[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 21 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
July 27, 1994.
Resolved, That the bill from the Senate (S. 21) entitled ``An Act
to designate certain lands in the California Desert as wilderness, to
establish Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:
That this Act may be cited as the ``California Desert Protection Act of
1994''.
findings and policy
Sec. 2. (a) The Congress finds and declares that--
(1) the federally owned desert lands of Southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological, wildlife,
cultural, scientific, educational, and recreational values used
and enjoyed by millions of Americans for hiking and camping,
scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures which
would impair, dilute, and destroy their public and natural
values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general public
land statutes (including section 601 of the Federal Land Policy
and Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 et
seq.) and through interim administrative actions, the Federal
Government has begun the process of appropriately providing for
protection of the significant resources of the public lands in
the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land values
of the California desert merit.
(b) In order to secure for the American people of this and future
generations an enduring heritage of wilderness, national parks, and
public land values in the California desert, it is hereby declared to
be the policy of the Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and
wildlife values associated with these unique natural
landscapes;
(B) perpetuate in their natural state significant
and diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural
values of the California desert associated with ancient
Indian cultures, patterns of western exploration and
settlement, and sites exemplifying the mining, ranching
and railroading history of the Old West;
(D) provide opportunities for compatible outdoor
public recreation, protect and interpret ecological and
geological features and historic, paleontological, and
archeological sites, maintain wilderness resource
values, and promote public understanding and
appreciation of the California desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--WILDERNESS ADDITIONS
findings
Sec. 101. The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
designation of wilderness
Sec. 102. In furtherance of the purpose of the Wilderness Act (78
Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601 and 603 of the
Federal Land Policy and Management Act of 1976 (90 Stat. 2743, 43
U.S.C. 1701 et seq.), the following lands in the State of California,
as generally depicted on maps referenced herein, are hereby designated
as wilderness, and therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps entitled
``Argus Range Wilderness--Proposed 2'' and ``Argus Range
Wilderness--Proposed 3'', dated January 1989, and which shall
be known as the Argus Range Wilderness. If at any time within
15 years after the date of enactment of this Act the Secretary
of the Navy notifies the Secretary of the Interior that
permission has been granted to use lands within the area of the
China Lake Naval Air Warfare Center for installation of a space
energy laser facility, and that establishment of a right-of-way
across lands within the Argus Range Wilderness is desirable in
order to facilitate access to the lands to be used for such
facility, the Secretary of the Interior, pursuant to the
Federal Land Policy and Management Act of 1976, may grant a
right-of-way for, and authorize construction of, a road to be
used solely for that purpose across such lands, notwithstanding
the designation of such lands as wilderness. So far as
practicable, any such road shall be aligned in a manner that
takes into account the desirability of minimizing adverse
impacts on wilderness values.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand two hundred acres, as generally depicted
on a map entitled ``Bighorn Mountain Wilderness--Proposed'',
dated September 1991, and which shall be known as the Bighorn
Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five hundred
and seventy acres, as generally depicted on a map entitled
``Big Maria Mountains Wilderness--Proposed'', dated February
1986, and which shall be known as the Big Maria Mountains
Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which shall
be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-four thousand four hundred acres, as
generally depicted on a map entitled ``Cady Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cady Mountains Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand seven
hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(11) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management, which
comprise approximately sixty-four thousand three hundred and
twenty acres, as generally depicted on a map entitled
``Chemehuevi Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Chemehuevi Mountains
Wilderness.
(12) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted on
two maps entitled ``Chimney Peak Wilderness--Proposed 1'' and
``Chimney Peak Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Chimney Peak Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred fifty-eight thousand nine hundred and
fifty acres, as generally depicted on two maps entitled
``Chuckwalla Mountains Wilderness--Proposed 1'' and
``Chuckwalla Mountains Wilderness--Proposed 2'', dated January
1989, and which shall be known as the Chuckwalla Mountains
Wilderness.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise thirty-
four thousand three hundred and eighty acres, as generally
depicted on a map entitled ``Cleghorn Lakes Wilderness--
Proposed'', dated September 1991, and which shall be known as
the Cleghorn Lakes Wilderness. The Secretary may, pursuant to
an application filed by the Department of Defense, grant a
right-of-way for, and authorize construction of, a road and
utilities within the area depicted as ``nonwilderness road
corridor'' on such map.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand acres, as generally depicted on a
map entitled ``Clipper Mountain Wilderness--Proposed'', dated
May 1991, and which shall be known as Clipper Mountain
Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Coso Range Wilderness--
Proposed'', dated May 1991, and which shall be known as Coso
Range Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(18) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as Darwin
Falls Wilderness.
(19) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight hundred
and fifty acres, as generally depicted on a map entitled ``Dead
Mountains Wilderness--Proposed'', dated October 1991, and which
shall be known as Dead Mountains Wilderness.
(20) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately thirty-
six thousand three hundred acres, as generally depicted on two
maps entitled ``Domeland Wilderness Additions--Proposed 1'' and
``Domeland Wilderness Additions--Proposed 2'', dated February
1986 and which are hereby incorporated in, and which shall be
deemed to be a part of, the Domeland Wilderness as designated
by Public Laws 93-632 and 98-425.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten acres,
as generally depicted on a map entitled ``Funeral Mountains
Wilderness--Proposed'', dated May 1991, and which shall be
known as Funeral Mountains Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986 and which shall be
known as Golden Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated February 1986 and which shall be
known as the Grass Valley Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty acres,
as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty acres,
as generally depicted on a map entitled ``Ibex Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Ibex Wilderness.
(28) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-four thousand and fifty-five acres, as
generally depicted on a map entitled ``Indian Pass Wilderness--
Proposed'', dated May 1994, and which shall be known as the
Indian Pass Wilderness.
(29) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which comprise
approximately two hundred five thousand and twenty acres, as
generally depicted on three maps entitled ``Inyo Mountains
Wilderness--Proposed'', numbered in the title one through
three, and dated May 1991, and which shall be known as the Inyo
Mountains Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five hundred
and eighty acres, as generally depicted on a map entitled
``Kelso Dunes Wilderness--Proposed 1'', dated October 1991, a
map entitled ``Kelso Dunes Wilderness--Proposed 2'', dated May
1991, and a map entitled ``Kelso Dunes Wilderness--Proposed
3'', dated September 1991, and which shall be known as the
Kelso Dunes Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted on
a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--Proposed
2'', dated May 1991, and which shall be known as the Kiavah
Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand six hundred and eight
acres, as generally depicted on four maps entitled ``Kingston
Range Wilderness--Proposed'', numbered in the title one through
four dated May 1994, and which shall be known as the Kingston
Range Wilderness.
(34) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(35) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately thirty-three thousand six hundred
acres, as generally depicted on a map entitled ``Little Picacho
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Little Picacho Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak Wilderness--
Proposed'', dated October 1991, and which shall be known as the
Manly Peak Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Mecca Hills Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall be
known as the Newberry Mountains Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and sixty
acres, as generally depicted on a map entitled ``Nopah Range
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Nopah Range Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty acres,
as generally depicted on a map entitled ``North Algodones Dunes
Wilderness--Proposed'', dated October 1991, and which shall be
known as the North Algodones Dunes Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North Mesquite
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as the North Mesquite Mountains Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and seventy acres,
as generally depicted on a map entitled ``Old Woman Mountains
Wilderness--Proposed 1'', dated May 1994 and a map entitled
``Old Woman Mountains Wilderness--Proposed 2'', dated October
1991, and which shall be known as the Old Woman Mountains
Wilderness.
(45) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty-seven thousand four hundred and eighty
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated May 1994, and which
shall be known as the Orocopia Mountains Wilderness.
(46) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four thousand
six hundred and forty acres, as generally depicted on a map
entitled ``Owens Peak Wilderness--Proposed 1'', dated February
1986, and two maps entitled ``Owens Peak Wilderness--Proposed
2'' dated February 1986 and ``Owens Peak Wilderness--Proposed
3'', dated May 1991, and which shall be known as the Owens Peak
Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986 and which shall be
known as the Pahrump Valley Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and a
map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated July
1993, and which shall be known as the Palen/McCoy Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten acres,
as generally depicted on a map entitled ``Palo Verde Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Palo Verde Mountains Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as generally
depicted on a map entitled ``Picacho Peak Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Picacho Peak Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand six hundred acres, as
generally depicted on a map entitled ``Piper Mountain
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Piper Mountain Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled ``Resting
Spring Range Wilderness--Proposed'', dated May 1991, and which
shall be known as the Resting Spring Range Wilderness.
(54) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres, as
generally depicted on a map entitled ``Rice Valley Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Rice Valley Wilderness.
(55) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three hundred
eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains Wilderness.
(56) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Rodman Mountains
Wilderness--Proposed'', dated January 1989, and which shall be
known as the Rodman Mountains Wilderness.
(57) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps entitled
``Sacatar Trail Wilderness--Proposed 1'' and ``Sacatar Trail
Wilderness--Proposed 2'', dated May 1991, and which shall be
known as the Sacatar Trail Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(60) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law 98-
425.
(61) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted on
a map entitled ``Sawtooth Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as the Sawtooth
Mountains Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheep Hole
Valley Wilderness--Proposed 1'', dated July 1993, and ``Sheep
Hole Valley Wilderness--Proposed 2'', dated July 1993, and
which shall be known as the Sheephole Valley Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-four thousand four hundred and ten acres,
as generally depicted on a map entitled ``Slate Range
Wilderness--Proposed'', dated October 1991, and which shall be
known as the Slate Range Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty acres,
as generally depicted on a map entitled ``South Nopah Range
Wilderness--Proposed'', dated February 1986, and which shall be
known as the South Nopah Range Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled ``Stateline Wilderness--Proposed'',
dated May 1991, and which shall be known as the Stateline
Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall be
known as the Stepladder Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and which
shall be known as the Surprise Canyon Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Trilobite Wilderness.
(70) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'', dated
May 1991, and which shall be known as the Turtle Mountains
Wilderness.
(71) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated July
1993, and which shall be known as the Whipple Mountains
Wilderness.
administration of wilderness areas
Sec. 103. Subject to valid existing rights, each wilderness area
designated under section 102 shall be administered by the appropriate
Secretary in accordance with the provisions of the Wilderness Act,
except that any reference in such provisions to the effective date of
the Wilderness Act shall be deemed to be a reference to the effective
date of this title and any reference to the Secretary of Agriculture
shall be deemed to be a reference to the Secretary who has
administrative jurisdiction over the area.
grazing
Sec. 104. Within the wilderness areas designated under section 102,
the grazing of livestock, where established prior to the enactment of
this Act, shall be permitted to continue subject to such reasonable
regulations, policies, and practices as the Secretary deems necessary,
as long as such regulations, policies, and practices fully conform with
and implement the intent of Congress regarding grazing in such areas as
such intent is expressed in the Wilderness Act and section 108 of
Public Law 96-560 (16 U.S.C. 133 note).
buffer zones
Sec. 105. The Congress does not intend for the designation of
wilderness areas in section 102 of this Act to lead to the creation of
protective perimeters or buffer zones around any such wilderness area.
The fact that nonwilderness activities or uses can be seen or heard
from areas within a wilderness shall not, of itself, preclude such
activities or uses up to the boundary of the wilderness area.
mining claim validity review
Sec. 106. The Secretary of the Interior shall not approve any plan
of operation prior to determining the validity of the unpatented mining
claims, mill sites, and tunnel sites affected by such plan within any
wilderness area designated under section 102, and shall submit to
Congress recommendations as to whether any valid or patented claims
should be acquired by the United States, including the estimated
acquisition costs of such claims, and a discussion of the environmental
consequences of the extraction of minerals from these lands.
filing of maps and descriptions
Sec. 107. As soon as practicable after enactment of section 102, a
map and a legal description on each wilderness area designated under
this title shall be filed by the Secretary concerned with the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives, and each such map
and description shall have the same force and effect as if included in
this title, except that the Secretary may correct clerical and
typographical errors in each such legal description and map. Each such
map and legal description shall be on file and available for public
inspection in the office of the Director of the Bureau of Land
Management, Department of the Interior, or the Chief of the Forest
Service, Department of Agriculture, as is appropriate.
wilderness review
Sec. 108. (a) The Congress hereby finds and directs that except for
those areas provided for in subsection (b), the public lands in the
California Desert Conservation Area, managed by the Bureau of Land
Management, not designated as wilderness or wilderness study areas by
this Act, have been adequately studied for wilderness designation
pursuant to section 603 of the Federal Land Policy and Management Act
of 1976 (90 Stat. 2743, 43 U.S.C. 1782), and are no longer subject to
the requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976 pertaining to the management of wilderness study
areas in a manner that does not impair the suitability of such areas
for preservation as wilderness.
(b) The following areas shall continue to be subject to the
requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976, pertaining to the management of wilderness
study areas in a manner that does not impair the suitability of such
areas for preservation as wilderness:
(1) Certain lands which comprise approximately sixty-one
thousand three hundred and twenty acres, as generally depicted
on a map entitled ``Avawatz Mountains Wilderness--Proposed'',
dated May 1991.
(2) Certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed 1'',
dated May 1991, and ``Soda Mountains Wilderness--Proposed 2'',
dated January 1989.
(3) Certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991.
(4) Certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986.
(5) Certain lands which comprise approximately thirty-nine
thousand seven hundred and sixty acres, as generally depicted
on a map entitled ``Kingston Range Potential Future
Wilderness'', dated May 1994.
(c) Subject to valid existing rights, the Federal lands referred to
in subsection (b) are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from location,
entry, and patent under the United States mining laws; and from
disposition under all laws pertaining to mineral and geothermal
leasing, and mineral materials, and all amendments thereto, and shall
be administered by the Secretary in accordance with the provisions of
section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782).
designation of wilderness study area
Sec. 109. In furtherance of the provisions of the Wilderness Act,
certain public lands in the California Desert Conservation Area of the
Bureau of Land Management which comprise eleven thousand two hundred
acres as generally depicted on a map entitled ``White Mountains
Wilderness Study Area--Proposed'', dated May 1991, are hereby
designated the White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the provisions of
section 603(c) of the Federal Land Policy and Management Act of 1976.
suitability report
Sec. 110. The Secretary is required, ten years after the date of
enactment of this Act, to report to Congress on current and planned
exploration, development or mining activities on, and suitability for
future wilderness designation of, the lands as generally depicted on
maps entitled ``Surprise Canyon Wilderness--Proposed'', ``Middle Park
Canyon Wilderness--Proposed'', and ``Death Valley National Park
Boundary and Wilderness 15'', dated September 1991 and a map entitled
``Manly Peak Wilderness--Proposed'', dated October 1991.
wilderness designation and management in the national wildlife refuge
system
Sec. 111. (a) In furtherance of the purposes of the Wilderness Act,
the following lands are hereby designated as wilderness and therefore,
as components of the National Wilderness Preservation System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two maps
entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Subject to valid existing rights, the wilderness areas
designated under this section shall be administered by the Secretary in
accordance with the provisions of the Wilderness Act governing areas
designated by that Act as wilderness, except that any reference in such
provisions to the effective date of the Wilderness Act (or any similar
reference) shall be deemed to be a reference to the date of enactment
of this Act and any reference to the Secretary of Agriculture shall be
deemed to be a reference to the Secretary of the Interior.
(c) As soon as practicable after enactment of this section, the
Secretary shall file a map and a legal description of each wilderness
area designated under this section with the Committees on Energy and
Natural Resources and Environment and Public Works of the Senate and
Natural Resources and Merchant Marine and Fisheries of the House of
Representatives. Such map and description shall have the same force and
effect as if included in this Act, except that correction of clerical
and typographical errors in such legal description and map may be made.
Such map and legal description shall be on file and available for
public inspection in the Office of the Director, United States Fish and
Wildlife Service, Department of the Interior.
law enforcement access
Sec. 112. Nothing in this Act, including the wilderness
designations made by this Act, may be construed to preclude Federal,
State, and local law enforcement agencies from conducting law
enforcement and border operations as permitted before the enactment of
this Act, including the use of motor vehicles and aircraft, on any
lands designated as wilderness by this Act.
fish and wildlife management
Sec. 113. As provided in section 4(d)(7) of the Wilderness Act,
nothing in this title shall be construed as affecting the jurisdiction
of the State of California with respect to fish and wildlife on the
public lands located in that State. Management activities to maintain
or restore fish and wildlife populations and the habitats to support
such populations may be carried out within wilderness areas designated
by this title and shall include the use of motorized vehicles by the
appropriate State agencies.
TITLE II--DEATH VALLEY NATIONAL PARK
findings
Sec. 201. The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, geological, archeological,
paleontological, cultural, historical and wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a national park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
establishment of death valley national park
Sec. 202. There is hereby established the Death Valley National
Park, as generally depicted on 23 maps entitled ``Death Valley National
Park Boundary and Wilderness--Proposed'', numbered in the title one
through twenty-three, and dated May 1994 or prior, which shall be on
file and available for public inspection in the offices of the
Superintendent of the Park and the Director of the National Park
Service, Department of the Interior. The Death Valley National Monument
is hereby abolished as such, the lands and interests therein are hereby
incorporated within and made part of the new Death Valley National
Park, and any funds available for purposes of the monument shall be
available for purposes of the park.
transfer and administration of lands
Sec. 203. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 202 of this title,
without consideration, to the administrative jurisdiction of the
Director of the National Park Service for administration as part of the
National Park System. The boundaries of the public lands and the
national parks shall be adjusted accordingly. The Secretary shall
administer the areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4).
maps and legal description
Sec. 204. Within six months after the enactment of this title, the
Secretary shall file maps and a legal description of the park
designated under this title with the Energy and Natural Resources
Committee of the Senate and the Natural Resources Committee of the
House of Representatives. Such maps and legal description shall have
the same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such legal
description and in the maps referred to in section 202. The maps and
legal description shall be on file and available for public inspection
in the offices of the Superintendent of the Park and the Director of
the National Park Service, Department of the Interior.
withdrawal
Sec. 205. Subject to valid existing rights, the Federal lands and
interests therein added to the National Park System by this title are
withdrawn from disposition under the public land laws and from entry or
appropriation under the mining laws of the United States, from the
operation of the mineral leasing laws of the United States, and from
operation of the Geothermal Steam Act of 1970.
study as to validity of mining claims
Sec. 206. The Secretary shall not approve any plan of operation
prior to determining the validity of the unpatented mining claims, mill
sites, and tunnel sites affected by such plan within the additions to
the park and shall submit to Congress recommendations as to whether any
valid or patented claims should be acquired by the United States,
including the estimated acquisition costs of such claims, and a
discussion of the environmental consequences of the extraction of
minerals from these lands.
grazing
Sec. 207. (a) The privilege of grazing domestic livestock on lands
within the park shall continue to be exercised at no more than the
current level, subject to applicable laws and National Park Service
regulations.
(b) If a person holding a grazing permit referred to in subsection
(a) informs the Secretary that such permittee is willing to convey to
the United States any base property with respect to which such permit
was issued and to which such permittee holds title, the Secretary shall
make the acquisition of such base property a priority as compared with
the acquisition of other lands within the park, provided agreement can
be reached concerning the terms and conditions of such acquisition. Any
such base property which is located outside the park and acquired as a
priority pursuant to this section shall be managed by the Federal
agency responsible for the majority of the adjacent lands in accordance
with the laws applicable to such adjacent lands.
death valley national park advisory commission
Sec. 208. (a) The Secretary shall establish an advisory commission
of no more than 15 members, to advise the Secretary concerning the
development and implementation of a new or revised comprehensive
management plan for Death Valley National Park.
(b)(1) The advisory commission shall include an elected official
for each County within which any part of the park is located, a
representative of the owners of private properties located within or
immediately adjacent to the park, and other members representing
persons actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement, and the
protection and management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the Secretary so
as to maintain the full diversity of views required to be represented
on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
boundary adjustment
Sec. 210. In preparing the maps and legal descriptions required by
sections 204 and 502, the Secretary shall adjust the boundaries of the
Death Valley National Park and Death Valley National Park Wilderness so
as to exclude from such National Park and Wilderness the lands
generally depicted on the map entitled ``Porter Mine (Panamint Range)
Exclusion Area'' dated June 1994.
TITLE III--JOSHUA TREE NATIONAL PARK
findings
Sec. 301. The Congress hereby finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, archeological,
paleontological, cultural, historical and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park caliber,
and afforded full recognition and statutory protection as a
national park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
establishment of joshua tree national park
Sec. 302. There is hereby established the Joshua Tree National
Park, as generally depicted on a map entitled ``Joshua Tree National
Park Boundary--Proposed'', dated May 1991, and four maps entitled
``Joshua Tree National Park Boundary and Wilderness'', numbered in the
title one through four, and dated October 1991 or prior, which shall be
on file and available for public inspection in the offices of the
Superintendent of the Park and the Director of the National Park
Service, Department of the Interior. The Joshua Tree National Monument
is hereby abolished as such, the lands and interests therein are hereby
incorporated within and made part of the new Joshua Tree National Park,
and any funds available for purposes of the monument shall be available
for purposes of the park.
transfer and administration of lands
Sec. 303. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 302 of this title,
without consideration, to the administrative jurisdiction of the
Director of the National Park Service for administration as part of the
National Park System. The boundaries of the public lands and the
national parks shall be adjusted accordingly. The Secretary shall
administer the areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4).
maps and legal description
Sec. 304. Within six months after the enactment of this title, the
Secretary shall file maps and legal description of the park designated
by this title with the Energy and Natural Resources Committee of the
Senate and the Natural Resources Committee of the House of
Representatives. Such maps and legal description shall have the same
force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such legal
description and in the maps referred to in section 302. The maps and
legal description shall be on file and available for public inspection
in the offices of the Superintendent of the Park and the Director of
the National Park Service, Department of the Interior.
withdrawal
Sec. 305. Subject to valid existing rights, Federal lands and
interests therein added to the National Park System by this title are
withdrawn from disposition under the public lands laws and from entry
or appropriation under the mining laws of the United States, from the
operation of the mineral leasing laws of the United States, and from
the operation of the Geothermal Steam Act of 1970.
utility rights-of-way
Sec. 306. Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary operation
maintenance, repair, and replacement activities in such right-of-way,
issued, granted, or permitted to the Metropolitan Water District
pursuant to the Boulder Canyon Project Act (43 U.S.C. 617-619b), which
is located on lands included in the Joshua Tree National Park, but
outside lands designated as wilderness under section 501(2). Such
activities shall be conducted in a manner which will minimize the
impact on park resources. Nothing in this title shall have the effect
of terminating the fee title to lands or customary operation,
maintenance, repair, and replacement activities on or under such lands
granted to the Metropolitan Water District pursuant to the Act of June
18, 1932 (47 Stat. 324), which are located on lands included in the
Joshua Tree National Park, but outside lands designated as wilderness
under section 501(2). Such activities shall be conducted in a manner
which will minimize the impact on park resources. The Secretary shall
prepare within 180 days after the date of enactment of this Act, in
consultation with the Metropolitan Water District, plans for emergency
access by the Metropolitan Water District to its lands and rights-of-
way.
study as to validity of mining claims
Sec. 307. The Secretary shall not approve any plan of operation
prior to determining the validity of the unpatented mining claims, mill
sites, and tunnel sites affected by such plan within the park and shall
submit to Congress recommendations as to whether any valid or patented
claims should be acquired by the United States, including the estimated
acquisition costs of such claims, and a discussion of the environmental
consequences of the extraction of minerals from these lands.
joshua tree national park advisory commission
Sec. 308. (a) The Secretary shall establish an advisory commission
of no more than 15 members, to advise the Secretary concerning the
development and implementation of a new or revised comprehensive
management plan for Joshua Tree National Park.
(b)(1) The advisory commission shall include an elected official
for each County within which any part of the park is located, a
representative of the owners of private properties located within or
immediately adjacent to the park, and other members representing
persons actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement, and the
protection and management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the Secretary so
as to maintain the full diversity of views required to be represented
on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
TITLE IV--MOJAVE NATIONAL PRESERVE
findings
Sec. 401. The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative desert
resources, but do not embrace the particular ecosystems and
transitional desert type found in the Mojave Desert area lying
between them on public lands now afforded only impermanent
administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the National
Park System;
(3) the Mojave Desert area should be afforded full
recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding
opportunity to develop services, programs, accommodations and
facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101), and
other appropriate laws and regulations.
establishment of the mojave national preserve
Sec. 402. (a) There is hereby established the Mojave National
Preserve, comprising approximately one million four hundred nineteen
thousand eight hundred acres, as generally depicted on a map entitled
``Mojave National Park Boundary--Proposed'', dated May 17, 1994, which
shall be on file and available for inspection in the appropriate
offices of the Director of the National Park Service, Department of the
Interior.
(b)(1) There is hereby established the Dinosaur Trackway Area of
Critical Environmental Concern within the California Desert
Conservation Area, of the Bureau of Land Management, comprising
approximately five hundred and ninety acres as generally depicted on a
map entitled ``Dinosaur Trackway Area of Critical Environmental
Concern'', dated July 1993. The Secretary shall administer the area to
preserve the paleontological resources within the area.
(2) Subject to valid existing rights, the Federal lands within and
adjacent to the Dinosaur Trackway Area of Critical Environmental
Concern, as generally depicted on a map entitled ``Dinosaur Trackway
Mineral Withdrawal Area'', dated July 1993, are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws; from location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments thereto.
transfer of lands
Sec. 403. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of Land
Management depicted on the maps described in section 402 of this title,
without consideration, to the administrative jurisdiction of the
Director of the National Park Service. The boundaries of the public
lands shall be adjusted accordingly.
maps and legal description
Sec. 404. Within six months after the enactment of this title, the
Secretary shall file maps and a legal description of the preserve
designated under this title with the Energy and Natural Resources
Committee of the Senate and the Natural Resources Committee of the
House of Representatives. Such maps and legal description shall have
the same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in such legal
description and in the maps referred to in section 402. The maps and
legal description shall be on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior.
abolishment of scenic area
Sec. 405. The East Mojave National Scenic Area, designated on
January 13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR
36210), is hereby abolished.
administration of lands
Sec. 406. (a) The Secretary shall administer the preserve in
accordance with this title and with the provisions of law generally
applicable to units of the National Park System, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4).
(b) The Secretary shall permit hunting, fishing, and trapping on
lands and waters within the preserve designated by this Act in
accordance with applicable Federal and State laws except that the
Secretary may designate areas where, and establish periods when, no
hunting, fishing, or trapping will be permitted for reasons of public
safety, administration, or compliance with provisions of applicable
law. Except in emergencies, regulations closing areas to hunting,
fishing, or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State agency having
responsibility for fish and wildlife. Nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
States with respect to fish and wildlife on Federal lands and waters
covered by this title nor shall anything in this Act be construed as
authorizing the Secretary concerned to require a Federal permit to
hunt, fish, or trap on Federal lands and waters covered by this title.
withdrawal
Sec. 407. Subject to valid existing rights, Federal lands within
the preserve, and interests therein, are withdrawn from disposition
under the public land laws and from entry or appropriation under the
mining laws of the United States, from the operation of the mineral
leasing laws of the United States, and from operation of the Geothermal
Steam Act of 1970.
study as to validity of mining claims
Sec. 408 (a) The Secretary shall not approve any plan of operation
prior to determining the validity of the unpatented mining claims, mill
sites, and tunnel sites affected by such plan within the preserve and
shall submit to Congress recommendations as to whether any valid or
patented claims should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion of the
environmental consequences of the extraction of minerals from these
lands.
(b)(1) Notwithstanding any other provision of law, the Secretary of
the Interior shall permit the holder or holders of mining claims
identified on the records of the Bureau of Land Management as Volco #A
CAMC 105446 and Volco #B CAMC 105447 to continue exploration and
development activities on such claims for a period of two years after
the date of enactment of this Act, subject to the same regulations as
applied to such activities on such claims on the day before such date
of enactment.
(2) At the end of the period specified in paragraph (1), or sooner
if so requested by the holder or holders of the claims specified in
such paragraph, the Secretary shall determine whether there has been a
discovery of valuable minerals on such claims and whether, if such
discovery had been made on or before July 1, 1994, such claims would
have been valid as of such date under the mining laws of the United
States in effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in paragraph
(1), the holder or holders of such claims shall be permitted to
continue to operate such claims subject only to such regulations as
applied on July 1, 1994 to the exercise of valid existing rights on
patented mining claims within a unit of the National Park System.
grazing
Sec. 409. (a) The privilege of grazing domestic livestock on lands
within the preserve shall continue to be exercised at no more than the
current level, subject to applicable laws and National Park Service
regulations.
(b) If a person holding a grazing permit referred to in subsection
(a) informs the Secretary that such permittee is willing to convey to
the United States any base property with respect to which such permit
was issued and to which such permittee holds title, the Secretary shall
make the acquisition of such base property a priority as compared with
the acquisition of other lands within the preserve, provided agreement
can be reached concerning the terms and conditions of such acquisition.
Any such base property which is located outside the preserve and
acquired as a priority pursuant to this section shall be managed by the
Federal agency responsible for the majority of the adjacent lands in
accordance with the laws applicable to such adjacent lands.
utility rights of way
Sec. 410. (a)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary operation,
maintenance, repair, and replacement activities in such right-of-way,
issued, granted, or permitted to Southern California Edison Company,
its successors or assigns, which is located on lands included in the
Mojave National Preserve, but outside lands designated as wilderness
under section 501(3). Such activities shall be conducted in a manner
which will minimize the impact on preserve resources.
(2) Nothing in this title shall have the effect of prohibiting the
upgrading of an existing electrical transmission line for the purpose
of increasing the capacity of such transmission line in the Southern
California Edison Company validly issued Eldorado-Lugo Transmission
Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the Secretary
adjacent to the existing Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as ``adjacent right-of-way''),
including construction of a replacement transmission line: Provided,
That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado
rights-of-way'') at no time shall there be more than three
electrical transmission lines,
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site shall
be completed no later than three years after the date on which
construction of the upgraded transmission line begins, after
which time there may be only one electrical transmission line
in the lands encompassed by Mojave right-of-way and adjacent
right-of-way,
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed,
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
preserve resources,
(E) no more than 350 feet of additional land shall be
issued, granted, or permitted for an adjacent right-of-way to
the south of the Mojave right-of-way unless a greater addition
would reduce the impacts to preserve resources, and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on preserve resources.
(3) The Secretary shall prepare within 180 days after the date of
enactment of this Act, in consultation with the Southern California
Edison Company, plans for emergency access by the Southern California
Edison Company to its rights-of-way.
(b)(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way, or customary operation, maintenance,
repair, and replacement activities in such right-of-way; prohibiting
the upgrading of and construction on existing facilities in such right-
of-way for the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way issued,
granted, or permitted to the Southern California Gas Company, its
successors or assigns, which is located on lands included in the Mojave
National Preserve, but outside lands designated as wilderness under
section 501(3). Such activities shall be conducted in a manner which
will minimize the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and eighty days
after the date of enactment of this title, in consultation with the
Southern California Gas Company, plans for emergency access by the
Southern California Gas Company to its rights-of-way.
(c) Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted for communications cables or lines, which are
located on lands included in the Mojave National Preserve, but outside
lands designated as wilderness under section 501(3). Such activities
shall be conducted in a manner which will minimize the impact on
preserve resources.
(d) Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities of existing facilities issued,
granted, or permitted to Molybdenum Corporation of America; Molycorp,
Incorporated; or Union Oil Company of California (d/b/a Unocal
Corporation); or its successors or assigns, or prohibiting renewal of
such right-of-way, which is located on lands included in the Mojave
National Preserve, but outside lands designated as wilderness under
section 501(3). Such activities shall be conducted in a manner which
will minimize the impact on preserve resources.
preparation of management plan
Sec. 411. Within three years after the date of enactment of this
title, the Secretary shall submit to the Energy and Natural Resources
Committee of the Senate and the Natural Resources Committee of the
House of Representatives a detailed and comprehensive management plan
for the preserve. Such plan shall place emphasis on historical and
cultural sites and ecological and wilderness values within the
boundaries of the preserve. Any development, including road
improvements, proposed by such plan shall be strictly limited to that
which is essential and appropriate for the administration of the
preserve and shall be designed and located so as to maintain the
primitive nature of the area and to minimize the impairment of preserve
resources or ecological values. To the extent practicable,
administrative facilities, employee housing, commercial visitor
services, accommodations, and other preserve-related development shall
be located or provided for outside of the boundaries of the preserve.
Such plan shall evaluate the feasibility of using the Kelso Depot and
existing railroad corridor to provide public access to and a facility
for special interpretive, educational, and scientific programs within
the preserve. Such plan shall specifically address the needs of
individuals with disabilities in the design of services, programs,
accommodations and facilities consistent with section 504 of the
Rehabilitation Act of 1973, Public Law 101-336, the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101), and other appropriate laws
and regulations.
granite mountains natural reserve
Sec. 412. (a) There is hereby designated the Granite Mountains
Natural Reserve within the preserve comprising approximately nine
thousand acres as generally depicted on a map entitled ``Mojave
National Park Boundary and Wilderness--Proposed 6'', dated May 1991.
(b) Upon enactment of this title, the Secretary of the Interior
shall enter into a cooperative management agreement with the University
of California for the purposes of managing the lands within the Granite
Mountains Natural Reserve. Such cooperative agreement shall ensure
continuation of arid lands research and educational activities of the
University of California, consistent with the provisions of law
generally applicable to units of the National Park System.
construction of visitor center
Sec. 413. The Secretary is authorized to construct a visitor center
in the preserve for the purpose of providing information through
appropriate displays, printed material, and other interpretive
programs, about the resources of the preserve.
acquisition of lands
Sec. 414. The Secretary is authorized to acquire all lands and
interest in lands within the boundary of the preserve by donation,
purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the preserve which are owned by the State of California, or any
political subdivision thereof, may be acquired only by donation
or exchange except for lands managed by the California State
Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to
be developed, in a manner which is detrimental to the integrity
of the preserve or which is otherwise incompatible with the
purposes of this title.
acquired lands be made part of mojave national preserve
Sec. 415. Any lands acquired by the Secretary under this title
shall become part of the Mojave National Preserve.
mojave national preserve advisory commission
Sec. 416. (a) The Secretary shall establish an advisory commission
of no more than 15 members, to advise the Secretary concerning the
development and implementation of a new or revised comprehensive
management plan for Mojave National Preserve.
(b)(1) The advisory commission shall include an elected official
for each County within which any part of the preserve is located, a
representative of the owners of private properties located within or
immediately adjacent to the preserve, and other members representing
persons actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement, and the
protection and management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the Secretary so
as to maintain the full diversity of views required to be represented
on the Commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
no adverse affect on land until acquired
Sec. 417. Unless and until acquired by the United States, no lands
within the boundaries of wilderness areas or National Park System units
designated or enlarged by this Act that are owned by any person or
entity other than the United States shall be subject to any of the
rules or regulations applicable solely to the Federal lands within such
boundaries and may be used to the extent allowed by applicable law.
Neither the location of such lands within such boundaries nor the
possible acquisition of such lands by the United States shall
constitute a bar to the otherwise lawful issuance of any Federal
license or permit other than a license or permit related to activities
governed by 16 U.S.C. 460l-22(c). Nothing in this section shall be
construed as affecting the applicability of any provision of the Mining
in the Parks Act (16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.), or regulations applicable to oil and gas development as
set forth in 36 CFR 9B.
TITLE V--NATIONAL PARK WILDERNESS
designation of wilderness
Sec. 501. The following lands are hereby designated as wilderness
in accordance with the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131 et
seq.) and shall be administered by the Secretary of the Interior in
accordance with the applicable provisions of the Wilderness Act:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred sixty-two thousand one
hundred and thirty-eight acres, as generally depicted on 23
maps entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated May 1994 or prior, and three maps entitled ``Death
Valley National Park Wilderness'', numbered in the title one
through three, and dated May 1994 or prior, and which shall be
known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand seven
hundred and eighty acres, as generally depicted on four maps
entitled ``Joshua Tree National Park Boundary and Wilderness--
Proposed'', numbered in the title one through four, and dated
October 1991 or prior, and which are hereby incorporated in,
and which shall be deemed to be a part of the Joshua Tree
Wilderness as designated by Public Law 94-567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-four thousand acres, as
generally depicted on ten maps entitled ``Mojave National Park
Boundary and Wilderness--Proposed'', numbered in the title one
through ten, and dated May 1994 or prior, and seven maps
entitled ``Mojave National Park Wilderness--Proposed'',
numbered in the title one through seven, and dated May 1994 or
prior, and which shall be known as the Mojave Wilderness.
(4) Upon cessation of all uses prohibited by the Wilderness
Act and publication by the Secretary in the Federal Register of
notice of such cessation, potential wilderness, comprising
approximately six thousand eight hundred and forty acres, as
described in ``1988 Death Valley National Monument Draft
General Management Plan Draft Environmental Impact Statement''
(hereafter in this title referred to as ``Draft Plan'') and as
generally depicted on a map in the Draft Plan entitled
``Wilderness Plan Death Valley National Monument'', dated
January 1988, shall be deemed to be a part of the Death Valley
Wilderness as designated in paragraph (1). Lands identified in
the Draft Plan as potential wilderness shall be managed by the
Secretary insofar as practicable as wilderness until such time
as said lands are designated as wilderness.
filing of maps and descriptions
Sec. 502. Maps and a legal description of the boundaries of the
areas designated in section 501 of this title shall be on file and
available for public inspection in the Office of the Director of the
National Park Service, Department of the Interior, and in the Office of
the Superintendent of each area designated in section 501. As soon as
practicable after this title takes effect, maps of the wilderness areas
and legal descriptions of their boundaries shall be filed with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives, and
such maps and descriptions shall have the same force and effect as if
included in this title, except that the Secretary may correct clerical
and typographical errors in such maps and descriptions.
administration of wilderness areas
Sec. 503. The areas designated by section 501 of this title as
wilderness shall be administered by the Secretary in accordance with
the applicable provisions of the Wilderness Act governing areas
designated by that title as wilderness, except that any reference in
such provision to the effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of this title, and where
appropriate, and reference to the Secretary of Agriculture shall be
deemed to be a reference to the Secretary of the Interior.
TITLE VI--MISCELLANEOUS PROVISIONS
transfer of lands to red rock canyon state park
Sec. 601. Upon enactment of this title, the Secretary of the
Interior shall transfer to the State of California certain lands within
the California Desert Conservation Area, California, of the Bureau of
Land Management, comprising approximately twenty thousand five hundred
acres, as generally depicted on two maps entitled ``Red Rock Canyon
State Park Additions 1'' and ``Red Rock Canyon State Park Additions
2'', dated May 1991, for inclusion in the State of California Park
System. Should the State of California cease to manage these lands as
part of the State Park System, ownership of the lands shall revert to
the Department of the Interior to be managed as part of the California
Desert Conservation Area to provide maximum protection for the area's
scenic and scientific values.
desert lily sanctuary
Sec. 602. (a) There is hereby established the Desert Lily Sanctuary
within the California Desert Conservation Area, California, of the
Bureau of Land Management, comprising approximately two thousand forty
acres, as generally depicted on a map entitled ``Desert Lily
Sanctuary'', dated February 1986. The Secretary of the Interior shall
administer the area to provide maximum protection to the desert lily.
(b) Subject to valid existing rights, Federal lands within the
sanctuary, and interests therein, are withdrawn from disposition under
the public land laws and from entry or appropriation under the mining
laws of the United States, from the operation of the mineral leasing
laws of the United States, and from operation of the Geothermal Steam
Act of 1970.
land tenure adjustments
Sec. 603. In preparing land tenure adjustment decisions within the
California Desert Conservation Area, of the Bureau of Land Management,
the Secretary shall give priority to consolidating Federal ownership
within the national park units and wilderness areas designated by this
Act.
disposal prohibition
Sec. 604. Notwithstanding any other provision of law, the Secretary
of the Interior and the Secretary of Agriculture may not dispose of any
lands within the boundaries of the wilderness, parks, or preserve
designated under this Act or grant a right-of-way in any lands within
the boundaries of the wilderness designated under this Act. Further,
none of the lands within the boundaries of the wilderness, parks, or
preserve designated under this Act shall be granted to or otherwise
made available for use by the Metropolitan Water District and any other
agencies or persons pursuant to the Boulder Canyon Project Act (43
U.S.C. 617-619b) or any similar Acts.
management of newly acquired lands
Sec. 605. Any lands within the boundaries of a wilderness area
designated under this Act which are acquired by the Federal Government
shall become part of the wilderness area within which they are located
and shall be managed in accordance with all the provisions of this Act
and other laws applicable to such wilderness area.
native american uses
Sec. 606. (a) In recognition of the past use of the parks,
wilderness, and preserve areas designed under this Act by Indian people
for traditional cultural and religious purposes, the Secretary shall
ensure access to such parks, wilderness, and preserve areas by Indian
people for such traditional cultural and religious purposes. In
implementing this section, the Secretary, upon the request of an Indian
tribe or Indian religious community, shall temporarily close to the
general public use of one or more specific portions of park,
wilderness, or preserve areas in order to protect the privacy of
traditional cultural and religious activities in such areas by Indian
people. Such access shall be consistent with the purpose and intent of
Public Law 95-341 (42 U.S.C. 1996) commonly referred to as the
``American Indian Religious Freedom Act'', and with respect to areas
designated as wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131).
(b)(1) The Secretary, in consultation with the Timbisha Shoshone
Tribe and relevant Federal agencies, shall conduct a study, subject to
the availability of appropriations, to identify lands suitable for a
reservation for the Timbisha Shoshone Tribe that are located within the
Tribe's aboriginal homeland area.
(2) Not later than two years after the date of enactment of this
Act, the Secretary shall submit a report to the Committee on Energy and
Natural Resources and the Committee on Indian Affairs of the Senate,
and the Committee on Natural Resources of the House of Representatives
on the results of the study conducted under paragraph (1).
water rights
Sec. 607. (a) With respect to each wilderness area designated by
this Act, Congress hereby reserves a quantity of water sufficient to
fulfill the purposes of this Act. The priority date of such reserved
water rights shall be the date of enactment of this Act.
(b) The Secretary of the Interior and all other officers of the
United States shall take all steps necessary to protect the rights
reserved by this section, including the filing by the Secretary of a
claim for the quantification of such rights in any present or future
appropriate stream adjudication in the courts of the State of
California in which the United States is or may be joined and which is
conducted in accordance with section 208 of the Act of July 10, 1952
(66 Stat. 560, 43 U.S.C. 666; commonly referred to as the McCarran
Amendment).
(c) Nothing in this Act shall be construed as a relinquishment or
reduction of any water rights reserved or appropriated by the United
States in the State of California on or before the date of enactment of
this Act.
(d) The Federal water rights reserved by this Act are specific to
the wilderness areas located in the State of California designated
under this Act. Nothing in this Act related to the reserved Federal
water rights shall be construed as establishing a precedent with regard
to any future designations, nor shall it constitute an interpretation
of any other Act or any designation made thereto.
(e) Nothing in this Act shall be construed to affect the operation
of federally owned dams located on the Colorado River in the Lower
Basin.
(f) Nothing in this Act shall be construed to amend, supersede, or
preempt any State law, Federal law, interstate compact, or
international treaty pertaining to the Colorado River (including its
tributaries) in the Upper Basin, including, but not limited to the
appropriation, use, development, storage, regulation, allocation,
conservation, exportation, or quality of those rivers.
(g) With respect to the Havasu and Imperial wilderness areas
designated by section 111 of title I of this Act, no rights to water of
the Colorado River are reserved, either expressly, impliedly, or
otherwise.
state school lands
Sec. 608. (a) Upon request of the California State Lands Commission
(hereinafter in this section referred to as the ``Commission''), the
Secretary shall enter into negotiations for an agreement to exchange
Federal lands or interests therein on the list referred to in
subsection (b)(2) for California State School Lands (hereinafter in
this section referred to as ``State School Lands'') or interests
therein which are located within the boundaries of one or more of the
wilderness areas or park units designated by this Act. The Secretary
shall negotiate in good faith to reach a land exchange agreement
consistent with the requirements of section 206 of the Federal Land
Policy and Management Act of 1976.
(b) Within six months after the date of enactment of this Act, the
Secretary shall send to the Commission and to the Committees a list of
the following:
(1) The State School Lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, including in the following priority:
(A) Lands with mineral interests, including
geothermal, which have the potential for commercial
development but which are not currently under mineral
lease or producing Federal mineral revenues.
(B) Federal lands in California managed by the
Bureau of Reclamation that the Secretary determines are
not needed for any Bureau of Reclamation project.
(C) Any public lands in California that the
Secretary, pursuant to the Federal Land Policy and
Management Act of 1976, has determined to be suitable
for disposal through exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for an exchange
involving five thousand acres or less of Federal land or interests
therein, or Federal lands valued at less than $5,000,000, the Secretary
may carry out the exchange in accordance with the Federal Land Policy
and Management Act of 1976.
(2) If an agreement under this section is for an exchange involving
more than five thousand acres of Federal land or interests therein, or
Federal land valued at more than $5,000,000, the agreement shall be
submitted to the Committees, together with a report containing--
(A) a complete list and appraisal of the lands or interests
in lands proposed for exchange; and
(B) a determination that the State School Lands proposed to
be acquired by the United States do not contain any hazardous
waste, toxic waste, or radioactive waste.
(d) An agreement submitted under subsection (c)(2) shall not take
effect unless approved by a joint resolution enacted by the Congress.
(e) If exchanges of all of the State School Lands are not completed
by October 1, 2004, the Secretary shall adjust the appraised value of
any remaining inholdings consistent with the provisions of section 206
of the Federal Land Management Policy Act of 1976. The Secretary shall
establish an account in the name of the Commission in the amount of
such appraised value. Title to the State School Lands shall be
transferred to the United States at the time such account is credited.
(f) The Commission may use the credit in its account to bid, as any
other bidder, for excess or surplus Federal property to be sold in the
State of California in accordance with the applicable laws and
regulations of the Federal agency offering such property for sale. The
account shall be adjusted to reflect successful bids under this section
or payments or forfeited deposits, penalties, or other costs assessed
to the bidder in the course of such sales. In the event that the
balance in the account has not been reduced to zero by October 1, 2009,
there are authorized to be appropriated to the Secretary for payment to
the California State Lands Commission funds equivalent to the balance
remaining in the account as of October 1, 2009.
(g) As used in this section, the term ``Committees'' means the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
exchanges
Sec. 609. (a) Upon request of the holder of private lands
(hereafter in this section referred to as the ``landowner''), the
Secretary shall enter into negotiations for an agreement or agreements
to exchange Federal lands or interests therein on the list referred to
in subsection (b)(2) of this section for lands of the landowner or
interests therein which are located within the boundaries of one or
more of the wilderness areas or park units designated by this Act.
(b) Within six months after the date of enactment of this Act, the
Secretary shall send to the landowner and to the Committees a list of
the following:
(1) Lands of the landowner or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, in the following priority:
(A) Lands, including lands with mineral and
geothermal interests, which have the potential for
commercial development but which are not currently
under lease or producing Federal revenues.
(B) Federal lands managed by the Bureau of
Reclamation that the Secretary determines are not
needed for any Bureau of Reclamation project.
(C) Any public lands that the Secretary, pursuant
to the Federal Land Policy and Management Act of 1976,
has determined to be suitable for disposal through
exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for (A) an exchange
involving lands outside the State of California, (B) more than 5,000
acres of Federal land or interests therein in California, or (C)
Federal lands in any State valued at more than $5,000,000, the
Secretary shall provide to the Committees a detailed report of each
such land exchange agreement.
(2) All land exchange agreements shall be consistent with the
Federal Land Policy and Management Act of 1976.
(3) Any report submitted to the Committees under this subsection
shall include the following:
(A) A complete list and appraisal of the lands or interests
in land proposed for exchange.
(B) A complete list of the lands, if any, to be acquired by
the United States which contain any hazardous waste, toxic
waste, or radioactive waste which requires removal or remedial
action under Federal or State law, together with the estimated
costs of any such action.
(4) An agreement under this subsection shall not take effect unless
approved by a joint resolution enacted by the Congress.
(d) The Secretary shall provide the California State Lands
Commission with a one hundred eighty-day right of first refusal to
exchange for any Federal lands or interests therein, located in the
State of California, on the list referred to in subsection (b)(2). Any
lands with respect to which a right of first refusal is not noticed
within such period or exercised under this subsection shall be
available to the landowner for exchange in accordance with this
section.
(e) On January 3, 1999, the Secretary shall provide to the
Committees a list and appraisal consistent with the Federal Land Policy
and Management Act of 1976 of all private lands eligible for exchange
under this section for which an exchange has not been completed. With
respect to any of such lands for which an exchange has not been
completed by October 1, 2004 (hereafter in this section referred to as
``remaining lands''), the Secretary shall establish an account in the
name of each landowner (hereafter in this section referred to as the
``exchange account''). Upon the transfer of title by the landowner to
all or a portion of the remaining lands to the United States, the
Secretary shall credit the exchange account in the amount of the
appraised value of the transferred remaining lands at the time of such
transfer.
(f) The landowner may use the credit in its account to bid, as any
other bidder, for excess or surplus Federal property to be sold in the
State of California in accordance with the applicable laws and
regulations of the Federal agency offering such property for sale. The
account shall be adjusted to reflect successful bids under this section
or payments or forfeited deposits, penalties, or other costs assessed
to the bidder in the course of such sales. Upon approval by the
Secretary in writing, the credits in the landowner's exchange account
may be transferred or sold in whole or in part by the landowner to any
other party, thereby vesting such party with all the rights formerly
held by the landowner. The exchange account shall be adjusted to
reflect successful bids under this section or payments or forfeited
deposits, penalties, or other costs assessed to the bidder in the
course of such sales.
(g)(1) The Secretary shall not accept title pursuant to this
section to any lands unless such title includes all right, title, and
interest in and to the fee estate.
(2) Notwithstanding paragraph (1), the Secretary may accept title
to any subsurface estate where the United States holds title to the
surface estate.
(3) This subsection does not apply to easements and rights-of-way
for utilities or roads.
(h) In no event shall the Secretary accept title under this section
to lands which contain any hazardous waste, toxic waste, or radioactive
waste which requires removal or remedial action under Federal or State
law unless such remedial action has been completed prior to the
transfer.
(i) For purposes of the section, any appraisal shall be consistent
with the provisions of section 206 of the Federal Land Policy and
Management Act of 1976.
(j) As used in this section, the term ``Committees'' means the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
TITLE VII--DEFINITIONS AND AUTHORIZATION OF APPROPRIATIONS
definitions
Sec. 701. For the purposes of this Act:
(1) The term ``Secretary'', unless specifically designated
otherwise, means the Secretary of the Interior.
(2) The term ``public lands'' means any land and interest
in land owned by the United States and administered by the
Secretary of the Interior through the Bureau of Land
Management.
authorization of appropriations
Sec. 702. There are hereby authorized to be appropriated to the
National Park Service and Bureau of Land Management to carry out the
purposes of this Act an amount not to exceed $36,000,000 over and above
that provided in fiscal year 1994 for additional administrative and
construction costs over the fiscal year 1995-1999 period and
$300,000,000 for all land acquisition costs. No funds in excess of
these amounts may be used for construction, administration, or land
acquisition authorized under this Act without a specific authorization
in an Act of Congress enacted after the date of enactment of this Act.
land appraisal
Sec. 703. Lands and interests in lands acquired pursuant to this
Act shall be appraised without regard to the presence of a species
listed as threatened or endangered pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
TITLE VIII--CALIFORNIA MILITARY LANDS WITHDRAWAL
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the ``California
Military Lands Withdrawal and Overflights Act of 1994''.
(b) Findings.--The Congress finds that--
(1) the Federal lands within the desert regions of
California have provided essential opportunities for military
training, research, and development for the Armed Forces of the
United States and allied nations;
(2) alternative sites for military training and other
military activities carried out on Federal lands in the
California desert area are not readily available;
(3) while changing world conditions have lessened to some
extent the immediacy of military threats to the national
security of the United States and its allies, there remains a
need for military training, research, and development
activities of the types that have been carried out on Federal
lands in the California desert area; and
(4) continuation of existing military training, research,
and development activities, under appropriate terms and
conditions, is not incompatible with the protection and proper
management of the natural, environmental, cultural, and other
resources and values of the Federal lands in the California
desert area.
SEC. 802. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and except as
otherwise provided in this title, the Federal lands referred to in
paragraph (2), and all other areas within the boundary of such lands as
depicted on the map specified in such paragraph which may become
subject to the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing laws). Such lands are reserved
for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support; and
(D) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands,
located within the boundaries of the China Lake Naval Weapons Center,
comprising approximately 1,100,000 acres in Inyo, Kern, and San
Bernardino Counties, California, as generally depicted on a map
entitled ``China Lake Naval Weapons Center Withdrawal--Proposed'',
dated January 1985, and filed in accordance with section 803.
(b) Chocolate Mountain.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands referred
to in paragraph (2), and all other areas within the boundary of such
lands as depicted on the map specified in such paragraph which may
become subject to the operation of the public land laws, are hereby
withdrawn from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the geothermal
leasing laws). Such lands are reserved for use by the Secretary of the
Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
comprising approximately 226,711 acres in Imperial County, California,
as generally depicted on a map entitled ``Chocolate Mountain Aerial
Gunnery Range Proposed--Withdrawal'' dated July 1993 and filed in
accordance with section 803.
(c) El Centro Ranges.--(1) Subject to valid existing rights, and
except as otherwise provided in this title, the Federal lands referred
to in paragraph (2), and all other areas within the boundaries of such
lands as depicted on the map specified in such paragraph which may
become subject to the operation of the public land laws, are hereby
withdrawn from all forms of appropriation under the public land laws
(including the mining laws) but not the mineral or geothermal leasing
laws. Such lands are reserved for use by the Secretary of the Navy
for--
(A) defense-related purposes in accordance with the
Memorandum of Understanding dated June 29, 1987, between the
Bureau of Land Management, the Bureau of Reclamation, and the
Department of the Navy; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
comprising approximately 46,600 acres in Imperial County, California,
as generally depicted on a map entitled ``Exhibit A, Naval Air
Facility, El Centro, California, Land Acquisition Map, Range 2510 (West
Mesa) dated March 1993 and a map entitled ``Exhibit B, Naval Air
Facility, El Centro, California, Land Acquisition Map Range 2512 (East
Mesa)'' dated March 1993.
SEC. 803. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as practicable
after the date of enactment of this title, the Secretary of the
Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if they were included in this title
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
Office of the Director of the Bureau of Land Management, Washington,
District of Columbia; the Office of the Director, California State
Office of the Bureau of Land Management, Sacramento, California; the
office of the commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine Corps Air
Station, Yuma, Arizona; and the Office of the Secretary of Defense,
Washington, District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for the cost of implementing this section.
SEC. 804. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1) Except as
provided in subsection (g), during the period of the withdrawal the
Secretary of the Interior shall manage the lands withdrawn under
section 802 pursuant to the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this
Act.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 802 may be managed in a
manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions and
restrictions as may be necessary to permit the military use of such
lands for the purposes specified in or authorized pursuant to this
title.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary of the
Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy determines
that military operations, public safety, or national security require
the closure to public use of any road, trail, or other portion of the
lands withdrawn by this title, the Secretary may take such action as
the Secretary determines necessary or desirable to effect and maintain
such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the Navy determines are required to
carry out this subsection.
(3) Before and during any closure under this subsection, the
Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary of the Interior (after
consultation with the Secretary of the Navy) shall develop a plan for
the management of each area withdrawn under section 802 during the
period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall take
necessary precautions to prevent and suppress brush and range fires
occurring within and outside the lands withdrawn under section 802 as a
result of military activities and may seek assistance from the Bureau
of Land Management in the suppression of such fires. The memorandum of
understanding required by subsection (e) shall provide for Bureau of
Land Management assistance in the suppression of such fires, and for a
transfer of funds from the Department of the Navy to the Bureau of Land
Management as compensation for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the Interior
and the Secretary of the Navy shall (with respect to each land
withdrawal under section 802) enter into a memorandum of understanding
to implement the management plan developed under subsection (c). Any
such memorandum of understanding shall provide that the Director of the
Bureau of Land Management shall provide assistance in the suppression
of fires resulting from the military use of lands withdrawn under
section 802 if requested by the Secretary of the Navy.
(2) The duration of any such memorandum shall be the same as the
period of the withdrawal of the lands under section 802.
(f) Additional Military Uses.--(1) Lands withdrawn by section 802
may be used for defense-related uses other than those specified in such
section. The Secretary of Defense shall promptly notify the Secretary
of the Interior in the event that the lands withdrawn by this title
will be used for defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional use or
uses involved, the proposed duration of such uses, and the extent to
which such additional military uses of the withdrawn lands will require
that additional or more stringent conditions or restrictions be imposed
on otherwise-permitted nonmilitary uses of the withdrawn land or
portions thereof.
(g) Management of China Lake.--(1) The Secretary of the Interior
may assign the management responsibility for the lands withdrawn under
section 802(a) to the Secretary of the Navy who shall manage such
lands, and issue leases, easements, rights-of-way, and other
authorizations, in accordance with this title and cooperative
management arrangements between the Secretary of the Interior and the
Secretary of the Navy. In the case that the Secretary of the Interior
assigns such management responsibility to the Secretary of the Navy
before the development of the management plan under subsection (c), the
Secretary of the Navy (after consultation with the Secretary of the
Interior) shall develop such management plan. Nothing in this title
shall affect geothermal leases issued by the Secretary of the Interior
prior to the date of enactment of this title or the responsibility of
the Secretary to administer and manage such leases consistent with the
provisions of this title.
(2) The Secretary of the Interior shall be responsible for the
issuance of any lease, easement, right-of-way, and other authorization
with respect to any activity which involves both the lands withdrawn
under section 802(a) and any other lands. Any such authorization shall
be issued only with the consent of the Secretary of the Navy and, to
the extent that such activity involves lands withdrawn under section
802(a), shall be subject to such conditions as the Secretary of the
Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to the
Secretary of the Interior an annual report on the status of the natural
and cultural resources and values of the lands withdrawn under section
802(a). The Secretary of the Interior shall transmit such report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands withdrawn
under section 802(a) and may utilize helicopters and motorized vehicles
for such purposes. Such management shall be in accordance with laws
applicable to such management on public lands and with an appropriate
memorandum of understanding between the Secretary of the Interior and
the Secretary of the Navy.
(5) Neither this Act nor any other provision of law shall be
construed to prohibit the Secretary of the Interior from issuing and
administering any lease for the development and utilization of
geothermal steam and associated geothermal resources on the lands
withdrawn under section 802(a) pursuant to the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) and other applicable law, but no such
lease shall be issued without the concurrence of the Secretary of the
Navy.
(6) This title shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section 2689
of title 10, United States Code, except that the Secretary of the Navy
shall obtain the concurrence of the Secretary of the Interior before
taking action under that section with respect to the lands withdrawn
under section 802(a).
(7) Upon the expiration of the withdrawal made by subsection (a) of
section 802 or relinquishment of the lands withdrawn by that
subsection, Navy contracts for the development of geothermal resources
at China Lake then in effect (including amendments or renewals by the
Navy after the date of enactment of this Act) shall remain in effect:
Provided, That the Secretary of the Interior, with the consent of the
Secretary of the Navy, may offer to substitute a standard geothermal
lease for any such contract.
(h) Management of El Centro Ranges.--To the extent consistent with
this title, the lands and minerals within the areas described in
section 802(c) shall be managed in accordance with the Cooperative
Agreement entered into between the Bureau of Land Management, Bureau of
Reclamation, and the Department of the Navy, dated June 29, 1987.
SEC. 805. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawal and reservation established by this
title shall terminate 15 years after the date of enactment of this Act.
(b) Draft Environmental Impact Statement.--No later than 12 years
after the date of enactment of this Act, the Secretary of the Navy
shall publish a draft environmental impact statement concerning
continued or renewed withdrawal of any portion of the lands withdrawn
by this title for which that Secretary intends to seek such continued
or renewed withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such a draft
environmental impact statement. Prior to the termination date specified
in subsection (a), the Secretary of the Navy shall hold a public
hearing on any draft environmental impact statement published pursuant
to this subsection. Such hearing shall be held in the State of
California in order to receive public comments on the alternatives and
other matters included in such draft environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by this
title may not be extended or renewed except by an Act or joint
resolution.
SEC. 806. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals made by
this title, the Secretary of the Navy, to the extent funds are made
available, shall maintain a program of decontamination of lands
withdrawn by this title at least at the level of decontamination
activities performed on such lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits to the
Congress the President's proposed budget for the first fiscal year
beginning after the date of enactment of this Act and for each
subsequent fiscal year, the Secretary of the Navy shall transmit to the
Committees on Appropriations, Armed Services, and Energy and Natural
Resources of the Senate and to the Committees on Appropriations, Armed
Services, and Natural Resources of the House of Representatives a
description of the decontamination efforts undertaken during the
previous fiscal year on such lands and the decontamination activities
proposed for such lands during the next fiscal year including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full decontamination of
such lands and the estimate of the time to complete such
decontamination.
SEC. 807. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior to the
termination of the withdrawal and reservation established by this
title, the Secretary of the Navy shall advise the Secretary of the
Interior as to whether or not the Secretary of the Navy will have a
continuing military need for any of the lands withdrawn under section
802 after the termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will be a
continuing military need for any of such lands after the termination
date, the Secretary shall file an application for extension of the
withdrawal and reservation of such needed lands in accordance with the
regulations and procedures of the Department of the Interior applicable
to the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the Navy decides to relinquish all or any of the lands
withdrawn and reserved by this title, the Secretary shall file a notice
of intention to relinquish with the Secretary of the Interior.
(b) Contamination.--(1) Before transmitting a notice of intention
to relinquish pursuant to subsection (a), the Secretary of Defense,
acting through the Department of Navy, shall prepare a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of such determination shall be transmitted with the
notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and the
determination concerning the contaminated state of the lands shall be
published in the Federal Register by the Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is contaminated,
and the Secretary of the Interior, in consultation with the Secretary
of the Navy, determines that decontamination is practicable and
economically feasible (taking into consideration the potential future
use and value of the land) and that upon decontamination, the land
could be opened to operation of some or all of the public land laws,
including the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are appropriated for
such purpose.
(d) Alternatives.--If the Secretary of the Interior, after
consultation with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice of
intention to relinquish pursuant to subsection (a) is not practicable
or economically feasible, or that the land cannot be decontaminated
sufficiently to be opened to operation of some or all of the public
land laws, or if Congress does not appropriate a sufficient amount of
funds for the decontamination of such land, the Secretary of the
Interior shall not be required to accept the land proposed for
relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this title which have been
proposed for relinquishment, or if at the expiration of the withdrawal
made by this title the Secretary of the Interior determines that some
of the lands withdrawn by this title are contaminated to an extent
which prevents opening such contaminated lands to operation of the
public land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands and
any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands except
in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
subsection.
(f) Revocation Authority.--Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it is in the
public interest to accept jurisdiction over lands proposed for
relinquishment pursuant to subsection (a), is authorized to revoke the
withdrawal and reservation established by this title as it applies to
such lands. Should the decision be made to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in the Federal
Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
SEC. 808. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or the
Secretary of the Navy under this title may be delegated.
(b) Interior.--The functions of the Secretary of the Interior under
this title may be delegated, except that an order described in section
807(f) may be approved and signed only by the Secretary of the
Interior, the Under Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
SEC. 809. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this
title shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code.
SEC. 810. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injury or damage to
persons or property suffered in the course of any geothermal leasing or
other authorized nonmilitary activity conducted on lands described in
section 802 of this title.
SEC. 811. MILITARY OVERFLIGHTS.
(a) Effect of Act.--(1) Nothing in this Act shall be construed to--
(A) restrict or preclude continuation of low-level military
overflights, including those on existing flight training
routes; or
(B) affect the designation of new units of special airspace
or the establishment of new flight training routes,
over the lands designated by this Act for inclusion within new or
expanded units of the National Park System or National Wilderness
Preservation System.
(2) Nothing in this Act shall be construed as requiring revision of
existing policies or procedures applicable to the designation of units
of special airspace or the establishment of flight training routes over
any Federal lands affected by this Act.
(b) Monitoring.--The Secretary of the Interior and the Secretary of
Defense shall monitor the effects of military overflights on the
resources and values of the units of the National Park System and
National Wilderness Preservation System designated or expanded by this
Act, and shall attempt, consistent with national security needs, to
resolve concerns related to such overflights and to avoid or minimize
adverse impacts on resources and values and visitor safety associated
with such overflight activities.
SEC. 812. TERMINATION OF PRIOR RECLAMATION WITHDRAWALS.
Except to the extent that existing Bureau of Reclamation
withdrawals of public lands were identified for continuation in Federal
Register Notice Document 92-4838 (57 Federal Register 7599, March 3,
1992), as amended by Federal Register Correction Notices (57 Federal
Register 19135, May 4, 1992; 57 Federal Register 19163, May 4, 1992;
and 58 Federal Register 30181, May 26, 1993), all existing Bureau of
Reclamation withdrawals made by Secretarial Orders and Public Land
Orders affecting public lands and Indian lands located within the
California Desert Conservation Area established pursuant to section 601
of the Federal Land Policy and Management Act of 1976 are hereby
terminated.
TITLE IX--BUY AMERICAN ACT
SEC. 901. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available in this Act may be expended in
violation of sections 2 through 4 of the Act of March 3, 1933 (41
U.S.C. 10a-10c, popularly known as the ``Buy American Act''), which are
applicable to those funds.
TITLE X--PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Bodie Protection Act of 1994''.
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the historic Bodie gold mining district in the State of
California is the site of the largest and best preserved
authentic ghost town in the western United States;
(2) the Bodie Bowl area contains important natural,
historical, and aesthetic resources;
(3) Bodie was designated a National Historical Landmark in
1961 and a California State Historic Park in 1962, is listed on
the National Register of Historic Places, and is included in
the Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing
the local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore
and extract minerals: mining in the Bodie Bowl area may have
adverse physical and aesthetic impacts on Bodie's historical
integrity, cultural values, and ghosttown character as well as
on its recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the
Secretary of the Interior to protect the ghosttown character,
ambience, historic buildings, and scenic attributes of the town
of Bodie and nearby areas;
(7) the California State Legislature also requested the
Secretary, if necessary to protect the Bodie Bowl area, to
withdraw the Federal lands within the area from all forms of
mineral entry and patent;
(8) the National Park Service listed Bodie as a priority
one endangered National Historic Landmark in its fiscal year
1990 and 1991 report to Congress entitled ``Threatened and
Damaged National Historic Landmarks'' and recommended
protection of the Bodie area; and
(9) it is necessary and appropriate to provide that all
Federal lands within the Bodie Bowl area are not subject to
location, entry, and patent under the mining laws of the United
States, subject to valid existing rights, and to direct the
Secretary to consult with the Governor of the State of
California before approving any mining activity plan within the
Bodie Bowl.
SEC. 1003. DEFINITIONS.
For purposes of this title:
(1) The term ``Bodie Bowl'' means the Federal lands and
interests in lands within the area generally depicted on the
map referred to in section 1004(a).
(2) The term ``mineral activities'' means any activity
involving mineral prospecting, exploration, extraction,
milling, beneficiation, processing, and reclamation.
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL LAWS.
(a) Restriction.--Subject to valid existing rights, after the date
of enactment of this title Federal lands and interests in lands within
the area generally depicted on the map entitled ``Bodie Bowl'' and
dated June 12, 1992, shall not be--
(1) open to the entry or location of mining and mill site
claims under the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970
(30 U.S.C. 100 and following), for lands within the Bodie Bowl;
and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Materials Act of
1947 (30 U.S.C. 601 and following).
Such map shall be on file and available for public inspection in the
Office of the Secretary, and appropriate offices of the Bureau of Land
Management and the National Park Service. As soon as practicable after
the date of enactment of this title, the Secretary shall publish a
legal description of the Bodie Bowl area in the Federal Register.
(b) Valid Existing Rights.--As used in this subsection, the term
``valid existing rights'' in reference to the general mining laws means
that a mining claim located on lands within the Bodie Bowl was properly
located and maintained under the general mining laws prior to the date
of enactment of this title, was supported by a discovery of a valuable
mineral deposit within the meaning of the general mining laws on the
date of enactment of this title, and that such claim continues to be
valid.
(c) Validity Review.--The Secretary shall undertake an expedited
program to determine the validity of all unpatented mining claims
located within the Bodie Bowl. The expedited program shall include an
examination of all unpatented mining claims, including those for which
a patent application has not been filed. If a claim is determined to be
invalid, the Secretary shall promptly declare the claim to be null and
void, except that the Secretary shall not challenge the validity of any
claim located within the Bodie Bowl for the failure to do assessment
work for any period after the date of enactment of this title. The
Secretary shall make a determination with respect to the validity of
each claim referred to under this subsection within 2 years after the
date of enactment of this title.
(d) Limitation on Patent Issuance.--
(1) Mining claims.--(A) After January 11, 1993, no patent
shall be issued by the United States for any mining claim
located under the general mining laws within the Bodie Bowl
unless the Secretary determines that, for the claim concerned--
(i) a patent application was filed with the
Secretary on or before such date; and
(ii) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and
30) for vein or lode claims and sections 2329, 2330,
2331, and 2333 of the Revised Statutes (30 U.S.C. 35,
36, 37) for placer claims were fully complied with by
that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mining claim, the holder of the
claim shall be entitled to the issuance of a patent in the same
manner and degree to which such claim holder would have been
entitled to prior to the enactment of this title, unless and
until such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
(2) Mill site claims.--(A) After January 11, 1993, no
patent shall be issued by the United States for any mill site
claim located under the general mining laws within the Bodie
Bowl unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the
Secretary on or before January 11, 1993; and
(ii) all requirements applicable to such patent
application were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mill site claim, the holder of the
claim shall be entitled to the issuance of a patent in the same
manner and degree to which such claim holder would have been
entitled to prior to the enactment of this title, unless and
until such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
SEC. 1005. MINERAL ACTIVITIES.
(a) In General.--Notwithstanding the last sentence of section
302(b) of the Federal Land Policy and Management Act of 1976, and in
accordance with this title and other applicable law, the Secretary
shall require that mineral activities be conducted in the Bodie Bowl so
as to--
(1) avoid adverse effects on the historic, cultural,
recreational and natural resource values of the Bodie Bowl; and
(2) minimize other adverse impacts to the environment.
(b) Restoration of Effects of Mining Exploration.--As soon as
possible after the date of enactment of this title, visible evidence or
other effects of mining exploration activity within the Bodie Bowl
conducted on or after September 1, 1988, shall be reclaimed by the
operator in accordance with regulations prescribed pursuant to
subsection (d).
(c) Annual Expenditures; Filing.--The requirements for annual
expenditures on unpatented mining claims imposed by Revised Statute
2324 (30 U.S.C. 28) shall not apply to any such claim located within
the Bodie Bowl. In lieu of filing the affidavit of assessment work
referred to under section 314(a)(1) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1744(a)(1)), the holder of any
unpatented mining or mill site claim located within the Bodie Bowl
shall only be required to file the notice of intention to hold the
mining claim referred to in such section 314(a)(1).
(d) Regulations.--The Secretary shall promulgate rules to implement
this section, in consultation with the Governor of the State of
California, within 180 days after the date of enactment of this title.
Such rules shall be no less stringent than the rules promulgated
pursuant to the Act of September 28, 1976 entitled ``An Act to provide
for the regulation of mining activity within, and to repeal the
application of mining laws to, areas of the National Park System, and
for other purposes'' (Public Law 94-429; 16 U.S.C. 1901-1912).
SEC. 1006. STUDY.
Beginning as soon as possible after the date of enactment of this
title, the Secretary of the Interior shall review possible actions to
preserve the scenic character, historical integrity, cultural and
recreational values, flora and fauna, and ghost town characteristics of
lands and structures within the Bodie Bowl. No later than 3 years after
the date of such enactment, the Secretary shall submit to the Committee
on Natural Resources of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate a report that discusses the results of such review and makes
recommendations as to which steps (including but not limited to
acquisition of lands or valid mining claims) should be undertaken in
order to achieve these objectives.
Amend the title so as to read: ``An Act to designate
certain lands in the California Desert as wilderness, to
establish the Death Valley and Joshua Tree National Parks and
the Mojave National Monument, and for other purposes.''.
Attest:
Clerk.
103d CONGRESS
2d Session
S. 21
_______________________________________________________________________
AMENDMENTS