduced the following bill,
which was read twice and referred to the Committee on Energy and Nat-
ural Resources
A BILL
To provide for the protection of and investment in certain
Federal land in the State of California, 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; TABLE OF CONTENTS.
4 (a) SHORT TITLE. —This Act may be cited as the
5 "Protecting Unique and Beautiful Landscapes by Invest-
6 ing in California Lands Act" or the "PUBLIC Lands
7 Act" .
8 (b) TABLE OF CONTENTS. —The table of contents for
9 this Act is as follows:
2
Sec. 1. Short title; table of contents.
TITLE I -NORTHWEST CALIFORNIA WILDERNESS, RECREATION,
AND WORKING FORESTS
Sec. 101. Definitions.
Subtitle A Restoration and Economic Development
Sec. 111. South Fork Trinity -Mad River Restoration Area.
Sec. 112. Redwood National and State Parks restoration.
Sec. 113. California Public Land Remediation Partnership.
Sec. 114. Trinity Lake visitor center.
Sec. 115. Del Norte County visitor center.
Sec. 116. Land and resource management plans.
Sec. 117. Annual fire management plans.
Sec. 118. Study; partnerships related to overnight accommodations.
Subtitle B-Recreation
Sec. 121. Horse Mountain Special Management Area.
Sec. 122. Bigfoot National Recreation Trail.
Sec. 123. Elk Camp Ridge Recreation Trail.
Sec. 124. Trinity Lake Trail.
Sec. 125. Trails study.
Sec. 126. Construction of mountain bicycling routes.
Sec. 127. Partnerships.
Subtitle C-Conservation
Sec. 131. Designation of wilderness.
Sec. 132. Administration of wilderness.
Sec. 133. Designation of potential wilderness.
Sec. 134. Designation of wild and scenic rivers.
Sec. 135. Sanhedrin Special Conservation Management Area.
Sec. 136. Release of wilderness study area.
Subtitle D-Miscellaneous
Sec. 141. Maps and legal descriptions.
Sec. 142. Updates to land and resource management plans.
Sec. 143. Pacific Gas and Electric Company utility facilities and rights -of -way.
TITLE H-CENTRAL COAST HERITAGE PROTECTION
Sec. 201. Definitions.
Sec. 202. Designation of wilderness.
Sec. 203. Designation of the Machesna Mountain Potential Wilderness.
Sec. 204. Administration of wilderness.
Sec. 205. Designation of Wild and Scenic Rivers.
Sec. 206. Designation of the Fox Mountain Potential Wilderness.
Sec. 207. Designation of scenic areas.
Sec. 208. Condor National Scenic Trail.
Sec. 209. Forest Service study.
Sec. 210. Nonmotorized recreation opportunities.
Sec. 211. Use by members of Indian Tribes.
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TITLE III—SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS
PROTECTION
Sec. 301. Definitions.
Sec. 302. National monument boundary modification.
Sec. 303. Designation of wilderness areas and additions.
Sec. 304. Administration of wilderness areas and additions.
Sec. 305. Designation of wild and scenic rivers.
Sec. 306. Water rights.
Sec. 307. Reauthorization of existing water facilities in Pleasant View Ridge
Wilderness.
1 TITLE I -NORTHWEST CALI-
2 FORNIA WILDERNESS, RECRE-
3 ATION, AND WORKING FOR-
4 ESTS
5 SEC. 101. DEFINITIONS.
6 In this title:
7 (1) SECRETARY. —The term "Secretary"
8 means-
9 (A) With respect to land under the jurisdic-
10 tion of the Secretary of Agriculture, the Sec-
11 retary of Agriculture; and
12 (B) With respect to land under the jurisdic-
13 tion of the Secretary of the Interior, the Sec-
14 retary of the Interior.
15 (2) STATE. —The term "State" means the State
16 of California.
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1 Subtitle A —Restoration and
2 Economic Development
3 SEC. 111. SOUTH FORK TRINITY -MAD RIVER RESTORATION
4 AREA.
5 (a) DEFINITIONS. —In this section:
6 (1) COLLABORATIVELY DEVELOPED. —The term
7 "collaboratively developed" means, with respect to a
8 restoration project, the development and implemen-
9 tation of the restoration project through a collabo-
10 rative process that-
11 (A) includes-
12 (i) appropriate Federal, State, and
13 local agencies; and
14 (ii) multiple interested persons rep-
15 resenting diverse interests; and
16 (B) is transparent and nonexclusive.
17 (2) PLANTATION. —The term "plantation"
18 means a forested area that has been artificially es-
19 tablished by planting or seeding.
20 (3) RESTORATION. —The term "restoration"
21 means the process of assisting the recovery of an
22 ecosystem that has been degraded, damaged, or de-
23 stroyed by establishing the composition, structure,
24 pattern, and ecological processes necessary to facili-
25 tate terrestrial and aquatic ecosystem sustainability,
•S 1776 IS
5
1 resilience, and health under current and future con-
2 ditions.
3 (4) RESTORATION AREA. —The term "restora-
4 tion area" means the South Fork Trinity -Mad River
5 Restoration Area established by subsection (b).
6 (5) SHADED FUEL, BREAK. —The term "shaded
7 fuel break" means a vegetation treatment that-
8 (A) effectively addresses all slash gen-
9 erated by a project; and
10 (B) retains, to the maximum extent prac-
11 ticable-
12 (i) adequate canopy cover to suppress
13 plant regrowth in the forest understory fol-
14 lowing treatment;
15 (ii) the longest living trees that pro-
16 vide the most shade over the longest period
17 of time;
18 (iii) the healthiest and most vigorous
19 trees with the greatest potential for crown
20 growth in-
21 (I) plantations; and
22 (II) natural stands adjacent to
23 plantations; and
24 (iv) mature hardwoods.
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1 (6) STEWARDSHIP CONTRACT. —The term
2 "stewardship contract" means an agreement or con-
3 tract entered into under section 604 of the Healthy
4 Forests Restoration Act of 2003 (16 U.S.C. 6591c).
5 (7) WILDLAND-URBAN INTERFACE. —The term
6 "wildland-urban interface" has the meaning given
7 the term in section 101 of the Healthy Forests Res-
8 toration Act of 2003 (16 U.S.C. 6511).
9 (b) ESTABLISHMENT. —Subject to valid existing
10 rights, there is established the South Fork Trinity -Mad
11 River Restoration Area, comprising approximately
12 S71,414 acres of Federal land administered by the Forest
13 Service and the Bureau of Land Management, as gen-
14 erally depicted on the map entitled "South Fork Trinity-
15 Mad River Restoration Area" and dated May 15, 2020.
16 (c) PURPOSES. —The purposes of the restoration area
17 are-
18 (1) to establish, restore, and maintain fire-resil-
19 Tent late successional forest structures characterized
20 by large trees and multistoried canopies, as eco-
21 logically appropriate, in the restoration area;
22 (2) to protect late successional reserves in the
23 restoration area;
24 (3) to enhance the restoration of Federal land
25 in the restoration area;
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7
1 (4) to reduce the threat posed by wildfires to
2 communities in or in the vicinity of the restoration
3 area;
4 (5) to protect and restore aquatic habitat and
5 anadromous fisheries;
6 (6) to protect the quality of water within the
7 restoration area; and
8 (7) to allow visitors to enjoy the scenic, rec-
9 rational, natural, cultural, and wildlife values of the
10 restoration area.
11 (d) MANAGEMENT.-
12 (1) IN GENERAL. —The Secretary shall manage
13 the restoration area-
14 (A) in a manner-
15 (i) consistent with the purposes de-
16 scribed in subsection (c); and
17 (ii) in the case of the Forest Service,
18 that prioritizes the restoration of the res-
19 toration area over other nonemergency
20 vegetation management projects on the
21 portions of the Six Rivers and Shasta-
22 Trinity National Forests in Humboldt and
23 Trinity Counties, California;
24 (B) in accordance with an agreement en-
25 tered into by the Chief of the Forest Service
•S 1776 IS
n
1 and the Director of the United States Fish and
2 Wildlife Service-
3 (i) for cooperation to ensure the time-
4
ly consultation required under section 7 of
5
the Endangered Species Act of 1973 (16
6
U.S.C. 1536) on restoration projects with-
7
in the restoration area; and
8
(ii) to maintain and exchange infor-
9
mation on planning schedules and prior-
10
ities with respect to the restoration area on
11
a regular basis;
12
(C) in accordance with-
13
(i) the laws (including regulations)
14
and rules applicable to the National Forest
15
System, with respect to land managed by
16
the Forest Service;
17
(ii) the Federal Land Policy and Man-
18
agement Act of 1976 (43 U.S.C. 1701 et
19
seq.), with respect to land managed by the
20
Bureau of Land Management;
21
(iii) this title; and
22
(iv) any other applicable law (includ-
23
ing regulations); and
24
(D) in a manner consistent with congres-
25
sional intent that consultation for restoration
•S 1776 IS
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1
projects within the restoration area be com-
2
pleted in a timely and efficient manner.
3
(2) CONFLICT OF LAWS.-
4
(A) IN GENERAL. —The establishment of
5
the restoration area shall not modify the man-
6
agement status of any land or water that is
7
designated as a component of the National Wil-
8
derness Preservation System or the National
9
Wild and Scenic Rivers System, including land
10
or water designated as a component of the Na-
ll
tional Wilderness Preservation System or the
12
National Wild and Scenic Rivers System by this
13
title (including an amendment made by this
14
title).
15
(B) RESOLUTION OF CONFLICT. —If there
16
is a conflict between a law applicable to a com-
17 ponent described in subparagraph (A) and this
18 section, the more restrictive provision shall con-
19 trol.
20 (3) USES.-
21 (A) IN GENERAL. —The Secretary shall
22 only allow uses of the restoration area that the
23 Secretary determines would further the pur-
24 poses described in subsection (c).
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1
(B) PRIORITY. —The Secretary shall give
2
priority to restoration activities within the res-
3
toration area.
4
(C) LIMITATION. —Nothing in this section
5
limits the ability of the Secretary to plan, ap-
6
prove, or prioritize activities outside of the res-
7
toration area.
8
(4) WILDLAND FIRE.-
9
(A) IN GENERAL. —Nothing in this section
10
prohibits the Secretary, in cooperation with
11
Federal, State, and local agencies, as appro-
12
priate, from conducting wildland fire operations
13
in the restoration area, consistent with the pur-
14
poses of this section.
15
(B) PRIORITY. —To the maximum extent
16
practicable, the Secretary may use prescribed
17
burning and managed wildland fire to achieve
18 the purposes of this section.
19 (5) LOAD DECOMMISSIONING.-
20 (A) DEFINITION OF DECOMMISSION. —In
21 this paragraph, the term "decommission"
22 means, with respect to a road-
23 (i) to reestablish vegetation on the
24 road; and
•S 1776 IS
11
1 (ii) to restore any natural drainage,
2 watershed function, or other ecological
3 process that is disrupted or adversely im-
4 pacted by the road by removing or
5 hydrologically disconnecting the road
6
prism.
7
(B) DECOMMISSIONING. —To the maximum
8
extent practicable, the Secretary shall decom-
9
mission any unneeded National Forest System
10
road or any unauthorized road identified for de-
ll
commissioning within the restoration area-
12
(i) subject to appropriations;
13
(ii) consistent with the analysis re-
14
quired under subparts A and B of part
15
212 of title 36, Code of Federal Regula-
16
tions (or successor regulations); and
17
(iii) in accordance with existing law.
18
(C) ADDITIONAL REQUIREMENT. —In mak-
19
ing determinations with respect to the decom-
20
missioning of a road under subparagraph (B),
21
the Secretary shall consult with-
22
(i) appropriate State, Tribal, and local
23
governmental entities; and
24
(ii) members of the public.
25
(6) VEGETATION MANAGEMENT.—
•S 1776 IS
12
1
(A) IN GENERAL. —Subject to subpara-
2
graphs (B), (C), and (D), the Secretary may
3
carry out any vegetation management projects
4
in the restoration area that the Secretary deter-
5
mines to be necessary-
6
(i) to maintain or restore the charac-
7
teristics of ecosystem composition and
8
structure;
9
(ii) to reduce wildfire risk to the com-
10
munity by promoting forests that are fire
11
resilient;
12
(iii) to improve the habitat of threat-
13
ened species, endangered species, or sen-
14
sitive species;
15
(iv) to protect or improve water qual-
16
ity; or
17 (v) to enhance the restoration of land
18 within the restoration area.
19 (B) ADDITIONAL REQUIREMENTS.-
20 (i) SHADED FUEL BREAKS. —In car-
21 rying out subparagraph (A), the Secretary
22 shall prioritize, as practicable, the estab-
23 lishment in the restoration area of a net-
24 work of shaded fuel breaks within—
•S 1776 IS
13
1 (I) any portion of the wildland-
2 urban interface that is within 150 feet
3
of private property contiguous to Fed-
4
eral land;
5
(II) on the condition that the
6
Secretary includes vegetation treat-
7
ments within a minimum of 25 feet of
8
a road that is open to motorized vehi-
9
cles as of the date of enactment of
10
this Act if practicable, feasible, and
11
appropriate as part of any shaded fuel
12
break-
13
(aa) 150 feet of the road; or
14
(bb) as topography or other
15
conditions require, 275 feet of
16
the road, if the combined total
17
width of the shaded fuel breaks
18 for both sides of the road does
19 not exceed 300 feet; or
20 (III) 150 feet of any plantation.
21 (ii) PLANTATIONS; RIPARIAN RE-
22 SERVES. —The Secretary may carry out
23 vegetation management projects-
24 (I) in an area within the restora-
25 tion area in which a fish or wildlife
•S 1776 IS
14
1
habitat is significantly compromised
2
as a result of past management prac-
3
tices (including plantations); and
4
(II) in designated riparian re-
5
serves in the restoration area, as the
6
Secretary determines to be nec-
7
essary-
8
(aa) to maintain the integ-
9
rity of fuel breaks; or
10
(bb) to enhance fire resil-
11
ience.
12
(C) APPLICABLE LAW. —The Secretary
13
shall carry out vegetation management projects
14
in the restoration area-
15
(i) in accordance with-
16
(I) this section; and
17
(II) applicable law (including reg-
18
ulations);
19
(ii) after providing an opportunity for
20
public comment; and
21
(iii) subject to appropriations.
22
(D) BEST AVAILABLE SCIENCE. —The Sec-
23
retary shall use the best available science in
24
planning and carrying out vegetation manage-
25
ment projects in the restoration area.
•S 1776 IS
15
1 (7) GRAZING.-
2 (A) EXISTING GRAZING. —The grazing of
3 livestock in the restoration area, where estab-
4 lished before the date of enactment of this Act,
5 shall be permitted to continue-
6 (i) subject to such reasonable regula-
7 tions, policies, and practices as the Sec-
8 retary considers to be necessary;
9 (ii) in accordance with applicable law
10 (including regulations); and
11 (iii) in a manner consistent with the
12 purposes described in subsection (c).
13 (B) TARGETED NEW GRAZING. —The Sec-
14 retary may issue annual targeted grazing per-
15 mits for the grazing of livestock in an area of
16 the restoration area in which the grazing of
17 livestock is not authorized before the date of en-
18 actment of this Act to control noxious weeds,
19 aid in the control of wildfire within the
20 wildland-urban interface, or provide other eco-
21 logical benefits-
22 (i) subject to such reasonable regula-
23 tions, policies, and practices as the Sec-
24 retary considers to be necessary; and
•S 1776 IS
16
1 (ii) in a manner consistent with the
2 purposes described in subsection (c).
3 (C) BEST AVAILABLE SCIENCE. —The Sec-
4 retary shall use the best available science in de-
5 termining whether to issue targeted grazing
6 permits under subparagraph (B) within the res-
7 toration area.
8 (e) WITHDRAWAL. —Subject to valid existing rights,
9 the restoration area is withdrawn from-
10 (1) all forms of entry, appropriation, and dis-
11 posal under the public land laws;
12 (2) location, entry, and patent under the mining
13 laws; and
14 (3) disposition under all laws relating to min-
15 eral and geothermal leasing or mineral materials.
16 (f) USE OF STEWARDSHIP CONTRACTS. —To the
17 maximum extent practicable, the Secretary shall-
18 (1) use stewardship contracts to carry out this
19 section; and
20 (2) use revenue derived from stewardship con-
21 tracts under paragraph (1) to carry out restoration
22 and other activities within the restoration area, in-
23 eluding staff and administrative costs to support
24 timely consultation activities for restoration projects.
•S 1776 IS
17
1 (g) COLLABORATION. —In
developing
and
carrying
2 out restoration projects in the
restoration
area,
the Sec-
3 retary shall consult with collaborative groups with an in-
4 terest in the restoration area.
5 (h) ENVIRONMENTAL REVIEW. —A collaboratively de-
6 veloped restoration project within the restoration area may
7 be carried out in accordance with the provisions for haz-
8 ardous fuel reduction projects in sections 104, 105, and
9 106 of the Healthy Forests Restoration Act of 2003 (16
10 U.S.C. 65141 65151 6516), as applicable.
11 (i) MULTIPARTY MONITORING. —The Secretary of
12 Agriculture shall-
13
(1)
in collaboration
with the
Secretary of the
14
Interior
and interested
persons,
use a multiparty
15 monitoring, evaluation, and accountability process to
16
assess the positive or negative ecological,
social,
and
17
economic effects of restoration projects
within
the
18 restoration area; and
19 (2) incorporate the monitoring results into the
20 management of the restoration area.
21 0) AVAILABLE AUTHORITIES. —The Secretary shall
22 use any available authorities to secure the funding nec-
23 essary to fulfill the purposes of the restoration area.
24 (k) FOREST RESIDUES UTILIZATION.—
•S 1776 IS
18
1 (1) IN GENERAL. —In accordance with applica-
2 ble law (including regulations) and this section, the
3 Secretary may use forest residues from restoration
4 projects, including shaded fuel breaks, in the res-
5 toration area for research and development of
6 biobased products that result in net carbon seques-
7 tration.
8 (2) PARTNERSHIPS. —In carrying out para-
9 graph (1), the Secretary may enter into partnerships
10 with institutions of higher education, nongovern-
11 mental organizations, industry, Tribes, and Federal,
12 State, and local governmental agencies.
13 SEC. 112. REDWOOD NATIONAL AND STATE PARKS RES-
14 TORATION.
15 (a) PARTNERSHIP AGREEMENTS. —The Secretary of
16 the Interior may carry out initiatives to restore degraded
17 redwood forest ecosystems in Redwood National and State
18 Parks in partnership with the State, local agencies, and
19 nongovernmental organizations.
20 (b) APPLICABLE LAw.—In carrying out an initiative
21 under subsection (a), the Secretary of the Interior shall
22 comply with applicable law.
23 SEC. 113. CALIFORNIA PUBLIC LAND REMEDIATION PART-
24 NERSHIP.
25 (a) DEFINITIONS. —In this section:
•S 1776 IS
19
1 (1) PARTNERSHIP. —The term "partnership"
2 means the California Public Land Remediation Part-
3 nership established by subsection (b).
4 (2) PRIORITY LAND. —The term "priority land"
5 means Federal land in the State that is determined
6 by the partnership to be a high priority for remedi-
7 ation.
8 (3) REMEDIATION.-
9 (A) IN GENERAL. —The term "remedi-
10 ation" means to facilitate the recovery of land
11 or water that has been degraded, damaged, or
12 destroyed by illegal marijuana cultivation or an-
13 other illegal activity.
14 (B) INCLUSIONS. —The term "remedi-
15 ation" includes-
16 (i) the removal of trash, debris, or
17 other material; and
18 (ii) establishing the composition,
19 structure, pattern, and ecological processes
20 necessary to facilitate terrestrial or aquatic
21 ecosystem sustainability, resilience, or
22 health under current and future conditions.
23 (b) ESTABLISHMENT. —There is established the Cali-
24 fornia Public Land Remediation Partnership.
•S 1776 IS
20
1 (c) PURPOSES. —The purposes of the partnership are
2 to support coordination of activities among Federal, State,
3 Tribal, and local authorities and the private sector in the
4 remediation of priority land in the State affected by illegal
5 marijuana cultivation or another illegal activity.
6 (d) MEMBERSHIP. —The members of the partnership
7 shall include the following:
8 (1) The Secretary of Agriculture (or a designee)
9 to represent the Forest Service.
10 (2) The Secretary of the Interior (or a des -
II ignee) to represent-
12 (A) the United States Fish and Wildlife
13 Service;
14 (B) the Bureau of Land Management; and
15 (C) the National Park Service.
16 (3) The Director of the Office of National Drug
17 Control Policy (or a designee).
18 (4) The Secretary of the State Natural Re-
19 sources Agency (or a designee) to represent the Cali-
20 fornia Department of Fish and Wildlife.
21 (5) A designee of the California State Water
22 Resources Control Board.
23 (6) A designee of the California State Sheriffs'
24 Association.
•S 1776 IS
21
1 (7) 1 member to represent federally recognized
2 Indian Tribes, to be appointed by the Secretary of
3 Agriculture.
4 (S) 1 member to represent nongovernmental or-
5 ganizations with an interest in Federal land remedi-
6 ation, to be appointed by the Secretary of Agri-
7 culture.
8 (9) 1 member to represent local governmental
9 interests, to be appointed by the Secretary of Agri-
10 culture.
11 (10) A law enforcement official from each of
12 the following:
13 (A) The Department of the Interior.
14 (B) The Department of Agriculture.
15 (11) A subject matter expert to provide exper-
16 tise and advice on methods needed for remediation
17 efforts, to be appointed by the Secretary of Agri-
18 culture.
19 (12) A designee of the National Guard
20 Counterdrug Program.
21 (13) Any other members that are determined to
22 be appropriate by the partnership.
23 (e) DUTIES. —To further the purposes of this section
24 and subject to subsection (f), the partnership shall—
•S 1776 IS
22
1 (1) identify priority land for remediation in the
2 State;
3 (2) secure voluntary contributions of resources
4 from Federal sources and non -Federal sources for
5 remediation of priority land in the State;
6 (3) support efforts by Federal, State, Tribal,
7 and local agencies and nongovernmental organiza-
8 tions in carrying out remediation of priority land in
9 the State;
10
(4)
support research and education on
the im-
11
pacts of,
and solutions to, illegal marijuana
cultiva-
12
tion and
other illegal activities on priority
land in
13 the State;
14 (5) involve other Federal, State, Tribal, and
15 local agencies, nongovernmental organizations, and
16 the public in remediation efforts on priority land in
17 the State, to the maximum extent practicable; and
18 (6) carry out any other administrative or advi-
19 sory activities necessary to address remediation of
20 priority land in the State.
21 (f) LIMITATION. —Nothing in this section limits the
22 authorities of the Federal, State, Tribal, and local entities
23 that comprise the partnership.
•S 1776 IS
23
1 (g) AUTHORIT1Es.—Subject to the prior approval of
2 the Secretary of Agriculture and consistent with applicable
3 law (including regulations), the partnership may-
4 (1) provide grants to the State, political sub-
5 divisions of the State, nonprofit organizations, and
6 other persons;
7 (2) enter into cooperative agreements with or
8 provide technical assistance to Federal agencies, the
9 State, political subdivisions of the State, nonprofit
10 organizations, and other interested persons;
11 (3) identify opportunities for collaborative ef-
12 forts among members of the partnership;
13 (4) hire and compensate staff;
14 (5) obtain funds or services from any source,
15 including-
16 (A) Federal funds (including funds and
17 services provided under any other Federal law
18 or program); and
19 (B) non -Federal funds;
20 (6) coordinate to identify sources of funding or
21 services that may be available for remediation activi-
22 ties;
23 (7) seek funds or services from any source, in-
24 cluding—
•S 1776 IS
24
1 (A) Federal funds (including funds and
2 services provided under any other Federal law
3 or program); and
4 (B) non -Federal funds; and
5 (8) support-
6 (A) activities of partners; and
7 (B) any other activities that further the
8 purposes of this section.
9 (h) PROCEDURES. —The partnership shall establish
10 any internal administrative procedures for the partnership
11 that the partnership determines to be necessary or appro-
12 priate.
13 (i) LOCAL, HIRING. —The partnership shall, to the
14 maximum extent practicable and in accordance with exist-
15 ing law, give preference to local entities and individuals
16 in carrying out this section.
17 0) SERVICE WITHOUT COMPENSATION. —A member
18 of the partnership shall serve without pay.
19 (k) DUTIES AND AUTHORITIES OF THE SECRE-
20 TARLE S.-
21 (1) IN GENERAL,. —The Secretary of Agriculture
22 shall convene the partnership on a regular basis to
23 carry out this section.
24 (2) TECHNICAL AND FINANCIAL ASSISTANCE.-
25 The Secretary of Agriculture and the Secretary of
•S 1776 IS
25
1 the Interior may provide technical and financial as-
2 sistance, on a reimbursable or nonreimbursable
3 basis, as determined to be appropriate by the Sec-
4 retary of Agriculture or the Secretary of the Inte-
5 rior, as applicable, to the partnership or any mem-
6 bers of the partnership to carry out this section.
7 (3) COOPERATIVE AGREEMENTS. —The
Sec-
retary of Agriculture and the Secretary of the Inte-
9 rior may enter into cooperative agreements with the
10 partnership, any member of the partnership, or
11 other public or private entities to provide technical,
12 financial, or other assistance to carry out this sec-
13 tion.
14 SEC. 114. TRINITY LAKE VISITOR CENTER.
15 (a) IN GENERAL. —The Secretary of Agriculture, act-
16 ing through the Chief of the Forest Service (referred to
17 in this section as the "Secretary"), may establish, in co-
18 operation with any other public or private entity that the
19 Secretary determines to be appropriate, a visitor center
20 in Weaverville, California-
21 (1) to serve visitors; and
22 (2) to assist in fulfilling the purposes of the
23 Whiskeytown-Shasta-Trinity National Recreation
24 Area.
•S 1776 IS
26
1 (b) REQUIREMENTS. —The Secretary shall ensure
2 that the visitor center authorized under subsection (a) is
3 designed to provide for the interpretation of the scenic,
4 biological, natural, historical, scientific, paleontological,
5 recreational, ecological, wilderness, and cultural resources
6 of the Whiskeytown-Shasta-Trinity National Recreation
7 Area and other Federal land in the vicinity of the visitor
8 center.
9 (c) COOPERATIVE AGREEMENTS. —In a manner con-
10 sistent with this section, the Secretary may enter into co-
11 operative agreements with the State and any other appro-
12 priate institutions and organizations to carry out the pur-
13 poses of this section.
14 SEC. 115. DEL NORTE COUNTY VISITOR CENTER.
15 (a) IN GENERAL. —The Secretary of Agriculture and
16 the Secretary of the Interior, acting jointly or separately
17 (referred to in this section as the "Secretaries"), may es-
18 tablish, in cooperation with any other public or private en-
19 tity that the Secretaries determine to be appropriate, a
20 visitor center in Del Norte County, California-
21 (1) to serve visitors; and
22 (2) to assist in fulfilling the purposes of Red-
23 wood National and State Parks, the Smith River
24 National Recreation Area, and any other Federal
25 land in the vicinity of the visitor center.
•S 1776 IS
27
1 (b) REQUIREMENTS. —The Secretaries shall ensure
2 that the visitor center authorized under subsection (a) is
3 designed to interpret the scenic, biological, natural, histor-
4 ical, scientific, paleontological, recreational, ecological, wil-
5 derness, and cultural resources of Redwood National and
6 State Parks, the Smith River National Recreation Area,
7 and any other Federal land in the vicinity of the visitor
8 center.
9 SEC. 116. LAND AND RESOURCE MANAGEMENT PLANS.
10 In revising the land and resource management plan
11 for each of the Shasta -Trinity, Six Rivers, Klamath, and
12 Mendocino National Forests, the Secretary shall consider
13 the purposes of the South Fork Trinity -Mad River Res-
14 toration Area established by section 111(b).
15 SEC. 117. ANNUAL FIRE MANAGEMENT PLANS.
16 In revising the fire management plan for a wilderness
17 area or wilderness addition designated by section 131(a),
18 the Secretary shall-
19 (1) develop spatial fire management plans in
20 accordance with-
21 (A) the Guidance for Implementation of
22 Federal Wildland Fire Management Policy,
23 dated February 13, 2009, including any amend-
24 ments to the guidance; and
25 (B) other appropriate policies;
•S 1776 IS
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1 (2) ensure that a fire management plan-
2 (A) considers how prescribed or managed
3 fire can be used to achieve ecological manage-
4 ment objectives of wilderness and other natural
5 or primitive areas; and
6 (B) in the case of a wilderness area to
7 which land is added under section 131, provides
8 consistent direction regarding fire management
9 to the entire wilderness area, including the wil-
10 derness addition;
11 (3) consult with-
12 (A) appropriate State, Tribal, and local
13 governmental entities; and
14 (B) members of the public; and
15 (4) comply with applicable law (including regu-
16 lations) .
17 SEC. 118. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
18 ACCOMMODATIONS.
19 (a) STtivv.—The Secretary of the Interior (referred
20 to in this section as the "Secretary"), in consultation with
21 interested Federal, State, Tribal, and local entities and
22 private and nonprofit organizations, shall conduct a study
23 to evaluate the feasibility and suitability of establishing
24 overnight accommodations near Redwood National and
25 State Parks on—
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1 (1) Federal land that is-
2 (A) at the northern boundary of Redwood
3 National and State Parks; or
4 (B) on land within 20 miles of the north-
5 ern boundary of Redwood National and State
6 Parks; and
7 (2) Federal land that is-
8 (A) at the southern boundary of Redwood
9 National and State Parks; or
10 (B) on land within 20 miles of the south-
11 ern boundary of Redwood National and State
12 Parks.
13 (b) PARTNERSHIPS.-
14 (1) AGREEMENTS AUTHORIZED. —If the Sec-
15 retary determines, based on the study conducted
16 under subsection (a), that establishing the accom-
17 modations described in that subsection is suitable
18 and feasible, the Secretary may, in accordance with
19 applicable law, enter into 1 or more agreements with
20 qualified private and nonprofit organizations for the
21 development, operation, and maintenance of the ac-
22 commodations.
23 (2) CONTENTS. Any agreement entered into
24 under paragraph (1) shall clearly define the role and
•S 1776 IS
30
1 responsibility of the Secretary and the private or
2 nonprofit organization entering into the agreement.
3 (3) EFFECT. —Nothing in this subsection-
4 (A) reduces or diminishes the authority of
5 the Secretary to manage land and resources
6 under the jurisdiction of the Secretary; or
7 (B) amends or modifies the application of
8 any law (including regulations) applicable to
9 land under the jurisdiction of the Secretary.
10 Subtitle B—Recreation
11 SEC. 121. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
12 (a) ESTABLISHMENT. —Subject to valid existing
13 rights, there is established the Horse Mountain Special
14 Management Area (referred to in this section as the "spe-
15 cial management area") comprising approximately 7,4S2
16 acres of Federal land administered by the Forest Service
17 in Humboldt County, California, as generally depicted on
18 the map entitled "Horse Mountain Special Management
19 Area" and dated May 15, 2020.
20 (b) PURPOSE. —The purpose of the special manage-
21 ment area is to enhance the recreational and scenic values
22 of the special management area while conserving the
23 plants, wildlife, and other natural resource values of the
24 area.
25 (c) MANAGEMENT PLAN.
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1 (1) IN GENERAL. —Not later than 5 years after
2 the date of enactment of this Act and in accordance
3 with paragraph (2), the Secretary of Agriculture (re-
4 ferred to in this section as the "Secretary") shall de-
5 velop a comprehensive plan for the long-term man-
6 agement of the special management area.
7 (2) CONSULTATION. —In developing the man-
8 agement plan required under paragraph (1), the
9 Secretary shall consult with-
10 (A) appropriate State, Tribal, and local
11 governmental entities; and
12 (B) members of the public.
13 (3) ADDITIONAL REQUIREMENT. —The manage-
14 ment plan required under paragraph (1) shall ensure
15 that recreational use within the special management
16 area does not cause significant adverse impacts on
17 the plants and wildlife of the special management
18 area.
19 (d) MANAGEMENT.-
20 (1) IN GENERAL. —The Secretary shall manage
21 the special management area-
22 (A) in furtherance of the purpose described
23 in subsection (b); and
24 (B) in accordance with—
•S 1776 IS
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1 (i) the laws (including regulations)
2 generally applicable to the National Forest
3 System;
4 (ii) this section; and
5 (iii) any other applicable law (includ-
6 ing regulations).
7 (2) RECREATION. —The Secretary shall con-
8 tinue to authorize, maintain, and enhance the rec-
9 rational use of the special management area, in-
10 eluding hunting, fishing, camping, hiking, hang glid-
11 ing, sightseeing, nature study, horseback riding,
12 rafting, mountain bicycling, motorized recreation on
13 authorized routes, and other recreational activities,
14 if the recreational use is consistent with-
15 (A) the purpose of the special management
16 area;
17 (B) this section;
18 (C) other applicable law (including regula-
19 tions); and
20 (D) any applicable management plans.
21 (3) MOTORIZED VEHICLES.-
22 (A) IN GENERAL. —Except as provided in
23 subparagraph (B), the use of motorized vehicles
24 in the special management area shall be per-
•S 1776 IS
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1
mitted only on roads and trails designated for
2
the use of motorized vehicles.
3
(B) USE OF SNOWMOBILES. —The winter
4
use of snowmobiles shall be allowed in the spe-
5
cial management area-
6
(i) during periods of adequate snow
7
coverage during the winter season; and
8
(ii) subject to any terms and condi-
9
tions determined to be necessary by the
10
Secretary.
11
(4) NEW TRAILS.-
12
(A) IN GENERAL. —The Secretary may
13
construct new trails for motorized or non-
14
motorized recreation within the special manage-
15
ment area in accordance with-
16
(i) the laws (including regulations)
17
generally applicable to the National Forest
18
System;
19
(ii) this section; and
20
(iii) any other applicable law (includ-
21
ing regulations).
22
(B) PRIORITY. —In establishing new trails
23
within the special management area, the Sec-
24
retary shall—
•S 1776 IS
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1 (i) prioritize the establishment of
2 loops that provide high -quality, diverse rec-
3 rational experiences; and
4 (ii) consult with members of the pub-
5 lie.
6 (e) WITHDRAWAL. —Subject to valid existing rights,
7 the special management area is withdrawn from-
8 (1) all forms of appropriation or disposal under
9 the public land laws;
10 (2) location, entry, and patent under the mining
11 laws; and
12 (3) disposition under laws relating to mineral
13 and geothermal leasing.
14 SEC. 122. BIGFOOT NATIONAL RECREATION TRAIL.
15 (a) FEASIBILITY STUDY.-
16 (1) IN GENERAL. —Not later than 5 years after
17 the date of the enactment of this Act, the Secretary
18 of Agriculture (referred to in this section as the
19 "Secretary"), in cooperation with the Secretary of
20 the Interior, shall submit to the Committee on En-
21 ergy and Natural Resources of the Senate and the
22 Committee on Natural Resources of the House of
23 Representatives a study that describes the feasibility
24 of establishing a nonmotorized Bigfoot National
•S 1776 IS
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1 Recreation Trail that follows the route described in
2 paragraph (2).
3 (2) ROUTE. —The route referred to in para-
4 graph (1) shall extend from the Ides Cove Trailhead
5 in the Mendocino National Forest to Crescent City,
6 California, following the route as generally depicted
7 on the map entitled "Bigfoot National Recreation
8 Trail —Proposed" and dated July 25, 2018.
9 (3) ADDITIONAL REQUIREMENT. —In com-
10 pleting the study required under paragraph (1), the
11 Secretary shall consult with-
12 (A) appropriate Federal, State, Tribal, re-
13 gional, and local agencies;
14 (B) private landowners;
15 (C) nongovernmental organizations; and
16 (D) members of the public.
17 (b) DESIGNATION.-
18 (1) IN GENERAL. —On a determination by the
19 Secretary that the Bigfoot National Recreation Trail
20 is feasible and meets the requirements for a Na-
21 tional Recreation Trail under section 4 of the Na-
22 tional Trails System Act (16 U.S.C. 1243), the Sec-
23 retary shall designate the Bigfoot National Recre-
24 ation Trail (referred to in this section as the "trail")
25 in accordance with—
•S 1776 IS
36
1 (A) the National Trails System Act (16
2 U.S.C. 1241 et seq.)
3 (B) this title; and
4 (C) other applicable law (including regula-
5 tions).
6 (2) ADMINISTRATION. —On designation by the
7 Secretary, the trail shall be administered by the Sec-
8 retary, in consultation with-
9 (A) other Federal, State, Tribal, regional,
10 and local agencies;
11 (B) private landowners; and
12 (C) other interested organizations.
13 (3) PRIVATE PROPERTY RIGHTS.-
14 (A) IN GENERAL. —No portions of the trail
15 may be located on non -Federal land without the
16 written consent of the landowner.
17 (B) PROHIBITION. —The Secretary shall
18 not acquire for the trail any land or interest in
19 land outside the exterior boundary of any feder-
20 ally managed area without the consent of the
21 owner of the land or interest in the land.
22 (C) EFFECT. —Nothing in this section-
23 (i) requires any private property
24 owner to allow public access (including
•S 1776 IS
1 Federal, State, or local government access)
2 to private property; or
3 (ii) modifies any provision of Federal,
4 State, or local law with respect to public
5 access to or use of private land.
6 (c) COOPERATIVE AGREEMENTS. —In carrying out
7 this section, the Secretary may enter into cooperative
8 agreements with State, Tribal, and local government enti-
9 ties and private entities-
10 (1) to complete necessary trail construction, re-
11 construction, realignment, or maintenance; or
12 (2) carry out education projects relating to the
13 trail.
14 (d) MAP.-
15 (1) MAP REQUIRED. —On designation of the
16 trail, the Secretary shall prepare a map of the trail.
17 (2) PUBLIC AVAILABILITY. —The map referred
18 to in paragraph (1) shall be on file and available for
19 public inspection in the appropriate offices of the
20 Forest Service.
21 SEC. 123. ELK CAMP RIDGE RECREATION TRAIL.
22 (a) DESIGNATION.-
23 (1) IN GENERAL. —In accordance with para-
24 graph (2), the Secretary of Agriculture (referred to
25 in this section as the "Secretary"), after providing
•S 1776 IS
0001,
1 an opportunity for public comment, shall designate
2 a trail (which may include a system of trails)-
3 (A) for use by off -highway vehicles, moun-
4 tain bicycles, or both; and
5 (B) to be known as the "Elk Camp Ridge
6 Recreation Trail" (referred to in this section as
7 the "trail") .
8 (2) REQUIREMENTS. —In designating the trail
9 under paragraph (1), the Secretary shall only in-
10 elude routes that are-
11 (A) as of the date of enactment of this
12 Act, authorized for use by off -highway vehicles,
13 mountain bicycles, or both; and
14 (B) located on land that is managed by the
15 Forest Service in Del Norte County in the
16 State.
17 (3) MAP. A map that depicts the trail shall be
18 on file and available for public inspection in the ap-
19 propriate offices of the Forest Service.
20 (b) MANAGEMENT.-
21 (1) IN GENERAL. —The Secretary shall manage
22 the trail-
23 (A) in accordance with applicable law (in-
24 eluding regulations);
•S 1776 IS
39
1 (B) in a manner that ensures the safety of
2 citizens who use the trail; and
3 (C) in a manner that minimizes any dam-
4 age to sensitive habitat or cultural resources.
5 (2) MONITORING; EVALUATION. —To minimize
6 the impacts of the use of the trail on environmental
7 and cultural resources, the Secretary shall annually
8 assess the effects of the use of off -highway vehicles
9 and mountain bicycles on-
10 (A) the trail;
11 (B) land located in proximity to the trail;
12 and
13 (C) plants, wildlife, and wildlife habitat.
14 (3) CLOSURE. —The Secretary, in consultation
15 with the State and Del Norte County in the State
16 and subject to paragraph (4), may temporarily close
17 or permanently reroute a portion of the trail if the
18 Secretary determines that-
19 (A) the trail is having an adverse impact
20 on-
21 (i) wildlife habitat;
22 (ii) natural resources;
23 (iii) cultural resources; or
24 (iv) traditional uses;
25 (B) the trail threatens public safety; or
•S 1776 IS
ME
1 (C) closure of the trail is necessary-
2 (i) to repair damage to the trail; or
3 (ii) to repair resource damage.
4 (4) REROUTING. Any portion of the trail that
5 is temporarily closed by the Secretary under para-
6 graph (3) may be permanently rerouted along any
7 road or trail-
8 (A) that is-
9 (i) in existence as of the date of the
10 closure of the portion of the trail;
11 (ii) located on public land; and
12 (iii) open to motorized or mechanized
13 use; and
14 (B) if the Secretary determines that re-
15 routing the portion of the trail would not sig-
16 nificantly increase or decrease the length of the
17 trail.
18 (5) NOTICE OF AVAILABLE ROUTEs.—The Sec-
19 retary shall ensure that visitors to the trail have ac-
20 cess to adequate notice relating to the availability of
21 trail routes through-
22 (A) the placement of appropriate signage
23 along the trail; and
•S 1776 IS
ill
1 (B) the distribution of maps, safety edu-
2 cation materials, and other information that the
3 Secretary determines to be appropriate.
4 (c) EFFECT. —Nothing in this section affects the
5 ownership, management, or other rights relating to any
6 non -Federal land (including any interest in any non-Fed-
7 eral hind).
8 SEC. 124. TRINITY LAKE TRAIL.
9 (a) TRAIL CONSTRUCTION.—
10 (1) FEASIBILITY STUDY. —Not later than 3
11 years after the date of enactment of this Act, the
12 Secretary shall study the feasibility and public inter-
13 est of constructing a recreational trail for non-
14 motorized uses around Trinity Lake (referred to in
15 this section as the "trail") .
16 (2) CONSTRUCTION.-
17 (A) CONSTRUCTION AUTHORIZED.—Sub-
18 ject to appropriations, and in accordance with
19 paragraph (3), if the Secretary determines
20 under paragraph (1) that the construction of
21 the trail is feasible and in the public interest,
22 the Secretary may provide for the construction
23 of the trail.
24 (B) USE OF VOLUNTEER SERVICES AND
25 CONTRIBUTIONS. —The trail may be constructed
•S 1776 IS
42
1 under this section through the acceptance of
2 volunteer services and contributions from non-
3 Federal sources to reduce or eliminate the need
4 for Federal expenditures to construct the trail.
5 (3) COMPLIANCE. —In carrying out this section,
6 the Secretary shall comply with-
7 (A) the laws (including regulations) gen-
8 erally applicable to the National Forest System;
9 and
10 (B) this title.
11 (b) EFFECT. —Nothing in this section affects the
12 ownership, management, or other rights relating to any
13 non -Federal land (including any interest in any non-Fed-
14 eralland).
15 SEC. 125. TRAILS STUDY.
16 (a) IN GENERAL. —Not later than 3 years after the
17 date of enactment of this Act, the Secretary of Agri-
18 culture, in accordance with subsection (b) and in consulta-
19 tion with interested parties, shall conduct a study to im-
20 prove motorized and nonmotorized recreation trail oppor-
21 tunities (including mountain bicycling) on land not des-
22 ignated as wilderness within the portions of the Six Rivers,
23 Shasta -Trinity, and Mendocino National Forests located
24 in Del Norte, Humboldt, Trinity, and Mendocino Counties
25 in the State.
•S 1776 IS
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1 (b) CONSULTATION. —In carrying out the study
2 under subsection (a), the Secretary of Agriculture shall
3 consult with the Secretary of the Interior regarding oppor-
4 tunities to improve, through increased coordination, recre-
5 ation trail opportunities on land under the jurisdiction of
6 the Secretary of the Interior that shares a boundary with
7 the National Forest System land described in subsection
8 (a).
9 SEC. 126. CONSTRUCTION OF MOUNTAIN BICYCLING
10 ROUTES.
11 (a) TRAIL CONSTRUCTION.-
12 (1) FEASIBILITY STUDY. —Not later than 3
13 years after the date of enactment of this Act, the
14 Secretary of Agriculture (referred to in this section
15 as the "Secretary") shall study the feasibility and
16 public interest of constructing recreational trails for
17 mountain bicycling and other nonmotorized uses on
18 the routes as generally depicted in the report enti-
19
tled "Trail
Study for
Smith River National
Recre-
20
ation
Area
Six Rivers
National Forest" and
dated
21 2016.
22 (2) CONSTRUCTION.-
23 (A) CONSTRUCTION AUTHORIZED.—Sub-
24 ject to appropriations and in accordance with
25 paragraph (3), if the Secretary determines
•S 1776 IS
44
1 under paragraph (1) that the construction of 1
2 or more routes described in that paragraph is
3 feasible and in the public interest, the Secretary
4 may provide for the construction of the routes.
5 (B) MODIFICATIONS. —The Secretary may
6 modify the routes, as determined to be nec-
7 essary by the Secretary.
8 (C) USE OF VOLUNTEER SERVICES AND
9 CONTRIBUTIONS. —Routes may be constructed
10 under this section through the acceptance of
11 volunteer services and contributions from non-
12 Federal sources to reduce or eliminate the need
13 for Federal expenditures to construct the route.
14 (3) COMPLIANCE. —In carrying out this section,
15 the Secretary shall comply with-
16 (A) the laws (including regulations) gen-
17 erally applicable to the National Forest System;
18 and
19 (B) this title.
20 (b) EFFECT. —Nothing in this section affects the
21 ownership, management, or other rights relating to any
22 non -Federal land (including any interest in any non-Fed-
23 eral land) .
•S 1776 IS
W
I SEC. 127. PARTNERSHIPS.
2 (a) AGREEMENTS AUTHORIZED. —The Secretary may
3 enter into agreements with qualified private and nonprofit
4 organizations to carry out the following activities on Fed-
5 eral land in Mendocino, Humboldt, Trinity, and Del Norte
6 Counties in the State:
7 (1) Trail and campground maintenance.
8 (2) Public education, visitor contacts, and out-
9 reach.
10 (3) Visitor center staffing.
11 (b) CONTENTS. An agreement entered into under
12 subsection (a) shall clearly define the role and responsi-
13 bility of the Secretary and the private or nonprofit organi-
14 zation.
15 (c) COMPLIANCE. —The Secretary shall enter into
16 agreements under subsection (a) in accordance with exist-
17 ing law.
18 (d) EFFECT. —Nothing in this section-
19 (1) reduces or diminishes the authority of the
20 Secretary to manage land and resources under the
21 jurisdiction of the Secretary; or
22 (2) amends or modifies the application of any
23 existing law (including regulations) applicable to
24 land under the jurisdiction of the Secretary.
•S 1776 IS
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1 Subtitle C—Conservation
2 SEC. 131. DESIGNATION OF WILDERNESS.
3 (a) IN GENERAL. —In accordance with the Wilderness
4 Act (16 U.S.C. 1131 et seq.), the following areas in the
5 State are designated as wilderness areas and as compo-
6 nents of the National Wilderness Preservation System:
7 (1) BLACK BUTTE RIVER WILDERNESS.—Cer-
8 tain Federal land managed by the Forest Service in
9 the State, comprising approximately 11,155 acres,
10 as generally depicted on the map entitled "Black
11 Butte Wilderness —Proposed" and dated May 15,
12 2020, which shall be known as the "Black Butte
13 River Wilderness"
14 (2) CHANCHELULLA WILDERNESS ADDI-
15 TIONS.—Certain Federal land managed by the For-
16 est Service in the State, comprising approximately
17 6,382 acres, as generally depicted on the map enti-
18 tled "Chanchelulla Wilderness Additions —Proposed"
19 and dated May 15, 2020, which is incorporated in,
20 and considered to be a part of, the Chanchelulla Wil-
21 derness designated by section 101(a)(4) of the Cali-
22 fornia Wilderness Act of 1984 (16 U.S.C. 1132
23 note; Public Law 98-425; 98 Stat. 1619).
24 (3) CHINQUAPIN WILDERNESS. —Certain Fed-
25 eral land managed by the Forest Service in the
•S 1776 IS
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1 State, comprising approximately 27,164 acres, as
2 generally depicted on the map entitled "Chinquapin
3 Wilderness —Proposed" and dated May 15, 2020,
4 which shall be known as the "Chinquapin Wilder-
5 ness".
6 (4) ELKHORN RIDGE WILDERNESS ADDITION.-
7 Certain Federal land managed by the Bureau of
8 Land Management in the State, comprising approxi-
9 mately 37 acres, as generally depicted on the map
10 entitled "Proposed Elkhorn Ridge Wilderness Addi-
11 tions" and dated February 2, 2022, which is incor-
12 porated in, and considered to be a part of, the Elk-
13 horn Ridge Wilderness designated by section 6(d) of
14 the Northern California Coastal Wild Heritage Wil-
15 derness Act (16 U.S.C. 1132 note; Public Law 109-
16 362; 120 Stat. 2070).
17 (5) ENGLISH RIDGE WILDERNESS. —Certain
18 Federal land managed by the Bureau of Land Man-
19 agement in the State, comprising approximately
20 6,204 acres, as generally depicted on the map enti-
21 tled "English Ridge Wilderness —Proposed" and
22 dated February 2, 2022, which shall be known as
23 the "English Ridge Wilderness".
24 (6) HEADWATERS FOREST WILDERNESS.—Cer-
25 tain Federal land managed by the Bureau of Land
•S 1776 IS
48
1 Management in the State, comprising approximately
2 4,360 acres, as generally depicted on the map enti-
3 tled "Headwaters Forest Wilderness —Proposed"
4 and dated October 15, 2019, which shall be known
5 as the "Headwaters Forest Wilderness".
6 (7) MAD RIVER BUTTES WILDERNESS. —Certain
7 Federal land managed by the Forest Service in the
8 State, comprising approximately 6,097 acres, as gen-
9 erally depicted on the map entitled "Mad River
10 Buttes Wilderness —Proposed" and dated May 15,
11 2020, which shall be known as the "Mad River
12 Buttes Wilderness".
13 (8) MOUNT LASSIC WILDERNESS ADDITION.
14 Certain Federal land managed by the Forest Service
15 in the State, comprising approximately 1,288 acres,
16 as generally depicted on the map entitled "Mt.
17 Lassie Wilderness Additions —Proposed" and dated
18
May 15,
2020, which is incorporated in,
and consid-
19
ered to
be a part of, the Mount Lassie
Wilderness
20 designated by section 3 (6) of the Northern Cali-
21 fornia Coastal Wild Heritage Wilderness Act (16
22 U.S.C. 1132 note; Public Law 109-362; 120 Stat.
23 2065).
24 (9) NORTH FORK WILDERNESS ADDITION.
25 Certain Federal land managed by the Forest Service
•S 1776 IS
49
1 and the Bureau of Land Management in the State,
2 comprising approximately 16,342 acres, as generally
3 depicted on the map entitled "North Fork Eel Wil-
4 derness Additions" and dated May 15, 2020, which
5 is incorporated in, and considered to be a part of,
6 the North Fork Wilderness designated by section
7 101(a)(19) of the California Wilderness Act of 19S4
8 (16 U.S.C. 1132 note; Public Law 9S-425; 9S Stat.
9 1621).
10 (10) PATTISON WILDERNESS. —Certain Federal
11 land managed by the Forest Service in the State,
12 comprising approximately 29,451 acres, as generally
13 depicted on the map entitled "Pattison Wilderness-
14 Proposed" and dated May 15, 2020, which shall be
15 known as the "Pattison Wilderness".
16 (11) SIS=OU WILDERNESS ADDITION.—Cer-
17 tain Federal land managed by the Forest Service in
18 the State, comprising approximately 23,913 acres,
19 as generally depicted on the maps entitled "Siskiyou
20 Wilderness Additions —Proposed (North)" and
21 "Siskiyou Wilderness Additions —Proposed (South)"
22 and dated May 15, 2020, which is incorporated in,
23 and considered to be a part of, the Siskiyou Wilder-
24 ness, as designated by section 101(a)(30) of the
•S 1776 IS
50
1 California Wilderness Act of 1984 (16 U.S.C. 1132
2 note; Public Law 98-425; 98 Stat. 1623).
3 (12) SOUTH FORK EEL RIVER WILDERNESS AD-
4 DITION.—Certain Federal land managed by the Bu-
5 reau of Land Management in the State, comprising
6 approximately 603 acres, as generally depicted on
7 the map entitled "South Fork Eel River Wilderness
8 Additions —Proposed" and dated October 24, 2019,
9 which is incorporated in, and considered to be a part
10 of, the South Fork Eel River Wilderness designated
11 by section 3 (10) of the Northern California Coastal
12 Wild Heritage Wilderness Act (16 U.S.C. 1132 note;
13 Public Law 109-362; 120 Stat. 2066).
14 (13) SOUTH FORK TRINITY RIVER WILDER-
15 NEss.—Certain Federal land managed by the Forest
16 Service in the State, comprising approximately
17 26,115 acres, as generally depicted on the map enti-
18 tled "South Fork Trinity River Wilderness Addi-
19
tions—Proposed"
and
dated May 15,
2020,
which
20
shall
be known as the
"South Fork
Trinity
River
21 Wilderness".
22 (14) TRINITY ALPS WILDERNESS ADDITION.-
23 Certain Federal land managed by the Forest Service
24 in the State, comprising approximately 61,187 acres,
25 as generally depicted on the maps entitled "Trinity
•S 1776 IS
51
1 Alps Proposed Wilderness Additions EAST" and
2 "Trinity Alps Wilderness Additions West—Pro-
3 posed" and dated May 15, 2020, which is incor-
4 porated in, and considered to be a part of, the Trin-
5 ity Alps Wilderness designated by section 101(a)(34)
6 of the California Wilderness Act of 19S4 (16 U.S.C.
7 1132 note; Public Law 9 S-42 5; 9 S Stat. 1623).
8 (15) UNDERWOOD WILDERNESS. —Certain Fed-
9 eral land managed by the Forest Service in the
10 State, comprising approximately 15,06S acres, as
11 generally depicted on the map entitled "Underwood
12 Wilderness —Proposed" and dated May 15, 2020,
13 which shall be known as the "Underwood Wilder-
14 ness".
15 (16) YOLLA BOLLY-MIDDLE EEL WILDERNESS
16 ADDITIONS. —Certain Federal land managed by the
17 Forest Service and the Bureau of Land Management
18 in the State, comprising approximately 11,243 acres,
19 as generally depicted on the maps entitled "Yolla
20 Bolly Wilderness Proposed —NORTH", "Yolla Bolly
21 Wilderness Proposed —SOUTH", and "Yolla Bolly
22 Wilderness Proposed —WEST" and dated May 15,
23 2020, which is incorporated in, and considered to be
24 a part of, the Yolla Bolly-Middle Eel Wilderness des-
•S 1776 IS
52
1 ignated by section 3 of the Wilderness Act (16
2 U.S.C. 1132).
3 (17) YUKI WILDERNESS ADDITION. —Certain
4 Federal land managed by the Forest Service and the
5 Bureau of Land Management in the State, com-
6 prising approximately 11,076 acres, as generally de-
1 picted on the map entitled "Yuki Wilderness Addi-
8 tions—Proposed" and dated February 7, 2022,
9 which is incorporated in, and considered to be a part
10 of, the Yuki Wilderness designated by section 3 (3 )
11 of the Northern California Coastal Wild Heritage
12 Wilderness Act (16 U.S.C. 1132 note; Public Law
13 109-362; 120 Stat. 2065).
14 (b) REDESIGNATION OF NORTH FORK WILDERNESS
15 AS NORTH FORK EEL RIVER WILDERNESS.-
16 (1) IN GENERAL. —Section 101(a)(19) of the
17 California Wilderness Act of 19S4 (16 U.S.C. 1132
18 note; Public Law 9S-425; 9S Stat. 1621) is amend-
19 ed by striking "which shall be known as the North
20 Fork Wilderness" and inserting "which shall be
21 known as the `North Fork Eel River Wilderness' ".
22 (2) REFERENCES. Any reference in a law,
23 map, regulation, document, paper, or other record of
24 the United States to the "North Fork Wilderness"
•S 1776 IS
53
1 shall be considered to be a reference to the "North
2 Fork Eel River Wilderness".
3 (c) ELKHORN RIDGE WILDERNESS MODIFICA-
4 TION.—The boundary of the Elkhorn Ridge Wilderness es-
5 tablished by section 6 (d) of the Northern California Coast-
6 al Wild Heritage Wilderness Act (16 U.S.C. 1132 note;
7 Public Law 109-362; 120 Stat. 2070) is modified by re-
8 moving approximately 30 acres of Federal land, as gen-
9 erally depicted on the map entitled "Proposed Elkhorn
10 Ridge Wilderness Additions" and dated October 24, 2019.
11 SEC. 132. ADMINISTRATION OF WILDERNESS.
12 (a) IN GENERAL. —Subject to valid existing rights,
13 a wilderness area or wilderness addition established by
14 section 131(a) (referred to in this section as a "wilderness
15 area or addition") shall be administered by the Secretary
16 in accordance with this subtitle and the Wilderness Act
17 (16 U.S.C. 1131 et seq.), except that-
18 (1) any reference in the Wilderness Act to the
19 effective date of that Act shall be considered to be
20 a reference to the date of enactment of this Act; and
21
(2) any reference
in that Act
to
the
Secretary
22
of Agriculture shall be
considered
to
be a
reference
23 to the Secretary.
24 (b) FIRE MANAGEMENT AND RELATED ACTIVI-
25 TIES.—
•S 1776 IS
54
1 (1) IN GENERAL. —The Secretary may carry out
2 any activities in a wilderness area or addition as are
3 necessary for the control of fire, insects, or disease
4 in accordance with-
5 (A) section 4(d)(1) of the Wilderness Act
6 (16 U.S.C. 1133(d)(1)); and
7 (B) the report of the Committee on Inte-
8 rior and Insular Affairs of the House of Rep-
9 resentatives accompanying H.R. 1437 of the
10 9Sth Congress (House Report 9S-40).
11 (2) FUNDING PRIORITIEs.—Nothing in this
12 subtitle limits funding for fire or fuels management
13 in a wilderness area or addition.
14 (3) ADMINISTRATION. —In accordance with
15 paragraph (1) and any other applicable Federal law,
16 to ensure a timely and efficient response to a fire
17 emergency in a wilderness area or addition, the Sec-
18 retary of Agriculture shall-
19 (A) not later than 1 year after the date of
20 enactment of this Act, establish agency ap-
21 proval procedures (including appropriate delega-
22 tions of authority to the Forest Supervisor, Dis-
23 trict Manager, or other agency officials) for re-
24 sponding to fire emergencies; and
•S 1776 IS
55
1 (B) enter into agreements with appropriate
2 State or local firefighting agencies.
3 (c) GRAzING.—The grazing of livestock in a wilder-
4 ness area or addition, if established before the date of en-
5 actment of this Act, shall be administered in accordance
6 with-
7 (1) section 4(d)(4) of the Wilderness Act (16
8 U.S.C. 1133(d)(4)); and
9 (2) (A) for land under the jurisdiction of the
10 Secretary of Agriculture, the guidelines set forth in
11 the report of the Committee on Interior and Insular
12 Affairs of the House of Representatives accom-
13 panying H.R. 54S7 of the 96th Congress (H. Rept.
14 96-617); and
15 (B) for land under the jurisdiction of the Sec-
16 retary of the Interior, the guidelines set forth in Ap-
17 pendix A of the report of the Committee on Interior
18 and Insular Affairs of the House of Representatives
19 accompanying H.R. 2570 of the 101st Congress (H.
20 Rept. 101-405) .
21 (d) FISH AND WILDLIFE.-
22
(1) IN
GENERAL. —In accordance with
section
23
4(d)(7) of
the Wilderness Act (16
U.S.C.
24
1133(d)(7)),
nothing in this subtitle affects
the ju-
•S 1776 IS
56
1 risdiction or responsibilities of the State with respect
2 to fish and wildlife on public land in the State.
3 (2) MANAGEMENT ACTIVITIES. —In support of
4 the purposes and principles of the Wilderness Act
5 (16 U.S.C. 1131 et seq.), the Secretary may conduct
6 any management activity that the Secretary deter-
7 mines to be necessary to maintain or restore a fish,
8 wildlife, or plant population or habitat in a wilder-
9 ness area or addition, if the management activity is
10 conducted in accordance with-
11 (A) an applicable wilderness management
12 plan;
13 (B) the Wilderness Act (16 U.S.C. 1131 et
14 seq.); and
15 (C) appropriate policies, such as the poli-
16 cies established in Appendix B of the report of
17 the Committee on Interior and Insular Affairs
18 of the House of Representatives accompanying
19 H.R. 2570 of the 101st Congress (H. Rept.
20 101-405).
21 (e) BUFFER ZONES.-
22 (1) IN GENERAL,. —Nothing in this subtitle es-
23 tablishes a protective perimeter or buffer zone
24 around a wilderness area or addition.
•S 1776 IS
57
1 (2) OUTSIDE ACTIVITIES OR USES. —The fact
2 that a nonwilderness activity or use can be seen or
3 heard from within a wilderness area or addition shall
4 not preclude the activity or use outside the boundary
5 of the wilderness area or addition.
6 (f) MILITARY ACTIVITIEs.—Nothing in this subtitle
7 precludes-
8 (1) low-level overflights of military aircraft over
9 a wilderness area or addition;
10 (2) the designation of a new unit of special air-
11 space over a wilderness area or addition; or
12 (3) the use or establishment of a military flight
13 training route over a wilderness area or addition.
14 (g) HORSES. —Nothing in this subtitle precludes
15 horseback riding in, or the entry of recreational or com-
16 mercial saddle or pack stock into, a wilderness area or
17 addition
18 (1) in accordance with section 4 (d) (5) of the
19 Wilderness Act (16 U.S.C. 1133(d)(5)); and
20 (2) subject to any terms and conditions deter-
21 mined to be necessary by the Secretary.
22 (h) WITHDRAWAL. —Subject to valid existing rights,
23 the wilderness areas and additions are withdrawn from-
24 (1) all forms of entry, appropriation, and dis-
25 posal under the public land laws;
•S 1776 IS
58
1 (2) location, entry, and patent under the mining
2 laws; and
3 (3) operation of the mineral materials and geo-
4 thermal leasing laws.
5 (i) USE BY MEMBERS OF INDIAN TRIBES.-
6 (1) ACCESS. —In recognition of the past use of
7 wilderness areas and additions by members of In-
8 dian Tribes for traditional cultural and religious
9 purposes, the Secretary shall ensure that Indian
10 Tribes have access to the wilderness areas and addi-
11 tions for traditional cultural and religious purposes.
12 (2) TEMPORARY CLOSURES.-
13 (A) IN GENERAL. —In carrying out this
14 section, the Secretary, on request of an Indian
15 Tribe, may temporarily close to the general
16 public 1 or more specific portions of a wilder-
17 ness area or addition to protect the privacy of
18 the members of the Indian Tribe in the conduct
19 of the traditional cultural and religious activi-
20 ties in the wilderness area or addition.
21 (B) REQUIREMENT. Any closure under
22 subparagraph (A) shall be made in such a man-
23 ner as to affect the smallest practicable area for
24 the minimum period of time necessary for the
25 activity to be carried out.
•S 1776 IS
59
1 (3) APPLICABLE LAw. Access to the wilder-
2 ness areas and wilderness additions under this sub-
3 section shall be in accordance with-
4 (A) Public Law 95-341 (commonly known
5 as the "American Indian Religious Freedom
6 Act") (42 U.S.C. 1996 et seq.); and
7 (B) the Wilderness Act (16 U.S.C. 1131 et
8 seq.).
9 (j) INCORPORATION OF ACQUIRED LAND AND INTER-
10 ESTS. Any land within the boundary of a wilderness area
11 or addition that is acquired by the United States shall-
12 (1) become part of the wilderness area or addi-
13 tion in which the land is located;
14 (2) be withdrawn in accordance with subsection
15 (h); and
16 (3) be managed in accordance with-
17 (A) this section;
18 (B) the Wilderness Act (16 U.S.C. 1131 et
19 seq.); and
20 (C) any other applicable law.
21 (k) CLIMATOLOGICAL DATA COLLECTION. —In ac-
22 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
23 and subject to such terms and conditions as the Secretary
24 may prescribe, the Secretary may authorize the installa-
25 tion and maintenance of hydrologic, meteorologic, or cli-
•S 1776 IS
60
1 matological collection devices in a wilderness area or addi-
2 tion if the Secretary determines that the devices and ac-
3 cess to the devices are essential to a flood warning, flood
4 control, or water reservoir operation activity.
5 (1) AUTHORIZED EVENTS. —The Secretary may con-
6 tinue to authorize the competitive equestrian event per-
7 mitted since 2012 in the Chinquapin Wilderness estab-
8 lished by section 131(a) (3) in a manner compatible with
9 the preservation of the area as wilderness.
10 (m) RECREATIONAL CLIMBING. —Nothing in this title
11 prohibits recreational rock climbing activities in the wil-
12 derness areas or additions, such as the placement, use,
13 and maintenance of fixed anchors, including any fixed an-
14 chor established before the date of the enactment of this
15 Act-
16 (1) in accordance with the Wilderness Act (16
17 U.S.C. 1131 et seq.); and
18 (2) subject to any terms and conditions deter-
19 mined to be necessary by the Secretary.
20 SEC. 133. DESIGNATION OF POTENTIAL WILDERNESS.
21 (a) DESIGNATION. —In furtherance of the purposes of
22 the Wilderness Act (16 U.S.C. 1131 et seq.), the following
23 areas in the State are designated as potential wilderness
24 areas:
•S 1776 IS
61
1 (1) Certain Federal land managed by the For-
2 est Service, comprising approximately 4,005 acres,
3 as generally depicted on the map entitled "Chin-
4 quapin Proposed Potential Wilderness" and dated
5 May 15, 2020.
6 (2) Certain Federal land administered by the
7 National Park Service, compromising approximately
8 31,000 acres, as generally depicted on the map enti-
9 tled "Redwood National Park —Potential Wilder-
10 ness" and dated October 9, 2019.
11 (3) Certain Federal land managed by the For-
12 est Service, comprising approximately 5, 6 S 1 acres,
13 as generally depicted on the map entitled "Siskiyou
14 Proposed Potential Wildernesses" and dated May
15 151 2020.
16 (4) Certain Federal land managed by the For-
17 est Service, comprising approximately 446 acres, as
18 generally depicted on the map entitled "South Fork
19 Trinity River Proposed Potential Wilderness" and
20 dated May 15, 2020.
21 (5) Certain Federal land managed by the For-
22 est Service, comprising approximately 1,256 acres,
23 as generally depicted on the map entitled "Trinity
24 Alps Proposed Potential Wilderness" and dated May
25 15, 2020.
•S 1776 IS
62
1 (6) Certain Federal land managed by the For-
2 est Service, comprising approximately 4,386 acres,
3 as generally depicted on the map entitled "Yolla
4 Bolly Middle -Eel Proposed Potential Wilderness"
5 and dated May 15, 2020.
6 (7) Certain Federal land managed by the For-
7 est Service, comprising approximately 2,918 acres,
8 as generally depicted on the map entitled "Yuki Pro-
9 posed Potential Wilderness" and dated May 15,
10 2020.
11 (b) MANAGEMENT. —Except as provided in subsection
12 (c) and subject to valid existing rights, the Secretary shall
13 manage each potential wilderness area designated by sub-
14 section (a) (referred to in this section as a "potential wil-
15 derness area") as wilderness until the date on which the
16 potential wilderness area is designated as wilderness under
17 subsection (d).
18 (c) ECOLOGICAL RESTORATION.-
19 (1) IN GENERAL. —For purposes of ecological
20 restoration (including the elimination of nonnative
21
species,
removal of
illegal,
unused,
or
decommis-
22
sioned
roads, repair
of skid
tracks,
and
any other
23 activities necessary to restore the natural ecosystems
24 in a potential wilderness area and consistent with
25 paragraph (2)), the Secretary may use motorized
•S 1776 IS
63
1 equipment and mechanized transport in a potential
2 wilderness area until the date on which the potential
3 wilderness area is designated as wilderness under
4 subsection (d).
5 (2) LIMITATION. —To the maximum extent
6 practicable, the Secretary shall use the minimum
7 tool or administrative practice necessary to accom-
8 plish ecological restoration with the least amount of
9 adverse impact on wilderness character and re-
10 sources.
11 (d) WILDERNESS DESIGNATION. —A potential wilder-
12 ness area shall be designated as wilderness and as a com-
13 ponent of the National Wilderness Preservation System on
14 the earlier of-
15 (1) the date on which the Secretary publishes in
16 the Federal Register notice that the conditions in
17 the potential wilderness area that are incompatible
18 with the Wilderness Act (16 U.S.C. 1131 et seq.)
19 have been removed; and
20 (2) the date that is 10 years after the date of
21 enactment of this Act, in the case of a potential wil-
22 derness area located on land managed by the Forest
23 Service.
24 (e) ADMINISTRATION AS WILDERNESS.—
•S 1776 IS
64
1 (1) IN GENERAL. —On the designation of a po-
2 tential wilderness area as wilderness under sub-
3 section (d), the wilderness shall be administered in
4 accordance with
5 (A) section 132; and
6 (B) the Wilderness Act (16 U.S.C. 1131 et
7 seq.).
8 (2) DESIGNATION. —On the designation as wil-
9 derness under subsection (d)-
10 (A) the land described in subsection (a) (1)
11 shall be incorporated in, and considered to be a
12 part of, the Chinquapin Wilderness established
13 by section 131(a)(3);
14 (B) the land described in subsection (a)(3)
15 shall be incorporated in, and considered to be a
16 part of, the Siskiyou Wilderness designated by
17 section 101(a)(30) of the California Wilderness
18 Act of 19S4 (16 U.S.C. 1132 note; Public Law
19 9S-425; 9S Stat. 1623);
20 (C) the land described in subsection (a) (4)
21 shall be incorporated in, and considered to be a
22 part of, the South Fork Trinity River Wilder-
23 ness established by section 131(a) (13 );
24 (D) the land described in subsection (a)(5)
25 shall be incorporated in, and considered to be a
•S 1776 IS
65
1 part of, the Trinity Alps Wilderness designated
2 by section 101(a)(34) of the California Wilder-
3 ness Act of 1984 (16 U.S.C. 1132 note; Public
4 Law 98-425; 98 Stat. 1623);
5 (E) the land described in subsection (a)(6)
6 shall be incorporated in, and considered to be a
7 part of, the Yolla Bolly-Middle Eel Wilderness
8 designated by section 3 of the Wilderness Act
9 (16 U.S.C. 1132); and
10 (F) the land described in subsection (a)(7)
11 shall be incorporated in, and considered to be a
12 part of, the Yuki Wilderness designated by sec-
13 tion 3 (3) of the Northern California Coastal
14 Wild Heritage Wilderness Act (16 U.S.C. 1132
15 note; Public Law 109-362; 120 Stat. 2065)
16 and expanded by section 131(a)(17).
17 (f) REPORT. —Not later than 3 years after the date
18 of enactment of this Act, and every 3 years thereafter until
19 the date on which the potential wilderness areas are des-
20 ignated as wilderness under subsection (d), the Secretary
21 shall submit to the Committee on Energy and Natural Re-
22 sources of the Senate and the Committee on Natural Re-
23 sources of the House of Representatives a report that de-
24 scribes—
•S 1776 IS
1 (1) the status of ecological restoration within
2 the potential wilderness areas; and
3 (2) the progress toward the eventual designa-
4 tion of the potential wilderness areas as wilderness
5 under subsection (d).
6 SEC. 134. DESIGNATION OF WILD AND SCENIC RIVERS.
7 Section 3(a) of the Wild and Scenic Rivers Act (16
8 U.S.C. 1274(a)) is amended by adding at the end the fol-
9 lowing:
10 "(233) SOUTH FORK TRINITY RIVER. —The fol-
11 lowing segments from the source tributaries in the
12 Yolla Bolly-Middle Eel Wilderness, to be adminis-
13 tered by the Secretary of Agriculture:
14 "(A) The 1S.3-mile segment from its mul-
15 tiple source springs in the Cedar Basin of the
16 Yolla Bolly-Middle Eel Wilderness in sec. 15, T.
17 27 N., R. 10 W., to 0.25 miles upstream of the
18 Wild Mad Road, as a wild river.
19 "(B) The 0.65-mile segment from 0.25
20 miles upstream of Wild Mad Road to the con-
21 fluence with the unnamed tributary approxi-
22 mately 0.4 miles downstream of the Wild Mad
23 Road in sec. 29, T. 2S N., R. 11 W., as a sce-
24 nic river.
•S 1776 IS
67
1 "(C) The 9.8-mile segment from 0.75 miles
2 downstream of Wild Mad Road to Silver Creek,
3 as a wild river.
4 "(D) The 5.4-mile segment from Silver
5 Creek confluence to Farley Creek, as a scenic
6 river.
7 "(E) The 3.6-mile segment from Farley
8 Creek to Cave Creek, as a recreational river.
9 "(F) The 5.6-mile segment from Cave
10 Creek to the confluence of the unnamed creek
11 upstream of Hidden Valley Ranch in sec. 5, T.
12 151 R. 7 E., as a wild river.
13 "(G) The 2.5-mile segment from the
14 unnamed creek confluence upstream of Hidden
15 Valley Ranch to the confluence with the
16 unnamed creek flowing west from Bear Wallow
17 Mountain in sec. 29, T. 1 N., R. 7 E., as a sce-
18 nic river.
19 "(H) The 3.8-mile segment from the
20 unnamed creek confluence in sec. 29, T. 1 N.,
21 R. 7 E., to Plummer Creek, as a wild river.
22 "(1) The 1.8-mile segment from Plummer
23 Creek to the confluence with the unnamed trib-
24 utary north of McClellan Place in sec. 6, T. 1
25 N., R. 7 E., as a scenic river.
•S 1776 IS
I
Z Z
1 "(J) The 5.4-mile segment from the
2 unnamed tributary confluence in sec. 6, T. 1
3 N., R. 7 E., to Hitchcock Creek, as a wild river.
4 "(K) The 7-mile segment from Eltapom
5 Creek to the Grouse Creek, as a scenic river.
6 "(L) The 5-mile segment from Grouse
7 Creek to Coon Creek, as a wild river.
8 "(234) EAST FORK SOUTH FORK TRINITY
9 RIVER. —The following segments, to be administered
10 by the Secretary of Agriculture:
11 "(A) The SA -mile segment from its source
12 in the Pettijohn Basin in the Yolla Bolly-Middle
13 Eel Wilderness in sec. 10, T. 3 S., R. 10 W.,
14 to 0.25 miles upstream of the Wild Mad Road,
15 as a wild river.
16 "(B) The 3.4-mile segment from 0.25
17 miles upstream of the Wild Mad Road to the
18 South Fork Trinity River, as a recreational
19 river.
20 "(235) RATTLESNAKE CREEK. —The 5.9-mile
21 segment from the confluence with the unnamed trib-
22 utary in the southeast corner of sec. 5, T. 1 S., R.
23 12 W., to the South Fork Trinity River, to be ad-
24 ministered by the Secretary of Agriculture as a rec-
25 reational river.
•S 1776 IS
69
1 "(236) BUTTER CREEK. —The 7-mile segment
2 from 0.25 miles downstream of the Road 3N08
3 crossing to the South Fork Trinity River, to be ad-
4 ministered by the Secretary of Agriculture as a sce-
5 nic river.
6 "(237) HAYFORK CREEK. —The following seg-
7 ments, to be administered by the Secretary of Agri-
8 culture:
9 "(A) The 3.2-mile segment from Little
10 Creek to Bear Creek, as a recreational river.
11 "(B) The 13.2-mile segment from Bear
12 Creek to the northern boundary of sec. 19, T.
13 3 N., R. 7 E., as a scenic river.
14 "(238) OLSEN CREEK. —The 2.8-mile segment
15 from the confluence of its source tributaries in sec.
16 51 T. 3 N., R. 7 E., to the northern boundary of sec.
17 241 T. 3 N., R. 6 E., to be administered by the Sec-
18 retary of the Interior as a scenic river.
19 "(239) RUSCH CREEK. —The 3.2-mile segment
20 from 0.25 miles downstream of the 32NII Road
21 crossing to Hayfork Creek, to be administered by
22 the Secretary of Agriculture as a recreational river.
23 "(240) ELTAPOM CREEK. —The 3.4-mile seg-
24 ment from Buckhorn Creek to the South Fork Trin-
•S 1776 IS
70
1 ity River, to be administered by the Secretary of Ag-
2 riculture as a wild river.
3 "(241) GROUSE CREEK. —The following seg-
4 ments, to be administered by the Secretary of Agri-
5 culture:
6 "(A) The 3.9-mile segment from Carson
7 Creek to Cow Creek, as a scenic river.
8 "(B) The 7.4-mile segment from Cow
9 Creek to the South Fork Trinity River, as a
10 recreational river.
11 "(242) MADDEN CREEK. —The following seg-
12 ments, to be administered by the Secretary of Agri-
13 culture:
14 "(A) The 6.8-mile segment from the con-
15 fluence of Madden Creek and its unnamed trib-
16 utary in sec. 18, T. 5 N., R. 5 E., to Fourmile
17 Creek, as a wild river.
18 "(B) The 1.6-mile segment from Fourmile
19 Creek to the South Fork Trinity River, as a
20 recreational river.
21 "(243) CANYON CREEK. —The following seg-
22 ments, to be administered by the Secretary of Agri-
23 culture and the Secretary of the Interior:
•S 1776 IS
71
1 "(A) The 6.6-mile segment from the outlet
2 of lower Canyon Creek Lake to Bear Creek up-
3 stream of Ripstein, as a wild river.
4 "(B) The 11.2-mile segment from Bear
5 Creek upstream of Ripstein to the southern
6 boundary of sec. 25, T. 34 N., R. 11 W., as a
7 recreational river.
8 "(244) NORTH FORK TRINITY RIVER. —The fol-
9 lowing segments, to be administered by the Sec-
10 retary of Agriculture:
11 "(A) The 12-mile segment from the con-
12 fluence of source tributaries in sec. 24, T. S N.,
13 R. 12 W., to the Trinity Alps Wilderness
14 boundary upstream of Hobo Gulch, as a wild
15 river.
16 "(B) The 0.5-mile segment from where the
17 river leaves the Trinity Alps Wilderness to
18 where it fully reenters the Trinity Alps Wilder-
19 ness downstream of Hobo Gulch, as a scenic
20 river.
21 "(C) The 13.9-mile segment from where
22 the river fully reenters the Trinity Alps Wilder-
23 ness downstream of Hobo Gulch to the Trinity
24 Alps Wilderness boundary upstream of the
25 County Road 421 crossing, as a wild river.
•S 1776 IS
72
1 "(D) The 1.3-mile segment from the Trin-
2 ity Alps Wilderness boundary upstream of the
3 County Road 421 crossing to the Trinity River,
4 as a recreational river.
5 "(245) EAST FORK NORTH FORK TRINITY
6 RIVER. —The following segments, to be administered
7 by the Secretary of Agriculture:
8 "(A) The 9.5-mile segment from the source
9 north of Mt. Hilton in sec. 19, T. 36 N., R. 10
10 W., to the end of Road 35N20 approximately
11 0.5 miles downstream of the confluence with
12 the East Branch East Fork North Fork Trinity
13 River, as a wild river.
14 "(B) The 3.25-mile segment from the end
15 of Road 35N20 to 0.25 miles upstream of
16 Coleridge, as a scenic river.
17 "(C) The 4.6-mile segment from 0.25 miles
18 upstream of Coleridge to the confluence of Fox
19 Gulch, as a recreational river.
20 "(246) NEW RIVER. —The following segments,
21 to be administered by the Secretary of Agriculture:
22 "(A) The 12.7-mile segment of Virgin
23 Creek from its source spring in sec. 22, T. 9
24 N., R. 7 E., to Slide Creek, as a wild river.
•S 1776 IS
73
1 "(B) The 2.3-mile segment of the New
2 River where it begins at the confluence of Vir-
3 gin and Slide Creeks to Barron Creek, as a wild
4 river.
5 "(247) MIDDLE EEL RIVER. —The following
6 segments, to be administered by the Secretary of
7 Agriculture:
8 "(A) The 37.7-mile segment from its
9 source in Frying Pan Meadow to Rose Creek,
10 as a wild river.
11 "(B) The 1.5-mile segment from Rose
12 Creek to the Black Butte River, as a rec-
13 reational river.
14 "(C) The 10.5-mile segment of Balm of
15 Gilead Creek from its source in Hopkins Hollow
16 to the Middle Eel River, as a wild river.
17 "(D) The 13-mile segment of the North
18 Fork Middle Fork Eel River from the source on
19 Dead Puppy Ridge in sec. 11, T. 26 N., R. 11
20 W., to the confluence of the Middle Eel River,
21 as a wild river.
22 "(248) NORTH FORK EEL RIVER, CALI-
23 FORNIA.—The 14.3-mile segment from the con-
24 fluence with Gilman Creek to the Six Rivers Na-
•S 1776 IS
74
1 tional Forest boundary, to be administered by the
2 Secretary of Agriculture as a wild river.
3 "(249) RED MOUNTAIN CREEK, CALIFORNIA.-
4 The following segments, to be administered by the
5 Secretary of Agriculture:
6 "(A) The 5.25-mile segment from its
7 source west of Mike's Rock in sec. 23, T. 26
8 N., R. 12 E., to the confluence with Littlefield
9 Creek, as a wild river.
10 "(B) The 1.6-mile segment from the con-
11 fluence with Littlefield Creek to the confluence
12 with the unnamed tributary in sec. 32, T. 26
13 N., R. 8 E., as a scenic river.
14 "(C) The 1.25-mile segment from the con-
15 fluence with the unnamed tributary in sec. 32,
16 T. 4 S., R. 8 E., to the confluence with the
17 North Fork Eel River, as a wild river.
18 "(250) REDWOOD CREEK. —The following seg-
19 ments, to be administered by the Secretary of the
20 Interior:
21 "(A) The 6.2-mile segment from the con-
22 fluence with Lacks Creek to the confluence with
23 Coyote Creek, as a scenic river, on publication
24 by the Secretary of the Interior of a notice in
25 the Federal Register that sufficient land or in-
•S 1776 IS
75
1 terests in land within the boundaries of the seg-
2 ments have been acquired in fee title or as a
3 scenic easement to establish a manageable addi-
4 tion to the National Wild and Scenic Rivers
5 System.
6 "(B) The 19.1-mile segment from the con-
7 fluence with Coyote Creek in sec. 2, T. 8 N., R.
8 2 E., to the Redwood National Park boundary
9 upstream of Orick in sec. 34, T. 11 N., R. 1
10 E., as a scenic river.
11 "(C) The 2.3-mile segment of Emerald
12 Creek (also known as Harry Weir Creek) from
13 its source in sec. 29, T. 10 N., R. 2 E., to the
14 confluence with Redwood Creek, as a scenic
15 river.
16 "(251) LACKS CREEK. —The following seg-
17 ments, to be administered by the Secretary of the
18 Interior:
19 "(A) The 5.1-mile segment from the con-
20 fluence with 2 unnamed tributaries in sec. 14,
21 T. 7 N., R. 3 E., to Kings Crossing in sec. 27,
22 T. 8 N., R. 3 E., as a wild river.
23 "(B) The 2.7-mile segment from Kings
24 Crossing to the confluence with Redwood Creek,
25 as a scenic river, on publication by the Sec-
•S 1776 IS
76
1 retary of a notice in
the Federal
Register that
2 sufficient inholdings
within the
segment have
3 been acquired in fee title or as scenic easements
4 to establish a manageable addition to the Na-
5 tional Wild and Scenic Rivers System.
6 "(252) LOST MAN CREEK. —The following seg-
7 ments, to be administered by the Secretary of the
8 Interior:
9 "(A) The 6.4-mile segment of Lost Man
10 Creek from its source in sec. 5, T. 10 N., R.
11 2 E., to 0.25 miles upstream of the Prairie
12 Creek confluence, as a recreational river.
13 "(B) The 2.3-mile segment of Larry
14 Damm Creek from its source in sec. 8, T. 11
15 N., R. 2 E., to the confluence with Lost Man
16 Creek, as a recreational river.
17 "(253) LITTLE LOST MAN CREEK. —The 3.6-
18 mile segment of Little Lost Man Creek from its
19 source in sec. 6, T. 10 N., R. 2 E., to 0.25 miles
20 upstream of the Lost Man Creek road crossing, to
21 be administered by the Secretary of the Interior as
22 a wild river.
23 "(254) SOUTH FORK ELK RIVER. —The fol-
24 lowing segments, to be administered by the Sec-
•S 1776 IS
01
1 retary of the Interior through a cooperative manage-
2 ment agreement with the State of California:
3 "(A) The 3.6-mile segment of the Little
4 South Fork Elk River from the source in sec.
5 217 T. 3 N., R. 1 E., to the confluence with the
6 South Fork Elk River, as a wild river.
7 "(B) The 2.2-mile segment of the
8 unnamed tributary of the Little South Fork Elk
9 River from its source in sec. 15, T. 3 N., R. 1
10 E., to the confluence with the Little South Fork
11 Elk River, as a wild river.
12 "(C) The 3.6-mile segment of the South
13 Fork Elk River from the confluence of the Lit-
14 tle South Fork Elk River to the confluence with
15 Tom Gulch, as a recreational river.
16 "(255) SALMON CREEK. —The 4.6-mile segment
17 from its source in sec. 27, T. 3 N., R. 1 E., to the
18 Headwaters Forest Reserve boundary in sec. 1S, T.
19 3 N., R. 1 E., to be administered by the Secretary
20 of the Interior as a wild river through a cooperative
21 management agreement with the State of California.
22 "(256) SOUTH FORK EEL RIVER. —The fol-
23 lowing segments, to be administered by the Sec-
24 retary of the Interior:
•S 1776 IS
1 "(A) The 6.2-mile segment from the con-
2 fluence with Jack of Hearts Creek to the south-
3 ern boundary of the South Fork Eel Wilderness
4 in sec. 8, T. 22 N., R. 16 W., as a recreational
5 river to be administered by the Secretary
6 through a cooperative management agreement
7 with the State of California.
8 "(B) The 6.1-mile segment from the south-
9 ern boundary of the South Fork Eel Wilderness
10 to the northern boundary of the South Fork
11 Eel Wilderness in sec. 29, T. 23 N., R. 16 W.,
12 as a wild river.
13 "(257) ELDER CREEK. —The following seg-
14 ments, to be administered by the Secretary of the
15 Interior through a cooperative management agree-
16 ment with the State of California:
17 "(A) The 3.6-mile segment from its source
18 north of Signal Peak in sec. 6, T. 21 N., R. 15
19 W., to the confluence with the unnamed tribu-
20 tary near the center of sec. 28, T. 22 N., R. 16
21 W., as a wild river.
22 "(B) The 1.3-mile segment from the con-
23 fluence with the unnamed tributary near the
24 center of sec. 28, T. 22 N., R. 15 W., to the
•S 1776 IS
M1
1 confluence with the South Fork Eel River, as a
2 recreational river.
3 "(C) The 2.1-mile segment of Paralyze
4 Canyon from its source south of Signal Peak in
5 sec. 7, T. 21 N., R. 15 W., to the confluence
6 with Elder Creek, as a wild river.
7 "(258) CEDAR CREEK. —The following seg-
8 ments, to be administered as a wild river by the Sec-
9 retary of the Interior:
10 "(A) The 7.7-mile segment from its source
11 in sec. 22, T. 24 N., R. 16 W., to the southern
12 boundary of the Red Mountain unit of the
13 South Fork Eel Wilderness.
14 "(B) The 1.9-mile segment of North Fork
15 Cedar Creek from its source in sec. 28, T. 24
16 N., R. 16 E., to the confluence with Cedar
17 Creek.
18 "(259) EAST BRANCH SOUTH FORK EEL
19 RIVER. —The following segments, to be administered
20 by the Secretary of the Interior as a scenic river on
21 publication by the Secretary of a notice in the Fed-
22 eral Register that sufficient inholdings within the
23 boundaries of the segments have been acquired in
24 fee title or as scenic easements to establish a man-
•S 1776 IS
1 ageable addition to the National Wild and Scenic
2 Rivers System:
3
"(A) The 2.3-mile segment of Cruso Cabin
4
Creek from the confluence of 2 unnamed tribu-
5
taries in sec. 18, T. 24 N., R. 15 W., to the
6
confluence with Elkhorn Creek.
7
"(B) The 1.8-mile segment of Elkhorn
8
Creek from the confluence of 2 unnamed tribu-
9
taries in sec. 22, T. 24 N., R. 16 W., to the
10
confluence with Cruso Cabin Creek.
11
"(C) The 14.2-mile segment of the East
12
Branch South Fork Eel River from the con-
13
fluence of Cruso Cabin and Elkhorn Creeks to
14
the confluence with Rays Creek.
15
"(D) The 1.7-mile segment of the
16
unnamed tributary from its source on the north
17
flank of Red Mountain's north ridge in sec. 2,
18 T. 24 N., R. 17 W., to the confluence with the
19 East Branch South Fork Eel River.
20 "(E) The 1.3-mile segment of the
21 unnamed tributary from its source on the north
22 flank of Red Mountain's north ridge in sec. 1,
23 T. 24 N., R. 17 W., to the confluence with the
24 East Branch South Fork Eel River.
•S 1776 IS
81
1 "(F) The 1.8-mile segment of Tom Long
2 Creek from the confluence with the unnamed
3 tributary in sec. 12, T. 5 S., R. 4 E., to the
4 confluence with the East Branch South Fork
5 Eel River.
6 "(260) NIATTOLE RIVER ESTUARY. —The 1.5-
7 mile segment from the confluence of Stansberry
8 Creek to the Pacific Ocean, to be administered as a
9 recreational river by the Secretary of the Interior.
10 "(261) HONEYDEW CREEK. —The following seg-
11 ments, to be administered as a wild river by the Sec-
12 retary of the Interior:
13 "(A) The 5.1-mile segment of Honeydew
14 Creek from its source in the southwest corner
15 of sec. 25, T. 3 S., R. 1 W., to the eastern
16 boundary of the King Range National Con-
17 servation Area in sec. 18, T. 3 S., R. 1 E.
18 "(B) The 2.8-mile segment of West Fork
19 Honeydew Creek from its source west of North
20 Slide Peak to the confluence with Honeydew
21 Creek.
22 "(C) The 2.7-mile segment of Upper East
23 Fork Honeydew Creek from its source in sec.
24 231 T. 3 S., R. 1 W., to the confluence with
25 Honeydew Creek.
•S 1776 IS
82
1 "(262) BEAR CREEK. —The following segments,
2 to be administered by the Secretary of the Interior:
3 "(A) The 1.9-mile segment of North Fork
4 Bear Creek from the confluence with the
5 unnamed tributary immediately downstream of
6 the Horse Mountain Road crossing to the con-
7 fluence with the South Fork, as a scenic river.
8 "(B) The 6.1-mile segment of South Fork
9 Bear Creek from the confluence in sec. 2, T. 5
10 S., R. 1 W., with the unnamed tributary flow-
11 ing from the southwest flank of Queen Peak to
12 the confluence with the North Fork, as a scenic
13 river.
14 "(C) The 3-mile segment of Bear Creek
15 from the confluence of the North and South
16 Forks to the southern boundary of sec. 11, T.
17 4 S., R. 1 E., as a wild river.
18 "(263) GITCHELL CREEK. —The 3-mile segment
19 of Gitchell Creek from its source near Saddle Moun-
20 tain to the Pacific Ocean, to be administered by the
21 Secretary of the Interior as a wild river.
22 "(264) BIG FLAT CREEK. —The following seg-
23 ments, to be administered by the Secretary of the
24 Interior as a wild river:
•S 1776 IS
W
1 "(A) The 4-mile segment of Big Flat
2 Creek from its source near King Peak in sec.
3 367 T. 3 S., R. 1 W., to the Pacific Ocean.
4 "(B) The 0.8-mile segment of the
5 unnamed tributary from its source in sec. 35,
6 T. 3 S., R. 1 W., to the confluence with Big
7 Flat Creek.
8 "(C) The 2.7-mile segment of North Fork
9 Big Flat Creek from the source in sec. 34, T.
10 3 S., R. 1 W., to the confluence with Big Flat
11 Creek.
12 "(265) BIG CREEK. —The following segments,
13 to be administered by the Secretary of the Interior
14 as a wild river:
15 "(A) The 2.7-mile segment of Big Creek
16 from its source in sec. 26, T. 3 S., R. 1 W., to
17 the Pacific Ocean.
18 "(B) The 1.9-mile unnamed southern trib-
19 utary from its source in sec. 25, T. 3 S., R. 1
20 W., to the confluence with Big Creek.
21 "(266) ELK CREEK. —The 11.4-mile segment
22 from its confluence with Lookout Creek to its con-
23 fluence with Deep Hole Creek, to be jointly adminis-
24 tered by the Secretaries of Agriculture and the Inte-
25 rior as a wild river.
•S 1776 IS
1 11(267) EDEN CREEK. —The 2.7-mile segment
2 from the private property boundary in the northwest
3 quarter of sec. 27, T. 21 N., R. 12 W., to the east-
4 ern boundary of sec. 23, T. 21 N., R. 12 W., to be
5 administered by the Secretary of the Interior as a
6 wild river.
7 11(268) DEEP HOLE CREEK. —The 4.3-mile seg-
8 ment from the private property boundary in the
9 southwest quarter of sec. 13, T. 20 N., R. 12 W.,
10 to the confluence with Elk Creek, to be administered
11 by the Secretary of the Interior as a wild river.
12 "(269) INDIAN CREEK. —The 3.3-mile segment
13 from 300 feet downstream of the jeep trail in sec.
14 131 T. 20 N., R. 13 W., to the confluence with the
15 Eel River, to be administered by the Secretary of the
16 Interior as a wild river.
17 "(270) FISH CREEK. —The 4.2-mile segment
18 from the source at Buckhorn Spring to the con-
19 fluence with the Eel River, to be administered by the
20 Secretary of the Interior as a wild river.".
21 SEC. 135. SANHEDRIN SPECIAL CONSERVATION MANAGE-
22 MENT AREA.
23 (a) ESTABLISHMENT. —Subject to valid existing
24 rights, there is established the Sanhedrin Special Con-
25 servation Management Area (referred to in this section as
•S 1776 IS
S5
1 the "conservation management area"), comprising ap-
2 proximately 12,254 acres of Federal land administered by
3 the Forest Service in Mendocino County, California, as
4 generally depicted on the map entitled "Sanhedrin Con-
5 nervation Management Area" and dated May 15, 2020.
6 (b) PURPOSES. —The purposes of the conservation
7 management area are-
8 (1) to conserve, protect, and enhance for the
9 benefit and enjoyment of present and future genera-
10 tions the ecological, scenic, wildlife, recreational,
11 roadless, cultural, historical, natural, educational,
12 and scientific resources of the conservation manage-
13 ment area;
14 (2) to protect and restore late -successional for-
15 est structure, oak woodlands and grasslands, aquatic
16 habitat, and anadromous fisheries within the con-
17 servation management area;
18 (3) to protect and restore the undeveloped char-
19 acter of the conservation management area; and
20 (4) to allow visitors to enjoy the scenic, natural,
21 cultural, and wildlife values of the conservation man-
22 agement area.
23 (c) MANAGEMENT.-
24 (1) IN GENERAL. —The Secretary shall manage
25 the conservation management area—
•S 1776 IS
86
1 (A) in a manner consistent with the pur-
2 poses described in subsection (b); and
3 (B) in accordance with-
4 (i) the laws (including regulations)
5 generally applicable to the National Forest
6 System;
7 (ii) this section; and
8 (iii) any other applicable law (includ-
9 ing regulations).
10 (2) USEs.—The Secretary shall only allow uses
11 of the conservation management area that the Sec-
12 retary determines would further the purposes de-
13 scribed in subsection (b).
14 (d) MOTORIZED VEHICLES.-
15 (1) IN GENERAL. —Except as provided in para-
16 graph (3), the use of motorized vehicles in the con-
17 servation management area shall be permitted only
18 on existing roads, trails, and areas designated for
19 use by such vehicles as of the date of enactment of
20 this Act.
21 (2) NEW OR TEMPORARY RoADs.—Except as
22 provided in paragraph (3), no new or temporary
23 roads shall be constructed within the conservation
24 management area.
•S 1776 IS
87
1 (3) ExCEPTIONs.—Nothing in paragraph (1) or
2 (2) prevents the Secretary from-
3 (A) rerouting or closing an existing road or
4 trail to protect natural resources from degrada-
5 tion, or to protect public safety, as determined
6 to be appropriate by the Secretary;
7 (B) designating routes of travel on land
8 acquired by the Secretary and incorporated into
9 the conservation management area if the des-
10 ignations are-
11 (i) consistent with the purposes de-
12 scribed in subsection (b); and
13 (ii) completed, to the maximum extent
14 practicable, not later than 3 years after the
15 date of acquisition;
16 (C) constructing a temporary road on
17 which motorized vehicles are permitted as part
18 of a vegetation management project carried out
19 in accordance with paragraph (4);
20 (D) authorizing the use of motorized vehi-
21 cles for administrative purposes; or
22 (E) responding to an emergency.
23 (4) DECOMMISSIONING OF TEMPORARY
24 ROADs.—
•S 1776 IS
I (A) DEFINITION OF DECOMMISSION. —In
2 this paragraph, the term "decommission"
3 means, with respect to a road-
4 (i) to reestablish vegetation on the
5 road; and
6 (ii) to restore any natural drainage,
7 watershed function, or other ecological
8 processes that are disrupted or adversely
9 impacted by the road by removing or
10 hydrologically disconnecting the road
11 prism.
12 (B) REQUIREMENT. —Not later than 3
13 years after the date on which the applicable
14 vegetation management project is completed,
15 the Secretary shall decommission any tem-
16 porary road constructed under paragraph
17 (3)(C).
18 (e) TIMBER HARVEST.-
19 (1) IN GENERAL. —Except as provided in para-
20 graph (2), no harvesting of timber shall be allowed
21 within the conservation management area.
22 (2) EXCEPTIONS. —The Secretary may author-
23 ize harvesting of timber in the conservation manage-
24 ment area—
•S 1776 IS
S9
1 (A) if the Secretary determines that the
2 harvesting is necessary to further the purposes
3 of the conservation management area;
4 (B) in a manner consistent with the pur-
5 poses described in subsection (b); and
6 (C) subject to-
7 (i) such reasonable regulations, poli-
8 cies, and practices as the Secretary deter-
9 mines to be appropriate; and
10 (ii) all applicable laws (including regu-
11 lations).
12 (f) GRAzING.—The grazing of livestock in the con-
13 servation management area, where established before the
14 date of enactment of this Act, shall be permitted to con-
15 tinue-
16 (1) subject to-
17 (A) such reasonable regulations, policies,
18 and practices as the Secretary considers nec-
19 essary; and
20 (B) applicable law (including regulations);
21 and
22 (2) in a manner consistent with the purposes
23 described in subsection (b).
24 (g) WILDFIRE, INSECT, AND DISEASE MANAGE-
25 MENT.-Consistent with this section, the Secretary may
•S 1776 IS
90
1 carry out any activities within the conservation manage-
2 ment area that the Secretary determines to be necessary
3 to control fire, insects, or diseases, including the coordina-
4 tion of those activities with a State or local agency.
5 (h) ACQUISITION AND INCORPORATION OF LAND AND
6 INTERESTS IN LAND.-
7 (1) ACQUISITION AUTHORITY. —In accordance
8 with applicable laws (including regulations), the Sec-
9 retary may acquire any land or interest in land with-
10 in or adjacent to the boundaries of the conservation
11 management area by purchase from a willing seller,
12 donation, or exchange.
13 (2) INCORPORATION. Any land or interest in
14 land acquired by the Secretary under paragraph (1)
15 shall be-
16 (A) incorporated into, and administered as
17 part of, the conservation management area; and
18 (B) withdrawn in accordance with sub-
19 section (i).
20 (i) WITHDRAWAL. —Subject to valid existing rights,
21 all Federal land located in the conservation management
22 area is withdrawn from-
23 (1) all forms of entry, appropriation, and dis-
24 posal under the public land laws;
•S 1776 IS
91
1 (2) location, entry, and patenting under the
2 mining laws; and
3 (3) operation of the mineral leasing, mineral
4 materials, and geothermal leasing laws.
5 SEC. 136. RELEASE OF WILDERNESS STUDY AREA.
6 (a) FINDING. —Congress finds that, for purposes of
7 section 603 of the Federal Land Policy and Management
8 Act of 1976 (43 U.S.C. 1782), any portion of the Eden
9 Valley Wilderness Study Area that is not designated as
10 a wilderness area or wilderness addition by section 131(a)
11 has been adequately studied for wilderness designation.
12 (b) RELEASE. Any portion of a wilderness study
13 area described in subsection (a) that is not designated as
14 a wilderness area or wilderness addition by section 131(a)
15 is no longer subject to section 603(c) of the Federal Land
16 Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
17 Subtitle D—Miscellaneous
18 SEC. 141. MAPS AND LEGAL DESCRIPTIONS.
19 (a) IN GENERAL. As soon as practicable after the
20 date of enactment of this Act, the Secretary shall prepare
21 maps and legal descriptions of-
22 (1) the South Fork Trinity -Mad River Restora-
23 tion Area established by section 111(b);
24 (2) the Horse Mountain Special Management
25 Area established by section 121(a);
•S 1776 IS
92
1 (3) the wilderness areas and wilderness addi-
2 tions designated by section 131(a);
3 (4) the potential wilderness areas designated by
4 section 133(a); and
5 (5) the Sanhedrin Special Conservation Man-
6 agement Area established by section 135(a).
7 (b) SUBMISSION OF MAPS AND LEGAL DESCRIP-
8 TIONS.—The Secretary shall file the maps and legal de-
9 scriptions prepared under subsection (a) with-
10 (1) the Committee on Energy and Natural Re-
11 sources of the Senate; and
12 (2) the Committee on Natural Resources of the
13 House of Representatives.
14 (c) FORCE OF LAw.—The maps and legal descrip-
15 tions prepared under subsection (a) shall have the same
16 force and effect as if included in this title, except that
17 the Secretary may correct any clerical and typographical
18 errors in the maps and legal descriptions.
19 (d) PUBLIC AVAILABILITY. —The maps and legal de-
20 scriptions prepared under subsection (a) shall be on file
21 and available for public inspection in the appropriate of-
22 fices of the Forest Service, the Bureau of Land Manage-
23 ment, or the National Park Service, as applicable.
•S 1776 IS
93
1 SEC. 142. UPDATES TO LAND AND RESOURCE MANAGE-
2 MENT PLANS.
3 As soon as practicable after the date of enactment
4 of this Act, in accordance with applicable law (including
5 regulations), the Secretary shall incorporate the designa-
6 tions and studies required by this title into updated man-
7 agement plans for units covered by this title.
8 SEC. 143. PACIFIC GAS AND ELECTRIC COMPANY UTILITY
9 FACILITIES AND RIGHTS -OF -WAY.
10 (a) EFFECT of TITLE. —Nothing in this title-
11 (1) affects any validly issued right-of-way for
12 the customary operation, maintenance, upgrade, re-
13 pair, relocation within an existing right-of-way, re-
14 placement, or other authorized activity (including
15 the use of any mechanized vehicle, helicopter, and
16 other aerial device) in a right-of-way acquired by or
17 issued, granted, or permitted to Pacific Gas and
18 Electric Company (including any predecessor or suc-
19 cessor in interest or assign) that is located on land
20 included in-
21 (A) the South Fork Trinity -Mad River
22 Restoration Area established by section 111(b);
23 (B) the Horse Mountain Special Manage-
24 ment Area established by section 121(a);
25 (C) the Bigfoot National Recreation Trail
26 established under section 122 (b) (1);
•S 1776 IS
1 (D) the Sanhedrin Special Conservation
2 Management Area established by section
3 135(a); or
4 (2) prohibits the upgrading or replacement of
5 any-
6
(A) utility facilities of the Pacific Gas and
7
Electric Company, including those utility facili-
8
ties in existence on the date of enactment of
9
this Act within-
10
(i) the South Fork Trinity -Mad River
11
Restoration Area known as-
12
(I) "Gas Transmission Line
13
177A or rights -of -way";
14
(II) "Gas Transmission Line
15
DFM 1312-02 or rights -of -way";
16
(III) "Electric Transmission Line
17
Bridgeville -Cottonwood 115 kV or
18
rights -of -way";
19
(IV) "Electric Transmission Line
20
Humboldt -Trinity 60 kV or rights-of-
21
way";
22
(V) "Electric Transmission Line
23
Humboldt -Trinity 115 kV or rights-
24
of -way";
•S 1776 IS
95
1 (VI) "Electric Transmission Line
2 Maple Creek-Hoopa 60 kV or rights-
3
of -way"
4
(VII) "Electric Distribution
5
Line -Willow Creek 1101 12 kV or
6
rights -of -way";
7
(VIII) "Electric Distribution
8
Line -Willow Creek 1103 12 kV or
9
rights -of -way";
10
(IX) "Electric Distribution Line-
11
Low Gap 1101 12 kV or rights-of-
12
way";
13
(X) "Electric Distribution Line-
14
Fort Seward 1121 12 kV or rights-of-
15
way"
16
(XI) "Forest Glen Border Dis-
17
trict Regulator Station or rights-of-
18 way"
19 (XII) "Durret District Gas Reg-
20 ulator Station or rights -of -way";
21 (XIII) "Gas Distribution Line
22 4269C or rights -of -way";
23 (XIV) "Gas Distribution Line
24 43991 or rights -of -way";
•S 1776 IS
M
1
(XV) "Gas Distribution Line
2
4993D or rights -of -way";
3
(XVI) "Sportsmans Club District
4
Gas Regulator Station or rights-of-
5
way"
6
(XVII) "Highway 36 and Zenia
7
District Gas Regulator Station or
8
rights -of -way"
9
(XVIII) "Dinsmore Lodge 2nd
10
Stage Gas Regulator Station or
11
rights -of -way";
12
(XY) "Electric Distribution
13
Line-Wildwood 1101 12kV or rights-
14
of -way";
15
(XX) "Low Gap Substation";
16
(Xxf) "Hyampom Switching
17
Station"; or
18
(XX1I) "Wildwood Substation";
19
(ii) the Bigfoot National Recreation
20
Trail known as-
21
(I) "Gas Transmission Line
22
177A or rights -of -way";
23
(II) "Electric Transmission Line
24
Humboldt -Trinity 115 kV or rights-
25
of -way";
•S 1776 IS
Orl
1 (III) "Electric Transmission Line
2 Bridgeville -Cottonwood 115 kV or
3 rights -of -way"; or
4 (IV) "Electric Transmission Line
5 Humboldt -Trinity 60 kV or rights-of-
6 way"
7 (iii) the Sanhedrin Special Conserva-
8 tion Management Area known as "Electric
9 Distribution Line -Willits 1103 12 kV or
10 rights -of -way"; or
11 (iv) the Horse Mountain Special Man-
12 agement Area known as "Electric Dis-
13 tribution Line Willow Creek 1101 12 kV
14 or rights -of -way"; or
15 (B) utility facilities of the Pacific Gas and
16 Electric Company in rights -of -way issued,
17 granted, or permitted by the Secretary adjacent
18 to a utility facility referred to in subparagraph
19 (A) .
20 (b) PLANS FOR ACCESS. —Not later than the later of
21 the date that is 1 year after the date of enactment of this
22 Act or the date of issuance of a new utility facility right-
23 of -way within the South Fork Trinity -Mad River Restora-
24 tion Area, Bigfoot National Recreation Trail, Sanhedrin
25 Special Conservation Management Area, or Horse Moun-
•S 1776 IS
98
1 tain Special Management Area, the Secretary, in consulta-
2 tion with the Pacific Gas and Electric Company, shall pub-
3 lish plans for regular and emergency access by the Pacific
4 Gas and Electric Company to the inholdings and rights-
5 of -way of the Pacific Gas and Electric Company.
6 TITLE II -CENTRAL COAST
7 HERITAGE PROTECTION
8 SEC. 201. DEFINITIONS.
9 In this title:
10 (1) SCENIC AREA. —The term "scenic area"
11 means a scenic area designated by section 207(a).
12 (2) SECRETARY. —The term "Secretary"
13 means-
14
(A)
with respect to land
managed by the
15
Bureau
of Land Management,
the Secretary of
16 the Interior; and
17 (B) with respect to land managed by the
18 Forest Service, the Secretary of Agriculture.
19 (3) STATE. —The term "State" means the State
20 of California.
21 (4) WILDERNESS AREA. —The term "wilderness
22 area" means a wilderness area or wilderness addi-
23 tion designated by section 202(a).
•S 1776 IS
99
1 SEC. 202. DESIGNATION OF WILDERNESS.
2 (a) IN GENERAL. —In accordance with the Wilderness
3 Act (16 U.S.C. 1131 et seq.), the following areas in the
4 State are designated as wilderness areas and as compo-
5 nents of the National Wilderness Preservation System:
6 (1) Certain land in the Bakersfield Field Office
7 of the Bureau of Land Management comprising ap-
8 proximately 35,116 acres, as generally depicted on
9 the map entitled "Proposed Caliente Mountain Wil-
10 derness" and dated February 2, 2022, which shall
11 be known as the "Caliente Mountain Wilderness".
12 (2) Certain land in the Bakersfield Field Office
13 of the Bureau of Land Management comprising ap-
14 proximately 13,332 acres, as generally depicted on
15 the map entitled "Proposed Soda Lake Wilderness"
16 and dated June 25, 2019, which shall be known as
17 the "Soda Lake Wilderness".
18 (3) Certain land in the Bakersfield Field Office
19 of the Bureau of Land Management comprising ap-
20 proximately 12,585 acres, as generally depicted on
21 the map entitled "Proposed Temblor Range Wilder-
22 ness" and dated June 25, 2019, which shall be
23 known as the "Temblor Range Wilderness".
24 (4) Certain land in the Los Padres National
25
Forest comprising
approximately 23,670
acres, as
26
generally depicted
on the map entitled
"Chumash
•S 1776 IS
100
1 Wilderness Area Additions —Proposed" and dated
2 March 29, 2019, which shall be incorporated into
3 and managed as part of the Chumash Wilderness as
4 designated by section 2(5) of the Los Padres Condor
5 Range and River Protection Act (16 U.S.C. 1132
6 note; Public Law 102-301; 106 Stat. 243).
7 (5) Certain land in the Los Padres National
8 Forest comprising approximately 54,036 acres, as
9 generally depicted on the maps entitled "Dick Smith
10 Wilderness Area Additions —Proposed Map 1 of 2
11 (Bear Canyon and Cuyama Peak Units)" and "Dick
12 Smith Wilderness Area Additions —Proposed Map 2
13 of 2 (Buckhorn and Mono Units)" and dated No-
14 vember 14, 2019, which shall be incorporated into
15 and managed as part of the Dick Smith Wilderness
16
as designated by section
101(a)(6)
of the
California
17
Wilderness Act of 1954
(16 U.S.C.
1132
note; Pub-
18
lie Law 95-425;
9S Stat.
1620).
19
(6) Certain
land in
the Los Padres National
20 Forest and the Bakersfield Field Office of the Bu-
21 reau of Land Management comprising approximately
22 7,259 acres, as generally depicted on the map enti-
23 tled "Garcia Wilderness Area Additions —Proposed"
24 and dated March 29, 2019, which shall be incor-
25 porated into and managed as part of the Garcia Wil-
•S 1776 IS
101
1 derness as designated by section 2(4) of the Los Pa-
2 dres Condor Range and River Protection Act (16
3 U.S.C. 1132 note; Public Law 102-301; 106 Stat.
4 243).
5 (7) Certain land in the Los Padres National
6 Forest and the Bakersfield Field Office of the Bu-
z reau of Land Management comprising approximately
8 8,774 acres, as generally depicted on the map enti-
9 tled "Machesna Mountain Wilderness —Proposed
10 Additions" and dated October 30, 2019, which shall
11 be incorporated into and managed as part of the
12 Machesna Mountain Wilderness as designated by
13 section 101(a)(38) of the California Wilderness Act
14 of 1984 (16 U.S.C. 1132 note; Public Law 98-425;
15 98 Stat. 1624).
16 (8) Certain land in the Los Padres National
17 Forest comprising approximately 30,184 acres, as
18 generally depicted on the map entitled "Matilija Wil-
19 derness Area Additions —Proposed" and dated
20 March 29, 2019, which shall be incorporated into
21 and managed as part of the Matilija Wilderness as
22 designated by section 2(2) of the Los Padres Condor
23 Range and River Protection Act (16 U.S.C. 1132
24 note; Public Law 102-301; 106 Stat. 242).
•S 1776 IS
102
1 (9) Certain land in the Los Padres National
2 Forest comprising approximately 23,969 acres, as
3 generally depicted on the map entitled "San Rafael
4 Wilderness Area Additions —Proposed" and dated
5 February 2, 2021, which shall be incorporated into
6 and managed as part of the San Rafael Wilderness
7 as designated by Public Law 90-271 (16 U.S.C.
8 1132 note; S2 Stat. 51).
9 (10) Certain land in the Los Padres National
10 Forest comprising approximately 2,921 acres, as
11 generally depicted on the map entitled "Santa Lucia
12 Wilderness Area Additions —Proposed" and dated
13 March 29, 2019, which shall be incorporated into
14 and managed as part of the Santa Lucia Wilderness
15
as designated by section
2 (c) of
the Endangered
16
American Wilderness Act
of 197E
(16 U.S.C. 1132
17
note; Public Law 95-237;
92 Stat.
41).
18 (11) Certain land in the Los Padres National
19 Forest comprising approximately 14,313 acres, as
20 generally depicted on the map entitled "Sespe Wil-
21 derness Area Additions —Proposed" and dated
22 March 29, 2019, which shall be incorporated into
23 and managed as part of the Sespe Wilderness as
24 designated by section 2(1) of the Los Padres Condor
•S 1776 IS
103
1 Range and River Protection Act (16 U.S.C. 1132
2 note; Public Law 102-301; 106 Stat. 242).
3 (12) Certain land in the Los Padres National
4 Forest comprising approximately 17,870 acres, as
5 generally depicted on the map entitled "Diablo
6 Caliente Wilderness Area —Proposed" and dated
7 March 29, 2019, which shall be known as the "Dia-
8 blo Caliente Wilderness".
9 (b) MAPS AND LEGAL DESCRIPTIONS.-
10 (1) IN GENERAL. As soon as practicable after
11 the date of enactment of this Act, the Secretary
12 shall file maps and legal descriptions of the wilder-
13 ness areas with-
14 (A) the Committee on Energy and Natural
15 Resources of the Senate; and
16 (B) the Committee on Natural Resources
17 of the House of Representatives.
18 (2) FORCE OF LAw.—The maps and legal de-
19 scriptions filed under paragraph (1) shall have the
20 same force and effect as if included in this title, ex-
21 cept that the Secretary may correct any clerical and
22 typographical errors in the maps and legal descrip-
23 tions.
24 (3) PUBLIC AVAILABILITY. —The maps and
25 legal descriptions filed under paragraph (1) shall be
•S 1776 IS
104
1 on file and available for public inspection in the ap-
2 propriate offices of the Forest Service and Bureau
3 of Land Management.
4 SEC. 203. DESIGNATION OF THE MACHESNA MOUNTAIN PO-
5 TENTIAL WILDERNESS.
6 (a) DESIGNATION. —In furtherance of the purposes of
7 the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
8 in the Los Padres National Forest comprising approxi-
9 mately 2,359 acres, as generally depicted on the map enti-
10 tled "Machesna Mountain Potential Wilderness" and
11 dated March 29, 2019, is designated as the Machesna
12 Mountain Potential Wilderness Area.
13 (b) MAP AND LEGAL DESCRIPTION.-
14 (1) IN GENERAL. As soon as practicable after
15 the date of enactment of this Act, the Secretary
16 shall file a map and legal description of the
17 Machesna Mountain Potential Wilderness Area (re-
18 ferred to in this section as the "potential wilderness
19 area") with-
20 (A) the Committee on Energy and Natural
21 Resources of the Senate; and
22 (B) the Committee on Natural Resources
23 of the House of Representatives.
24
(2)
FORCE OF LAW. —The
map
and
legal
de-
25
scription
filed under paragraph
(1)
shall
have
the
•S 1776 IS
105
1 same force and effect as if included in this title, ex-
2 cept that the Secretary may correct any clerical and
3 typographical errors in the map and legal descrip-
4 tion.
5 (3) PUBLIC AVAILABILITY. —The map and legal
6 description filed under paragraph (1) shall be on file
7 and available for public inspection in the appropriate
8 offices of the Forest Service.
9 (c) MANAGEMENT. —Except as provided in subsection
10 (d) and subject to valid existing rights, the Secretary shall
11 manage the potential wilderness area in accordance with
12 the Wilderness Act (16 U.S.C. 1131 et seq.).
13 (d) TRAIL USE, CONSTRUCTION, RECONSTRUCTION,
14 AND REALIGNMENT.-
15 (1) IN GENERAL. —In accordance with para-
16 graph (2), the Secretary may reconstruct, realign, or
17 reroute the Pine Mountain Trail.
18 (2) REQUIREMENT. —In carrying out the recon-
19 struction, realignment, or rerouting under paragraph
20 (1), the Secretary shall-
21 (A) comply with all existing laws (including
22 regulations); and
23 (B) to the maximum extent practicable,
24 use the minimum tool or administrative practice
25 necessary to accomplish the reconstruction, re-
•S 1776 IS
106
1 alignment,
or rerouting with the
least amount
2 of adverse
impact on wilderness
character and
3 resources.
4 (3) MOTORIZED VEHICLES AND MACHINERY.-
5 In accordance with paragraph (2), the Secretary
6 may use motorized vehicles and machinery to carry
7 out the trail reconstruction, realignment, or rerout-
8 ing authorized by this subsection.
9 (4) MOTORIZED AND MECHANIZED VEHI-
10 CLES.—The Secretary may permit the use of motor-
11 ized and mechanized vehicles on the existing Pine
12 Mountain Trail in accordance with existing law (in-
13 eluding regulations) and this subsection until such
14 date as the potential wilderness area is designated
15 as wilderness in accordance with subsection (h).
16 (e) WITHDRAWAL. —Subject to valid existing rights,
17 the Federal land in the potential wilderness area is with-
18 drawn from all forms of-
19 (1) entry, appropriation, or disposal under the
20 public land laws;
21 (2) location, entry, and patent under the mining
22 laws; and
23 (3) disposition under all laws pertaining to min-
24 eral and geothermal leasing or mineral materials.
•S 1776 IS
107
1 (f) COOPERATIVE AGREEMENTS. —In carrying out
2 this section, the Secretary may enter into cooperative
3 agreements with State, Tribal, and local governmental en-
4 tities and private entities to complete the trail reconstruc-
5 tion, realignment, or rerouting authorized by subsection
6 (d).
7 (g) BOUNDARIES. —The Secretary shall modify the
8 boundary of the potential wilderness area to exclude any
9 area within 150 feet of the centerline of the new location
10 of any trail that has been reconstructed, realigned, or re-
11 routed under subsection (d).
12 (h) WILDERNESS DESIGNATION.
13 (1) IN GENERAL. —The potential wilderness
14 area, as modified under subsection (g), shall be des-
15 ignated as wilderness and as a component of the Na-
16 tional Wilderness Preservation System on the earlier
17 of
18 (A) the date on which the Secretary pub-
19
lishes
in the Federal Register notice
that the
20
trail
reconstruction, realignment, or
rerouting
21 authorized by subsection (d) has been com-
22 pleted; and
23 (B) the date that is 20 years after the date
24 of enactment of this Act.
•S 1776 IS
108
1 (2) ADMINISTRATION OF WILDERNESS. —On
2 designation as wilderness under this section, the po-
3 tential wilderness area shall be-
4 (A) incorporated into the Machesna Moun-
5 tain Wilderness Area, as designated by section
6 101(a)(38) of the California Wilderness Act of
7 1984 (16 U.S.C. 1132 note; Public Law 98-
8 425; 98 Stat. 1624) and expanded by section
9 202; and
10 (B) administered in accordance with-
11 (i) section 204; and
12 (ii) the Wilderness Act (16 U.S.C.
13 1131 et seq.).
14 SEC. 204. ADMINISTRATION OF WILDERNESS.
15 (a) IN GENERAL. —Subject to valid existing rights,
16 the wilderness areas shall be administered by the Sec-
17 retary in accordance with this title and the Wilderness Act
18 (16 U.S.C. 1131 et seq.), except that-
19 (1) any reference in the Wilderness Act (16
20 U.S.C. 1131 et seq.) to the effective date of that Act
21 shall be considered to be a reference to the date of
22 enactment of this Act; and
23
(2) any
reference in
the Wilderness Act (16
24
U.S.C. 1131
et seq.) to the
Secretary of Agriculture
•S 1776 IS
109
1 shall be considered to be a reference to the Secretary
2 that has jurisdiction over the wilderness area.
3 (b) FIRE MANAGEMENT AND RELATED ACTIVI-
4 TIES.-
5 (1) IN GENERAL. —The Secretary may take any
6 measures in a wilderness area as are necessary for
7 the control of fire, insects, and diseases in accord-
8 ance with section 4(d)(1) of the Wilderness Act (16
9 U.S.C. 1133(d)(1)) and House Report 9S-40 of the
10 9Sth Congress.
11 (2) FUNDING PRIORITIES. —Nothing in this title
12 limits funding for fire and fuels management in the
13 wilderness areas.
14 (3) REVISION AND DEVELOPMENT OF LOCAL
15 FIRE MANAGEMENT PLANS. As soon as practicable
16 after the date of enactment of this Act, the Sec-
17 retary shall amend the local information in the Fire
18 Management Reference System or individual oper-
19 ational plan that applies to the land designated as
20 a wilderness area.
21 (4) ADMINISTRATION. —Consistent with para-
22 graph (1) and other applicable Federal law, to en-
23 sure a timely and efficient response to fire emer-
24 gencies in the wilderness areas, the Secretary shall
•S 1776 IS
110
1 enter into agreements with appropriate State or
2 local firefighting agencies.
3 (c) GRAzING.—The grazing of livestock in the wilder-
4 ness areas, if established before the date of enactment of
5 this Act, shall be permitted to continue, subject to any
6 reasonable regulations as the Secretary considers nec-
7 essary in accordance with-
8 (1) section 4(d)(4) of the Wilderness Act (16
9 U.S.C.1133(d)(4));
10 (2) the guidelines set forth in Appendix A of
11 House Report 101-405, accompanying H.R. 2570 of
12 the 101st Congress for land under the jurisdiction of
13 the Secretary of the Interior;
14 (3) the guidelines set forth in House Report
15 96-617, accompanying H.R. 54S7 of the 96th Con-
16 gress for land under the jurisdiction of the Secretary
17 of Agriculture; and
18 (4) all other laws governing livestock grazing on
19 Federal public land.
20 (d) FISH AND WILDLIFE.-
21 (1) IN GENERAL. —In accordance with section
22 4(d)(7) of the Wilderness Act (16 U.S.C.
23 1133(d)(7)), nothing in this title affects the jurisdic-
24 tion or responsibilities of the State with respect to
25 fish and wildlife on public land in the State.
•S 1776 IS
111
1 (2) MANAGEMENT ACTIV TIES. —In furtherance
2 of the purposes and principles of the Wilderness Act
3 (16 U.S.C. 1131 et seq.), the Secretary may conduct
4 any management activities that are necessary to
5 maintain or restore fish and wildlife populations and
6 habitats in the wilderness areas, if the management
7 activities are-
8 (A) consistent with relevant wilderness
9 management plans;
10 (B) conducted in accordance with appro-
11 priate policies, such as the policies established
12 in Appendix B of House Report 101-405; and
13 (C) in accordance with memoranda of un-
14 derstanding between the Federal agencies and
15 the State Department of Fish and Wildlife.
16 (e) BUFFER ZONES.-
17 (1) IN GENERAL. —Congress does not intend for
18 the designation of wilderness areas by this title to
19 lead to the creation of protective perimeters or buff-
20 er zones around each wilderness area.
21 (2) ACTIVITIES OR USES UP TO BOUNDARIES.-
22 The fact that nonwilderness activities or uses can be
23 seen or heard from within a wilderness area shall
24 not, of itself, preclude the activities or uses up to the
25 boundary of the wilderness area.
•S 1776 IS
112
1 (f) MILITARY ACTIVITIES. —Nothing in this title pre-
2 cludes-
3 (1) low-level overflights of military aircraft over
4 the wilderness areas;
5 (2) the designation of new units of special air-
6 space over the wilderness areas; or
7 (3) the use or establishment of military flight
8 training routes over wilderness areas.
9 (g) HORSEs.—Nothing in this title precludes horse-
10 back riding in, or the entry of recreational saddle or pack
11 stock into, a wilderness area-
12 (1) in accordance with section 4 (d) (5) of the
13 Wilderness Act (16 U.S.C. 1133(d)(5)); and
14 (2) subject to any terms and conditions deter-
15 mined to be necessary by the Secretary.
16 (h) WITHDRAWAL. —Subject to valid existing rights,
17 the wilderness areas are withdrawn from-
18 (1) all forms of entry, appropriation, and dis-
19 posal under the public land laws;
20 (2) location, entry, and patent under the mining
21 laws; and
22 (3) disposition under all laws pertaining to min-
23 eral and geothermal leasing or mineral materials.
•S 1776 IS
113
1 (i) INCORPORATION OF ACQUIRED LAND AND INTER-
2 ESTs. Any land within the boundary of a wilderness area
3 that is acquired by the United States shall-
4 (1) become part of the wilderness area in which
5 the land is located; and
6 (2) be managed in accordance with-
7 (A) this section;
8 (B) the Wilderness Act (16 U.S.C. 1131 et
9 seq.); and
10 (C) any other applicable law.
11 (,]) TREATMENT OF EXISTING WATER DIVERSIONS IN
12 THE SAN RAFAEL WILDERNESS ADDITIONS.-
13 (1) AUTHORIZATION FOR CONTINUED USE.-
14 The Secretary of Agriculture may issue a special use
15 authorization to the owners of the 2 existing water
16 transport or diversion facilities, including adminis-
17 trative access roads (each referred to in this sub-
18 section as a "facility"), located on National Forest
19 System land in the San Rafael Wilderness Additions
20 in the Moon Canyon unit (T. 11 N., R. 30 W., secs.
21 13 and 14) and the Peak Mountain unit (T. 10 N.,
22 R. 28 W., secs. 23 and 26) for the continued oper-
23 ation, maintenance, and reconstruction of the facility
24 if the Secretary determines that—
•S 1776 IS
114
1 (A) the facility was in existence on the
2 date on which the land on which the facility is
3 located was designated as part of the National
4 Wilderness Preservation System (referred to in
5 this subsection as "the date of designation");
6 (B) the facility has been in substantially
7 continuous use to deliver water for the bene-
8 ficial use on the non -Federal land of the owner
9 since the date of designation;
10 (C) the owner of the facility holds a valid
11 water right for use of the water on the non-
12 Federal land of the owner under State law, with
13 a priority date that predates the date of des-
14 ignation; and
15 (D) it is not practicable or feasible to relo-
16 cate the facility to land outside of the wilder-
17 ness and continue the beneficial use of water on
18 the non -Federal land recognized under State
19 law.
20 (2) TERMS AND CONDITIONS.-
21 (A) REQUIRED TERMS AND CONDITIONS.-
22 In a special use authorization issued under
23 paragraph (1), the Secretary may-
24 (i) allow use of motorized equipment
25 and mechanized transport for operation,
•S 1776 IS
115
1 maintenance, or reconstruction of a facil-
2 ity, if the Secretary determines that-
3 (I) the use is the minimum nec-
4
essary to allow the facility to continue
5
delivery of water to the non -Federal
6
land for the beneficial uses recognized
7
by the water right held under State
8
law; and
9
(II) the use of nonmotorized
10
equipment and nonmechanized trans-
11
port is impracticable or infeasible; and
12
(ii) preclude use of the facility for the
13
diversion or transport of water in excess of
14
the water right recognized by the State on
15
the date of designation.
16
(B) DISCRETIONARY TERMS AND CONDI-
17
TIONS.—In a special use authorization issued
18
under paragraph (1), the Secretary may require
19
or allow modification or relocation of the facility
20
in the wilderness, as the Secretary determines
21
necessary, to reduce impacts to wilderness val-
22
ues set forth in section 2 of the Wilderness Act
23
(16 U.S.C. 1131) if the beneficial use of water
24
on the non -Federal land is not diminished.
•S 1776 IS
116
1 (k) TREATMENT OF EXISTING ELECTRICAL DIS-
2 TRIBUTION LINE IN THE SAN RAFAEL WILDERNESS AD-
3 DITIONS.
4 (1) AUTHORIZATION FOR CONTINUED USE.-
5 The Secretary of Agriculture may issue a special use
6 authorization to the owners of the existing electrical
7 distribution line to the Plowshare Peak communica-
8 tion site (referred to in this subsection as a "facil-
9 ity") located on National Forest System land in the
10 San Rafael Wilderness Additions in the Moon Can-
11 you unit (T. 11 N., R. 30 W., secs. 2, 3 and 4) for
12 the continued operation, maintenance, and recon-
13 struction of the facility if the Secretary determines
14 that-
15 (A) the facility was in existence on the
16 date on which the land on which the facility is
17 located was designated as part of the National
18 Wilderness Preservation System (referred to in
19 this subsection as "the date of designation");
20 (B) the facility has been in substantially
21 continuous use to deliver electricity to the com-
22 munication site; and
23 (C) it is not practicable or feasible to relo-
24 cate the distribution line to land outside of the
25 wilderness.
•S 1776 IS
117
1 (2) TERMS AND CONDITIONS.
2 (A) REQUIRED TERMS AND CONDITIONS.
3 In a special use authorization issued under
4 paragraph (1), the Secretary may allow use of
5 motorized equipment and mechanized transport
6 for
operation,
maintenance, or
reconstruction of
7 the
electrical
distribution line,
if the Secretary
8 determines that the use of nonmotorized equip-
9 ment and nonmechanized transport is impracti-
10 cable or infeasible.
11 (B) DISCRETIONARY TERMS AND CONDI-
12 TIONS.—In a special use authorization issued
13 under paragraph (1), the Secretary may require
14 or allow modification or relocation of the facility
15 in the wilderness, as the Secretary determines
16 necessary, to reduce impacts to wilderness val-
17 ues set forth in section 2 of the Wilderness Act
18 (16 U.S.C. 1131).
19 (1) CLIMATOLOGICAL DATA COLLECTION. —In ac-
20 cordance with the Wilderness Act (16 U.S.C. 1131 et seq. )
21 and subject to terms and conditions as the Secretary may
22 prescribe, the Secretary may authorize the installation and
23 maintenance of hydrologic, meteorologic, or climatological
24 collection devices in the wilderness areas if the Secretary
25 determines that the facilities and access to the facilities
•S 1776 IS
11S
1 are essential to flood warning, flood control, or water res-
2 ervoir operation activities.
3 SEC. 205. DESIGNATION OF WILD AND SCENIC RIVERS.
4 (a) INDIAN CREEK, MONO CREEK, AND MATILIJA
5 CREEK, CALIFORNIA.—Section 3(a) of the Wild and Sce-
6 nic Rivers Act (16 U.S.C. 1274(a)) (as amended by sec-
7 tion 134) is amended by adding at the end the following:
8 "(271) INDIAN CREEK, CALIFORNIA.—The fol-
9 lowing segments of Indian Creek in the State of
10 California, to be administered by the Secretary of
11 Agriculture:
12 "(A) The 9.5-mile segment of Indian Creek
13 from its source in sec. 19, T. 7 N., R. 26 W.,
14 to the Dick Smith Wilderness boundary, as a
15 wild river.
16 "(B) The 1-mile segment of Indian Creek
17 from the Dick Smith Wilderness boundary to
18 0.25 miles downstream of Road 6N24, as a sce-
19 nic river.
20 "(C) The 3.9-mile segment of Indian Creek
21 from 0.25 miles downstream of Road 6N24 to
22 the southern boundary of sec. 32, T. 6 N., R.
23 26 W., as a wild river.
24 "(272) MONO CREEK, CALIFORNIA.—The fol-
25 lowing segments of Mono Creek in the State of Cali-
•S 1776 IS
119
1 fornia, to be administered by the Secretary of Agri-
2 culture:
3 "(A) The 4.2-mile segment of Mono Creek
4 from its source in sec. 1, T. 7 N., R. 26 W.,
5 to 0.25 miles upstream of Don Victor Fire
6 Road in sec. 28, T. 7 N., R. 25 W., as a wild
7 river.
8 "(B) The 2.1-mile segment of Mono Creek
9 from 0.25 miles upstream of the Don Victor
10 Fire Road in sec. 28, T. 7 N., R. 25 W., to
11 0.25 miles downstream of Don Victor Fire
12 Road in sec. 34, T. 7 N., R. 25 W., as a rec-
13 reational river.
14 "(C) The 14.7-mile segment of Mono
15 Creek from 0.25 miles downstream of Don Vic-
16 for Fire Road in sec. 34, T. 7 N., R. 25 W.,
17 to the Ogilvy Ranch private property boundary
18 in sec. 22, T. 6 N., R. 26 W., as a wild river.
19 "(D) The 3.5-mile segment of Mono Creek
20 from the Ogilvy Ranch private property bound-
21 ary to the southern boundary of sec. 33, T. 6
22 N., R. 26 W., as a recreational river.
23 "(273) MATILIJA CREEK, CALIFORNIA.—The
24 following segments of Matilij a Creek in the State of
•S 1776 IS
120
1 California, to be administered by the Secretary of
2 Agriculture:
3 "(A) The 7.2-mile segment of the Matilija
4 Creek from its source in sec. 25, T. 6 N., R.
5 25 W., to the private property boundary in sec.
6 9, T. 5 N., R. 24 W., as a wild river.
7 "(B) The 7.25-mile segment of the Upper
8 North Fork Matilija Creek from its source in
9 sec. 36, T. 6 N., R. 24 W., to the Matilija Wil-
10 derness boundary, as a wild river.".
11 (b) SESPE CREEK, CALIFORNIA.—Section 3(a) of the
12 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amend-
13 ed by striking paragraph (142) and inserting the fol-
14 lowing:
15 "(142) SESPE CREEK, CALIFORNIA.—The fol-
16 lowing segments of Sespe Creek in the State of Cali-
17 fornia, to be administered by the Secretary of Agri-
18 culture:
19 "(A) The 2.7-mile segment of Sespe Creek
20 from the private property boundary in sec. 10,
21 T. 6 N., R. 24 W., to the Hartman Ranch pri-
22 vate property boundary in sec. 14, T. 6 N., R.
23 24 W., as a wild river.
24 "(B) The 15-mile segment of Sespe Creek
25 from the Hartman Ranch private property
•S 1776 IS
121
1 boundary in sec. 14, T. 6 N., R. 24 W., to the
2 western boundary of sec. 6, T. 5 N., R. 22 W.,
3 as a recreational river.
4 "(C) The 6.1-mile segment of Sespe Creek
5 from the western boundary of sec. 6, T. 5 N.,
6 R. 22 W., to the confluence with Trout Creek,
7 as a scenic river.
8 "(D) The 2S.6-mile segment of Sespe
9 Creek from the confluence with Trout Creek to
10 the southern boundary of sec. 35, T. 5 N., R.
11 20 W., as a wild river.".
12 (c) SIsQUoc RwER, CALIFORNIA.—Section 3(a) of
13 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
14 amended by striking paragraph (143) and inserting the
15 following:
16 "(143) SISQUOc RIVER, CALIFORNIA.—The fol-
17 lowing segments of the Sisquoc River and its tribu-
18 taries in the State of California, to be administered
19 by the Secretary of Agriculture:
20 "(A) The 33-mile segment of the main
21 stem of the Sisquoc River extending from its
22 origin downstream to the Los Padres Forest
23 boundary, as a wild river.
24 "(B) The 4.2-mile segment of the South
25 Fork Sisquoc River from its source northeast of
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1 San Rafael Mountain in sec. 2, T. 7 N., R. 2S
2 W., to its confluence with the Sisquoc River, as
3 a wild river.
4 "(C) The 10.4-mile segment of Manzana
5 Creek from its source west of San Rafael Peak
6 in sec. 4, T. 7 N., R. 2S W., to the San Rafael
7 Wilderness boundary upstream of Nira Camp-
8 ground, as a wild river.
9 "(D) The 0.6-mile segment of Manzana
10 Creek from the San Rafael Wilderness bound-
11 airy upstream of the Nira Campground to the
12 San Rafael Wilderness boundary downstream of
13 the confluence of Davy Brown Creek, as a rec-
14 reational river.
15 "(E) The 5.S-mile segment of Manzana
16 Creek from the San Rafael Wilderness bound-
17 ary downstream of the confluence of Davy
18 Brown Creek to the private property boundary
19 in sec. 1, T. S N., R. 30 W., as a wild river.
20 "(F) The 3.S-mile segment of Manzana
21 Creek from the private property boundary in
22 sec. 1, T. S N., R. 30 W., to the confluence of
23 the Sisquoc River, as a recreational river.
24 "(G) The 3.4-mile segment of Davy Brown
25 Creek from its source west of Ranger Peak in
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1 sec. 32, T. 8 N., R. 29 W., to 300 feet up-
2 stream of its confluence with Munch Canyon, as
3 a wild river.
4 "(H) The 1.4-mile segment of Davy Brown
5 Creek from 300 feet upstream of its confluence
6
with Munch Canyon to its confluence with
7
Manzana Creek, as a recreational river.
8
"(I) The 2-mile segment of Munch Canyon
9
from its source north of Ranger Peak in sec.
10
331 T. 8 N., R. 29 W., to 300 feet upstream
11
of its confluence with Sunset Valley Creek, as
12
a wild river.
13
"(J) The 0.5-mile segment of Munch Can-
14
you from 300 feet upstream of its confluence
15
with Sunset Valley Creek to its confluence with
16
Davy Brown Creek, as a recreational river.
17
"(K) The 2.6-mile segment of Fish Creek
18
from 500 feet downstream of Sunset Valley
19
Road to its confluence with Manzana Creek, as
20
a wild river.
21
"(L) The 1.5-mile segment of East Fork
22
Fish Creek from its source in sec. 26, T. 8 N.,
23
R. 29 W., to its confluence with Fish Creek, as
24
a wild river.".
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1 (d) PIRU CREEK, CALIFORNIA.—Section 3(a) of the
2 Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amend-
3 ed by striking paragraph (199) and inserting the fol-
4 lowing:
5 "(199) PIRU CREEK, CALIFORNIA.—The fol-
6 lowing segments of Piru Creek in the State of Cali-
7 fornia, to be administered by the Secretary of Agri-
8 culture:
9 "(A) The 9.1-mile segment of Piru Creek
10 from its source in sec. 3, T. 6 N., R. 22 W.,
11 to the private property boundary in sec. 4, T.
12 6 N., R. 21 W., as a wild river.
13 "(B) The 17.2-mile segment of Piru Creek
14 from the private property boundary in sec. 4, T.
15 6 N., R. 21 W., to 0.25 miles downstream of
16 the Gold Hill Road, as a scenic river.
17 "(C) The 4.1-mile segment of Piru Creek
18 from 0.25 miles downstream of Gold Hill Road
19 to the confluence with Trail Canyon, as a wild
20 river.
21 "(D) The 7.25-mile segment of Piru Creek
22 from the confluence with Trail Canyon to the
23 confluence with Buck Creek, as a scenic river.
24 "(E) The 3-mile segment of Piru Creek
25 from 0.5 miles downstream of Pyramid Dam at
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1 the first bridge crossing to the boundary of the
2 Sespe Wilderness, as a recreational river.
3 "(F) The 13-mile segment of Piru Creek
4 from the boundary of the Sespe Wilderness to
5 the boundary of the Sespe Wilderness, as a wild
6 river.
7 "(G)
The 2.2-mile segment
of Piru Creek
8 from the
boundary of the Sespe
Wilderness to
9 the upper limit of Piru Reservoir, as a rec-
10 reational river."
11 (e) EFFECT. —The designation of additional miles of
12 Piru Creek under subsection (d) shall not affect valid
13 water rights in existence on the date of enactment of this
14 Act.
15 (f) MOTORIZED USE OF TRAILS. —Nothing in this
16 section (including the amendments made by this section)
17 affects the motorized use of trails designated by the Forest
18 Service for motorized use that are located adjacent to and
19 crossing upper Piru Creek, if the use is consistent with
20 the protection and enhancement of river values under the
21 Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) .
22 SEC. 206. DESIGNATION OF THE FOX MOUNTAIN POTEN-
23 TIAL WILDERNESS.
24 (a) DESIGNATION. —In furtherance of the purposes of
25 the Wilderness Act (16 U.S.C. 1131 et seq.), certain land
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1 in the Los Padres National Forest comprising approxi-
2 mately 41,082 acres, as generally depicted on the map en-
3 titled "Fox Mountain Potential Wilderness Area" and
4 dated November 14, 2019, is designated as the Fox Moun-
5 Lain Potential Wilderness Area.
6 (b) MAP AND LEGAL DESCRIPTION.-
7 (1) IN GENERAL. As soon as practicable after
8 the date of enactment of this Act, the Secretary of
9 Agriculture shall file a map and a legal description
10 of the Fox Mountain Potential Wilderness Area (re-
11 ferred to in this section as the "potential wilderness
12 area") with-
13 (A) the Committee on Energy and Natural
14 Resources of the Senate; and
15 (B) the Committee on Natural Resources
16 of the House of Representatives.
17 (2) FORCE OF LAW. —The map and legal de-
18 scription filed under paragraph (1) shall have the
19 same force and effect as if included in this title, ex-
20 cept that the Secretary of Agriculture may correct
21 any clerical and typographical errors in the map and
22 legal description.
23 (3) PUBLIC AVAILABILITY. —The map and legal
24 description filed under paragraph (1) shall be on file
•S 1776 IS
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1 and available for public inspection in the appropriate
2 offices of the Forest Service.
3 (C) MANAGEMENT. —Except as provided in subsection
4 (d) and subject to valid existing rights, the Secretary shall
5 manage the potential wilderness area in accordance with
6 the Wilderness Act (16 U.S.C. 1131 et seq.).
7 (d) TRAIL USE CONSTRUCTION, RECONSTRUCTION,
8 AND REALIGNMENT.-
9 (1) IN GENERAL. —In accordance with para-
10 graph (2), the Secretary of Agriculture may-
11 (A) construct a new trail for use by hikers,
12 equestrians, and mechanized vehicles that con-
13 nects the Aliso Park Campground to the Bull
14 Ridge Trail; and
15 (B) reconstruct or realign-
16 (i) the Bull Ridge Trail; and
17 (ii) the Rocky Ridge Trail.
18 (2) REQUIREMENT. —In carrying out the con-
19 struction, reconstruction, or alignment under para-
20 graph (1), the Secretary shall-
21 (A) comply with all existing laws (including
22 regulations); and
23 (B) to the maximum extent practicable,
24 use the minimum tool or administrative practice
25 necessary to accomplish the construction, recon-
•S 1776 IS
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1 struction, or alignment with the least amount of
2 adverse impact on wilderness character and re-
3 sources.
4 (3) MOTORIZED VEHICLES AND MACHINERY.-
5 In accordance with paragraph (2), the Secretary
6 may use motorized vehicles and machinery to carry
7 out the trail construction, reconstruction, or realign-
8 ment authorized by this subsection.
9 (4) MECHANIZED VEHICLES. —The Secretary
10 may permit the use of mechanized vehicles on the
11 existing Bull Ridge Trail and Rocky Ridge Trail in
12 accordance with existing law (including regulations)
13 and this subsection until such date as the potential
14 wilderness area is designated as wilderness in ac-
15 cordance with subsection (h).
16 (e) WITHDRAWAL. —Subject to valid existing rights,
17 the Federal land in the potential wilderness area is with-
18 drawn from all forms of-
19 (1) entry, appropriation, or disposal under the
20 public land laws;
21 (2) location, entry, and patent under the mining
22 laws; and
23 (3) disposition under all laws pertaining to min-
24 eral and geothermal leasing or mineral materials.
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1 (f) COOPERATIVE AGREEMENTS. —In carrying out
2 this section, the Secretary may enter into cooperative
3 agreements with State, Tribal, and local governmental en-
4 tities and private entities to complete the trail construe-
5 Lion, reconstruction, and realignment authorized by sub-
6 section (d).
7 (g) BOUNDARIES. —The Secretary shall modify the
8 boundary of the potential wilderness area to exclude any
9 area within 50 feet of the centerline of the new location
10 of any trail that has been constructed, reconstructed, or
11 realigned under subsection (d).
12 (h) WILDERNESS DESIGNATION.-
13 (1) IN GENERAL. —The potential wilderness
14 area, as modified under subsection (g), shall be des-
15 ignated as wilderness and as a component of the Na-
16 tional Wilderness Preservation System on the earlier
17 of-
18 (A) the date on which the Secretary pub-
19 lishes in the Federal Register notice that the
20 trail construction, reconstruction, or alignment
21 authorized by subsection (d) has been com-
22 pleted; and
23 (B) the date that is 20 years after the date
24 of enactment of this Act.
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1 (2) ADMINISTRATION OF WILDERNESS. —On
2 designation as wilderness under this section, the po-
3 tential wilderness area shall be-
4 (A) incorporated into the San Rafael Wil-
5 derness, as designated by Public Law 90-271
6 (16 U.S.C. 1132 note; 82 Stat. 51) and ex-
7 panded by section 202; and
8 (B) administered in accordance with sec-
9 tion 204 and the Wilderness Act (16 U.S.C.
10 1131 et seq.).
11 SEC. 207. DESIGNATION OF SCENIC AREAS.
12 (a) IN GENERAL. —Subject to valid existing rights,
13 there are established the following scenic areas:
14 (1) CONDOR RIDGE SCENIC AREA. —Certain
15 land in the Los Padres National Forest comprising
16 approximately 18,666 acres, as generally depicted on
17 the map entitled "Condor Ridge Scenic Area—Pro-
18 posed" and dated March 29, 2019, which shall be
19 known as the "Condor Ridge Scenic Area".
20 (2) BLACK MOUNTAIN SCENIC AREA. —Certain
21 land in the Los Padres National Forest and the Ba-
22 kersfield Field Office of the Bureau of Land Man-
23 agement comprising approximately 16,216 acres, as
24 generally depicted on the map entitled "Black Moun-
25 tain Scenic Area —Proposed" and dated March 29,
•S 1776 IS
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1 2019, which shall be known as the "Black Mountain
2 Scenic Area".
3 (b) MAPS AND LEGAL DESCRIPTIONS.-
4 (1) IN GENERAL. As soon as practicable after
5 the date of enactment of this Act, the Secretary of
6 Agriculture and the Secretary of the Interior shall
7 file a map and legal description of the Condor Ridge
8 Scenic Area and Black Mountain Scenic Area with-
9 (A) the Committee on Energy and Natural
10 Resources of the Senate; and
11 (B) the Committee on Natural Resources
12 of the House of Representatives.
13 (2) FORCE OF LAw.—The maps and legal de-
14 scriptions filed under paragraph (1) shall have the
15 same force and effect as if included in this title, ex-
16 cept that the Secretary of Agriculture and the Sec-
17 retary of the Interior may correct any clerical and
18 typographical errors in the maps and legal descrip-
19 tions.
20 (3) PUBLIC AVAILABILITY. —The maps and
21 legal descriptions filed under paragraph (1) shall be
22 on file and available for public inspection in the ap-
23 propriate offices of the Forest Service and Bureau
24 of Land Management.
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1 (c) PURPOSE. —The purpose of the scenic areas is to
2 conserve, protect, and enhance for the benefit and enjoy-
3 ment of present and future generations the ecological, sce-
4 nic, wildlife, recreational, cultural, historical, natural, edu-
5 cational, and scientific resources of the scenic areas.
6 (d) MANAGEMENT.-
7 (1) IN GENERAL. —The Secretary of Agriculture
8 and the Secretary of the Interior shall administer
9 the scenic areas-
10 (A) in a manner that conserves, protects,
11 and enhances the resources of the scenic areas,
12 and in particular the scenic character attributes
13 of the scenic areas; and
14 (B) in accordance with-
15 (i) this section;
16 (ii) the Federal Land Policy and Man-
17 agement Act (43 U.S.C. 1701 et seq.) for
18 land under the jurisdiction of the Secretary
19 of the Interior;
20 (iii) any laws (including regulations)
21 relating to the National Forest System, for
22 land under the jurisdiction of the Secretary
23 of Agriculture; and
24 (iv) any other applicable law (includ-
25 ing regulations).
•S 1776 IS
133
1 (2) USES. —The Secretary shall only allow those
2 uses of the scenic areas that the Secretary deter-
3 mines would further the purposes described in sub-
4 section (c).
5 (e) WITHDRAWAL. —Subject to valid existing rights,
6 the Federal land in the scenic areas is withdrawn from
7 all forms of-
8 (1) entry, appropriation, or disposal under the
9 public land laws;
10 (2) location, entry, and patent under the mining
11 laws; and
12 (3) disposition under all laws pertaining to min-
13 eral and geothermal leasing or mineral materials.
14 (f) PROHIBITED USES. —The following shall be pro-
15 hibited on the Federal land within the scenic areas:
16 (1) Permanent roads.
17 (2) Permanent structures.
18 (3) Timber harvesting except when necessary
19 for the purposes described in subsection (g).
20 (4) Transmission lines.
21 (5) Except as necessary to meet the minimum
22 requirements for the administration of the scenic
23 areas and to protect public health and safety-
24 (A) the use of motorized vehicles; or
25 (B) the establishment of temporary roads.
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1 (6) Commercial enterprises, except as necessary
2 for realizing the purposes of the scenic areas.
3 (g) WILDFIRE, INSECT, AND DISEASE MANAGE-
4 MENT.—Consistent with this section, the Secretary may
5 take any measures in the scenic areas that the Secretary
6 determines to be necessary to control fire, insects, and dis-
7 eases, including, as the Secretary determines to be appro-
8 priate, the coordination of those activities with the State
9 or a local agency.
10 (h) ADJACENT MANAGEMENT. —The fact that an oth-
11 erwise authorized activity or use can be seen or heard
12 within a scenic area shall not preclude the activity or use
13 outside the boundary of the scenic area.
14 SEC. 208. CONDOR NATIONAL SCENIC TRAIL.
15 (a) FINDING. —Congress finds that the Condor Na-
16 tional Scenic Trail established under paragraph (33) of
17 section 5(a) of the National Trails System Act (16 U.S.C.
18 1244(a)) is named after the California Condor, a critically
19 endangered bird species that lives along the corridor of
20 the Condor National Scenic Trail.
21 (b) PURPOSES. —The purposes of the Condor Na-
22 tional Scenic Trail are-
23 (1) to provide a continual extended hiking cor-
24 ridor that connects the southern and northern por-
25 tions of the Los Padres National Forest, spanning
•S 1776 IS
135
1 the entire length of the forest along the coastal
2 mountains of southern and central California; and
3 (2) to provide for the public enjoyment of the
4 nationally significant scenic, historic, natural, and
5 cultural resources of the Los Padres National For-
6 est.
7 (c) AMENDMENT. —Section 5(a) of the National
8 Trails System Act (16 U.S.C. 1244(a)) is amended-
9 (1) by redesignating the second paragraph (31)
10 (relating to the Butterfield Overland National His-
11 toric Trail) as paragraph (32); and
12 (2) by adding at the end the following:
13 "(33) CONDOR NATIONAL SCENIC TRAIL.-
14 "(A) IN GENERAL. —The Condor National
15 Scenic Trail, a trail extending approximately
16 400 miles from Lake Piru in the southern por-
17 tion of the Los Padres National Forest to the
18 Bottchers Gap Campground in the northern
19 portion of the Los Padres National Forest.
20 "(B) ADMINISTRATION. —The Condor Na-
21 tional Scenic Trail shall be administered by the
22 Secretary of Agriculture, in consultation with-
23 "(i) other Federal, State, Tribal, re-
24 gional, and local agencies;
25 "(ii) private landowners; and
•S 1776 IS
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1 "(iii) other interested organizations.
2 "(C) RECREATIONAL USES.—NOtwith-
3 standing section 7(c), the use of motorized vehi-
4 cles on roads or trails included in the Condor
5 National Scenic Trail on which motorized vehi-
6 cles are permitted as of the date of enactment
7 of this paragraph may be permitted.
8 "(D) PRIVATE PROPERTY RIGHTS.-
9 "(i) PROHIBITION. —The Secretary
10 shall not acquire for the Condor National
11 Scenic Trail any land or interest in land
12 outside the exterior boundary of any feder-
13 ally managed area without the consent of
14 the owner of land or interest in land.
15 "(ii) EFFECT. —Nothing in this para-
16 graph-
17 "(I) requires any private prop-
18 erty owner to allow public access (in-
19 cluding Federal, State, or local gov-
20 ernment access) to private property;
21 or
22 "(II) modifies any provision of
23 Federal, State, or local law with re-
24 spect to public access to or use of pri-
25 vate land.
•S 1776 IS
137
1 "(E) REALIGNMENT. —The Secretary of
2 Agriculture may realign segments of the Condor
3 National Scenic Trail as necessary to fulfill the
4 purposes of the Condor National Scenic Trail.".
5 (d) STUDY.-
6 (1) STUDY REQUIRED. —Not later than 6 years
7 after the date of enactment of this Act, in accord-
8 ance with this subsection, the Secretary of Agri-
9 culture shall conduct a study that-
10 (A) addresses the feasibility of, and alter-
11 natives for, connecting the northern and south-
12 ern portions of the Los Padres National Forest
13 by establishing a trail across the applicable por-
14 tions of the northern and southern Santa Lucia
15 Mountains of the southern California Coastal
16 Range; and
17 (B) considers realignment of the Condor
18 National Scenic Trail or construction of new
19 segments for the Condor National Scenic Trail
20 to avoid existing segments of the Condor Na-
21 tional Scenic Trail that allow motorized vehi-
22 cles.
23 (2) CONTENTS. —In carrying out the study re-
24 quired under paragraph (1), the Secretary of Agri-
25 culture shall—
•S 1776 IS
[WOO"
1 (A) comply with the requirements for stud-
2 ies for a national scenic trail described in sec-
3 tion 5 (b) of the National Trails System Act (16
4 U.S.C. 1244(b));
5 (B) provide for a continual hiking route
6
through and connecting the southern and
7
northern sections of the Los Padres National
8
Forest;
9
(C) promote recreational, scenic, wilder-
10
ness, and cultural values;
11
(D) enhance connectivity with the overall
12
system of National Forest System trails;
13
(E) consider new connectors and realign-
14
ment of existing trails;
15
(F) emphasize safe and continuous public
16
access, dispersal from high -use areas, and suit-
17 able water sources; and
18 (G) to the extent practicable, provide all-
19 year use.
20 (3) ADDITIONAL REQUIREMENT. —In com-
21 pleting the study required under paragraph (1), the
22 Secretary of Agriculture shall consult with-
23 (A) appropriate Federal, State, Tribal, re-
24 gional, and local agencies;
25 (B) private landowners;
•S 1776 IS
139
1 (C) nongovernmental organizations; and
2 (D) members of the public.
3 (4) SUBMISSION. —The Secretary of Agriculture
4 shall submit the study required under paragraph (1)
5 to-
6 (A) the Committee on Energy and Natural
7 Resources of the Senate; and
8 (B) the Committee on Natural Resources
9 of the House of Representatives.
10 (5) ADDITIONS AND ALTERATIONS TO THE
11 CONDOR NATIONAL SCENIC TRAIL.-
12 (A) IN GENERAL. —On completion of the
13 study required under paragraph (1), if the Sec-
14 retary of Agriculture determines that additional
15 or alternative trail segments are feasible for in-
16 elusion in the Condor National Scenic Trail, the
17 Secretary of Agriculture shall include the seg-
18 ments in the Condor National Scenic Trail.
19 (B) EFFECTIVE DATE. An addition or al-
20 teration to the Condor National Scenic Trail
21 determined to be feasible under subparagraph
22 (A) shall take effect on the date on which the
23 Secretary of Agriculture publishes in the Fed-
24 eral Register notice that the additional or alter-
•S 1776 IS
140
1 native segments are included in the Condor Na-
2 tional Scenic Trail.
3 (e) COOPERATIVE AGREEMENTS. —In carrying out
4 this section (including the amendments made by this sec-
5 tion), the Secretary of Agriculture may enter into coopera-
6 tive agreements with State, Tribal, and local government
7 entities and private entities to complete necessary con-
8 struction, reconstruction, and realignment projects au-
9 thorized for the Condor National Scenic Trail under this
10 section (including the amendments made by this section).
11 SEC. 209. FOREST SERVICE STUDY.
12 Not later than 6 years after the date of enactment
13 of this Act, the Secretary of Agriculture (acting through
14 the Chief of the Forest Service) shall study the feasibility
15 of opening a new trail, for vehicles measuring 50 inches
16 or less, connecting Forest Service Highway 95 to the exist-
17 ing off -highway vehicle trail system in the Ballinger Can-
18 you off -highway vehicle area.
19 SEC. 210. NONMOTORIZED RECREATION OPPORTUNITIES.
20 Not later than 6 years after the date of enactment
21 of this Act, the Secretary of Agriculture, in consultation
22 with interested parties, shall conduct a study to improve
23 nonmotorized recreation trail opportunities (including
24 mountain bicycling) on land not designated as wilderness
•S 1776 IS
141
1 within the Santa Barbara, Ojai, and Mt. Pinos ranger dis-
2 tricts.
3 SEC. 211. USE BY MEMBERS OF INDIAN TRIBES.
4 (a) ACCESS. —The Secretary shall ensure that Indian
5 Tribes have access, in accordance with the Wilderness Act
6 (16 U.S.C. 1131 et seq.), to the wilderness areas, scenic
7 areas, and potential wilderness areas designated by this
8 title for traditional cultural and religious purposes.
9 (b) TEMPORARY CLOSURES.-
10 (1) IN GENERAL. —In carrying out this section,
11 the Secretary, on request of an Indian Tribe, may
12 temporarily close to the general public 1 or more
13 specific portions of a wilderness area, scenic area, or
14 potential wilderness area designated by this title to
15
protect the
privacy
of the members of the Indian
16
Tribe in the
conduct
of traditional cultural and reli-
17 gious activities.
18 (2) REQUIREMENT. Any closure under para-
19 graph (1) shall be-
20 (A) made in such a manner as to affect
21 the smallest practicable area for the minimum
22 period of time necessary for the activity to be
23 carried out; and
24 (B) be consistent with—
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142
1 (i) Public Law 95-341 (commonly
2 known as the "American Indian Religious
3 Freedom Act") (42 U.S.C. 1996 et seq.);
4 and
5 (ii) the Wilderness Act (16 U.S.C.
6 1131 et seq.).
7 TITLE III-SAN GABRIEL MOUN-
8 TAINS FOOTHILLS AND RIV-
9 ERS PROTECTION
10 SEC. 301. DEFINITIONS.
11 In this title:
12 (1) SECRETARY. —The term "Secretary" means
13 the Secretary of Agriculture.
14 (2) STATE. —The term "State" means the State
15 of California.
16 (3) WILDERNESS AREA OR ADDITION. —The
17 term "wilderness area or addition" means any wil-
18 derness area or wilderness addition designated by
19 section 303(a).
20 SEC. 302. NATIONAL MONUMENT BOUNDARY MODIFICA-
21 TION.
22 (a) IN GENERAL. —The San Gabriel Mountains Na-
23 tional Monument established by Presidential Proclamation
24 9194 (54 U.S.C. 320301 note) (referred to in this section
25 as the "Monument") is modified to include the approxi-
•S 1776 IS
143
1 mately 109,167 acres of additional National Forest Sys-
2 tem land depicted as the "Proposed San Gabriel Moun-
3 tains National Monument Expansion" on the map entitled
4 "Proposed San Gabriel Mountains National Monument
5 Expansion" and dated June 26, 2019.
6 (b) ADMINISTRATION. —The Secretary shall admin-
7 ister the Monument (including the land added to the
8 Monument by subsection (a)), in accordance with-
9 (1) Presidential Proclamation Number 9194,
10 dated October 10, 2014 (79 Fed. Reg. 62303);
11 (2) the laws generally applicable to the Monu-
12 ment; and
13 (3) this title.
14 (c) MANAGEMENT PLAN. —Not later than 3 years
15 after the date of enactment of this Act, the Secretary shall
16 consult with the State, local governments, and interested
17 members of the public to update the San Gabriel Moun-
18 tains National Monument Plan to provide management di-
19 rection and protection for the land added to the Monu-
20 ment by subsection (a).
21 SEC. 303. DESIGNATION OF WILDERNESS AREAS AND ADDI-
22 TIONS.
23 (a) DESIGNATION. —In accordance with the Wilder-
24 ness Act (16 U.S.C. 1131 et seq.), the following parcels
25 of National Forest System land in the State are des-
•S 1776 IS
144
1 ignated as wilderness and as components of the National
2 Wilderness Preservation System:
3 (1) CONDOR PEAK WILDERNEss.—Certain Fed-
4 eral land in the Angeles National Forest, comprising
5 approximately 8,207 acres, as generally depicted on
6 the map entitled "Condor Peak Wilderness—Pro-
7 posed" and dated June 6, 2019, which shall be
8 known as the "Condor Peak Wilderness".
9 (2) SAN GABRIEL WILDERNESS ADDITIONS.-
10 Certain Federal land in the Angeles National Forest,
11 comprising approximately 2,032 acres, as generally
12 depicted on the map entitled "San Gabriel Wilder-
13 ness Additions" and dated June 6, 2019, which is
14 incorporated in, and considered to be a part of, the
15 San Gabriel Wilderness designated by Public Law
16 90-318 (16 U.S.C. 1132 note; 82 Stat. 131).
17 (3) SHEEP MOUNTAIN WILDERNESS ADDI-
18 TIONS.—Certain Federal land in the Angeles Na-
19 tional Forest, comprising approximately 13,726
20 acres, as generally depicted on the map entitled
21 "Sheep Mountain Wilderness Additions" and dated
22 June 6, 2019, which is incorporated in, and consid-
23 ered to be a part of, the Sheep Mountain Wilderness
24 designated by section 101(a)(29) of the California
•S 1776 IS
145
1 Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub-
2 lic Law 98-425; 98 Stat. 1623).
3 (4) YERBA BUENA WILDERNESS. —Certain Fed-
4 eral land in the Angeles National Forest, comprising
5 approximately 6,694 acres, as generally depicted on
6 the map entitled "Yerba Buena Wilderness—Pro-
7 posed" and dated June 6, 2019, which shall be
8 known as the "Yerba Buena Wilderness".
9 (b) MAP AND LEGAL DESCRIPTION.-
10 (1) IN GENERAL. As soon as practicable after
11 the date of enactment of this Act, the Secretary
12 shall file a map and a legal description of the wilder-
13 ness areas and additions with-
14 (A) the Committee on Energy and Natural
15 Resources of the Senate; and
16 (B) the Committee on Natural Resources
17 of the House of Representatives.
18 (2) FORCE OF LAw.—The map and legal de-
19 scription filed under paragraph (1) shall have the
20 same force and effect as if included in this title, ex-
21 cept that the Secretary may correct any clerical or
22 typographical error in the map or legal description.
23 (3) PUBLIC AVAILABILITY. —The map and legal
24 description filed under paragraph (1) shall be on file
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1 and available for public inspection in the appropriate
2 offices of the Forest Service.
3 SEC. 304. ADMINISTRATION OF WILDERNESS AREAS AND
4 ADDITIONS.
5 (a) IN GENERAL. —Subject to valid existing rights,
6 the wilderness areas and additions shall be administered
7 by the Secretary in accordance with this section and the
8 Wilderness Act (16 U.S.C. 1131 et seq.), except that any
9 reference in that Act to the effective date of that Act shall
10 be considered to be a reference to the date of enactment
11 of this Act.
12 (b) FIRE MANAGEMENT AND RELATED ACTIVI-
13 TIEs.-
14 (1) IN GENERAL. —The Secretary may carry out
15 such activities in a wilderness area or addition as
16 are necessary for the control of fire, insects, or dis-
17 eases in accordance with-
18 (A) section 4(d)(1) of the Wilderness Act
19 (16 U.S.C. 1133(d)(1)); and
20 (B) House Report 9S-40 of the 9Sth Con-
21 gress.
22 (2) FUNDING PRIORITIEs.—Nothing in this title
23 limits funding for fire or fuels management in a wil-
24 derness area or addition.
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1 (3) REVISION AND DEVELOPMENT OF LOCAL
2 FIRE MANAGEMENT PLANS. As soon as practicable
3 after the date of enactment of this Act, the Sec-
4 retary shall amend, as applicable, any local fire man-
5 agement plan that applies to a wilderness area or
6 addition.
7 (4) ADMINISTRATION. —In accordance with
8 paragraph (1) and any other applicable Federal law,
9 to ensure a timely and efficient response to a fire
10 emergency in a wilderness area or addition, the Sec-
11 retary shall-
12 (A) not later than 1 year after the date of
13 enactment of this Act, establish agency ap-
14 proval procedures (including appropriate delega-
15 tions of authority to the Forest Supervisor, Dis-
16 trict Manager, or other agency officials) for re-
17 sponding to fire emergencies; and
18 (B) enter into agreements with appropriate
19 State or local firefighting agencies.
20 (c) GRAZING. —The grazing of livestock in a wilder-
21 ness area or addition, if established before the date of en-
22 actment of this Act, shall be administered in accordance
23 with-
24 (1) section 4(d)(4) of the Wilderness Act (16
25 U.S.C. 1133(d)(4)); and
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1 (2) the guidelines contained in Appendix A of
2 the report of the Committee on Interior and Insular
3 Affairs of the House of Representatives accom-
4 panying H.R. 2570 of the 101st Congress (H. Rept.
5 101-405).
6 (d) FISH AND WILDLIFE.-
7 (1) IN GENERAL. —In accordance with section
8 4(d)(7) of the Wilderness Act (16 U.S.C.
9 1133(d)(7)), nothing in this title affects the jurisdic-
10 tion or responsibility of the State with respect to
11 fish or wildlife on public land in the State.
12 (2) MANAGEMENT ACTIVITIES.-
13 (A) IN GENERAL. —In support of the pur-
14 poses and principles of the Wilderness Act (16
15 U.S.C. 1131 et seq.), the Secretary may con-
16 duct any management activity that the Sec-
17 retary determines to be necessary to maintain
18 or restore a fish or wildlife population or habi-
19 tat in a wilderness area or addition, if the activ-
20 ity is conducted in accordance with-
21 (i) applicable wilderness management
22 plans; and
23 (ii) appropriate policies, such as the
24 policies established in Appendix B of the
25 report of the Committee on Interior and
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1
Insular Affairs of the House of Represent-
2
atives accompanying H.R. 2570 of the
3
101st Congress (H. Rept. 101-405).
4
(13) INCLUSIONS. —A management activity
5
under subparagraph (A) may include the occa-
6
sional and temporary use of motorized vehicles,
7
if the use, as determined by the Secretary-
8
(i) would maintain or improve the wil-
9
derness character of the wilderness area or
10
addition;
11
(ii) is impracticable to accomplish by
12
nonmotorized methods; and
13
(iii) is in accordance with memoranda
14
of understanding between the applicable
15
Federal agencies and the State Depart-
16
ment of Fish and Wildlife.
17
(C) EXISTING ACTIVITIES. —In accordance
18 with section 4(d)(1) of the Wilderness Act (16
19 U.S.C. 1133(d)(1)) and other appropriate poli-
20 cies (such as the policies established in Appen-
21 dix B of the report of the Committee on Inte-
22 rior and Insular Affairs of the House of Rep-
23 resentatives accompanying H.R. 2570 of the
24 101st Congress (H. Rept. 101-405)), the State
25 may use aircraft (including helicopters) in a
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1 wilderness area or addition to survey, capture,
2 transplant, monitor, or provide water for a wild-
3 life population, including bighorn sheep, if the
4 activity, as determined by the Secretary-
5 (i) is impracticable to accomplish
6 without use of aircraft; and
7 (ii) is in accordance with memoranda
8 of understanding between the applicable
9 Federal agencies and the State Depart-
10 ment of Fish and Wildlife.
11 (e) BUFFER ZONES.-
12 (1) IN GENERAL. —Nothing in this title estab-
13 lishes any protective perimeter or buffer zone around
14 a wilderness area or addition.
15 (2) ACTIVITIES OR USES UP TO BOUNDARIES.-
16 The fact that a nonwilderness activity or use can be
17 seen or heard from within a wilderness area or addi-
18 tion shall not preclude the activity or use up to the
19 boundary of the wilderness area or addition.
20 (f) MILITARY ACTIVITIES. —Nothing in this title pre-
21 cludes-
22 (1) low-level overflights of military aircraft over
23 a wilderness area or addition;
24 (2) the designation of a new unit of special air-
25 space over a wilderness area or addition; or
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1 (3) the use or establishment of a military flight
2 training route over a wilderness area or addition.
3 (g) HORSES. —Nothing in this title precludes horse-
4 back riding in, or the entry of recreational or commercial
5 saddle or pack stock into, a wilderness area or addition-
6 (1) in accordance with section 4 (d) (5) of the
7 Wilderness Act (16 U.S.C. 1133(d)(5)); and
8 (2) subject to such terms and conditions as the
9 Secretary determines to be necessary.
10 (h) LAW ENFORCEMENT. —Nothing in this title pre-
11 eludes any law enforcement or drug interdiction effort
12 within a wilderness area or addition, in accordance with
13 the Wilderness Act (16 U.S.C. 1131 et seq.).
14 (i) WITHDRAWAL. —Subject to valid existing rights,
15 the wilderness areas and additions are withdrawn from-
16 (1) all forms of entry, appropriation, and dis-
17 posal under the public land laws;
18 (2) location, entry, and patent under the mining
19 laws; and
20 (3) operation of the mineral materials and geo-
21 thermal leasing laws.
22 0) INCORPORATION OF ACQUIRED LAND AND INTER-
23 ESTS. Any land within the boundary of a wilderness area
24 or addition that is acquired by the United States shall—
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1 (1) become part of the wilderness area or addi-
2 tion in which the land is located; and
3 (2) be managed in accordance with this section,
4 the Wilderness Act (16 U.S.C. 1131 et seq.), and
5 any other applicable law (including regulations).
6 (k) CLIMATOLOGICAL DATA COLLECTION. —In ac-
7 cordance with the Wilderness Act (16 U.S.C. 1131 et seq. )
8 and subject to such terms and conditions as the Secretary
9 may prescribe, the Secretary may authorize the installa-
10 tion and maintenance of hydrologic, meteorologic, or cli-
11 matological collection devices in a wilderness area or addi-
12 tion if the Secretary determines that the device and access
13 to the device is essential to a flood warning, flood control,
14 or water reservoir operation activity.
15 (1) AUTHORIZED EVENT. —The Secretary may au-
16 thorize the Angeles Crest 100 competitive running event
17 to continue in substantially the same manner in which the
18 event was operated and permitted in 2015 within the land
19 added to the Sheep Mountain Wilderness by section
20 303(a)(3) and the Pleasant View Ridge Wilderness Area
21 designated by section 1802(8) of the Omnibus Public
22 Land Management Act of 2009 (16 U.S.C. 1132 note;
23 Public Law 111-11; 123 Stat. 1054), if the event is au-
24 thorized and conducted in a manner compatible with the
25 preservation of the areas as wilderness.
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1 SEC. 305. DESIGNATION OF WILD AND SCENIC RIVERS.
2 (aI) DESIGNATION. —Section 3(a) of the Wild and
3 Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by
4 section 205(a)) is amended by adding at the end the fol-
5 lowing:
6 "(274) EAST FORK SAN GABRIEL RIVER, CALI-
7 FORNIA.—The following segments of the East Fork
8 San Gabriel River, to be administered by the Sec-
9 retary of Agriculture in the following classes:
10 "(A) The 10-mile segment from the con-
11 fluence of the Prairie Fork and Vincent Gulch
12 to 100 yards upstream of the Heaton Flats
13 trailhead and day use area, as a wild river.
14 "(B) The 2.7-mile segment from 100 yards
15 upstream of the Heaton Flats trailhead and day
16 use area to 100 yards upstream of the con-
17 fluence with Williams Canyon, as a recreational
18 river.
19 "(275) NORTH FORK SAN GABRIEL RIVER,
20 CALIFORNIA.—The 4.3-mile segment of the North
21 Fork San Gabriel River from the confluence with
22 Cloudburst Canyon to 0.25 miles upstream of the
23 confluence with the West Fork San Gabriel River, to
24 be administered by the Secretary of Agriculture as
25 a recreational river.
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1 "(276) WEST FORK SAN GABRIEL RIVER, CALI-
2 FORNIA.—The following segments of the West Fork
3 San Gabriel River, to be administered by the Sec-
4 retary of Agriculture in the following classes:
5 "(A) The 6.7-mile segment from 0.25
6 miles downstream of its source near Red Box
7 Gap in sec. 14, T. 2 N., R. 12 W., to the con-
8 fluence with the unnamed tributary 0.25 miles
9 downstream of the power lines in sec. 22, T. 2
10 N., R. 11 W., as a recreational river.
11 "(B) The 1.6-mile segment of the West
12 Fork from 0.25 miles downstream of the power
13 lines in sec. 22, T. 2 N., R. 11 W., to the con-
14 fluence with Bobcat Canyon, as a wild river.
15 "(277) LITTLE ROCK CREEK, CALIFORNIA.-
16 The following segments of Little Rock Creek and
17 tributaries, to be administered by the Secretary of
18 Agriculture in the following classes:
19 "(A) The 10.3-mile segment from its
20 source on Mt. Williamson in sec. 6, T. 3 N., R.
21 9 W., to 100 yards upstream of the confluence
22 with the South Fork Little Rock Creek, as a
23 wild river.
24 "(B) The 6.6-mile segment from 100 yards
25 upstream of the confluence with the South Fork
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1 Little Rock Creek to the confluence with
2 Santiago Canyon, as a recreational river.
3 "(C) The 1-mile segment of Cooper Can-
4 you Creek from 0.25 miles downstream of
5 Highway 2 to 100 yards downstream of Cooper
6 Canyon Campground, as a scenic river.
7 "(D) The 1.3-mile segment of Cooper Can-
8 you Creek from 100 yards downstream of Coo-
9 per Canyon Campground to the confluence with
10 Little Rock Creek, as a wild river.
11 "(E) The 1-mile segment of Buckhorn
12 Creek from 100 yards downstream of the
13 Buckhorn Campground to its confluence with
14 Cooper Canyon Creek, as a wild river.".
15 (b) WATER RESOURCE FACILITIES; WATER USE.-
16 (1) WATER RESOURCE FACILITIES.-
17 (A) DEFINITIONS. —In this paragraph:
18 (i) WATER RESOURCE FACILITY. —The
19 term "water resource facility" means-
20 (I) an irrigation or pumping fa-
21 cility;
22 (II) a dam or reservoir;
23 (III) a flood control facility;
24 (IV) a water conservation works
25 (including a debris protection facility);
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1 (V) a sediment placement site;
2 (VI) a rain gauge or stream
3 gauge;
4 (VII) a water quality facility;
5 (VIII) a recycled water facility or
6 water pumping, conveyance, or dis-
7 tribution system;
8 (IX) a water storage tank or res-
9 ervoir;
10 (X) a water treatment facility;
11 (XI) an aqueduct, canal, ditch,
12 pipeline, well, hydropower project, or
13 transmission or other ancillary facil-
14 ity;
15 (XII) a groundwater recharge fa-
16 cility;
17 (XIII) a water filtration plant;
18 and
19 (XIV) any other water diversion,
20 conservation, storage, or carriage
21 structure.
22 (ii) WILD AND SCENIC RIVER SEG-
23 MENT.—The term "wild and scenic river
24 segment" means a component of the na-
25 tional wild and scenic rivers system des-
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1
ignated by paragraph (274), (275), (276),
2
or (277) of section 3(a) of the Wild and
3
Scenic Rivers Act (16 U.S.C. 1274(a)) (as
4
added by subsection (a)).
5
(B) NO EFFECT ON EXISTING WATER RE-
6
SOURCE FACILITIES. —Nothing in this section
7
alters, modifies, or affects-
8
(i) the use, operation, maintenance,
9
repair, construction, destruction, reconfig-
10
uration, expansion, relocation, or replace-
11
ment of a water resource facility down-
12
stream of a wild and scenic river segment,
13
subject to the condition that the physical
14
structures of such a facility or reservoir
15
shall not be located within the wild and
16
scenic river segment; or
17 (ii) access to a water resource facility
18 downstream of a wild and scenic river seg-
19 ment.
20 (C) NO EFFECT ON NEW WATER RE-
21 SOURCE FACILITIES. —Nothing in this section
22 precludes the establishment of a new water re-
23 source facility (including instream sites, routes,
24 and areas) downstream of a wild and scenic
25 river segment.
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1 (2) LIMITATION. Any new reservation of water
2 or new use of water pursuant to existing water
3 rights held by the United States to advance the pur-
4 poses of the National Wild and Scenic Rivers Act
5 (16 U.S.C. 1271 et seq.) shall be for nonconsump-
6 tive instream use only within the wild and scenic
7 river segments (as defined in paragraph (1)(A)).
8 (3) EXISTING LAW. —Nothing in this section af-
9 fects the implementation of the Endangered Species
10 Act of 1973 (16 U.S.C. 1531 et seq.).
11 SEC. 306. WATER RIGHTS.
12 (a) STATUTORY CONSTRUCTION. —Nothing in this
13 title, and no action carried out pursuant to this title-
14 (1) constitutes an express or implied reservation
15 of any water or water right, or authorizes an expan-
16 sion of water use pursuant to existing water rights
17 held by the United States, with respect to-
18 (A) the San Gabriel Mountains National
19 Monument;
20 (B) the wilderness areas and additions;
21 and
22 (C) the components of the national wild
23 and scenic rivers system designated by para-
24 graphs (274), (275), (276), and (277) of sec-
25 tion 3(a) of the Wild and Scenic Rivers Act (16
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159
1 U.S.C. 1274(a)) (as added by section 305(a))
2 and land adjacent to the components;
3 (2) affects, alters, modifies, or conditions any
4 water right in the State in existence on the date of
5 enactment of this Act, including any water rights
6 held by the United States;
7 (3) establishes a precedent with respect to any
8 designation of wilderness or wild and scenic rivers
9 after the date of enactment of this Act;
10 (4) affects, alters, or modifies the interpretation
11 of, or any designation, decision, adjudication, or ac-
12 tion carried out pursuant to, any other Act; or
13 (5) limits, alters, modifies, or amends any inter-
14 state compact or equitable apportionment decree
15 that apportions water among or between the State
16 and any other State.
17 (b) STATE WATER LAw.—The Secretary shall com-
18 ply with applicable procedural and substantive require-
19 ments under State law to obtain and hold any water rights
20 not in existence on the date of enactment of this Act with
21 respect to-
22 (1) the San Gabriel Mountains National Monu-
23 ment;
24 (2) the wilderness areas and additions; and
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1 (3) the components of the national wild and
2 scenic rivers system designated by paragraphs (274),
3 (275), (276), or (277) of section 3(a) of the Wild
4 and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
5 added by section 305(a)).
6 SEC. 307. REAUTHORIZATION OF EXISTING WATER FACILI-
7 TIES IN PLEASANT VIEW RIDGE WILDERNESS.
8 (a) AUTHORIZATION FOR CONTINUED USE. —The
9 Secretary may issue a special use authorization to the
10 owners of a water transport or diversion facility (referred
11 to in this section as a "facility") located on National For-
12 est System land in the Pleasant View Ridge Wilderness
13 for the continued operation, maintenance, and reconstruc-
14 tion of the facility if the Secretary determines that-
15 (1) the facility was in existence on the date on
16
which the
land on which
the facility is located was
17
designated
as part of the
National Wilderness Pres-
18 ervation System (referred to in this section as "the
19 date of designation");
20 (2) the facility has been in substantially contin-
21 uous use to deliver water for the beneficial use on
22 the non -Federal land of the owner since the date of
23 designation;
24 (3) the owner of the facility holds a valid water
25 right for use of the water on the non -Federal land
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161
1 of the owner under State law, with a priority date
2 that predates the date of designation; and
3 (4) it is not practicable or feasible to relocate
4 the facility to land outside of the Pleasant View
5 Ridge Wilderness and continue the beneficial use of
6 water on the non -Federal land recognized under
7 State law.
8 (b) 'TERMS AND CONDITIONS.-
9 (1) REQUIRED TERMS AND CONDITIONS. —In a
10 special use authorization issued under subsection
11 (a), the Secretary may-
12 (A) allow use of motorized equipment and
13 mechanized transport for operation, mainte-
14 nance, or reconstruction of a facility, if the Sec-
15 retary determines that-
16 (i) the use is the minimum necessary
17 to allow the facility to continue delivery of
18 water to the non -Federal land for the ben-
19 eficial uses recognized by the water right
20 held under State law; and
21 (ii) the use of nonmotorized equip-
22 ment and nonmechanized transport is im-
23 practicable or infeasible; and
24 (B) prohibit use of the facility for the di-
25 version or transport of water in excess of the
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162
1 water right recognized by the State on the date
2 of designation.
3 (2) DISCRETIONARY TERMS AND CONDI-
4 TIONS.—In a special use authorization issued under
5 subsection (a), the Secretary may require or allow
6 modification or relocation of the facility in the wil-
1 derness, as the Secretary determines necessary, to
8 reduce impacts to wilderness values set forth in sec-
9 tion 2 of the Wilderness Act (16 U.S.C. 1131) if the
10 beneficial use of water on the non -Federal land is
11 not diminished.
x
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