[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 848 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 848

  To designate a portion of the Otay Mountain region of California as 
                              wilderness.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 21, 1999

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To designate a portion of the Otay Mountain region of California as 
                              wilderness.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Otay Mountain Wilderness Act of 
1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the public land in the Otay Mountain region of 
        California is one of the last remaining pristine locations in 
        western San Diego County, California;
            (2) this rugged mountain adjacent to the United States-
        Mexico border is internationally known for having a diversity 
        of unique and sensitive plants;
            (3) this area plays a critical role in San Diego's multi-
        species conservation plan, a national model made for 
        maintaining biodiversity;
            (4) due to the proximity of the Otay Mountain region to the 
        international border, this area is the focus of important law 
        enforcement and border interdiction efforts necessary to 
        curtail illegal immigration and protect the area's wilderness 
        values; and
            (5) the illegal immigration traffic, combined with the 
        rugged topography, present unique fire management challenges 
        for protecting lives and resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Wilderness area.--The term ``Wilderness Area'' means 
        the Otay Mountain Wilderness designated by section 4.

SEC. 4. DESIGNATION.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), there is designated as wilderness and as a component of 
the National Wilderness Preservation System certain public land in the 
California Desert District of the Bureau of Land Management, 
California, comprising approximately 18,500 acres as generally depicted 
on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998.
    (b) Otay Mountain Wilderness.--The area designated under subsection 
(a) shall be known as the Otay Mountain Wilderness.

SEC. 5. MAP AND LEGAL DESCRIPTION.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, a map and a legal description for the Wilderness Area 
shall be filed by the Secretary with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description shall have the 
same force and effect as if included in this Act, except that the 
Secretary, as appropriate, may correct clerical and typographical 
errors in the map and legal description.
    (c) Availability.--The map and legal description for the Wilderness 
Area shall be on file and available for public inspection in the 
offices of the Director and California State Director of the Bureau of 
Land Management.
    (d) United States-Mexico Border.--In carrying out this section, the 
Secretary shall ensure that the southern boundary of the Wilderness 
Area is--
            (1) 100 feet north of the trail depicted on the map 
        referred to in subsection (a); and
            (2) not less than 100 feet from the United States-Mexico 
        international border.

SEC. 6. WILDERNESS REVIEW.

    All public land not designated as wilderness within the boundaries 
of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and 
the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by 
the Bureau of Land Management and reported to the Congress in 1991--
            (1) have been adequately studied for wilderness designation 
        under section 603 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1782); and
            (2) shall no longer be subject to the requirements 
        contained in section 603(c) of that Act pertaining to the 
        management of wilderness study areas in a manner that does not 
        impair the suitability of those areas for preservation as 
        wilderness.

SEC. 7. ADMINISTRATION OF WILDERNESS AREA.

    (a) In General.--Subject to valid existing rights and to subsection 
(b), the Wilderness Area shall be administered by the Secretary in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except 
that for the purposes of the Wilderness Area--
            (1) any reference in that Act to the effective date of that 
        Act shall be considered to be a reference to the effective date 
        of this Act; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of the Interior.
    (b) Border Enforcement, Drug Interdiction, and Wildland Fire 
Protection.--Because of the proximity of the Wilderness Area to the 
United States-Mexico international border, drug interdiction, border 
operations, and wildland fire management operations are common 
management actions throughout the area encompassing the Wilderness 
Area. This Act recognizes the need to continue such management actions 
so long as such management actions are conducted in accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such 
conditions as the Secretary considers appropriate.

SEC. 8. FURTHER ACQUISITIONS.

    Any land within the boundaries of the Wilderness Area that is 
acquired by the United States after the date of enactment of this Act 
shall--
            (1) become part of the Wilderness Area; and
            (2) be managed in accordance with this Act and other laws 
        applicable to wilderness areas.

SEC. 9. NO BUFFER ZONES.

    (a) In General.--The designation of the Wilderness Area by this Act 
shall not lead to the creation of protective perimeters or buffer zones 
outside the boundary of the Wilderness Area.
    (b) Nonwilderness Activities.--The fact that nonwilderness 
activities or uses can be seen or heard from areas within the 
Wilderness Area shall not, in and of itself, preclude nonwilderness 
activities or uses outside the boundary of the Wilderness Area.
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