[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5149 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5149
To maintain the rural heritage of the Eastern Sierra and enhance the
region's tourism economy by designating certain public lands as
wilderness and certain rivers as wild and scenic rivers in the State of
California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2006
Mr. McKeon introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To maintain the rural heritage of the Eastern Sierra and enhance the
region's tourism economy by designating certain public lands as
wilderness and certain rivers as wild and scenic rivers in the State of
California, and for other purposes.
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 ``Eastern Sierra Rural Heritage and
Economic Enhancement Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the
following areas in the State of California are designated as wilderness
areas and as components of the National Wilderness Preservation System:
(1) Hoover wilderness addition.--
(A) Designation.--Certain land in the Humboldt-
Toiyabe National Forest, comprising approximately
39,680 acres, as generally depicted as Area C on the
map entitled ``Hoover Proposed Wilderness Addition''
and dated August 8, 2005, is incorporated in, and shall
be deemed to be a part of the Hoover Wilderness as
designated by Public Law 88-577.
(B) Operation and maintenance of piute cabin.--The
designation under subparagraph (A) shall not preclude
operation and maintenance of the existing historic
Piute Cabin, located in the western portion of the
Hoover Wilderness Addition, in the same manner and
degree in which operation and maintenance of such cabin
were occurring as of the date of introduction of this
Act.
(C) No restriction on certain activities.--The
designation under subparagraph (A) is not intended to
restrict the ongoing activities of the adjacent United
States Marine Corps Mountain Warfare Training Center on
lands outside the wilderness under agreement with the
Secretary.
(2) Emigrant wilderness addition.--Certain land in the
Humboldt-Toiyabe National Forest, comprising approximately 640
acres, as generally depicted as Area D on the map entitled
``Hoover Proposed Wilderness Addition'' and dated August 8,
2005, is incorporated in, and which shall be deemed to be a
part of the Emigrant Wilderness as designated by Public Law 88-
577.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each area
designated as wilderness by this Act shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) except that--
(1) any reference in that Act to the effective date shall
be considered to be a reference to the date of the enactment 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 that has jurisdiction over the wilderness.
(b) Map and Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area designated by this
Act with--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
(c) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by this Act that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this Act, the Wilderness
Act (16 U.S.C. 1131 et seq.) and any other applicable law.
(d) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, the Federal land designated as wilderness
by this Act is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Fire, Insect, and Disease Management Activities.--
(1) In general.--The Secretary may take such measures in
the wilderness areas designated by this act as are necessary
for the control and prevention of fire, insects, and diseases,
in accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report No. 98-40 of the 98th Congress.
(2) Review.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall review existing
policies applicable to the wilderness areas designated by this
Act to ensure that authorized approval procedures for any fire
management measures allow a timely and efficient response to
fire emergencies in the wilderness areas.
(f) Snow Sensors and Stream Gauges.--If the Secretary determines
that hydrologic, meteorologic, or climatological instrumentation is
appropriate to further the scientific, educational, and conservation
purposes of the wilderness areas designated by this Act, nothing in the
Act shall prevent the installation and maintenance of the
instrumentation within the wilderness areas.
(g) Military Activities.--Nothing in this Act precludes low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(h) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing in the wilderness areas
designated by this Act, established before the date of the enactment of
this Act shall be permitted to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(i) Fish and Wildlife Management.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
carry out management activities to maintain or restore
populations and habitats for fish and wildlife in wilderness
areas designated by this Act if such activities are--
(A) consistent with applicable wilderness
management plans; and
(B) carried out in accordance with applicable
guidelines and policies.
(2) State jurisdiction.--Nothing in this Act affects the
jurisdiction of the State of California with respect to fish
and wildlife on public land.
(j) Adjacent Management.--
(1) In general.--Nothing in this Act creates protective
perimeters or buffer zones around the wilderness areas
designated by this Act.
(2) Non-wilderness activities.--The fact that non-
wilderness activities or uses can be seen or heard from areas
within a wilderness area designated by this Act shall not
preclude the conduct of those activities or uses outside the
boundary of the wilderness area.
SEC. 5. WILD AND SCENIC RIVER DESIGNATION.
(a) Designation of the Amargosa Wild and Scenic River,
California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``(167) Amargosa river, california.--The following segments
of the Amargosa River in the State of California, to be
administered by the Secretary of Interior:
``(A) The approximately 4.03 miles of the Amargosa
River from the northern boundary of section 7 T21N R7E
to 100 feet upstream of the Tecopa Hot Springs road
crossing, as a scenic river.
``(B) The approximately 6.69 miles of the Amargosa
River from 100 feet downstream of the Tecopa Hot
Springs Road crossing to 100 feet upstream of the Old
Spanish Trail Highway crossing near Tecopa, as a scenic
river.
``(C) The approximately 7.82 miles of the Amargosa
River from the northern boundary of section 16 T20N R7E
to the boundary of the Kingston Range Wilderness
excluding the Sperry Wash OHV corridor in section 10
T19N R7E, as a wild river.
``(D) The approximately 5.41 miles of the Amargosa
River from the boundary of the Kingston Range
Wilderness in section 10 T19N R7E to the southern
boundary of section 31 T19N R7E, as a recreational
river.''.
SEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE
NATIONAL FOREST.
There is authorized to be appropriated $2,000,000 annually to the
Secretary of Agriculture for management and enforcement of snowmobile
use in areas adjacent to the Hoover Wilderness Addition in the
Humboldt-Toiyabe National Forest.
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