HomeMy WebLinkAbout2011-05-24 - AGENDA REPORTS - DESERT PROTECTION ACT S138 (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
May 24, 2011
Michael Murphy
S.138- CALIFORNIA DESERT PROTECTION ACT OF 2011
City Manager's Office
RECOMMENDED ACTION
City Council adopt a resolution in support of 5.138 the California Desert Protection Act of 2011,
and direct staff to transmit copies of the resolution to Senator Dianne Feinstein and appropriate
congressional committees.
BACKGROUND
Introduced by Senator Dianne Feinstein to the 112th Congress on January 25, 2011, 5.138, the
California Desert Protection Act of 2011, ensures that public lands in the California desert that
have special importance for water resources, wildlife, and recreation will be protected for
generations to come.
This year's bill, 5.138, is similar to S.2921 which was introduced to the 111th Congress and
given support by the City Council at the September 14, 2010, meeting. In comparing the two
bills there was only one revision made. 5.138 removes the amendment towards the Energy Policy
Act of 2005, which was designated to facilitate renewable energy development on suitable lands
and improve the permitting process for wind and solar development on private and public lands.
The removal came as a result of administrative actions adopted by the United States Department
of Interior, which improved the current policy to allow for a quicker and more efficient approval
of energy development projects.
Specifically, enactment of S.138 would designate two new national monuments, the Mojave
Trails National Monument and the Sand to Snow National Monument. The bill also adds
adjacent lands to the Joshua Tree and Death Valley National Parks as well as to the Mojave
Adopted: ;iso 1\4o.-3�
National Preserve. Further the bill will permanently protect five wilderness study areas as
designated wilderness, and protect four waterways,the Amargosa River, Deep Creek,
Whitewater River and Surprise Canyon Creek.
In addition to those measures, the bill includes language enhancing recreational opportunities,
including those for off-road vehicles, while ensuring that lands are maintained to meet the
training needs of the United States military.
Though the bill would have no direct impact to the City of Santa Clarita, Senator Feinstein has
requested the City Council consider supporting 5.138 as the Council did with last session's
legislation.
ALTERNATIVE.ACTIONS
1. Do not adopt a resolution in support of 5.138, the California Desert Protection Act of 2011.
2. Other action as determined by the City Council.
FISCAL IMPACT
The actions associated with the adoption of the Resolution require no additional financial
resources beyond those already contained within the City's adopted FY 2010/2011 budget.
ATTACHMENTS
Resolution
S.138 available in the City Clerk's Reading File
Map available in the City Clerk's Reading File
og-
RESOLUTION 1I -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,SUPPORTING
5.138 THE CALIFORNIA DESERT PROTECTION ACT OF 2011
WHEREAS, on January 25, 2011, Senator Dianne Feinstein introduced 5.138, the
California Desert Protection Act of 2011 which ensures that public lands in the California desert
that have special importance for water, resources, wildlife, and recreation will be protected for
generations to come; and
WHEREAS, the California Desert Protection Act of 2011 amends the California
Desert Protection Act of 1994 to, among other things: (1) ensure that hundreds of thousands of
acres of land donated to the federal government for conservation will be protected by creating the
Mojave Trails National Monument; (2) establish the "Sand to Snow National Monument,"
encompassing 134,000 acres of land from the desert floor in the Coachella Valley up to the top of
Mount San Gorgonio the highest peak in Southern California; (3) establish new wilderness areas
and allows more appropriate use of lands currently designated as Wilderness Study Areas; (4)
create the Vinagre Wash Special Management Area; (5) add to or designate four new Wild and
Scenic Rivers (Amargosa River, Deep Creek, Whitewater River, Surprise Canyon Creek),
totaling 76 miles in length; (6) add approximately 74,000 acres of adjacent lands to the three
National Parks established by the 1994 California Desert Protection Act (Death Valley National
Park, Mojave National Preserve, Joshua TRee National Park); and (7) designate new lands as
Off -Highway Vehicle Recreation Areas; and
WHEREAS, the California Desert Protection Act of 2011 enhances recreational
opportunities, including those for off-road vehicles, while ensuring that lands are maintained to
meet the training needs of the United States military.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve to support 5.138, the California Desert Protection Act of 2011, and directs staff to
transmit copies of the resolution to Senator Dianne Feinstein and appropriate congressional
committees.
SECTION 1. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this day of 2011.
MAYOR
ATTEST:
9
CITY CLERK
DATE:
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA)
I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the day of 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
U15
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 11-_ adopted by the City
Council of the City of Santa Clarita, California on , 2011, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2011.
City Clerk
By
Deputy City Clerk
` 4
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AVTNENTIGATED
U.S. GOVERNMENT
INFORMATION
. GPO
112TH CONGRESS
IST SESSION
S.138-
To
provide for conservation, enhanced recreation opportunities, and develop-
ment of renewable energy in the California Desert Conservation Area,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANuAR1 25 (legislative day, JANUARY 5), 2011
Mr. REm (for Mrs. FEINSTEIN) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
A SILL
To provide for conservation, enhanced recreation opportuni-
ties, and development of renewable energy in the Cali-
fornia Desert Conservation Area, and for other.purposes.
1 Be it enacted by the Senate and House of Representa
2 Lives 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 "California Desert Protection Act of 2011".
6 (b) TABLE OF CONTENTS.—The table of contents of
7 this Act is as follows:
Sec. 1. Short title; table of contents.
See. 2. Amendments to the California Desert Protection Act of 1994.
"TITLE XIII—MOJAVE TRAILS NATIONAL MONUMENT
2
"Sec. 1301. Definitions.
"See. 1302. Establishment of the Mojave Trails National Monument.
"Sec. 1303. Management of the Monument.
"Sec. 1304. Uses of the monument.
"Sec. 1305. Acquisition of land. .
"Sec. 1306. Advisory Committee.'
"Sec. 1307. Renewable energy right-of-way applications.
"TITLE 3V -SAND TO SNOW NATIONAL MONUMENT
"Sec. 1401. Definitions.
"Sec. 1402. Establishment of the Sand to Snow National Monument.
"Sec. 1403. Management of the Monument.
"Sec. 1404. Uses of the Monument.
"Sec. 1405. Acquisition of land.
"Sec. 1406. Advisory Committee.
"TITLE XV WILDERNESS
"Sec. 1501. Designation of wilderness areas.
"Sec. 1502. Management.
"Sec. 1503. Release of wilderness study areas.
"TITLE XVI -DESIGNATION OF SPECIAL MANAGEMENT AREA
"Sec. 1601. Definitions.
`.`Sec. 1602. Establishment of the Vinagre wash Special Management
Area.
"Sec. 1603. Management.
"Sec. 1604. Potential wilderness.
"TITLE XVII -NATIONAL PARK SYSTEM ADDITIONS
"Sec. 1701. Death Valley National Park boundary revision.
"Sec. 1702. Mojave National Preserve.
"See. 1703. Joshua Tree National Park boundary revision.
"Sec. 1704. Authorization of appropriations.
"TITLE XVIII -OFF-HIGHWAY VEHICLE RECREATION AREAS
"Sec. 1801. Designation of off-highway vehicle recreation areas.
"TITLE X- MISCELLANEOUS
"Sec. 1901. State land transfers and exchanges.
"Sec. 1902. Military activities. .
"Sec. 1903. Climate change and wildlife corridors.
"Sec. 1904. Prohibited uses of donated and acquired land.
"Sec. 1905. Tribal uses and interests.
Sec. 3. Designation of wild and scenic rivers.
•S 138 IS
3
1 SEC. 2. AMENDMENTS TO THE CALIFORNIA DESERT PRO -
2 TECTION ACT OF 1994.
3 (a) IN GENERAL. -Public Law 103-433 (16 U.S.C.
4 410aaa et seq.) is amended by. adding at the end the fol -
5 to A ing:
6 "TITLE XIII -MOJAVE TRAILS
7 NATIONAL MONUMENT
8 "SEC. 1301. DEFINITIONS.
9 "In'this title:
10 "(1) MAP.—The term `map' means the map en -
11 titled `Boundary Map, Mojave Trails National
12 Monument' and dated November 19, 2009.
13 "(2) MONUMENT.—The term `Monument'
14 means the Mojave Trails National Monument estab-
15 lished by section. 1302(a).
16 "(3) STUDY AREA.—The term `study area'
17 means the land that -
18 "(A) is described in -
19 "(i) the notice of the Bureau of Land
20 Management of September 15, 2008 enti-
21 tled `Notice of Proposed Legislative With -
22. drawal and Opportunity for Public Meet -
23 ing; California' (73 Fed. Reg. 53269); or
24 "(ii) any subsequent notice in the
25 Federal Register that is related to the no -
26 tice described in clause (i); and
•S 138 IS
4
1 "(B) has been segregated by the Director
2 of the Bureau of Land Management.
3 "SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NA-
TIONAL MONUMENT.
5 "_(a) ESTABLISHMENT.—There is designated in the
6 State the Mojave Trails National Monument.
7 "(b) PURPOSES.-The ' purposes of the Monument
8 are-
9 "(1) to preserve the nationally significant bio-
10 logical, cultural, recreational, geological, educational,
11 historic, scenic, and scientific values-
12 "(A) in. the Central and Eastern Mojave
13 Desert; and
14 "(B) along historic Route 66; and
.15 "(2) to secure the opportunity for present and
16 future generations to experience and enjoy the mag-
17 nificent vistas, wildlife, land forms, and natural and
18 cultural resources of the Monument.
19 "(c) BOUNDARIES.-
20 "(1) IN GENTERAL.—Except as provided in para-
21 graph (2), the Monument shall consist of the Fed=
22 eral land and Federal interests in land within the
23 boundaries depicted on the map.
24 "(2) EXCLUSIONS.—
•S 138 IS
V
1 "(A) STUDY AREA.—Subject to subpara-
2 graph (B), the study area shall be, excluded
3 from the Monument to permit the Secretary of
4 the Navy to study the land within the study
5 area for -
6 "(i) withdrawal in accordance iAith the
7 Act. of February 28, 1958 (43 U.S.C. 155
8 et seq. ); and
9 "(ii) potential inclusion into the Ma -
10 rine Corps Air Ground Combat Center at
11 Twentynine Palms, California, for national
12 defense purposes.
13 "(B) INCORPORATION IN MONUMENT. -
14 After action by the Secretary of Defense and
15 Congress regarding the -" ithdrawal under sub -
16 paragraph (A), any land within the study area
17 that is not withdrawn shall be incorporated into
18 the Monument.
19 "(d) MAP; LEGAL DESCRIPTIONS. -
20 "(1) LEGAL DESCRIPTION. As soon as prac-
21 ticable after the date of enactment of this title, the
22 Secretary shall submit to the Committee on Natural
23 Resources of the House of Representatives and the
24 Committee on Energy and Natural Resources of the
•S 138 IS
i
1 Senate legal descriptions of the Monument, based on
2 the map.
3 11(2) CORRECTIONS.—The map and legal de -
4 scriptions of the Monument. shall have the .same
5 force and effect as if included in this title, except
6 that the Secretary . may correct clerical and typo -
7 graphical errors in the map and. legal descriptions.
8 "(3) AVAILABILITY of Pte.—The map shall be
9 on file and availablefor public inspection in the ap-
10 propriate offices of the Bureau of Land Manage -
11 inent.
12 "SEC. 1303. MANAGEMENT OY THE MONUMENT.
13 "(a) IN GENERAL.—The Secretary shall -
14 "(1) only allow uses of the Monument that -
15 "(A) further the purposes described in sec -
16 tion 1302(b);:
17 "(B) are included in the management plan
18 developed under subsection (g); and
19 "(C) do not interfere with. the utility
20 rights-of-way or corridors authorized under sec -
21 tion 1304(f); and
22 "(2) subject to valid: existing rights, manage the
23: Monument. to protect the resources of the Monu-
24 menta in accordance with—:
25 "(A) this Act;
•S 138 IS
7
1 "(B) the Federal Land Policy and Man -
2 agement Act of 1976 (43 U.S.C. 1701 et se'q.);
3 and
4 "(C) any other applicable provisions of law.
5 "(b) COOPERATION AGREEMENTS; GENERAL AU -
6 THORITY.—Consistent with the management plan and ex -
7 isting authorities applicable to the Monument, the Sec -
8 retary may enter into cooperative agreements and shared
9 management arrangements (including special use permits
10 with any person (including educational institutions and In -
11 than tribes)), for the purposes of interpreting, researching,
12 and . providing education .on the resources of the Monu-
13 ment.
14 "(c) ADMINISTRATION OF SUBSEQUENTLY AC -
15 QUIRED LAND. Any land or interest in land within . the
_16 boundaries of the Monument that is acquired by the Sec -
17 rotary after the date of enactment of this title shall be
18 managed by the Secretary in accordance with this title.
19 "(d) LIMITATIONS. -
20 "(1) PROPERTY RIGHTS.—The establishment of
21 the Monument does not -
22 "(A) affect -
23 "(i) any property rights of an Indian
24 reservation, individually held trust land, or
25 any other Indian allotments;
•S 1381S
8
1 "(ii) any land or interests in land held
2 by the . State, any political subdivision of
3 the State, or any special district; or
4 (iii) any private property rights with -
5 in the boundaries of the Monument; or
6 "(B) grant to the Secretary any authority
7 on or over non -Federal land not already pro -
8 vided by law.
9 "(2) AUTHORITY.—The authority of the Sec -
10 retary under this title extends only to Federal land
11 and Federal interests in land included in the Monu-
12 meat.,
13 "(e) ADJACENT MANAGEMENT. -
14 "(1) IN GENERAL.—Nothing in this title creates
.15 any protective perimeter or. buffer zone around the
16 Monument.
17 "(2) ACTIVITIES OUTSIDE MONUMENT.—The
18 fact. that an activity or use on land outside the
19 Monument can be seen.or heard '"rithm the Monu-
20 ment shall . not preclude the activity or use outside
21 the boundary of the Monument.
22 "(3) NO ADDITIONAL REGULATION.—Nothing
23 in this title requires additional regulation of activi- .
24 ties on land outside the boundary. of the Monument.
•S 138 IS
9
1 "(f) AIR AND WATER QUALITY.—Nothing in this title
2 affects the standards governing air or water quality out -
3 side the boundary of the Monument.
4 "(g) MANAGEMENT PLAN. -
5 "(1) IN GENERAL.—The Secretary shall -
6 "(A) not later than 3 years after the date
7 of enactment of this title, complete a manage -
8 ment plan for the conservation and protection
9 of the Monument; and
10 "(B) on completion of the management
11 plan -
12 "(i) submit the management plan
13 to -
14 "(I) the Committee on Natural
15 Resources of the House of Represent -
16 atives; and
17 "(II) the Committee on Energy
18 and Natural. Resources of the Senate;
19 and
20 "(ii) make the management plan
21 available to the public.
22. "(2) INCLUSIONS.—The management plan shall
23 include provisions that -
24 "(A) provide for the conservation and pro -
25 tection of the Monument;
•S 138 IS
•S 1381S
10
1
"(B) authorize the continued recreational
2
uses of the Monument (including hiking, camp -
3
ing, hunting, mountain biking, sightseeing, off -
4
highway vehicle recreation on designated routes,
5
rockhounding, and horseback riding), if the ree-
6
reational uses. are consistent with this section
7
and .any other applicable law;
8
"(C) address. the need for and, as nec-
9
essary, establish plans for, the installation, con -
10
struction, and maintenance of public utility en -
11
ergy transport facilities within rights-of-way in
12.
the Monument, including provisions, that re -
13
quire that the activities be conducted in a man -
14
ner that minimizes the impact on Monument re -
15
sources (including resources relating to the eco -
16
logical, cultural, historic, and scenic viewshed of
17
the Monument), in accordance with any other
18
applicable law;
19
"(D) address the designation and mainte-
20
nance of roads, trails, and paths in the Monu-
21
meat;
22
"(E) address .regional fire management
23
planning and coordination between the Director
24
of the Bureau of Land Management, the Direc-
•S 1381S
•S 138 IS
11
1
for of the National Park Service, and San
2
Bernardino County; and
3
"(F) address the establishment of a visitor
4
center to serve the Monument and adjacent
5
public land.
6
"(3) PREPARATION AND IMPLEMENTATION.-
7
"(A) APPLICABLE LAW.—The Secretary
8
shall prepare and implement the management
9
plan in accordance with the National Environ-
10
mental Policy Act of 1969 (42 U.S.C. 4321 et
11
seq.) and any other applicable laws.
12
"(B) CONSULTATION.—In preparing and
13
implementing the management plan, the Sec-
14
retary shall periodically consult with-
15
"(i) the advisory committee estab-
16
lished under section 1306;
17
"(ii) interested private property own-
18
ers and holders of valid existing rights lo-
19
cated within the boundaries of the Monu-
20
ment; and
21
"(iii) representatives of the Fort Mo-
22
jave Indian tribe, the Colorado River In-
23
than Tribe, the Chemehuevi Indian tribe,
24
and other Indian tribes with historic or
25
cultural ties to land within, or adjacent to,
•S 138 IS
12
l the Monument regarding the management
2 of portions of the .Monument containing
3 sacred sites or cultural importance to the
4 Indian tribes.
5 "(4) INTERIM MANAGEMENT.—Except as other -
6.. wise provided in this Act, pending completion of the
7 management plan for the Monument, the Secretary
8 shall manage any Federal land and Federal interests
9 in land within the .boundary of the Monument -
10 "(A) consistent with the- existing permitted
11 uses of the land;
12 "(B) in accordance with the general guide -
13 lines and authorities of the existing manage
14 ment plans of the Bureau of Land Management
15 for the land; and
16 - "(C) in a planner consistent u�ith-
17 "(i) the purposes described in section
18 1302(b);
19 "(ii) the provisions of the manage -
20 meat plan under paragraph (2); and
21- "(iii) applicable Federal law.
22 ."(h) EFFECT OF SECTION.—Nothing in this section
23 diminishes or- alters existing authorities applicable to Fed -
24 eral land included in the Monument.
•S 138 IS
13
1 "SEC. 1304. USES OF THE MONUMENT.
2 "(a) USE OF OFF-HIGHWAY VEHICLES.=
3 "(1) IN GENERAL.—The use of off-highway ve-
4 hicles in the Monument (including the use of off -
5. highway vehicles for commercial touring) shall be
6 permitted to continue on designated routes, subject
7 to all ' applicable law and and authorized -by the man -
8 agement plan.
9 "(2) NONDESIGNATED ROUTES.—Off-highway
10 vehicle access shall be permitted on nondesignated -
11 routes and trails in the Monument -
12 "(A) for administrative purposes;
13 "(B) to respond to an emergency; or
14 "(C) as authorized under the management
15 plan.
16 "(3) INVENTORY.—Not later than 2 years after
17 the date of enactment of this title, the Director of
18 the Bureau of Land Management shall complete an
19 inventory of all existing routes in the Monument.
20 "(b) HUNTING, TRAPPING, AND FISHING. -
21 "(1) IN. GENERAL.—Except, as provided in para -
22 graph (2), the Secretary shall permit hunting, trap -
23 ping, and fishing within the Monument in accord -
24 ante with applicable Federal and State laws (includ- .
25 ing regulations) in effect as of the date of enactment
26 of this title.
•S 138 IS
14
1 "(2) TRAPPING.—No amphibians or reptiles
2 may be collected within the Monument.
3 11(3) REGULATIONS.—,The Secretary, after con-
sultation with the California Department of Fish
5 and Game, may issue regulations designating zones
6 where, and establishing periods during which, no
:7 hunting, trapping, or fishing shall be permitted in
8 the Monument for reasons of public safety, adminis-
9 tration, resource protection, or public use and enjoy -
10 relent.
GRAZING.—
12 "(1) IN GENERAL. Nothing in this title termi-
13 nates any valid existing grazing allotment within the
14 Monument.
15 44(2) EFFECT ON BLAIR PERMIT.—Nothing in
16 this title affects the Lazy Daisy grazing permit (per -
17 mittee number 9076) on land included in the Monu-
18 ment, including the transfer of title to the grazing
19 permit to the Secretary or to a private party.
20 "(3) PERMIT RETIREMENT.—The Secretary
21 may acquire base property and associated grazing
22 permits within the Monument for purposes of per-
23 manently retiring the permit if
24' "(A) the- pernuttee is a willing seller;
•S 138 IS
W
1 "(B) the permittee and Secretary reach an
2 agreement concerning the terms and conditions
3- of the acquisition; and
4 "(C) termination of the allotment would
5 further the purposes of the Monument de -
6 scribed in section 1302(b).
7 "(d) ACCESS TO STATE AND PRIVATE LAND.—The
8 Secretary shall provide adequate access to each owner of
9 non -Federal land or interests in non -Federal land within
10 the boundary of the Monument to ensure the reasonable
11 use and enjoyment of the land or interest by the owner.
12 "(e) LIMITATIONS. -
13 "(1) COMMERCIAL ENTERPRISES.—Except as
14 provided in paragraphs (2) and (3), or as required
15 for the maintenance, upgrade, expansion, or develop -
16 ment of energy transport facilities in the corridors
17 described in subsection (g), no conu-nercial enter -
18 prises shall be authorized within the boundary of the
19 Monument after the date of enactment of this title.
20 "(2) AUTHORIZED EXCEPTIONS.—The Sec -
21 retary may authorize exceptions to paragraph (1) if
22 the Secretary determines that the conunercial enter -
23 prises would further the purposes described in sec -
24 tion 1302(b).
•S 13811s
16
1. "(3) APPLICABILITY.—This subsection does not
2 apply to -
3 "(A) transmission . and telecommunication
4 facilities that are owned or operated by a utility
5 subject to regulation by the Federal Govern-
ment or a State government or a. State utility
7 ` with a service obligation (as those terms are de -
8 fined_ in section .217 of the Federal Power Act
9 (16 U.S.C. 824q)); or
10 "(B) commercial vehicular touring enter -
11 . prises within the Monument . that operate on
12 designated routes.
13 "(f) UTILITY RIGHTS -OF -WAY. -
14 14
(1) IN GENERAL.—Nothing in this title pre -
15 eludes; prevents, or inhibits the maintenance, up=
.-16 grade, expansion, or development of energy trans -
17 port facilities -within the Monument that are critical
18 to reducing the effects of climate ,change on, the envi-
19 ronment.
.20. "(2) AUTHORIZATION:—The Secretary shall, to
21 the maximum extent practicable—..
22..,``(A) .permit rights-of-way and alignments
23- that best: protect the. values and resources of
24 the Monument described in section 1302(b);
25 and
•S 138 IS
17
1. "(B) ensure that existing rights-of-way
2 and utility corridors within the Monument are
3 fully utilized before permitting new rights -of -
4 way or designating new utility corridors within
5 the Monument.
6 "(3) EFFECT ON EXISTING FACILITIES AND
7 RIGHTS-OF-wAY.—Nothing in this section terminates
8 or limits -
9 "(A) any valid right-of-way within the
10 Monument in existence on the date of enact -
11 ment of this title (including customary oper-
12 ation, maintenance, repair, or replacement ac -
13 tivities in a right-of-way); or
14 "(B) a right-of-way authorization issued on
15 the expiration of an existing right-of-way au -
16 thorization described in subparagraph (A).
17 "(4) UPGRADING AND EXPANSION OF EXISTING
18 RIGHTS-OF-WAY.—Nothing in - this subsection pro -
19 hibits the upgrading (including the construction or
20 replacement), expansion, or assignment of an exist -
21 ing utility transmission line for the purpose of in -
22 creasing the capacity of -
23 "(A) a transmission line in existing rights -
24 of -way; or
•S 138 IS
1 "(B) a right-of-way issued, granted, or
2 permitted by the Secretary that is contiguous or
3 adjacent to existing transmission line rights -of -
.4 way.
5 "(5) INTERSTATE 40 TRANSPORTATION COR-
6..
OR-
6.. RIDOR.—For purposes of underground utility rights -
7 of -way under this subsection, the Secretary shall
8 consider the Interstate 40 transportation corridor to
9 be equivalent to an existing utility right-of-way cor-
10 ridor.
11 "(6) NEW RIGI3TS-OF-WAY.-
12 "(A) IN GENERAL. Any new rights-of-way
13 or new uses within existing rights-of-way
14 shall -
15 "(i) only be permitted in. energy cor-
16 ridors or exTansions of energy corridors
17 that are designated as of the date of enact -
18 meRt of this title; and
19 "(ii) subject to subparagraph (B), re -
20 quire review and approval under the Na -
21 tional Environmental. Policy. Act of 1969
22 (42 U.S.C. 4321 et seq.).
23 "(B) APPROVAL.—New rights-of-way or
24 uses or expansions of existing corridors under
25 subparagraph (A) shall only be approved if the
•S 138 IS
19
1 head of the applicable lead Federal agency, in
2 consultation «lith other agencies as appropriate,
3 determines that the new rights-of-way, uses, or
4 expansions are consistent with -
5 (i) this title;
6 "(ii) other applicable laws;
7 "(iii) 'the purposes of the Monument
8 described in section 1302(b); and
9 "(iv) the management plan for the
10 Monument.
11 "(g) WEST WIDE ENERGY CORRIDOR. -
12 "(1) ALTERNATIVE ALIGNMENT.—Subject to
13 paragraph (2), to further the purposes of the Monu-
14 ment described in section 1302(b), the Secretary
15 may require a realignment of the energy right -of -
16 way corridor numbered 27-41 and designated' under
17 the energy corridor planning process established by
18 section ' 368 of the Energy Policy Act of 2005 (42
19 U.S.C. 15926) if an alternative alignment within the
20 Monument -
21 "(A) provides substantially similar energy
22 transmission capacity and reliability;
23 "(B) does not impair other existing rights-'
24 of -way; and
•S 138 IS'
20
1 "(C) is compatible . -with military training
2 requirements.
3 "(2) CONSULTATION.—Before . establishing an
4 alternative alignment of the energy right-of-way cor-
5 ridor under paragraph (1), the Secretary shall con -
6 sult with -
7 "(A) the Secretary of Energy;
8 "(B) the Secretary of Defense;
9 "(C) the. State, including the transmission
10 permitting agency of the State;
11 ."(D) units of local government in the
12 State; and
13 "(E) any entities possessing valid existing
14 rights-of-way within -
15 "(i) the. energy corridor described in
16.paragraph (1); or
17 "(ii) , any potential alternative energy
18 corridor. .
19 "(3) EFFECT ON ENERGY TRANSPORT COR -
20 RIDORs.—Nothing in this subsection diminishes the
21. utility of energy transport. corridors located within
22 the Monument and . identified under section 368 of
23 . the Energy Policy Act of 2005 (42 U.S.C. 15926)7
24 Energy Corridors E or I (as designated in the Cali-.
25 forma Desert Conservation Area Plan), or energy
•S 138 IS
21
1 corridors numbered 27-41 and 27-225 and des -
2 ignated by a record of decision -
3 "(A) to provide locations for -
4 "(i) electric transmission facilities
5 that improve reliability, relieve congestion,
6 and enhance the national grid; and
7 "(ii) oil, gas, and hydrogen pipelines;
8 and
9 "(B) to provide locations for electric trans -
10 mission facilities that -
11 "(i) promote renewable energy genera -
12 tion;
13 "(ii) otherwise further the interest of
14 the United States if the transmission fa -
15 cilities are identified as critical -
16. "(I) in a Federal law; or
17 "(II) through a regional trans -
18 mission planning process; or
19 "(iii) consist of high-voltage trans -
20 mission facilities critical to the purposes-
21
urposes21 described in clause (i) or (ii).
22 "(4) LAND USE PLANNING.—In conducting
23 land use planning for the Monument, the See -
24 retary—
•S 138 IS
1
2
3
.4 .
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
22
"(A) shall consider the existing locations of
the corridors described in paragraph (3); and
"(B) subject to paragraph (5), may amend
the location of any energy corridors to comply
with purposes of the Monument if the amended
corridor—
(i) provides connectivity across the
landscape that is equivalent to the
connectivity provided by the existing loca-
tion;
"(ii) meets the criteria established
by
"(L) section 368 of the Energy
" Policy Act of 2005 (42 U.S.C.
15926); .and
"(II) the record of decision for
the applicable corridor; and
``(iii) does notimpair or restrict the
uses of existing rights-of-way.
"(5) CONSULTATION REQUIRED.—Before
amending a corridor under paragraph (4)(B), the
Secretary shall consult with all interested parties
(including the persons. identified .in section 368(a) of
the Energy Policy Act of 2005 (42 U.S.C.
•S 138 IS
23
1 15926(a))), in accordance with applicable laws (in -
2 eluding regulations).
3 "(h) OVERFLIGHTS.—Nothing in this title or the
4 management plan restricts or precludes -
5 "(1) overflights (including low-level overflights)
6 of military, commercial, and general aviation aircraft
7 that can be seen or heard within the Monument;
8 "(2) the designation or creation of new units of
9 special use airspace; or
10 "(3) the establishment of military flight train -
11 ing routes over the Monument.
12 "(i) WITHDRAwALS.-
13 "(1) IN GENERAL.=Subject to valid existing
14 rights and except as provided in paragraph (2), the
15 Federal.land and interests in Federal land included
.16 within the Monument are withdrawn from -
17 "(A) all forms of entry, appropriation, or
18 disposal under the public land laws;
19 "(B) location, entry, and patent under the
20 public land mining laws;
21 "(C) operation of the mineral leasing, geo-
22 thermal leasing, and mineral materials laws;
23 and
24 "(D) energy development and power gen-
25 eration.
as 1381S
24
ExcHANGE.—Paragraph (1) does not
2 apply to an exchange . that :the Secretary determines
3 would further. the protective . purposes of the Monu-
4 ment.
5 "(j) .ACCESS To RENEWABLE ENERGY FACILITIES.—
6 "(1) IN GENERAL.—Ona determination that no
7 reasonable, alternative .access. exists and subject to
8 paragraph (2), the Secretary may allow new right -
9 of -ways within the Monument to provide vehicular
10 access. to renewable, energy, project sites outside the
11 boundaries of the Monument.
12 "(2) RESTRICTIONS:—To the maximum extent
13 practicable, the rights -of --way shall be designed and
14 sited to be consistent with the purposes of the
15 Monument described in section 1302.(b).
.16 "SEC. 1305. ACQUISITION OF LAND.
17 "(a) IN GENERAL.—The Secretary may acquire for
18 inclusion .in,the Monument .any' -land or interests in land
19 within theboundary of the . Monument owned by the State,
20 units of local government, Indian tribes, or private individ-
21 uals;only by ---7
22 "(1) donation;.:
23 "(2) exchange with a willing party; or,
24 ,"(3) purchase from a -willing seller for fair mar-.
25 ket value.
.oS 138 IS
25
1 "(b) USE OF EASEMENTS.—To the ma6mum extent
2 practicable and only with. the approval of the landowner,
3 the Secretary may use permanent conservation easements
4 to acquire an interest in land in the Monument rather
5 than acquiring fee simple title to the land.
6 "(c) INCORPORATION OF ACQUIRED LAND AND IN -
7 TERESTS IN LAND.—Any land or interest in land within
8 the boundaries of the Monument that is acquired by the
9 United States after the date of enactment of this title shall
10 be added to and administered as part of the Monument.
11 "(d) DONATED AND ACQUIRED LAND. -
12 "(1) IN GENERAL. All land within the bound -
13 ary of the Monument donated to the United States
14 or acquired using amounts from the land and water
15 . conservation fund established under section 2 of the
16 Land and Water Conservation Fund Act of 1965
17 (16 U.S.C. 4601-5) before, on, or after the date of
18 enactment of this title—
19 _ "(A) is withdrawn from mineral entry;
20 "(B) shall be managed in accordance with
21 section 1904; and
22 "(C) shall be managed consistent with the
23 purposes of the Monument described in section
24 1302(b).
•S 1381S
26
1 "(2) EFFECT ON MONUMENT.—Land within the
2 boundary of the Monument that is contiguous to
3 land donated to the United States or . acquired using
4: amounts: from the land and:.water conservation fund
5 established _;under section 2 of the Land and Water
6 ° Conservation Fund. Act of 1965 (16 U.S.C. 4601-5)
7 shall be managed in A manner consistent with con -
8 . servation .purposes, subject to applicable law.
9. "SEC. 1306. ADVISORY COMMIT'T`EE.
10 "(a) IN GENERAL.—The Secretary shall establish an
11 advisory committee for the Monument, the purpose of
12 which is to advise the Secretary with respect to the prepa-
1.3 ration .and iniplementation of the management plan re -
14 quired by -section 1303(g).
15 "(b) .MEMBERSHIP:—To the extent practicable, the
16 advisory committee shall include the following members,
17 to be appointed by the Secretary:
18 "(1) A representative with expertise in natural
19 science :and research. selected, from a regional univer=
20 sity or .research institute.
21. "(2) A representative_ .of the California Natural
22 Resources Agency. .
23 , "(3) A representative of the California Public
.24 Utilities Commission.
•S 138 IS
27
1 "(4) A representative of the County of San
2 Bernardino, California.
3 "(5) A representative of each of the cities of
4 Barstow, Needles, .Twentynine Palms, and Yucca
5 Valley, California.
6 "(6) A representative of each of the Colorado
7 River, Fort Mojave, and the Chemehuevi Indian
8 tribes.
9 "(7) A- representative from the Department of
10 Defense.
11 "(8) A representative of the-Wildlands Conser-
12 vancy.
13 "(9) A representative of a local conservation or -
14 ganization.
15 "(10) A representative of a historical preserva-
16 tion organization.
17 "(11) A representative from each of the fol -
18 lowing recreational activities:
19 "(A) Off --highway vehicles.
20 "(B) Hunting.
21 "(C) Rockhounding.
22 "(c) TERMS. -
23 "(1) IN GENERAL.—In appointing members
24 under paragraphs (1) through (11) of subsection
25 (b), the Secretary shall appoint 1 primary member
•S 138 IS
28
I. and 1 alternate member that meets the qualifica-
2 tions described in each of those paragraphs.
3 "(2) VACANCY. -
4 ".(A) PRIMARY MEMBER.—A vacancy on
5 the advisory committee with respect to a pri-
6 inary member shall be filled by the applicable
7 alternate member.
8 "(B) ALTERNATE MEMBER.—The See -
9 retary shall appoint a new alternate members in
10 the event of a vacancy with respect to an alter-
11 nate member 'of the advisory committee.
12 "(3) TERMINATION. -
13 "(A) IN GENERAL.—The term of all mem-
14 bers of the advisory committee shall terminate
15 on the termination of the advisory . committee
16 under subsection (g).
17 "(B) NEw ADVISORY COMMITTEE.—At the
18 discretion of the Secretary, the Secretary may
19. establish a new .advisory .committee on the ter -
20 mination of the advisory committee under sub
21 section (g) to provide ongoing recominendations
22 on the management of the Monument.
23 "(d) QUORUM. -A quorum of the advisory committee
24, shall consist of a majority of the primary members.
25 "(e) CHAIRPERSON AND PROCEDURES. -
•S 1381S
29
1 "(1) IN GENERAL.—The advisory cominittee
2 shall select a chairperson and vice chairperson from
3 among the primary members of the advisory com-
4. mittee.
5 "(2) DUTIES.—The chairperson and vice chair -
6 person selected under paragraph (1) shall establish
7 any rules and procedures for the advisory committee
8 that the chairperson and vice -chairperson determine
9 to be necessary or desirable.
10 "(f) SERVICE WITHOUT COMPENSATION.—Members
11 of the advisory committee shall serve without pay.
12 "(g) TERMINATION.—The advisory committee shall
13 cease to exist on=
14 "(1) the date on which the management plan is
15 officially adopted by the Secretary; or
16 44(2) at the discretion of the Secretary, a later
17 date established by the Secretary.
18 "SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICA-
19 TIONS.
20 "(a) IN GENERAL.—Applicants for rights-of-way for
21 'the development of solar energy facilities that have been
22 terminated by the establishment of the Monument shall
23 be granted the right of first refusal to apply for replace -
24 went sites that—
•S 138 IS
30
1 "(1) have not previously been encumbered by
2 right-of-way applications; and
3 44(2) are located within the Solar Energy Zones
4 designated by the Solar Energy Programmatic Envi-
5 roninental Impact Statement of the Department of .
6 the Interior and the Department of Energy.
7 "(b) ELIGIBILITY.—To be eligible for a right of first
8 refusal under subsection (a)', an applicant shall have, on
9 or before December 1, 2009-
10 "(1) submitted an application for a right-of-way
11 to the Bureau of Land Management;
12 "(2) completed _a .plan of development to de -
13 velop a solar energy facility on land within the
14 Monument;
15 "(3) submitted cost recovery funds to the Bu -
16 reau of Land Management to assist with the costs.
17 of processing the right-of-way application;
18 ".(4) successfully submitted an application for
19 an interconnection agreement with an electrical grid
20 operator that is registered with the North American
2.1 Electric Reliability Corporation; and
22 .4'(5) (A) secured .a power purchase agreement;
23 or
•S 138 IS
-31
1 "(B) a financially and technically viable solar
2 energy facility project, as determined by the Director
3 of the Bureau of Land Management.
4 "(c) EQUIVALENT ENERGY PRODUCTION.—Each
5 right-of-way for a replacement site granted under this sec -
6 tion shall -
7 "(1) authorize the same energy production at
8 the replacement site as had been applied for at the
9 site that had been the subject of the terminated ap-
10 plication; and
11 "(2) have -
12 "(A) appropriate solar insolation and
13 geotechnical attributes; and
14 "(B) adequate access to existing trans -
15 mission or feasible new. transmission.
16 "(d) ENISTING RIGHTS-OF-WAY APPLICATIONS. -
17 Nothing in this section alters, affects, or displaces primary
18 rights-of-way applications within the Solar Energy Study
19 Areas unless the applications are otherMse altered, af-
20 fected, or displaced as a result of the Solar Energy Pro -
21 gi aromatic Environmental Impact Statement of the De -
22 partment of the Interior and the Department of Energy.
23 "(e) DEADLINES. A right of first refusal granted
24 under this section shall only be exercisable by the later
25. of—
•S 138 IS
32
l "(1) the date that is 180 days . after the date of
2 enactment of this title; or
3 "(2) the date that is 180 days after the date of
4 the designation. of the Solar Energy Zones under the
5 Solar Energy Programmatic Environmental Impact
6 Statement.
7 "(f) EXPEDITED APPLICATION PROCESSING. The
8 Secretary shall expedite the review of replacement. site ap-
9 plications from eligible. applicants, as described in sub-
10 section (b).
11 "TITLE XIV-SAND TO SNOW
12 NATIONAL MONUMENT
13 "SEC. 1401. DEFINITIONS.
14 "In this title:
15` "(1) MAP.—The term `map' means the map en-
16 titled `Boundary Map, Sand to Snow National
17 Monument.' and dated October 26, 2009:
18 (2) MONUMENT.—The term `Monument'
19 means the.. Sand to Snow National Monument estab-
20 lished by section .1402 (a)._
21 _ "(3) SECRETARIES:-=The tenni . `Secretaries'.
22 means_ the. Secretary, of. the Interior, and the See-
13retary of Agriculture, acting jointly.
•S 138 IS
33
1 "SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NA -
2 TIONAL MONUMENT.
3 "(a) ESTABLISHMENT.—There is designated in the
4 State the Sand to Snow National Monument.
5 "(b) PuRPOSEs.—The purposes of the Monument
6 are -
7 (1) to preserve the nationally significant bio
-
8 logical, cultural, educational, geological, historic, see -
9 nic, and recreational values at the convergence of
10 the Mojave 'and Colorado Desert and the San
11 Bernardino Mountains; and
12 "(2) to secure the opportunity for present and
13 future generations to experience and enjoy the mag -
14 nificent vistas, wildlife, land forms, and natural and
15 cultural resources of the Monument.
16 "(c) BOUNDARIES.—The Monument shall consist of
17 the Federal land and Federal interests in land -"rithin the
18 boundaries depicted on the map.
19 (d) MAP; LEGAL DESCRIPTIONS. -
20 "(1) LEGAL DESCRIPTION. As soon as prac-
21 ticable after the date of enactment of this title, the
22 Secretary shall submit to the Committee on Natural
23 Resources of the House of Representatives and the .
24 Committee on Energy and Natural Resources of the
25 Senate legal descriptions of the Monument, based on
26 the map.
•S 138 IS
34
1 "(2) CORRECTIONS.—The map and legal de -
2 scriptions -of the Monument. shall have the same
3 force and effect as if included in this title, except
4 that the Secretary -may correct- clerical and typo -
5 graphical errors in the map and legal descriptions.
6 "(3) AVAILABILITY OF MAP.—The map shall be
7 on file and available for -public inspection in appro-
8 priate -offices* .of the Bureau of Land Management.
9 "SEC. 1403. MANAGEMENT OF THE MONUMENT.
10 "(a) IN GENERAL.—The Secretary. shall—
"(1) only allow uses of the Monument that -
12 "..(A) further the purposes described in sec -
13 tion 1402(b);
14 "(B) are included in the management plan
15 developed under subsection (g); and.
16 "(C) do not interfere Arith the utility.
17 rights-of-way authorized under section 1405(e);
18 and
19' "(2) subject to valid existing rights, manage the
20 . Monument to protect the resources of the Monu=
21 ment, in accordance with=
22 ; (A) this title;
23 "(B) the Federal Land Policy and Man
24 agement Act :of 1976:(43 U.S.C. 1701 et seq.);
25 and
•S 138 IS
35
any other applicable provisions of law.
2 .."(b) COOPERATION AGREEMENTS; GENERAL AU
-
3 TI ORITY.—Consistent with the management plan and ex -
4 isting authorities applicable to the Monument, the Sec -
5 retary may enter into cooperative agreements and shared
6 management arrangements (including special use permits
7 with any person (including educational institutions and In -
8 than tribes) ), for the purposes of interpreting, researching,
9 and providing education on the resources of the Monu-
10 menu.
11 "(c) ADMINISTRATION OF SUBSEQUENTLY AC -
.12 QUIRED LAND. Any land or interest in land within the
13 boundaries of the Monument that is acquired by the Sec -
14 retary of the Interior or the Secretary of Agriculture after
15 the date of. enactment of this title shall be managed. by
16 the Secretary of Agriculture or the Secretary of the Inte-
17 rior, respectively, in accordance -"rith this title.
18 "(d) LiAnTATIONS.—
19 "(1) PROPERTY RIGHTS.—The establishment of
20 the Monument does not -
21 "(A) affect—,
22 "(i) any property rights of an Indian
23 reservation, individually held trust land, or
24 any other Indian allotments;
•S 138 IS
36
1 "(ii) any land or interests inland held
2: by the State, any political subdivision of
3 the State, or any special district;. or
4 "(iii) any. private property rights with -
5 - in .the boundaries of the Monument; .or
6 "(B) 'grant to the Secretaryy any authority
7 on or over non -Federal land not. already pro -
8 vided by law.
9 "(2) AUTHORITY. -The authority of the See-
' 10 retary under this title extends only to Federal land
11 and Federal interests in land included in the Monu-
12. ment.
13 "(e) ADJACENT MANAGEMENT. -
14 "(1) IN GENERAL:=Nothing in this title creates
15 any protective perimeter: or buffer zone around the
16 Monument.
17 "(2) ACTIVITIES OUTSIDE MONUMENT.—The
18 fact that an activity or use. on land outside the
19 Monument can be : seen or Beard within the Monu-
20 relent shall not preclude the activity or use outside
21 the boundary of the Monument. .
22 : "(3) , No ADDITIONAL REGULATION:—Nothing
23 in this title requires additional regulation of activi-
24 ties on land .outside .the boundary of the Monument:
•S 138 IS
37
1 "(f) AIR AND WATER QUALITY.—Nothing in this title
2 affects the standards governing air or water quality out -
3 side the boundary of the Monument.
4 "(g) MANAGEMENT PLAN. -
5 "(1) IN GENERAL.—The Secretaries shall -
6 "(A) not later than 3 years after the date
7 of enactment of this title, complete a manage -
8 ment plan for the conservation . and protection
9 of the Monument; and
10 "(B) on completion of the management
11 plan -
12 "(i) submit the management plan
13 to -
14 "(I) the Committee on Natural
15 Resources of the House of Represent -
16 atives; and
17 "(II) the Committee on Energy
18 and Natural Resources of the Senate;
19 .. and
20 "(ii) make, the management plan
21 available to the public.
22 "(2) INCLUSIONS.—The management plan shall
23 include provisions that -
24 ".(A) provide for the conservation and pro -
25 tection of the Monument;
•S 138 IS
oS 138 IS
38
1
"(B) authorize the continued recreational
2.
uses of the . Monument (including hiking, camp -
3
ing, hunting, mountain biking, sightseeing, off -
4
highway vehicle recreation on designated routes,.
5
rockhounding, and horseback riding), if the rec-
6
reational uses are consistent v"Tith this title and
7
any other applicable law;
8
"(C) address the need for and, as nec-
9
essary, establish plans for, the. installation, con -
10
struction, and maintenance of public utility en-
ergy transport facilities-"Tithin. rights-of-way in
12 .
the. Monument outside of designated wilderness
13
areas, including provisions that require that -
14
"(i) the activities be conducted in a
15
manner that minimizes the impact on
16
Monument resources (including resources
17
relating to the ecological, cultural, historic,
18
and scenic viewshed of the Monument), in
.19
accordance with any other applicable la -"T;
20.
and
21
"(ii) the facilities are consistent with
22
this section and any other. .applicable la -"T;.
23
"(D) address the designation and mainte=
24
nanee of roads, trails, and .paths in the Monu-
. 25
ment;
oS 138 IS
39
1
"(E) address regional fire management
2
planning and coordination between the Director
3
of the Bureau of Land Management, the Chief
4
of the Forest. Service, Riverside County, and
5
San Bernardino County; and
6
"(F) address the establishment of a visitor
7
center to serve the Monument and adjacent
8
public land.
9
"(3) PREPARATION AND IMPLEMENTATION.—
10
"(A) APPLICABLE LAW.—The Secretary
11
shall prepare and implement the management
12
plan in accordance with the National Environ -
13
mental Policy Act of 1969 (42 U.S.C. 4321 et
14
seq.) and any other applicable laws.
15
"(B) CONSULTATION.—In preparing and
16
implementing the management plan, the See -
17
retary shall periodically consult with -
18
"(i) the advisory committee estab-
19
lished under section 1406;
20
"(ii) interested .private property own -
.21
ers. and holders of valid existing rights 10-
22
cated within the boundaries of the Monu-
23
meat; and
24
"(iii) representatives of the Morongo
25
Band of Mission Indians and other Indian
•S 1381S
40
1 tribes with historic or cultural ties to land
2 within, or adjacent. to, the Monument re -
3 garding the management of portions of the
4 Monument that are of cultural importance
5 to the Indian tribes.
6 "(4) INTERIM MANAGEMENT.—Except as other -
7 wise prohibited by this Act, pending completion of
8 the management plan for the Monument, the Sec -
9 retary shall: manage any Federal land and Federal
10 interests in land within the boundary of the Monu-
11. ment—
12 "(A) consistent with. the existing permitted
13 uses of the land;
14 `.`(B) in accordance with the general guide -
15 lines and authorities of the. existing manage -
16 ment plans of the Bureau of Land Management
17 and the Forest Service for the land; and
18.: "(C) m a manner consistent with -
19 ".(i) the purposes described in section
20 1462(b);
21 "(ii) the provisions of the manage -
22 ment.plan •under paragraph (2); and
23 "(iii) applicable Federal law.
•s 138 IS
41
1 "(5) EFFECT OF SECTION.—Nothing in this
2 section diminishes or alters existing authorities. ap-.
3 plicable to Federal land included in the Monument.
4 "SEC. 1404. USES OF THE MONUMENT.
5 "(a) USE OF OFF-HIGHWAY VEHICLES. -
6 "(1) IN GENERAL.—The use of off-highway ve-
7 hicles in the Monument (including the use of off -
8 highway vehicles for commercial touring) shall be
9 permitted to continue on designated routes, subject
10 to all applicable law and authorized by the manage -
11 ment plana
12 "(2) NONDESIGNATED ROUTES.—Off-highway
13 vehicle access shall be permitted on nondesignated
14 routes and trails in the Monument -
15 "(A) for administrative purposes;
16 "(B) to respond to an emergency; or
17 "(0 as authorized under the manavement
18 plan.
19 "(3) INVENTORY.—Not later than 2 years after
20 the date of enactment of this title, the .Director of
21. the Bureau of Land Management shall complete an
22 inventory of all existing routes in the Monument.
23 "(b) HUNTING, TRAPPING, AND FISHING. -
24 "(1) IN GENERAL.—Except as provided in para -
25 graph (2), the Secretary shall permit hunting, trap -
•S 138 IS
42
1 ping, and fishing within the Monument in accord -
2 ance -" ith applicable.. Federal and State laws (includ-
3 ing regulations) as of the date of enactment of this
4 title.
5 "(2) TRAPPING.—No amphibians or reptiles
6 may be collected within the Monument.
7 "(3) REGULATIONS.—The Secretary, after con -
8 sultation with the California Department of Fish
9 and Game, may issue regulations designating zones
10 where,' and establishing periods during which, no
11 hunting, trapping, or fishing shall be permitted in
12 the Monument for reasons of public safety, adminis-
13 tration, resource protection, or public use and enjoy -
14 ment.
.15 "(c) ACCESS TO STATE AND PRIVATE LAND.—The
16 Secretary shall provide adequate access to each owner of
17 non -Federal land or interests in non -Federal land-"ithin
18 the boundary of the Monument to ensure the reasonable
19 use and erijo3mlent of the land or interest by the owner.
20 "(d) LmTATIONS.—
21 "(1) COMMERCIAL. ENTERPRISES.—Except as
22 provided in. paragraphs (2) and (3), or as required.
23 for the maintenance, upgrade, expansion, or develop -
24 ment of energy transport facilities in the corridors
25 described in subsection (e); no commercial enter
•s 1381s
43
1 prises shall be authorized within the boundary of the
2 Monument after the. date of enactment of this title.
3 "(2) AUTHORIZED EXCEPTIONS.—The Sec -
4 retary may authorize exceptions to paragraph (1) if
5 the Secretary determines that the commercial enter -
6 prises would further the purposes described in sec -
7 tion 1402(b).
8 "(3) .TRANsmiSSION AND TELECOMMUNICATION
9 FACILITIES.—This subsection does not apply to -
10 "(A) transmission and telecommunication.
11 facilities that are owned or operated by a utility
12 subject to regulation by the Federal Govern -
13 ment or a State government or a State utility
14 with a service obligation (as those terms are de -
15 fined in section 217 of the Federal Power Act
16 (16 U.S.C. 824q)); or
17. "(B) commercial vehicular touring enter -
18 prises within the Monument that operate on
19 designated routes.
20 "(e) UTILITY RIGHTS -OF -WAY. -
21 "(1) IN GENERAL.—Nothing in this Act pre -
22 eludes, prevents; or inhibits the maintenance, up -
23 grade, expansion, or development of energy trans -
24 port facilities within the Monument that are critical
as 138 IS
44 .
1
to reducing the effects of climate change on the envi-
2..:
ronment.
3 '
"(2) RIGHT-OF-INTAY.—To the maximum extent
4,
practicable—
5
"(A) the Secretary shall permit rights of
6
way and alignments that. best protect the values
7
and resources of the Monument_ described in
8 :
- section 1402(b); and .
9
"(B) the Secretary shall • ensure that exist -
10
ing rights-of-way. and, utility corridors within
11
the Monument are; fully, utilized before permit -
12
ting new rights-of-way or designating new util-
13
ity corridors within , the Monument.
14
"(3) . EFFECT ON: EXISTING FACILITIES AND
15
RIGHTS -OF -WAY. -Nothing in this section terminates
16
or limits -
17
(A)... any valid right-of-way in existence
. 18
within the Monument on the date of enactment
19
of this title (including customary operation;
20
maintenance.- repair, ;or .replacement activities in
21
: . a right-of-way); or
22,
"(B) a: right-of-way authorization, issued on
23.:
,. the expiration T the assignment of an existing
24 : ;
right-of-way: authorization described in subpara=
f25.
i.
graph (A) .
i
•S 138 I5
1 "(4) UPGRADING AND EXPANSION OF EXISTING
2 RIGHTS -OF -WAY. -Nothing in this subsection pro -
3 hibits the upgrading (including the construction or
4 replacement), expansion, or assignment of an exist -
5 ing utility transmission line for the purpose of in -
6 creasing the capacity of -
7 "(A) a transmission line in existing rights -
8 of -way; or
9 "(B) a right-of-way issued, granted, or
10 permitted by the. Secretary that is contiguous or
11 adjacent to existing transmission line rights -of -
12 way. .
13 "(5) NEW RIGHTS -OF -WAY. -
14 "(A) IN GENERAL. Any new rights-of-way
15 or new uses within existing rights-of-way shall.,
16 subject to subparagraph (B), require review and
17 approval under the National Environmental
18 Policy Act of 1969 (42 U.S.C. 4321 et seq.).
19 "(B) APPROVAL.—Never uses under sub -
20 paragraph (A) shall only be approved if the
21 head of the applicable lead Federal agency, in
22 consultation with other applicable agencies, de -
23 termine that the uses are consistent with—
24 "(i) this title;
25 "(ii) other applicable laws;
•S 138 IS
46
1 . "(iii) the purposes of the Monument
2 described in section 1402(b); and
3 " (iv) the management plan for the
4 Monument:
5 "(6)EFFECT ON ENERGY TRANSPORT COR -
6 RMORS.—Nothing- in this subsection diminishes the
7 utility of energy transport corridors located within
8 the Monument designated by a record of decision—
.9
ecision—.9 "(A) to provide locations for -
10. "(i) electric transmission facilities
11 that improve. reliability, relieve congestion,
12 and enhance the national grid; and
13 (ii) oil, gas, and hydrogen pipelines;
14. and
15 "(B) to provide locations for. electric trans -
16. mission facilities. that_—
17 "(i) promote renewable energy genera -
18 tion;
19 "(ii) otherwise ` further the interest of
20: the United. - States if the. transmission fa'
21 cilities are identified as critical in law or
22, through.; a regional. transmission planning
23 process; .or.
•S 138 IS
1 "(iii) consist of high-voltage trans -
2 mission facilities critical to the .purposes
.3 described in clause (i) or (ii).
4 "(7) LAND USE PLANNING.—In conducting
5 land use planning for the Monument, the Sec -
6 retary=
7. "(A) shall consider the existing locations of
8 the corridors described in paragraph (6); and
9 "(B) subject to paragraph (8), may amend
10 the location of any energy corridors to comply
11 urith purposes of the Monument if the amended
12 corridor -
13 "(i) provides connectivity across the
14 landscape that is equivalent to the
15 connectivity provided by the existing loca-
16 tion;
17 "(ii). meets the criteria established
18 by -
19 "(I) section 368 of the Energy
20 Policy Act of 2005 (42 U.S.C.
21 15926); and
22 "(II) the record of decision for
23 the applicable corridor; and
24 "(iii) does not impair or restrict the
25 uses of:existing rights-of-way.
•S 138 IS
48
1 "(.8) CONSULTATION REQUIRED.—Before
2 amending a corridor. under. paragraph (7)(B), the
3 Secretary shall consult with all interested parties
4 (including the persons identified iri section 368(a) of
.5 the Energy Policy Act of 2005 (42 U.S.C.
6 15926(a))), in accordance with applicable laws (in -
.7 eluding regulations).
8 "(f) OVERFLIGHTS.—Nothing in this title or the
9 management plan restricts or precludes -
10. "(1) overflights (including low-level overflights)
11, of military, commercial, and general aviation aircraft
12 that can be seen or heard within the Monument;
13 "(2) the desigiiation'or creation of new units of
14 special use airspace; or
15 "(3) the establishment of military flight train -
16 ing routes over the Monument.
17. "(g) WITHDRAWALS. -
18 "(1) IN GENERAL.—Subject to valid existing
.19, rights and except as provided in paragraph (2), the
20 Federal land and interests in Federal land included
21 within the Monument are withdrawn from -
22 ".(A) all forms of entry, appropriation, or
23 disposal under the public land laws;
24 "(B) location; entry, and patent under the
25 public land.mining.laws;
•S 138 IS
49.
1 "(C) operation of the mineral leasing, geo-
2 thermal leasing, and mineral materials laws;
3 and
4 "(D) energy development and power gen-
5 eration.
6 "(2) ExCxANGE.—Paragraph (1). does. not
7 apply to an exchange that the Secretary determines
8 would further the protective purposes of the Monu-
'91 ment.
10 "(h) ACCESS TO RENEWABLE ENERGI' F+'ACILI-
11 TIES. -
12 "(1) IN GENERAL.—Subject.to paragraph (2),
13 the Secretary may allow new right-of-ways within
14 the Monument to provide reasonable vehicular access
15 to renewable energy project sites outside the bound -
16 aries of the Monument.
17 "(2) RESTRICTIONS.—To the maximum extent
18 practicable, the rights-of-way shall be designed and
19 sited to be consistent with the purposes of the
20 Monument described in section 1402(b).
21 ,SEC. 1405. ACQUISITION OF LAND.
22 "(a) IN GENERAL.—The Secretary may acquire for
23 inclusion in the Monument any land or interests in land
24 within the boundary of the Monument owned by the State,
•S 138 IS
50
1 units of local government, Indian tribes, or private individ-
2 uals only by -
3 (1) donation; .
4 "(2) exchange with a willing party; or
5 "(3) purchase from a willing seller for fair mar -
6 ket value.
7 "(b) USE OF EASEMENTs.—To the mammum extent
8 practicable and only with the approval of the landowner,
9 the Secretary may use permanent conservation easements
10. to acquire an interest in land in the Monument rather
11 than acquiring fee simple title to the land.
12 (c). INCORPORATION OF ACQUIRED LAND AND IN
13. TERESTS IN LAND.—Any land or interest in land within
14 the boundaries of the Monument that is acquired by the
15 United States after the date of enactment of this title shall
16 be added to and administered as part of the Monument.
17 "(d) DONATED AND ACQUIRED LAND.—
A8 - "(1) IN GENERAL.—All land within the bound-
19 ary of the Monument donated to. the United States
20 or acquired using amounts from the land and water
21 conservation fund established under section 2 of the
22 Land and Water Conservation Fund Act of 1965
23; (16 U.S.C. 4601-5) . before, ,on, or after the date of
24 enactment of this title—
25 "(A) is withdrawn from mineral entry;
•S 138 IS
51
1 "(B) shall be managed in. accordance with
2 section 1904; and
3 "(C) shall be managed consistent with the
4 purposes of the Monument described in section
5 1402(b).
6 "(2) EFFECT ON MONUMENT.—Land within the .
7 boundary of the Monument that is contiguous to
8 land donated to the United States or acquired using
9 amounts from the land and water conservation fund
10 established under section 2 of the Land and eater
11 Conservation Fund Act of 1965 (16 U.S.C. 4601-5)
12 shall be managed in. a manner consistent with con -
13 servation purposes, subject to applicable law.
14 "SEC. 1406. ADVISORY COMMITTEE.
15 "(a) IN GENERAL.—The Secretary shall establish an
16 advisory committee for the Monument, the purpose of
17 which is to advise the Secretary with respect to the prepa.
18 ration and implementation of the managem' ent plan re -
19 quired by section 1403(g).
20 "(b) MEMBERSHIP. -To the extent practicable, the
21 advisory committee shall include the following members;
22 to be appointed by the Secretary:
23 "(1) A representative with expertise in natural
24 science and research selected from a regional univer-
25 city or research institute.
•S 13S IS
52
1
"(2) A representative of the Department of De-.
2
fense.
3
"(3) A representative of the California Natural
4
Resources Agency.
5
"(4) A representative of each of San
6
Bernardino and Riverside Counties, California.
7
"(5) A representative of each of the cities of
8.
Desert Hot Springs and Yucca Valley, California.
9.
"(6) A representative of the Morongo Band of
10
Mission Indians.
11
"(7) A representative of the Friends of Big
12
Morongo Preserve.
13
"(8) A representative of the Wildlands Conser-
14
vancy.
15
".(9) A representative of the Coachella Valley
.16 _
Mountains Conservancy.
17
"(10) A representative of the San Gorgonio
18
Wilderness Association.
19
"(11) A representative of the Morongo Basin
20
Community Services. District..
21.
"(12) A representative from each, of the, fol -
22
lowing recreational activities:
23.
"(A) Off-highway vehicles:
24.
"(B) Hunting.
25
"(C) Rockhounding.
•S 138 IS
53
1 "(c) TERMS. -
2 "(1) IN GENERAL.=In appointing members
3 under paragraphs (1) through (12) of subsection
4 (b), the Secretary shall appoint. 1 primary member
5 and 1. alternate member that meets the qualifica-
6 tions described in each of those paragraphs.
7 "(2) VACANCY. -
8 '.'(A) PRIMARY MEMBER.—A vacancy on
9 the advisory committee with respect to a pri-
10 mart' member shall be filled by the applicable
11 alternate member.
12 "(B) ALTERNATE MEMBER.—The Sec -
13 retary shall appoint a nein alternate members in
14 the event of a vacancy «pith respect to :an alter -
15 nate member of the advisory committee.
16 "(3) TERMINATION.
17 "(A) IN GENERAL.,.—The term of all mem-
18 bers of the advisory committee shall terminate
19 on the termination of the advisory committee
20 under subsection (g).
21 "(B) NEw ADVISORY COMMITTEE.—At the
22 discretion of the Secretary, the Secretary may
23 establish a new advisory committee on the ter -
24 urination of the advisory committee under sub -
•S 138 IS
54
1 section (g) to provide ongoing recommendations .
2 on the management of the Monument.
3 "(d) QUORUM.—A quorum of the advisory committee
4 shall consist of a majority of the primary members.
5. "(e) CHAIRPERSON AND PROCEDURES. -
6 "(1) IN GENERAL.—The advisory committee
7 shall select a chairperson and vice chairperson from
8 among the . primary members of the advisory com-
9 mittee.
10 "(2) DUTIES.—The chairperson and vice chair-
11 person selected under paragraph (1) shall - establish
12 any rules and procedures for the advisory committee
13 that the chairperson and vice -chairperson determine
14 to be necessary or desirable.
15 "(f) SERVICE WITHOUT COMPENSATION.—Members
16 of the advisory committee shall serve-"ithout pay.
17 "(g) TERMINATION.—The advisory committee shall
18 cease to exist oii— .
19.. "(1) the date on which the management plan is
20 officially adopted by the Secretary; or
21 "(2)... at the discretion of the Secretary, a later
22,; date established by the Secretary.
•S 138 IS
55
1 "TITLE XV-WILDERNESS
2 "SEC. 1501. DESIGNATION OF WILDERNESS AREAS.
3 "(a) DESIGNATION OF WILDERNESS AREAS TO BE
4 ADMINISTERED BY TI3E BUREAU OF LAND MANAGE-
5 MENT.=In accordance with the Wilderness Act (16 U.S.G.
6. 1131 et seq.) and sections 601 and 603 of the Federal
7 Land Policy and Management Act of 1976 (43 U.S.C.
8 17817 1782), the following land in the State is designated
9 as wilderness areas and as components of the National
10 Wilderness Preservation System:
11 "(1) AVAWATZ MOUNTAINS AATILDERNESS.—Cer-
12 tain land in the Conservation Area administered by
13 the Director of the Bureau of Land Management,
14 comprising approximately 86,614 acres, as generally
15 depicted on the map entitled `Avawatz Mountains
16 Proposed Wilderness' and dated July 15, 2009, to
17 be kno«rn as the `Avawatz Mountains Wilderness'.
18 "(2) GOLDEN VALLEY WILDERNESS.—Certain
19 land in the Conservation Area administered by the
20 Director of the Bureau of Land Management, com-
21 prising approximately 21,633 acres, as. generally de-
22 picted on the map entitled `Golden Valley Proposed
23 Wilderness' and. dated July 15, 2009, which shall be
24 considered to be part of the `Golden Valley Wilder-
25 ness'.
•S 138 IS
GREAT FALLS BASIN 'VVILDERNESS.=
2 "(A) IN GENERAL.—Certain land in the
3 Conservation Area administered by the- Director
4- of the. Bureau of Land Management, com-
5 prising appro)dmately 7,871 acres, as generally
6 depicted on the map entitled `Great Falls Basin
7 Proposed Wilderness' and dated October 26,
8 2009) to, be known as the `Great Falls Basin
9 Wilderness'.
10 "(B)LIMITATIONS.—Designation of the
11 wilderness under subparagraph (A) shall not es -
12 tablish a Class I Airshed under the Clean Air
13 Act (42 U.S.C. 7401 et seq.).
14 "(4) KINGSTON RANGE WILDERNESS.—Certain
15 land in the Conservation Area administered by the
16 Bureau_ of Land Management, comprising appro:�a-
17 mately 53,321 acres, as generally, depicted on the
18 map entitled `Kingston Range Proposed Wilderness
19 Additions' and dated July 15., .2009, which shall be
20 considered to. be .a. part of as the `Kingston Range
21 Wilderness'.
22 "(5) ,SODA MOUNTAINS )ATILDERNESS.—Certain
23 land in the Conservation Area, administered by the
24 Bureau, of . Land. Management, comprising approxi-
25 mately 79,376 acres, as generally depicted on the
°S 138 IS
57
1 map entitled `Soda Mountains Proposed Wilderness'.
2 and dated October 26; 2009, to be known as the
3 `Soda Mountains Wilderness'.
4 "(b) DESIGNATIONOF WILDERNESS AREAS TO BE
5 ADMINISTERED BY ME NATIONAL PARD SERVICE.—In
6 accordance with the Wilderness Act (16 U.S.C.. 1131 et
7 seq.) and sections 601 and 603 of the Federal Land Policy
8 and Management Act of 1976 (43 U.S.C. 1781, 1782),
9 the following land in the State is designated as wilderness
10 areas and as components of the National Wilderness Pres -
11 ervation System:
12 "(1) DEATH VALLEY NATIONAL PARD MrILDER-
13 NESS ADDITIONS.—Certain land in the Conservation
14 Area administered by the Director of the National
15 Park Service, comprising approximately 59,264
16 acres;_ as generally depicted on the map entitled
17. `Death Valley National Park Additions.' and dated
18 October 1, 2009, which shall be considered to be a
19 part of the Death Valley National Park Wilderness.
20 "(2) BOWLING ALLEY WILDERNESS.—Certain
21 land in the Conservation Area administered by the
22 Director of the Bureau of Land Management, com-
23 prising approximately 30,888 acres, as generally de -
24 pitted on the map entitled `Death Valley National
25 Park Proposed Wilderness Area', numbered 143/
eS 138 IS
58.
1 100080, and dated June 2009, which shall be con -
2 sidered to be a part 'of the Death Valley- National
3 Park Wilderness.
4 "(c) .DESIGNATION .OF WILDERNESS AREA TO BE
5 ADMINISTERED BY THE FOREST SERVICE. -
6. "(1) IN GENERAL.=In accordance with the Wil -
7 derness Act (16 U.S.C.. 1131 et seq.) and sections.
8 601 and 603 of the Federal Land Policy and Man -
9 agement Act of 1976 (43 U.S.C. 1781, 1782), the
10 land in the State described in paragraph (2) is des -
11 ignated as a wilderness area and as a component of
12 the National Wilderness Preservation System.
13 "(2) DESCRIPTION OF LAND.—The land re -
14 ferred to in paragraph (1) is certain land in the San
15 Bernardino National .Forest, comprising approxi -
16 mately 7,141 acres, as generally depicted on the
17 map entitled `Proposed Sand to Snow National
18 Monument' and dated October.26, 2009., which shall
19 considered to be a part of. the San Gorgonio Wilder -
20. ness.
2.1 "SEC. 1502. MANAGEMENT.
22. "(a) ADJACENT MANAGEMENT. -
23. "(1) IN GENERAL.—Nothing in this title creates
24 any protective perimeteror buffer zone around the
25. wilderness areas designated by section 1501.
•S 138 IS
I
1 "(2) ACTIVITIES OUTSIDE urILDERNESS
2 AREAS. -
3 "(A) IN GENERAL.—The fact that an ac -
4 tivity . (including military activities) or use on
5 land outside a wilderness area designated by
6 section 1501 can be seen or heard within the
7 wilderness area shall not preclude or restrict
8 the activity or. use outside the boundary of the
9 wilderness area.
10 "(B) EFFECT ON NONVATILDERIVESS ACTI TI-
11 TIES. -
12 "(i) IN GENERAL.—In any permitting
13 proceeding (including a review under the
14 National Environmental Policy Act of
15 1960 (42 U.S.C. 4321 et seq.)) conducted
16 with respect to a project described in
17 clause (ii) that is formally initiated
18 through a notice in the Federal Register
19 before December 31, 20137 the consider -
20 ation of any visual, noise, or other impacts
21 of the project on a wilderness area des -
22 ignated by section 1501 shall be conducted
23 based on the status of the area before des -
24 ignation as wilderness.
•S 138 IS
I
j "(ii) DESCRIPTION OF PROJECTS.—A
2 project referred to in clause (i) is a renew-
3able energy project-
4,
roject-4. "(I) . for which the Bureau of
5 Land Management has received a
6 right-of-way use application on ' or be -
7 fore the date of enactment of this Act;
8 and .
9 "(II) that is located outside the
10 boundary of a wilderness area des -
11. ignated by 'section 1501.
12 "(3) NO ADDITIONAL REGULATION.—Nothing
.13 in this title requires additional regulation of activi-
14 ties on laird outside the boundary of the wilderness
15 areas..
16 44(4).. EFFECT ON MILITARY OPERATIONS. -
17 Nothing in this Act alters any authority of the Sec -
18 retary of Defense to conduct any military operations
19 at desert installations, facilities,_ and ranges of. the
20 State that are authorized under any other provision
21,of law..
22 "(U) MAPS; LEGAL DESCRIPTIONS.—
"(1) IN GENERAL.=As soon as practicable
24 after the. date of enactment of this title, the Sec=
25 retary shall file a map and legal description of each
•S 138 IS
61
1 urilderness area and-Mlderness addition designated
2 by section 1501 ivith
3 "(A) the Committee on Natural Resources
4 of the House of Representatives; and
5 "(B) the Committee on Energy and Nat-
h ural Resources of the Senate.
7 "(2) FORCE OF LAW. A map and legal de-
b seription filed under paragraph (1) shall have .the
9 same force and effect as if included in this title, ex-
10 cept that the Secretary may correct errors in the
11 maps and legal descriptions.
12 "(3) PUBLIC' AVAILABILITY.—Each map : and
13' legal description filed under paragraph (1) shall be
14 filed and made available for public inspection in the
15 appropriate office of the Secretary.
16 "(e) ADMINISTRATION.—Subject to valid existing
17rights, the land designated as-"dlderness or as a -"rilder-
18 `ness addition by section 1501 shall be administered by the
19 Secretary in accordance urith this Act and the Wilderness
20. Act (16 U.S.C. 1131 -et seq. ), except that any reference
21 in that Act to the effective date shall be considered to be
22 a reference to the date of enactment of this title.
23 "SEC. 1503.. RELEASE OF WILDERNESS STUDY AREAS:
24 "(a) FINDING.—Congress finds that, for purposes of
25 section 603 of the Federal Land Policy and Management
•S 138 IS
mi
1 Act of 1976 (43 U.S.C. 1782), any portion of a i0derness
2. study, area described in subsection (b) that is not des. -
3 ignated as a iA ilderness area .or A ilderness addition by sec -
4 tion ' 1501 or any other Act enacted before the date of en -
5 actnlent of this title lids been adequately studied for mil -
6 derness.
7 "(b) DESCRIPTION: OF STUDY AREAS. The study
8 areas referred to in subsection. (a). are -
9 "(1) the Cady. Mountains Wilderness Study
10 Area;
11 "(2) the Great. Falls Basin VATilderness Study
12 Area; and
.13 "(3) the Soda Mountains Wilderness Study
14 Area.
15 "(c) RELEASE. Any portion of a m ilderness study
16 area described in subsection (b) that is, not designated as
17 . a wilderness area or wilderness addition .by section 1501
18is no longer subject to section 603(c) of the Federal Land_
19 Policy.and Management Act of 1976 (43 U.S.C. 1782(c)).
20 "TITLE XVI -DESIGNATION OF
21 SPECIAL MANAGEMENT AREA
22 . "SEC: 1661. DEFINITIONS. .
23 "In this title:
•S 1381S
63
MANAGEMENT AREA.—The term `Manage -
2 ment Area' means the Vinagre Wash Special Man -
3 agement Area.
4 "(2) MAP.—The term `map' means the map en -
5 titled `Vinagre Wash Special Management Area -Pro -
6 posed' and dated November 10, 2009.
7 "(3) PUBLIC LAND.—The term `public land'
8 has the meaning given the term `public lands' in sec -
9 tion 103 of the Federal Land Policy and Manage -
10 ment Act of 1976 (43 U.S.C. 1702).
11 "(4) SECRETARY.—The term `Secretary' means
12 the Secretary of the Interior.
13 "SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPE -
14 CIAL MANAGEMENT AREA.
15 "(a) ESTABLISHMENT.—There is established the
16 Vinagre Wash Special Management Area in the State, to
17 be managed by the El Centro Field Office and the Yuma
18 Field Office of the Bureau of Land Management.
19 (b) PURPOSE.—The purpose of the Management
20 Area is to conserve, protect, and enhance -
21 "(1) the plant and wildlife values of the Man=
22 agement Area; and
23 "(2) the outstanding and nationally significant
24 ecological, geological, scenic, recreational, archae-
•S 138 IS
64
1 . ological, cultural, .historic, and other resources of the
2, Management Area..
3 "(c) BOUNDARIES.—The Management Area shall
4 consist. of the public. land in .Imperial County, California,
5 comprising approximately : 74, 714 acres, as generally de -
6 picted on the map.
.7 "(d) MAP; LEGAL DESCRIPTION.=
8. "(1) IN GENERAL.—As. soon as practicable, but
9 not later than 3 years,. after the date of enactment
10. -of this title, the Secretary shall . submit a map and
11 legal ,description of the Management Area to -
12 "(A) the Comnuttee on Natural Resources
13 of the House of Representatives; and
14 "(B) the Committee oil Energy and Nat
15 - . ural Resources of the Senate.
16 "(2) EFFECT.—The map and. legal description
17 submitted under paragraph (1) .shall have .the.'same
18 force. and effect as if included in this title, except
19 that the Secretary may. correct any errors in the.
20map and legal Aescription: .
21 "(3) . AVAILABILITY.—Copies of the map sub-.
22 initted under paragraph (1) .shall be. on. file and.
23 available for: public inspection in
24 "(A) the .Office : of the Director . of the Bu-
25 reau of Land Management; and
•S 138 IS
65
1 "(B) the appropriate office of the Bureau
2 of Land Management in the State..
3 "SEC. 1603. MANAGEMENT.
4 "(a) IN GENERAL.—The Secretary shall allow hiking,
5 camping, hunting, and sightseeing and the use of motor -
6 .ized vehicles, mountain bikes, and horses on designated
7 routes in the Management Area in a manner that—
8 "(1) is consistent with the purpose of the Man
-
9 agement Area described in section 1602(b);
10 "(2) ensures public health and safety; and
11 "(3) is consistent with applicable law.
12 "(b) OFF-HIGHWAY VEHICLE USE. -
13 "(1) IN GENERAL.—Subject to paragraphs (2)
14 and (3) and all other applicable laws, the use of off -
15 highway vehicles shall be permitted on routes in the
16 Management Area generally depicted on the map.
17 "(2) CLOSURE.—The Secretary may tempo -
18 rarily close, or permanently reroute a portion of a
19 route described in paragraph (1)-
20 "(A) to prevent, or allow for restoration of,
21 resource damage;
22 _. "(B) to. protect tribal cultural resources,
23 including the resources identified in the tribal
24 cultural resources management plan developed
25 under section 1905(e);
•S 138 IS
66
1 "(C) to address public 1 safety concerns; or
2 ".(D) as otherwise r.equired;by law.
3 "(3) DESIGNATION OF ADDITIONAL ROUTES.—
4 During the 3 -year. period beginning on the date of
5 enactment. of this title, the Secretary-mw-
..'(A)
ecretary`.`(A) shall accept petitions from the public
7 regarding additional routes for off-highway ve-
8 hicles; and
9 ".(B) nlay designate additional routes that
10 the Secretary determines
11 "(i) wouldprovide significant or
12 unique recreational opportunities; and
13 "(ii) are consistent with the purposes
14 . of the Management Area.
15 "(c) WITHDRANTAL.—Subject to valid existing rights,
16 all, Federal land ��itliin .the Management, Area is with-
1:7 drawn from—
(1).:- all forms.. of entry, appropriation, or dis-
19 posal under the.public land laws;
20 "(2) location, entry, and patent under, the min -
21. ing laws; and
22, "(3) .right -of -Way; leasing, -or disposition under
23 :all. laws relating to-
24 < < (A) ininerals; -or
25-. "(B) solar; grind, -and geothermal energy.
•S 138 IS
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1 "(d) No BUFFERS.—The establishment of the Man -
2 agement Area shall not -
3 " (1) create a protective perimeter or buffer
4 zone around the Management Area; or
5 "(2) preclude uses or activities outside the
6 Management Area that are permitted under other
7 applicable laws, even if the uses or activities are pro -
8 hibited within the Management Area.
9 "(e) NOTICE OF AVAILABLE ROUTES.—The Sec -
10 retary shall ensure that visitors to the Management Area
1.1 have access to adequate notice relating to the availability
12 of designated routes in. the Management Area through -
13 "(1) the placement of appropriate signage along
14 the designated routes;
15 "(2) the distribution of maps, safety education.
16 materials, and other information that .the Secretary
17 determines to be appropriate; and
18 "(3) restoration of areas that are not des -
19 igna ted as open routes, including vertical mulching.
20 "(f) STEWARDSHIP.—The Secretary, in consultation
21 with Indian tribes and other interests, shall develop a pro -
22 gram to provide opportunities for monitoring and steward -
23 ship of the Management Area to minimize environmental
24 impacts and prevent resource damage from recreational
25 use, including volunteer assistance with—
•S 138 IS
68
1 "(1) route signage;
2 "(2) restoration of closed routes;
3 "(3) protection of Management Area resources;
4 and
5 "(4) recreation education.
6 "(g) ` PROTECTION OF TRIBAL CULTURAL RE -
1 SOURCES.—Not later than 2 years after the date of enact -
8 ment of this title, the Secretary, in accordance with the
9 National: Historic Preservation Act (16 U.S.C. 470 et
10 seq.) and any other applicable law, shall -
11 "(1) prepare and complete a tribal cultural re -
12 sources survey of the Management Area; .and
13 44(2) consult with the Quechan Indian Nation
14 and other Indian tribes demonstrating ancestral, cul -
15. tural, or other ties to the resources within the Man -
16 agement Area on the development and implementa-
17 tion of the tribal_ cultural resources survey under
18. paragraph (1). .
19 ."SEC. 1604: POTENTIAL WILDERNESS.
20. "(a) PROTECTION OF WILDERNESS CIIARACTER.-
21 "(1) . IN GENERAL.—The Secretary shall man-
22...- age the Federal land in the: Management Area de -
23 scribed -in. paragraph (2) in a manner that preserves
24 the character of the land for the eventual inclusion
•S 138 IS
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of the land in the National Wilderness Preservation
System.
"(2) DESCRIPTION OF LAND.—The Federal
land described in this paragraph is—
"(A) the approximately 9,160 acres of
land, as generally depicted on the map entitled
`Indian Pass Wilderness Additions -Proposed'
and dated November 10, 2009;
"(B) the approximately 17,436 acres of
land, as generally depicted on the map entitled
`Milpitas Wash Wilderness Area -Proposed' and
dated November 10, 2009;
"(C) the approximately 13,647 acres of
land, as generally depicted on the map entitled
`Buzzard Peak Wilderness Area -Proposed' and
dated November 10, 2009; and
"(D) the approximately 8,090 acres of
land, as generally depicted on the map entitled
`Palo Verde Mountain Wilderness Additions -
Proposed' and dated November 10, 2009.
44(3) USE OF LAND.—
"(A) MILITARY USES.—The Secretary
shall manage the Federal land in the Manage-
ment Area described in paragraph (2) in a
riianner that is consistent with the Wilderness
•S 138 IS
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5.
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.18
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Act (16 U.S.C. 1131 et seq.), except that the
Secretary may authorize use of the land by the
Secretary of the. Navy for Naval Special War-
fare: Tactical Training, including long-range
small unit training and navigation, vehicle con-
cealment, and vehicle sustainmeilt training, in
accordance with applicable Federal laws.
"(B) PROI3IBITED USES.—The following
shall be prohibited on the Federal land de-
scribed in paragraph (2):
"(i) Permanent roads.
"(ii) Commercial enterprises.
"(iii) Except as necessary to meet the
minimum requirements for the administra- .
tion of the Federal land and to protect
public health and safety—
"(I) the use of mechanized vehi-
cles; and.
"(II). the establishment of tem-
porary,roads.
"(4) WILDERNESS DESIGNATION.—
"(A) IN. GENERAL.—The Federal land de-
scribed in paragraph (2) shall. be designated as
Wilderness and .as a component of the National
Wilderness. Preservation. System on the date on
•S 138 IS
71
1 which the Secretary, in consultation with the
2 Secretary of Defense, publishes a notice in the
3 Federal Register, that all activities on the Fed -
4 eral land than are incompatible with the Wilder -
5 ness Act (16 U.S.C. 1131 et seq.) have termi-
6 nated.
7 "(B) DESIGNATION.—On designation of
8 the Federal land under clause (i)-
9 "(i) the land described in paragraph
10 (2)(A) shall be incorporated in, and shall
11 be considered to be a part of, the Indian
12 Pass Wilderness;
13 "(ii) the land described in paragraph
14 (2)(B) shall be designated as the `Milpitas
15 Wash Wilderness';
16 "(iii) the land described in paragraph
17 (2)(C) shall be designated as the `Buzzard
18 Peak Wilderness'; and
19 "(iv) the land described in paragraph
20 (2)(D) shall be incorporated in, and shall
21 be considered to be a' part of, the Palo
2-2 Verde Mountains Wilderness.
23 "(b) ADMINISTRATION OF WILDERNESS.—Subject to
24 valid existing rights,. the land designated as wilderness or
25 as a wilderness addition by this title shall be administered
•S 138 IS
72 .
l by the Secretary in accordance with this Act and the Wil -
2 derness Act (16 U.S.C. 1131 et seq.).
3 "TITLE XVII -NATIONAL PARK
4 SYSTEM ADDITIONS
5 "SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY RE -
6 VISION.
7 "(a) . IN. GENERAL.=The boundary of Death Valley
8 National Park .is adjusted to include -
9 "(1) the approximately 33,041 acres of Bureau
10 of Land. Management land abutting the southern
11 end of the Death Valley National, Park that lies be-
12 tween Death Valley National Park to the north and
13 Ft. Irwin Military Reservation to the south and
14 which. runs appro),dmately 34 miles from west to
1'S east, as depicted on the map entitled `Death Valley
16 . National Park Proposed Boundary Addition', num-
17 bered 143/100,080; ,and dated. June 2009;
18 "(2) the approximately 6,379 acres of Bureau
199- of Land Management land in Inyo County, Cali -
20 forma, located in the northeast area of Death Valley
21 National Park. that is within, and surrounded by, .
22 land under, the jurisdiction of the Director of. the .
23 :National Park Service; as depicted on the map enti-
24 tled. `Proposed Crater. Mine Area Addition to Death .
•S 138 IS
73
1 Talley National Park', numbered 143/100,079, and
2 dated June 2009; and
3 "(3) (A) on transfer of title to the private land
4 to the National Park Service, the approximately 280.
5 acres of private land in Inyo County, California, 16-
6 cated adjacent to the southeastern boundary of
7 Death Valley National Park, as depicted on the map
8 entitled `Proposed Ryan Camp Addition to Death
- 9 Valley National Park', numbered 143/100,097, and
10 dated June 2009; and
11 "(B) the approximately 1,040 acres of Bureau
12 of Land Management land contiguous to the private
13 land described in subparagraph (A), as depicted on
14 the map entitled `Proposed Ryan Camp Addition to
15 Death Valley' National Park', numbered 143/
16 100,097, and dated June 2009.
17 "(b) AVAILABILITY OF MP.—The maps described in
18 paragraphs (1), (2), and (3) of subsection (a) shall be on
.19 file and available for public inspection in the appropriate
20 offices of the National Park Service. .
21 "(c) ADMINISTRATION.—The Secretary of the Inte-
22 rior (referred to in this section as the `Secretary') shall-
23 "(1) administer any land added to Death Valley
24 National Park under subsection (a)—
•S 138 IS
74
1 "(A) as part . of Death Valley . National .
2 Park; and
3 "(B) in accordance with applicable laws
4 `(.including regulations)'; and
5: `.`(2) ' not later than. 180 days after the date of
6. enactment of this title, develop a memorandum of
7 understanding with Inyo County, :California, permit -
8:, ting, ongoing. access . and use to existing gravel pits
9 along : Saline Valley Road within Death Valley Na -
10 tional Park for road maintenance -and repairs in ac -
11 cordance with applicable laws (including regula-.
12 tions).
13 "SEC. 1702. MOJAVE NATIONAL PRESERVE.
14 "(a) IN GENERAL.�The boundary of the Mojave Na -
15 . tional,Preserve is. adjusted :to include
16 "(1) the 29,221 acres of .Bureau of Land Man -
17 agement land that is surrounded by the Mojave Na -
18' tional Preserve to. the northwest; . west,. southwest,
19. south,- and. southeast, and by the -Nevada State line
20 on the northeast boundary,: as : depicted on the map
21 entitled :`-Proposed Castle Mountain Addition to the
22 . ' Mojave National. Preserve';. numbered 170/100,075,.
23=,., and dated August, 2009; and,
24 46(2) the 25 .acres of Bureau of .Land Manage -
25 ment land in Baker, .California, as depicted on the
•S 138 IS
75
1 map entitled `Mojave National Preserve–Proposed
2' Boundary Addition', numbered 170/100,19.9, and
3 dated August 2009.
4 "(b) AvAILABILITY OF MAPS.—The maps described
5 in subsection (a) shall be on file and available for public
6 inspection in the appropriate offices of the National Park
7 Service.
8 "(c) ADMINISTRATION.—The Secretary shall admin -
9 ister any land added to Mojave National Preserve under
10 subsection (a)-
11 "(1) as part of the Mojave National Preserve;
12 and
13 "(2) in accordance with applicable laws (includ-
14 ing regulations).
15 "SEC: 1703. JOSHUA TREE NATIONAL PARK BOUNDARY RE -
16 VISION.
17 "(a) IN GENERAL.—The boundary of the Joshua
18 Tree National Park is adjusted to include the 2,879 acres
19 of land managed by Director of the Bureau of Land Man -
20 agement that are contiguous at several different places to
21 the northern boundaries of Joshua Tree National Park in
22 the northwest section of the Park, as depicted on the map
23 entitled `Joshua Tree National Park Proposed Boundary
24 Additions', numbered 156/100;007, and dated June 2009.
•S 138 IS
A
1 "(b) AV�llLABILITY OF MAP.—The map described in
2 subsection (a) acid .the map depicting the 25 acres de-
3 scribed in subsection (c)(2) shall be on file and available
4 for public inspection in the .appropriate..offices of the Na -
5'.
a -5'. tional Park Service:
6 "(c) ADAnNISTRATION...-
7 "(1) IN GENERAL. -The Secretary shall admin -
8 ister any land added. to. the Joshua Tree. National
9. Park under subsection (a) and .the additional land
10 described in paragraph (2)—
.11 "(A) as part. of Joshua Tree National
12 Park; and
13 "(B) in accordance .«rith applicable laws
14 (including regulations).
15. ".(2) DESCRIPTION OF ADDITIONAL LAND.—The
16 additional land referred to in paragraph (1) is the
17 25 -acres of,.land-
44(A)..
and—``(A) depicted on .the map .entitled `.Joshua.
19.- : Tree National : Park. Boundary Adjustment
20 Map', nunibered:.1500,049, and dated April 1,
21: 2003;:..
22 .. ; ".(B) added to : Joshua Tree .National..Park :.
23:3 -.by the. notice of :the Department Interior of Au -
24 gust 28; 2003,.(68 Fed..Reg: 51799);: and.
•S 138 IS
77
1. "(C) more particularly described as lots
2 261 27, 287 33, and 34 in see. 34, T. 1 N., R.
3 8 E., San Bernardino Meridian.
4 "SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.
5 "There are authorized to be appropriated such sums
6 as are necessary to carry out this title.
7 "TITLE XVIII --OFF-HIGHWAY
8 VEHICLE RECREATION AREAS
9 "SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE
10 RECREATION AREAS.
11 "(a) DESIGNATION.—In accordance with the Federal
12 Land Policy and Management Act of. 1976 (43 U.S.C.
13 1701 et seq.) and resource management plans developed
14 under this title and subject to valid existing rights, the
15 following land within the Conservation Area in San
16 Bernardino County, California, is designated as Off -High -
17 way Vehicle Recreation Areas:
18 "(1) EL MIRAGE OFF-HIGHWAY VEHICLE
19 RECREATION AREA.—Certain Bureau of Land Man -
20 agement land in the Conservation Area, comprising
21 approximately 25,600 acres, as generally depicted on
22 the map entitled `El Mirage Off -Highway Vehicle
23 Recreation Area' and dated July 15, 2009, which
24 shall be known as the `El Mirage Off -Highway Vehi-
25 cle Recreation Area'.
•S 138 IS
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15.
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21
22
23.
24
78
44(2) JOHNSON VALLEY OFF-HIGHWAY VEHICLE
RECREATION AREA.=.
"(A) IN GENERAL.—Certain Bureau of
Land:. Management land in. the Conservation
Area, comprising approximately 180,000 acres,
as generally depicted on the map entitled 'John-
son Valley Off -Highway Vehicle Recreation
Area'. and dated July 15, 2009, which shall be
known as. the `Johnson Valley Off -Highway . Ve-
hicle Recreation Area'.
"(B) EXCLUSIONS.—
"(i) IN GENERAL.—Subject to clause
(iii), the land described in clause (ii) shall
be excluded from the Johnson Valley Off -
Highway Vehicle Recreation Area to per-
mit the Secretary of the Navy to study the
land for—,
"(I) withdrawal in accordance
with the Act of February 28, 1958
(43 U.S.C. 155 et seq.); and
"(II) . potential inclusion in the
Marine Corps Air Ground Combat
Center at Twentynine Palms, Cali -
forma, for national defense purposes.
•S 138 IS
T
1
"(ii) STUDY AREA.—The land referred
2
to in clause (i) is the land that -
3
"(I) is described in -
4
"(aa) the notice of the Bu -
5
reau of Land Management of
6
September 15, 2008 entitled `No -
7
tice of Proposed Legislative
8
Withdrawal and Opportunity for
9
Public Meeting; California' (73
10
Fed. Reg. 53269); or
11
"(bb) any subsequent notice
12
in the Federal Register that is
13
related to the notice described in
14
item (aa); and
15
"(II) has, been segregated by the
16
Director of the Bureau of Land Man -
17
agement.
18
"(iii) INCORPORATION IN Or,FF-HIGH-
19
WAY VEHICLE RECREATION AREA. After
20
action by the Secretary of Defense and
21
Congress regarding the withdrawal under
22
subparagraph (A), any land within the
23
study area that is not withdrawn shall be
24.1
incorporated into the Johnson Valley Off -
25
Highway Vehicle Recreation Area.
•S 138 IS
1 "(C) JOINT USE OF CERTAIN LAND.—The.
2 Secretary of Defense shall consider a .potential
3 joint use area within the Johnson Valley Off -
4 Highway Vehicle Recreation Area as part of the
5 environmental impact statement of the Depart -
6 ment. of Defense that would allow for continued
7 recreational opportunities on the joint use area
8 during periods inwhich—
g "(i) the joint use area is not needed
10 for military training activities; and
11 "(ii) public safety can be ensured.
12 - "(D) MILITARY ACCESS FOR ADMINISTRA-
13 TIVE PURPOSES.—In cooperation with the Sec -
14 retary of the Interior, the Secretary of the Navy
15 may, after notifying the Secretary of the Inte-
16 rior, . access the Johnson Valley Off -Highway
17 Vehicle Recreation Area for national defense
18 purposes supporting military training (including
19 military range management and exercise control
20 acti-6ties).
21, ."(3) RASOR OFF-HIGHWAY VEHICLE RECRE-
227 ATION AREA.—Certain. Bureau of Land Management
23 land in .the Conservation Area, comprising approxi-
24- mately 22,400 -acres, as generally depicted. on the
25 map entitled `Rasor Off -Highway. Vehicle Recreation
•S 138 IS
S1
1 Area' and dated July 15, 2009, which shall be
2 known as the `Rasor Off -Highway Vehicle Recre-
3 ation Area.
4 "(4) SPANGLER HILLS OFF-HIGHWAY VEHICLE
5 RECREATION AREA.—Certain Bureau of Land Man-
6- agement land- in the Conservation Area, comprising
7 approximately 62,080 acres, as generally depicted on
8 the map entitled `Spangler Hills Off -Highway Vehi-
9 ele Recreation Area' and dated July 15, 2009, which
10 shall be known as the `Spangler Off -Highway Vehi-
11 cle Recreation Area'.
12 "(5) STODDARD VALLEY OFF-HIGI-TAY VEHI-
13 CLE RECREATION AREA.—Certain Bureau of Land
14 Management land in the Conservation Area, com-
15 prising approximately 54,400 acres, as generally de -
16 picted on the map entitled `Stoddard Valley Off -
17 Highway Vehicle Recreation Area' and dated July
18 157 20097 which shall be known as the `Stoddard
19 Valley Off -Highway Vehicle Recreation Area'.
20 "(b) PURPOSE.—The purpose of the off-highway ve-
21 hicle recreation, areas designated under subsection (a) is
22 to preserve and enhance the recreational opportunities
23 within the Conservation Area (including opportunities for
24 off-highway vehicle recreation), while conserving the wild -
•S 138 IS
,82
I life and other natural resource values of the Conservation
2 Area.
.3 "(c) MAPS AND DESCRIPTIONS.—
"(1) PREPARATION AND SUBMISSION.—As soon'
5. as practicable after the date of enactment of this
6 title, the Secretary shall file a map and legal de -
7 scription of each off-highway vehicle recreation area
8 designated by subsection (a) with -
9. "(A) the Committee on Natural Resources
10. of the House. of Representatives; and
11 "(B) the Committee on Energy and Nat -
12 ural Resources .of the Senate. .
13 "(2) LEGAL EFFECT.—The map and legal de -
14 scriptions of the off-highway vehicle recreation areas
,15 filed under paragraph (1) shall have the same force
16: and effect as if included in this title, except that the
17 . Secretary may correct errors in the map and legal
18 descriptions.
19 4'(3.) PUBLIC AVAILABILITY.—Each map and
20. legal description filed under paragraph (1) shall be
21' filed and made available for public inspection in the
22 appropriate offices of the Bureau. of Land Manage
23-: ment.
24 <<
(d) USE OF THE LAND. -
25. "(1) RECREATIONAL' ACTIVITIES.
•S 1381S
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7
8
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10
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12
13
14
15
16
17
18
19
20
21
22
23
24
83
"(A) IN GENERAL.—The Secretary shall
continue to authorize, maintain, and enhance
the recreational uses of the off-highway vehicle
recreation areas designated by subsection (a.),
including off-highway recreation, hiking, camp-
ing, hunting; mountain biking, sightseeing,
rockhounding, and horseback riding, as long as
the recreational use is consistent with this see -
tion and any other applicable law.
"(B) OFF-HIGHWAY VEHICLE AND OFF-
HIGHVATAY RECREATION.—To the extent con-
sistent with applicable Federal law (including
regulations) and this section, any authorized
recreation activities and use designations in ef-
fect on the date of enactment of this title and
applicable to the off-highway vehicle recreation
areas designated by subsection (a) shall con-
tinue, including casual off-highway vehicular
use, racing, competitive events, rock crawling,
training, and other forms of off-highway recre-
ation.
"(2) WILDLIFE GUZZLERS. Wildlife guzzlers
shall be allowed in the off-highway vehicle recreation
areas designated by subsection (a).in accordance
•S 138 IS
84
1 with applicable Bureau of Land Management guide -
2 ` lines.
3 "(3) PROHIBITED USES.—Residential and com-
4 mercial development (including development of min -
5 ing and energy facilities, but excluding transmission
6 line rights-of-way and related telecommunication fa -
7 cilities) shall be prohibited in the off-highway vehicle
8 recreation areas designated by subsection (a) if the
9 Secretary determines that the development is incom-
10 patible with the purpose .described in subsection (b).
11 "(e) ADMINISTRATION.-
12.
DMINISTRATION.-12. "(1) IN GENERAL.—The . Secretary shall admin-.
13 ister -the off-highway vehicle recreation areas des=
14 ignated by subsection (a) in accordance with -
15 "(A) this title;
16 "(B) .the Federal Land .Policy and Man -
17 agement Act of 1976J43 U.S.C. 1.701 et seq.);
18, and
19 ,"(C) any other applicable laws (including
20 regulations); .
21 44(2) MANAGEMENT PLAN.—
22.; "(A) IN .GENERAL.—As.soon as prac
ticable, but not later than 3 years after the date
24... of .enactment: of- this title, the Secretary shall
•S 138 IS
85
1 "(i) amend existing resource manage -
2 ment plans applicable to the land des -
3 ignated as off-highway vehicle recreation
4 areas under subsection (a); or
5 "(ii) develop new management plans
6 for each off-highway vehicle recreation
7 area designated under that subsection.
8 "(B) REQUIREMENTS. All new or amend -
9 ed plans under subparagraph (A) shall be de -
10 signed to preserve and enhance safe off-highway
11 vehicle and other recreational opportunities
12 within the applicable recreation area consistent
13 with -
14 "(i) the purpose described in sub -
15 section (b); and
16 "(ii) any applicable laws (including
17 regulations).
18 "(C) INTERIM PLAINTS.—Pending comple-
19 tion of a new management plan under subpara-
20 graph (A), the e:6sting resource' management
21 plans shall govern the use of the applicable off=
22 highway vehicle recreation area.
23 "(f) STUDY. -
24 "(1) IN GENERAL.—As soon as practicable, but
25 not later than 2 years, after the date of enactment
•S 138 IS
86
1 of this title, the Secretary shall complete a study to
2 identify Bureau of Land Management land adjacent
3 to the off-highway vehicle recreation areas des -
.4 ignated by. subsection (a) that is suitable for addi-
5 tion to the off-highway vehicle recreation areas.
6 "(2). REQUIREMENTS.—In preparing the study
7 under paragraph (1), the Secretary shall -
8 "(A) seek input .from stakeholders, includ-
9 ing=
10 "(i) the State;.
11 "(ii) San Bernardino County, Cali-,
12 fornia;
13 "(iii) the public;
14 "(iv) recreational user groups; and
15 "(V) conservation organizations;
16 "(B) explore the feasibility of expanding
17 the southern boundary of the off-highway vehi-
18.. cle recreation area described in subsection
19 (a) (4) to .include previously disturbed land;
20 "(C) identify and exclude from consider-
ation any land that
22 "(i) is .managed for conservation pur-
23 poses;
24. `:` (ii) may be suitable for renewable en' -.-
25 ergy development; or:. ..
•S 138 IS
87
1 "(iii) may be necessary for energy
2 transmission; and
3 "(D) not recommend or approve expansion
4 areas that collectively would exceed the total
5 acres administratively designated for off -high -
6 way recreation within the Conservation Area as
7 of the date of enactment of this title.
8 "(3) APPLICABLE LA"T.—The Secretary shall
9 consider the information and recommendations of
10 the study completed under paragraph (1) to deter -
11 mine the impacts of expanding off-highway vehicle
12 recreation areas designated by subsection (a) on the
13 Conservation Area, in accordance with -
14 "(A) the National Environmental Policy
15 Act of 1969 (42 U.S.C. 4321 et seq.);
16 "(B)' the Endangered Species Act of 1973
17 (16 U.S.C. 1531 et seq.); and
18 "(C) any other applicable law.
19 "(4) SUBMISSION TO CONGRESS.—On comple-
20 tion of the study under paragraph (1), the Secretary
21 shall submit the study to -
22 "(A) the Committee on Natural Resources
23 of the House of Representatives; and
24 "(B) the Committee .on Energy and Nat- _..
25 ural Resources of the Senate.
•S 1381S
1 "(5) AUTHORIZATION FOR EXPANSION. -
2 "(A) IN GENERAL., On 'completion of the
3 study under paragraph (1) and- in accordance
4 with all applicable laws ` (including regulations),
5 the Secretary shall authorize the expansion of
6 the off-highway vehicle _ recreation areas rec-
7 ommended under the 'study.
8 "(B) MANAGEMENT. Any land within the
9 expanded areas under subparagraph (A) shall
10 be managed in accordance with this section.
11 "TITLE XIX -MISCELLANEOUS
12 "SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES.
13 "(a) TRANSFER OF LAND TO ANZA-BORREGO
14 DESERT STATE PARK. -
15 "(1) IN GENERAL.—On termination of all min -
16 ing claims to the land described in paragraph (2),
17 the Secretary shall transfer the land described in
18 that paragraph to the State.
19 (2). DESCRIPTION OF . LAND.—The land re -
20, ferred to in paragraph (1) is certain Bureau of Land
21 Management land in. Safi, Diego County, California,
22., comprising approximately 934 acres, as generally dei -
23 picted on the 2 maps entitled `Anza-Borrego Desert
is 24 State Park . Additions -Table Mountain Wilderness
25 Study Area' and .dated July 15, 2009.
oS 138 IS
89
1 "(3) MANTAGEMENT.-
2 "(A) IIv GENERAL.—The land transferred
3 under paragraph (1) shall be managed in ac -
4 cordance. with the provisions of the California
5 Wilderness Act (California Public Resources
6 Code sections 5093.30-5093.40).
7 "(B) WITHDRAWAL.—Subject to valid ex -
8 isting rights, the land transferred under para -
9 graph (1) is withdrawn from -
10 "(i) all forms of entry, appropriation,
11 or disposal under the public land laws;
12 "(ii) location, entry, and patent under
13 the mining laws; and
14 "(iii) disposition under all laws relat-
15 ing to mineral and geothermal leasing.
16 "(C) REVERSION.—If the State ceases to
17 manage the land transferred under paragraph
18 (1) as part of the State Park System or in a
19 manner inconsistent i6th the California Wilder -
20 ness Act (California Public Resources Code sec -
21 tions 5093.30-5093.40), the land shall revert to
22 the Secretary, to be managed as a Wilderness
23 Study Area.
- "(b) LAND EXCHANGES. -
•S 138 IS
1 "(1) IN GENERAL.—The Secretary shall, in con-
2 sultation and cooperation -arith the California State
3. Lands Commission (referred to in this section as the
4 `Commission'), develop, a process to exchange iso-
5 fated parcels of State land within the Conservation
6 Area for Federal land located in the Conservation
7 Area or other Federal land in the State that-
8 "(A) is consistent with the plans ' described
9 in paragraph (2); and
10 "(B) ensures that the conservation goals
11 and objectives identified in those plans are not
12 adversely impacted.
13 "(2) DESCRIPTION OF PLANS.—The plans re-
14 ferred to in paragraph (1) are-
15 "(A) the California Desert Renewable En-
16 ergy Conservation Plan;
17 "(B) the California Desert Conservation
1.8 Area Plan;
19 "(C) the Northern and Eastern Colorado
20 Desert!. Plan; and
21. "(D) any other applicable plans.
22 - "(3) REQUIREMENTS.—The process developed
23 under paragraph (1) shall—
•S 138 IS
1
2
3
4'
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
•S 138 IS
91
"(A) apply to all State land within the
Conservation Area that is under the jurisdiction
of the Commission;
"(B) prioritize the elimination of State
land from units of the National Park System,
national monuments; and wilderness areas;
"(C) provide the Commission with consoli-
dated land holdings sufficient to make the land
viable for commercial or recreation uses, includ-
ing renewable energy development, off-highway
vehicle recreation, or State infrastructure or re-
source needs;
"(D) establish methods to ensure that—
"(i) not later than 1 year after the
date of enactment of this title, the Sec-
retary and the Commission complete an in-
ventory of Federal land and State land in
the Conservation Area under the jurisdic-
tion of the Secretary and the Commission,
respectively, and any other Federal land .
and property outside the Conservation
Area that is determined to be suitable for
exchange consistent with paragraph (1);
"(ii) there is a public comment period
of not less than 90 days with respect to—
41A
1
"(I) the inventory of land under
2
clause (i); and
. 3
"(II) any proposed land exchange
4
under this section that involves more
5
than 5,000 acres of Federal land;
6
"(iii) in preparing the inventory of
7
Federal land suitable for exchange under
8.
clause. (i), the Secretary shall use best of --
9
forts to give priority to -
10
"(I) land that has the potential
. 11
for commercial development, including
12
renewable energy .development, such
13
as wind and solar energy development;
14
"(II) the land described in see -
15
tion -707(b)(2);
16
"(III) land located outside the
17
boundaries of .the Conservation Area
18.
(including closed military base land
19..
and land identified as surplus by the
20-
Administrator of the General Services
21
Administration) to avoid, to the max -
22
imum extent feasible, conflicts with
23
conservation of desert land;
•S 13$ IS
93
1 "(iv) the inventory udder clause (i) is
2 updated annually by the Secretary and re -
3 submitted to the Commission; and
4 "(v) the land exchanges are completed
5 by the date that is 10 years after the date
6 of enactment of this title; and
7 "(E) provide for the submission of annual
8 reports to Congress that -
9 "(i) describe any progress or impedi-
10 ments to accomplishing the goal described
11 in subparagraph (D)(v); and
12 "(ii) any recommendations for legisla-
13 tion to accomplish the goal.
14 "(4) VALUATION.—NotNAithstanding paragraphs
15 (2) . through (5) of subsection (d) of section 206 of
16 the Federal Land Policy and Management Act ' of
17 1976 (43 U.S.C. 1716(d)), if, within 180 days after
18 the submission of an appraisal under subsection
19 (d)(1) of that section, the Secretary and the Com -
20 mission cannot agree to accept the findings of the
21 appraisal -
22 "(A) the Secretary and the Conunission
23 shall . mutually agree to employ a process of bar -
24 gaining or. some other process to determine the--.....
25 values of the land involved in the exchange;
•S 138 IS
1 "(B) the appraisal shall be submitted to an
2 arbiter. appointed ..by the Secretary from a list
3 of arbitrators submitted to the Secretary by the
4.. American. -Arbitration Association for arbitra-
5 , tion;
6 (C) although the decision of the arbiter
7 under subparagraph (B) shall be nonbinding,
8 the decision may be. used by the Secretary and
9 the Commission as a valid appraisal for -
10 "(i) a period of 2 years; and
11 "(ii): on mutual agreement of the See-
12- retary and the Commission, an additional
13 2 -year period; or
14 "(D) on mutual agreement of the Sec -
15 retary and the Commission, the valuation proc-
16 ess shall be suspended or modified.
17.- "(5) TREATMENT OF LAND USE RESTRICTIONS
18.. AND. PENDING APPLICATIONS.—For the purposes .of
1.9 this title.—
20 ``(A), the Secretary shall not', exclude par
21- cels from exchanges because the parcels are
22; subject to designations or pending land use ap=
23... plications; including applications for the devel=
24:... opment ;of renewab1e,,energy;-
•S 138 IS'
95 _
1 "(B) all Federal land and State land pro -
2 posed for exchange or sale shall be valued -
3 "(i) according to fair market value;
4 "(ii) in accordance with section
5 206(d) of the Federal Land Policy and
6 Management Act of 1976 (43 U.S.C.
7 1716(d)); and
8 "(iii)-Mthout regard to -
9 "(I) pending land use applica-
10 tions;
11 "(II) renewable energy designa-
12 tions; or
13 "(III) any land use restrictions
14 on adjacent land.
15 "(6) COOPERATION AGREEMENTS.—The Sec -
16 retary may -
17 "(A) enter into such joint agreements with
18 the General Services Administration and the
19 Commission as the Secretary determines to be
20 necessary to facilitate land exchanges, including
21 agreements that establish accounting mecha-
22 nisms-
23 "(i) to be used for tracking the dif-
24 ferential in dollar value of land conveyed in
25 a series of transactions; and
•S 138 IS
tii
1 "(ii) that, notwithstanding part 2200
2 .of title 43, Code of Federal Regulations (or
3.. successor regulations), may carry out.-
4.......
ut-
4 standing. cumulative credit balances . until
5 the completion of the land exchange. proc-
6 . ess developed under paragraph (1); and
7 "(B) to the extent that the agreement does
8 not conflict with this section, continue using the
9 agreement entitled `Memorandum of Agreement
10 Between California State Lands Commission,
11 General Services Administration; and the De-.
12 partment of the Interior. Regarding: Implemen-
1.3 tation of the California Desert Protection Act',
14 which became effective on November 7, 1995.
15. "(7) EXISTING LAw.=Except as otherwise pro-.
16 vided in this section, nothing in this sectionsuper-
171 Bede or limits section 707.
18 ".(8) STATE LAND LEASES.-
1.9 "(A) IN GENERAL. -The Secretary shall
20 manage any State land described in subpara-
graph .(B) in accordance with the terms and
22 conditions of the applicable State lease agree-
23 meat for the duration of the lease, subject to
24 _applicable1aws (including_ regulations).
•S 138 IS
I
1 "(B) DESCRIPTION OF STATE LAND.—The
2 State land referred to in subparagraph (A) is
3 any State land vcithin the Conservation Area*
4 that is subject to a lease or permit on the date
5 of enactment of this title that is transferred to
6 the Federal Government.
7 "(C) EXPIRATION OF LEASE. 'On the ex -
8 piration of a State lease referred to in subpara-
9 graph (A), the Secretary shall provide lessees
10 mith the opportunity to seek Federal permits to
11 continue the existing use of the State land with -
12 out further action otherMse required under the
13 National Environmental Policy Act of 1969 (42
14 U.S.C. 4321 et seq.).
15 "(D) APPLICABLE. LAW.—Except as other -
16 wise provided in this section, any State land
17 transferred to the United States under this sec -
18 tion shall be managed in accordance with all
19 laws (including regulations) and rules applicable
20 to the public lana adjacent to the transferred
2.1 State land.
22 "(c) TNNTENTYNINE PALMS MARINE CORPS BASE. -
23 "(1) IN GENERAL.—The Secretary and the See -
24 rotary of Defense, ,in consultation and in cooperation
25 with the California State Lands Commission, shall
•S 138 IS
1
98
1
develop a process to purchase or exchange parcels of
.2
State land -" ithin the area of expansion and land use
3
restrictions planned. for the Twentynine Patens Ma-
4
rine Corps :Base.
5
"(2) REQUIREMENTS.—The process developed
6
under paragraph (1) for exchanged parcels of State
7
land shall provide the California State Lands Com -
8
mission with consolidated land holdings sufficient to
9
make the land viable for commercial or recreational
10
uses, including renewable energy development, off -
11
highway vehicle recreation, or State infrastructure.
12
or resource needs.
13
"(3) APPLICABLE LAw. _ An exchange of land
14
under this subsection shall be subject to the require -
1.5
ments of subsection (b).
16
"(d) HOLTVILLE AIRPORT, IMPERIAL COUNTY. -
17
"(1) IN GENERAL.—On the submission of an
18
application by Imperial : County, California, the Sec-.
19
retary of Transportation shall, in accordance with
20 .
section 47125 of title 49, United States Code, and
21
section 2641.1 of title 43, Code of Federal Regula -
22
tions (or successor regulations) seek a conveyance
23 .
from the Secretary of approximately 3,500 acres of.
24 ,
Bureau_ of . Land Manageinent land adjacent to the
•S 138 IS
RM
1 Imperial County Holtville Airport (L04) for the pur-
2 poses of airport expansion.
3 "(2) SEGREGATION.—The Secretary (acting
4 through the Director of the Bureau of Land Man -
5 agement) shall, with respect to the land to be con -
6 veyed under paragraph (1)-
7 "(A) segregate the land; and
8 "(B) prohibit the appropriation of the land
9 until -
10 "(i) the date on which a notice of re -
11 alty action ternunates the application; or
12 "(ii) the date on which a document of
13 conveyance is published.
14 `(e) NEEDLES SOLAR RESERVE, SAN BERNARDINO
15 COUNTY. -
16 "(1) IN GENERAL.—The Secretary shall grant
17 to the Commission a right of first refusal to ex -
18 change the State land described in paragraph (2) for
19 Bureau of Land Management land identified for dis-
20 posal.
21 "(2) SECONDARY RIGHT OF REFUSAL.—If the
22 Commission declines to exchange State land for Bu -
23 reau of Land Management land identified for dis-
24 posal . within the city limits of Needles,. California
•S 138 IS
100
1. the City of Needles shall have a secondary .right of
.2 refusal to acquire. the land.
3 "SEC. 1902. MILITARY ACTIVITIES.
4 ` "Nothing in this Act— . -
5 (1) restricts or precludes Department of De -
6 fense motorized access by land or air -
7 "(A) to , respond to an emergency within a
8 wilderness area :designated by this Act; or
9 "(B) to control access to the emergency
10 site;
11 44(2) prevents nonmechanized military training
12 activities previously conducted on wilderness areas
13 designated by this title that are consistent -with-
14 "(A) the Wilderness Act (16 U.S.C. 1131
15 et seq. ); and
16 "(B) all applicable laws (including regula
17. tions);
18 ``(3) restricts or precludes low-level overflights
19 . of military aircraft: over the areas designated as wil-
20 derness, Rational monuments, special management
21; areas, or: recreation areas by this Act, including mili-
22 :; tart' overflights that can be seen or heard within the
23 designated areas;..:.
•S 138 IS
N
101
1 "(4) restricts or precludes flight testing and
2 evaluation in the areas described in paragraph (3);
3 or
4. "(5) restricts or precludes the designation or
5 creation of new units of special use airspace, or the
6 establishment of military flight training routes, over-'
7 the areas described in paragraph (3).
8 "SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS.
9 "(a) IN GENERAL.—The Secretary shall -
10 "(1) assess the impacts of climate change on
11 the Conservation Area; and
12 "(2) establish policies and procedures to ensure
13 the preservation of-"rildlife corridors and facilitate
14 species migration likely to occur due to climate
15 change.
16 "(b) STUDY. -
17 "(1) IN GENERAL. As soon as practicable, but
18 not later than 2 years, after the date of enactment
19 of this title, the Secretary shall complete a study re -
20 garding the impact of global climate change on the
21 Conservation Area.
22 "(2) COMPONENTS.—The study under para -
23 graph (1) shall -
241. "(A) .identify the species migrating, or like-.
25 ly to migrate, due to climate change;
•S 138 IS
102
1 "(B) examine the impacts and potential
2 impacts of climate change on .
3 "(i) plants, insects, and animals;
4 "(ii) soil;.:
5 "(iii) air quality;
6 "(iv) water quality and quantity; and
7 "(v) species migration and survival;
8 "(C) identify critical wildlife and species
9 migration corridors recommended for preserva-
10 tion; and .
11 "(D) include recommendations for, ensur-
12 ing the biological connectivity of public land
13 managed by the Secretary and the Secretary of
14 Defense throughout the Conservation Area.
15 "(3) RIGHTS-of-WAY.—The Secretary shall
16 consider the information and recommendations of
17 the study under paragraph (1) to determine the in -
IS dividual and cumulative impacts of rights-of-way for
19. projects in. the Conservation Area, in. accordance
20 with -
21 "(A) the National Environmental Policy
22 Act of 1969 (42 U.S.C. 4321 et seq.);
23 "(B) the Endangered Species Act of 1973
24 _ .(16 U, S.C. 153.1 et_ seq..),_and ---
25 "(C) any other applicable law.
•S 138 IS
103
LAND MANAGEMENT PLANS.—The Secretary
2 shall incorporate into all land management. plans applica-
3 ble to the Conservation Area the findings and rec-
4 omniendations of the study completed under subsection
5 (b).
6 "SEC. 1904. PROHIBITED USES OF DONATED AND AC -
7 QUIRED LAND.
8 "(a) DEFINITIONS.—In this section:
9 "(1) ACQUIRED LAND.—The term `acquired
10 land' means any land acquired for the Conservation
11 Area using amounts from the Land and Water Con -
12 servation Fund established under section 2 of the
13 Land and Water Conservation Fund Act of 1965
14 (16 U.S.C. .4601=5).
15 "(2) DONATED LAND.—The term `donated
16 land' means any private land donated to the United
17 States for conservation purposes in the Conservation
18 Area.
19 (3) DONOR.—The term `donor' means an, indi-
20 vidual or entity that donates private land within the
21 Conservation Area to the United. States.
22 "(4) SECRETARY.—The term `Secretary' means
23 the Secretary of the Interior, acting through the Di -
24 rector of the. Bureau of. Land Management.
104
1 "(b) PROHIBITIONS.=Except as provided in sub -
2 section (c), there . shall be prohibited with respect to do -
3 nated land or acquired. land=
:4 ".(1) disposal;. or
5. "(2) any land use authorization that would re-
sult. in. appreciable damage or. disturbance .to the ..
7 public lands, including---
(A).
ncluding=(A). rights-of-way;.
9
".(B) leases;
10 "(Q. livestock grazing;
11 .. "(D) infrastructure development;
12 "(E) mineral entry;
13 "(F) off-highway vehicle use, except on=
14 "(i) designated routes; .
15 "(ii) off-highway vehicle areas des-.
16. ignated by law; and
17 "(iii). administratively designated open
18 areas; and
19 "(G) any other activities that would create
20 impacts .contrary to the conservation purposes.
21 for which -the land was donated or acquired.
22;.: "(c) EXCEPTIONS:—
23.. -". `.`.(1) :AUTHORIZATION BY SECRETARY.'—Subject
24 to. pAragraph. the,.Secretary. may authorize lim_
•S 138 IS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24.
25
105
ited exceptions to prohibited uses of donated land or
acquired land in the Conservation Area if—
"(A) an applicant has submitted a right-of-
way use application to the Bureau of Land
Management proposing renewable energy devel-
opment on the donated land or acquired land on
or before December 1, 2009; or
"(B) after the completion of an analysis
under the National Environmental Policy Act of
1969 (42. U.S.C. 4321 et seq.), including full
public participation in the analysis, the Sec-
retary has determined that—
"(i) the use of the donated land or ac-
quired land is in the public interest;
(ii) .the impacts of the use are fully
and appropriately mitigated; and
"(iii) the land was donated or ac-
quired on or before December 1, 2009.
"(2) CONDITIONS.-
"(A) IN GENERAL.=If the Secretary
grants an exception to the prohibition under .
paragraph (1), the Secretary shall require the
permittee to acquire and donate comparable
private land to the _United States to mitigate
the use.
•S 138 IS
•S 138 IS
106
1
"(B) APPROVAL.—The private land to be
2
donated under subparagraph (A) shall be ap-
3
proved by the.. Secretary after consultation, to
:4
the maximum extent practicable, with the donor
5
of the. private land proposed for non-conserva-
6
tion uses.
7
"(d) EXISTING AGREEMENTS.—Nothing in this see-
8
tion, affects permitted or prohibited uses of donated land
9
or acquired land in the Conservation Area established in
10
any easements, deed restrictions, memoranda of under-
11
standing, . or other agreements in existence on the date of
12
enactment of this title.. .
13
"(e) DEED RESTRICTIONS.—The Secretary may ac-
14
sept deed restrictions requested by donors for land do-
15 .
nated to .the United States within the Conservation Area
16
after the date of enactment of this title.
17
,SEC. 1905. TRIBAL USES AND INTERESTS.
18
.11(a) ACCESS. =The .Secretaryshall ensure access to
19
areas designated under this Act by members of Indian
20.
tribes for. traditional cultural and religious purposes, con-
21 ,.-.sistent:with
applicable law, including Public Law 95-341
. 22
(commonly _known as the ."American Indian Religious
. 23 .
Freedom Act") (42 U.S.C. 1996).
24
:. : "(b) TEMPORARY ;CLOSURE.—
•S 138 IS
107
1 "(1) IN GENERAL.—In . accordance with applica-
2 ble law, including Public Law. 95-341 (commonly
3 known as the "American Indian Religious Freedom
4 Act") . (42 U.S.C. 1996), and subject to paragraph
5 (2), the Secretary, on request of an Indian tribe or
6 Indian religious community, shall temporarily close
7 to general public use any portion of an area des
-
8 ignated as a national monument, special manage -
9 went area, wild and scenic river, or National Park
10 System unit under this Act (referred to in this sub -
11 section as a `designated area') to protect the privacy
12 of traditional cultural and religious activities in the
13 designated area by members of the Indian tribe or
14 Indian religious community.
15 "(2) LrmiTATION.—In closing a portion of 'a
16 designated area under paragraph (1), the Secretary
17 shall limit the closure to the smallest practicable
18 area for the minimum period necessary for the tradi-
19 tional cultural and religious activities.
20 "(c) TRIBAL CULTURAL RESOURCES MANAGEMENT
21 PLAN. -
22 "(1) IN GENERAL.—Not later than 2 years
23 after the. date of enactment of this title, the See -
24 retary of the Interior shall develop_ and implement a
25 tribal cultural resources management plan to iden-
•S 138 IS
108
1 tify; protect, and conserve cultural resources of In-.
2 dian tribes associated Frith the Xam Kwatchan Trail
3 network .extending from Avikwaame ( Spirit ' Moun-
:.4 tain, Nevada) to Avikwlal (Pilot Knob, California).
5 "(2) CONSULTATION.—The Secretary shall con-
6 sult on the development and implementation of the
7 tribal cultural resources management plan under
8 paragraph (1) with-
9 "(A) each of-
10 "(i). the Chemehuevi Indian Tribe;
11 "(ii) the Hualapai Tribal Nation;
12 "(iii) the Fort Mojave Indian Tribe;
13 "(iv) the Colorado River Indian
14 Tribes;
15 "(v) the Quechan Indian Tribe; and
16. "(vi) the. Cocopah Indian Tribe;. and
17 "(B) the Advisory Council on Historic
18. Preservation.
19 "(3) RESOURCE PROTECTION.—The tribal cul-
20 tural resources management plan developed under
21 paragraph (1) . shall be-
22.. ".(A) based on a completed tribal cultural
23 resources survey; and
24 "(B) : include;._ proceduresfor . identifying,
25 protecting, and preserving petroglyphs, ancient
•S 138 IS
109
1 trails, intaglios, sleeping circles, artifacts, and
2 other resources of cultural, archaeological, or
3 historical significance in accordance with all ap-
4 plicable laws and policies, including
—
5 "(i) the National Historic Preserva-
6 tion Act (16 U.S.C: 470 et seq.);
7 "(ii) Public Law 95-341 (commonly
8 known as the `American Indian Religious
9 Freedom Act')(42 U.S.C. 1996);
10 "(iii) the Archaeological Resources
11 Protection Act of 1979 (16 U.S.C. 470aa
12 et seq.);
13 "(iv) the Native American Graves
14 Protection and Repatriation Act (25
15 U.S.C. 3001 et seq.); and
16 "(v) Public Law. 103-141 (commonly
17 known as the `Religious Freedom Restora-
18 tion Act of 1993')(42 U.S.C. 2000bb et
19 seq.) .
20 : "(d) WITHDRAWAL. -Subject to valid existing rights,
21 all Federal land within the area administratively with -
22 drawn and known as the `Indian Pass Withdrawal Area'
23 is permanently withdrawn from—
".(1)
rom—
"(1) all1. forms of entry, appropriation, or dis-
25 . posal under the public laves;
as 138 IS
110
1 "(2) location, entry, and patent under the nlin-
2 ing laws; and
3. "(3) right-of-way leasing and disposition under
4 all laves relating to mineral, solar, '"rind, and geo-
5 thermal energy.
6 (b) CONFORMING AMENDMENTS. -
7 (1) SHORT TITLE.—Section 1 of the California
.8 Desert Protection Act of 1994 (16 U.S.C. 410aaa
9 note) is amended by striking "1 and 2, and titles I
10 through IX" and inserting "1, 2, and 3, titles I
11. through IX, and titles XIII through XIX'.
12 (2) DEFINITIONS.—The California Desert Pro -
13 tection Act of 1994 (Public Law 103-433; 108 Stat.
14 4481) is amended by inserting after section 2 the
15 following:
16 "SEC. 3. DEFINITIONS.
17 "In titles XIII through XIX:
18 ``(1) . CONSERVATION AREA.—The tern? `Con -
19 servation Area' means the California Desert Con -
20 servation Area.
21 ."(2) SECRETARY.—The term. `Secretary'
22- means.=
23 ``(A) with. respect to land under .the juris-
d diction of the Secretary of the Interior, the Sec-_
25 retary of the Interior; and
•S 1381S
1 "(B) with respect to land under the juris-
2. diction of the Secretary of Agriculture, the See -
3 retary of Agriculture.
4 "(3)_ STATE.=The term `State' means the State
5 of California.".
6 (3) ADMINISTRATION OF WILDERNESS
7 AREAS.—Section 103 of the California Desert Pro -
8 tection Act of 1994 (Public Law 103-433; 108 Stat.
9 4481) is amended -
10 (A) by striking subsection (d) and insert -
11 ing the following:
12 "(d), NO BUFFER ZONES. -
13 94
(1) IN GENERAL.—Congress does not intend
14 for the designation of wilderness areas by this Act -
15 ".(A) to require the additional regulation of
16 land adjacent to the wilderness areas; or
17 "(B) to lead to the creation of protective
18 perimeters or buffer zones around the -wilder-
19 ness areas.
20 "(2) NONWILDERINTESS ACTIVITIES. Anynon-
21 wilderness activities (including renewable. energy
22 projects, mining, camping, hunting, and military ac -
23 tivities) in areas immediately adjacent to the bound
24 ary of a wilderness area designated by this Act shall
25' not- be restricted or precluded by this Act, regardless
•S 138 IS
112
1 of any actual or perceived negative impacts of the
2 non-MIderness activities on the wilderness area, in -
3 eluding any potential indirect impacts , of non -wilder -
4 ness activities conducted outside the designated wil-
5 derness area on the vievcTshed, ambient noise level, or
6 air quality of wilderness area.";
7 (B) in subsection (f), by striking "des-.'
8 . ignated by this title and" inserting ", potential
9 wilderness areas, special management areas,
10 and national monuments designated by this title
.11 or titles XIII through"; and
12. (C) in subsection (g), by inserting ", a po-
13 tential wilderness area, a special management
14 areas, or national monument" before "by this -
15 Act".
16 :(4) MOJAVE, NATIONAL PRESERVE:—Title V of
17 ..the California Desert Protection Act of 1994 (16
18 . U.S.C. 410aaa-41 et seq.) is amended by adding at
19 the end the following:
20., "SEC. 520. NATIVE GROUNDWATER SUPPLIES.
21.: ".The Director of the Bureau of Land Management
21 shall not access . or process any application for a right -of -
23 may for development projects that propose to. use native
24 oundwater from a uifers ad acent to the Mo ave Na -
.25 tional Preserve that individually or collectively, in com-
:S 138 IS
113
1 bination with proposed or anticipated projects on private
2 land, require the use of native groundwater in excess of
3 the estimated recharge rate as determined by the United
4 States Geological Survey.".
5 (5) AMENDIAENTS TO THE CALIFORNIA MILI-
6 TARY LANDS WITHDRAWAL AND OVERFLIGHTS ACT
7 OF 1994.-
8 (A) FINDINGS.—Section 801(b)(2) of the
9 California Military Lands Withdrawal and
10 Overflights Act of 1994 (16 U.S.C. 410aaa-82
11 note) is amended by inserting ", national monu-
12 ments, special management areas, potential wil
13 derness areas," before "and wilderness areas".
14 (B) OVERFLIGHTS; SPECIAL AIRSPACE. -
15 Section 802 of the California Military Lands
16 Withdrawal and Overflights Act of 1994 (16
17 U.S.C. 410aaa-82) is amended -
18 (i) in subsection (a), by inserting
.19 national monuments, or special manage -
20 ment areas" before "designated by this
21 Act
22 (ii) in subsection (b); by inserting
23 national monuments, or special manage -
24: _. ment areas" before "designated by this
25 Act"; and
•S 138 IS
114
1.
(iii) by adding at the end the fol -
2
lowing:
3.-
"(d) . DEPARTMENT OF DEFENSE FACILITIES.-
4
Nothing in this Act alters. any. authority .of the Secretary
5
of Defense to conduct military .operations at installations
6
and. ranges -within the California Desert Conservation
7
Area that are authorized under any ' other provision of
8.
law....
9
SEC. 3.. DESIGNATION 'OF WILD AND SCENIC RIVERS.
10
Section 3(a) of the Wild and Scenic :Rivers Act (16
11
U.S.C. 1274(x)) is amended=.
12
(1). in paragraph (19 6 ), by . striking subp ara-
U
graph (A) and inserting the following:
14
"(A) (i) The approximately 1.4 -mile seg -
15
Ment of the :. Amargosa River in the State of
16
California, .from the. private property boundary
17
in see. 191 T. 22 N., R. 7 E., to 100 feet down -
18
stream of Highway 178, to be administered by
19
the Secretary. -,of the Interior as, a scenic, river
20_1
as. an addition to the Amargosa Wild and See -
21.
nic River on publication by the Secretary of the.
22
. > ; ; ; .. -Interior of a notice . in .the Federal Register that .
23
sufficient, inholdings within: the boundaries of
r` 24the,
segment have been acquired as scenic ease -
25
ments or in fee title to establish a manageable
as 138 IS
115
1
addition to the Amargosa Wild and Scenic
2
River.
3
"(ii) The approximately 6.1 -mile segment
4
of the Amargosa River in the State of Cal -
5
forma, from 100 feet. downstream of the State
6
Highway 178 crossing to 100 feet upstream of
7
the Tecopa Hot Springs Road crossing, to be
8
administered by the Secretary of the Interior as
9
a scenic river."; and
10
(2) by adding at the end the following:
11
"(20S) SURPRISE CANYON CREEK, CALI-
12
FORNIA.— .
13
"(A) IN GENERAL.—The following seg -
14
meats of Surprise Canyon Creek in the State of
15
California, to be administered by the Secretary
16
of the Interior:
17
"(i) The approximately 5.3 miles of
18
Surprise Canyon Creek from the con. -
19
fluence of Frenchman's Canyon and Water
20
Canyon to 100 -feet upstream of Chris
21
Wicht Camp, as a wild river.
22
"(ii) The approximately 1.8 miles of
23
Surprise Canyon Creek from 100 feet up-
stream of Chris. Wicht Camp to the south -
•S 138 IS
116
1
ern boundary of sec. 14, T. 21 N., R. 44
2
E., as a recreational river.
3
"(B) EFFECT. ON HISTORIC MINING STRUC-
4 .
:TURES.—Nothing in. this .paragraph affects the
5
historic mining .structures. associated with the
6
former Panamint Mining District.
7
`.`(209) DEEP CREEK, :CALIFORNIA. -
"(A) IN GENERAL.—The. following seg -
9
ments of Deep Creek in the State of California,
10
to be administered by the Secretary of Agri-
culture:
.12
"(i) The approximately . 6.5 -mile seg -
13
ment from 0.125 mile downstream of the
1.4
Rainbow Dam, site in sec. 33, T. 2 N.., R.
15.
2 W., to 0.25 -miles upstream of the Road
16.
3N34 crossing, as a wild river.
17
."(ii) The 0.5 -mile segment from 0.25
18
mile upstream of the .Road 3N34 crossing
19:
to. 0.25 mile. .downstream of the Road
20
..3N34 crossing, as a scenic river.
21 "
"(iii) The 2.5 -mile segment from 0.25
22 .-::,;
miles downstream of the Road 3 N. 34
23
.crossing: to 0.25 iniles . upstrean'i of the
24.
Trail 2W01crossing, as a wild river.
•S 138 IS
•S 138 IS
117
1
"(iv) The 0.5 -mile segment from 0.25
2
miles upstream of the Trail 2W01 crossing
3
to 0.25 mile downstream of the Trail
.4
2W01 crossing, as a scenic river.
5
"(v) The 10 -mile segment from 0.25
6
miles downstream of the Trail 2W01 cross -
7
ing to ' the upper limit of the Mojave dam
8
flood zone in sec. 17, T. 3 N., R. 3 W., as
9
a wild river.
10
"(vi) The 11 -mile segment of Hol -
11
comb Creek from 100 yards downstream of
12
the Road 3N12 crossing to .25 miles down -
13
stream of Holcomb Crossing, as a rec-
14
reational river.
15
"(vii) The 3.5 -mile segment of the
16
Holcomb Creek from . 0.25 miles down -
17
stream of Holcomb Crossing to the Deep
18
Creek confluence, as a wild river.
19
"(B) EFFECT ON SI9 OPERATIONS.—Noth-
20
ing in this paragraph affects -
21
"(i) the operations of the Snow Valley
22
Ski Resort; or
23
"(ii) the State regulation of water
24.
rights and water quality associated with
•S 138 IS
118
1 the operation of the Snow Valley Ski Re -
2 . sort.
3 "(210) WHITEIATATER RIVER, CALIFORNIA. -
4 The following segments of the Whitewater River in
5 the State of California, to be administered by the
6 Secretary of Agriculture and the Secretary of the In -
7 terior, acting jointly:
8 "(A) The 5..8 -mile segment of the North
9 Fork Whitewater River from the source of the
10 River near Mt. San Gorgonio to the confluence
11 with the Middle Fork, as a wild river.
12 "(B) The 6.4 -mile segment of the Middle
13 Fork Whitewater River from the source of the
14 River to the confluence with the South Fork, as
.15. a -"41d river.
16 "(C) The .1 -mile segment of the South
17 Fork Whitewater River from the confluence of
18 the River with. the East Fork to the section line
19 between sections 32 and 33, T. 1 S., R. 2 E.;
20 as a wild river..
21 "(D) The 1 -mile segment of the South
22 Fork Whitewater River from the section line be- .
23 tween- sections 32 and 337 T. 1 S., R. 2 E., to
24 the section line .between sections 33 and 34, T.
25 1 S., R. 2 E., as a recreational river.
•S 138 IS
•S 138 IS
119
1
"(E) The 4.9 -mile segment of the South
2
Fork Whitewater River from the section line be- .
' 3
tween sections 33. and 34, T. 1 S., R. 2 E., to
4
the confluence with the Middle Fork, as a wild
5
river.
6
"(F) The 5.4 -mile segment of the main
7
stem of the Whitewater River from the con -
8
fluence of the South and Middle Forks to the
9
San Gorgonio Wilderness boundary, as a wild
10
river.
11
"(G) The 2.7 -mile segment of the main
12
stem of the Whitewater River from the San
13
Gorgonio Wilderness boundary to the southern
14
boundary of section 26, T. 2 S., R. 3 E., as a
15
recreational river.".
O
•S 138 IS