[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Reported in Senate (RS)]






                                                      Calendar No. 1025
110th CONGRESS
  2d Session
                                H. R. 3682


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2008

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
To designate certain Federal lands in Riverside County, California, as 
wilderness, to designate certain river segments in Riverside County as 
 a wild, scenic, or recreational river, to adjust the boundary of the 
 Santa Rosa and San Jacinto Mountains National Monument, 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; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``California 
Desert and Mountain Heritage Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
         TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino 
                            National Forests, Joshua Tree National 
                            Park, and Bureau of Land Management land in 
                            Riverside County, California.
Sec. 103. Joshua Tree National Park potential wilderness.
Sec. 104. Administration of wilderness.
              TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

Sec. 201. Wild and scenic river designations, Riverside County, 
                            California.
 TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 
                  JACINTO MOUNTAINS NATIONAL MONUMENT

Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains 
                            National Monument.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto 
                            Mountains National Monument Act of 2000.

         TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

SEC. 101. DEFINITION OF SECRETARY.

    In this title, 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. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO 
              NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU 
              OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.

    (a) Agua Tibia Wilderness Additions.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland 
National Forest and certain land administered by the Bureau of Land 
Management in Riverside County, California, together comprising 
approximately 2,053 acres, as generally depicted on the map titled 
``Proposed Addition to Agua Tibia Wilderness'', and dated May 9, 2008, 
is designated as wilderness and is incorporated in, and shall be deemed 
to be a part of, the Agua Tibia Wilderness designated by section 2(a) 
of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
    (b) Cahuilla Mountain Wilderness.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San 
Bernardino National Forest, California, comprising approximately 5,585 
acres, as generally depicted on the map titled ``Cahuilla Mountain 
Proposed Wilderness'', and dated May 1, 2008, is designated as 
wilderness and, therefore, as a component of the National Wilderness 
Preservation System, which shall be known as the ``Cahuilla Mountain 
Wilderness''.
    (c) South Fork San Jacinto Wilderness.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San 
Bernardino National Forest, California, comprising approximately 20,217 
acres, as generally depicted on the map titled ``South Fork San Jacinto 
Proposed Wilderness'', and dated May 1, 2008, is designated as 
wilderness and, therefore, as a component of the National Wilderness 
Preservation System, which shall be known as the ``South Fork San 
Jacinto Wilderness''.
    (d) Santa Rosa Wilderness Additions.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San 
Bernardino National Forest, California, and certain land administered 
by the Bureau of Land Management in Riverside County, California, 
comprising approximately 2,149 acres, as generally depicted on the map 
titled ``Santa Rosa-San Jacinto National Monument Expansion and Santa 
Rosa Wilderness Addition'', and dated March 12, 2008, is designated as 
wilderness and is incorporated in, and shall be deemed to be a part of, 
the Santa Rosa Wilderness designated by section 101(a)(28) of Public 
Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by 
paragraph (59) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 
U.S.C. 1132 note).
    (e) Beauty Mountain Wilderness.--In accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau 
of Land Management in Riverside County, California, comprising 
approximately 15,621 acres, as generally depicted on the map titled 
``Beauty Mountain Proposed Wilderness'', and dated April 3, 2007, is 
designated as wilderness and, therefore, as a component of the National 
Wilderness Preservation System, which shall be known as the ``Beauty 
Mountain Wilderness''.
    (f) Joshua Tree National Park Wilderness Additions.--In accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
Joshua Tree National Park, comprising approximately 36,700 acres, as 
generally depicted on the map numbered 156/80,055, and titled ``Joshua 
Tree National Park Proposed Wilderness Additions'', and dated March 
2008, is designated as wilderness and is incorporated in, and shall be 
deemed to be a part of, the Joshua Tree Wilderness designated by 
section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note).
    (g) Orocopia Mountains Wilderness Additions.--In accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered 
by the Bureau of Land Management in Riverside County, California, 
comprising approximately 4,635 acres, as generally depicted on the map 
titled ``Orocopia Mountains Proposed Wilderness Addition'', and dated 
May 8, 2008, is designated as wilderness and is incorporated in, and 
shall be deemed to be a part of, the Orocopia Mountains Wilderness as 
designated by paragraph (44) of section 102 of Public Law 103-433 (108 
Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries 
established by this subsection in Township 7 South <DELETED>are 
intended to</DELETED> exclude--
            (1) a corridor 250 feet north of the centerline of the 
        Bradshaw Trail;
            (2) a corridor 250 feet from both sides of the centerline 
        of the vehicle route in the unnamed wash that flows between the 
        Eagle Mountain Railroad on the south and the existing Orocopia 
        Mountains Wilderness boundary; and
            (3) a corridor 250 feet from both sides of the centerline 
        of the vehicle route in the unnamed wash that flows between the 
        Chocolate Mountain Aerial Gunnery Range on the south and the 
        existing Orocopia Mountains Wilderness boundary.
    (h) Palen/McCoy Wilderness Additions.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by 
the Bureau of Land Management in Riverside County, California, 
comprising approximately 22,645 acres, as generally depicted on the map 
titled ``Palen-McCoy Proposed Wilderness Additions'', and dated May 8, 
2008, is designated as wilderness and is incorporated in, and shall be 
deemed to be a part of, the Palen/McCoy Wilderness as designated by 
paragraph (47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16 
U.S.C. 1132 note).
    (i) Pinto Mountains Wilderness.--In accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau 
of Land Management in Riverside County, California, comprising 
approximately 24,404 acres, as generally depicted on the map titled 
``Pinto Mountains Proposed Wilderness'', and dated February 21, 2008, 
is designated as wilderness and, therefore, as a component of the 
National Wilderness Preservation System, which shall be known as the 
``Pinto Mountains Wilderness''.
    (j) Chuckwalla Mountains Wilderness Additions.--In accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered 
by the Bureau of Land Management in Riverside County, California, 
comprising approximately 12,815 acres, as generally depicted on the map 
titled ``Chuckwalla Mountains Proposed Wilderness Addition'', and dated 
May 8, 2008, is designated as wilderness and is incorporated in, and 
shall be deemed to be a part of the Chuckwalla Mountains Wilderness as 
designated by paragraph (12) of section 102 of Public Law 103-433 (108 
Stat. 4472; 16 U.S.C. 1132 note).
    (k) Maps and Descriptions.--
            (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 and wilderness 
        addition designated by this section with the Committee on 
        Natural Resources of the House of Representatives and 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 title, 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.
<DELETED>    (l) Utility Facilities and Corridors.--The wilderness 
areas and wilderness additions designated by this section are intended 
to exclude rights of way for existing utility facilities, such as 
power, gas, and telecommunications lines, and associated structures and 
access roads, and existing designated utility corridors. Nothing in 
this section or the Wilderness Act shall be construed to prohibit 
construction, operation, and maintenance, using standard industry 
practices, of existing utility facilities located outside of the 
wilderness areas and wilderness additions designated by this 
section.</DELETED>
    (l) Utility Facilities.--Nothing in this Act prohibits the 
construction, operation, or maintenance, using standard industry 
practices, of existing utility facilities located outside of the 
wilderness areas and wilderness additions designated by this Act.

SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.

    (a) Designation of Potential Wilderness.--Certain land in the 
Joshua Tree National Park, comprising approximately 43,300 acres, as 
generally depicted on the map numbered 156/80,055, and titled ``Joshua 
Tree National Park Proposed Wilderness Additions'', and dated March 
2008, is designated potential wilderness and shall be managed by the 
Secretary of the Interior insofar as practicable as wilderness until 
such time as the land is designated as wilderness pursuant to 
subsection (b).
    (b) Designation as Wilderness.--The land designated potential 
wilderness by subsection (a) shall be designated as wilderness and 
incorporated in, and be deemed to be a part of, the Joshua Tree 
Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat. 
2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary 
of the Interior in the Federal Register of a notice that--
            (1) all uses of the land within the potential wilderness 
        prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have 
        ceased; and
            (2) sufficient inholdings within the boundaries of the 
        potential wilderness have been acquired to establish a 
        manageable wilderness unit.
    (c) Map and Description.--
            (1) In general.--As soon as practicable after the date on 
        which the notice required by subsection (b) is published in the 
        Federal Register, the Secretary shall file a map and legal 
        description of the land designated as wilderness and potential 
        wilderness by this section with the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this title, 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.

SEC. 104. ADMINISTRATION OF WILDERNESS.

    (a) Management.--Subject to valid existing rights, the land 
designated as wilderness or as a wilderness addition by this title 
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 of that 
        Act shall be deemed to be a reference to--
                    (A) the date of the enactment of this Act; or
                    (B) in the case of the wilderness addition 
                designated by subsection (b) of section 513, the date 
                on which the notice required by such subsection is 
                published in the Federal Register; and
            (2) any reference in that Act to the Secretary of 
        Agriculture shall be deemed to be a reference to the Secretary 
        that has jurisdiction over the land.
    (b) Incorporation of Acquired Land and Interests.--Any land within 
the boundaries of a wilderness area or wilderness addition designated 
by this title 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 title, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
        applicable law.
    (c) Withdrawal.--Subject to valid rights in existence on the date 
of enactment of this Act, the land designated as wilderness by this 
title 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.
<DELETED>    (d) Fire Management and Related Activities.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may take such 
        measures in a wilderness area or wilderness addition designated 
        by this Act as are necessary for the control and prevention of 
        fire, insects, and diseases (including the use of prescribed 
        burning, priority treatments, or fuels reduction) in accordance 
        with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
        1133(d)(1)) and House Report 98-40 of the 98th 
        Congress.</DELETED>
        <DELETED>    (2) Funding priorities.--The designation of 
        wilderness areas and wilderness additions by this title is not 
        intended to alter the priorities afforded the land so 
        designated in allocating funds for fire and related fuels 
        management.</DELETED>
        <DELETED>    (3) Revision and development of local fire 
        management plans.--As soon as practicable after the date of the 
        enactment of this Act, the Secretary shall amend the local fire 
        management plans that apply to the Santa Rosa Wilderness and 
        Agua Tibia Wilderness, and prepare local fire management plans 
        for the Beauty Mountain Wilderness, Cahuilla Mountain 
        Wilderness, and South Fork San Jacinto Wilderness Area, to 
        identify appropriate local officials to take such actions in 
        the wilderness areas as are necessary for fire prevention and 
        watershed protection consistent with paragraph (1), including 
        best management practices for fire pre-suppression and fire 
        suppression measures and techniques.</DELETED>
        <DELETED>    (4) State or local agencies.--Consistent with 
        paragraph (1) and other applicable Federal law, the Secretary 
        may delegate by written agreement primary fire fighting 
        authority and related public safety activities to an 
        appropriate State or local agency.</DELETED>
    (d) Fire Management and Related Activities.--
            (1) In general.--The Secretary may take such measures in a 
        wilderness area or wilderness addition designated by this Act 
        as are necessary for the control of fire, insects, and diseases 
        in accordance with section 4(d)(1) of the Wilderness Act (16 
        U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.
            (2) Funding priorities.--Nothing in this Act limits funding 
        for fire and fuels management in the wilderness areas and 
        wilderness additions designated by this Act.
            (3) Revision and development of local fire management 
        plans.--As soon as practicable after the date of enactment of 
        this Act, the Secretary shall amend the local fire management 
        plans that apply to the land designated as a wilderness area or 
        wilderness addition by this Act.
            (4) Administration.--Consistent with paragraph (1) and 
        other applicable Federal law, to ensure a timely and efficient 
        response to fire emergencies in the wilderness areas and 
        wilderness additions designated by this Act, the Secretary 
        shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, establish agency approval 
                procedures (including appropriate delegations of 
                authority to the Forest Supervisor, District Manager, 
                or other agency officials) for responding to fire 
                emergencies; and
                    (B) enter into agreements with appropriate State or 
                local firefighting agencies.
    (e) Grazing.--Grazing of livestock in a wilderness area or 
wilderness addition designated by this title shall be administered in 
accordance with the provisions of section 4(d)(4) of the Wilderness Act 
(16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96-
617 to accompany H.R. 5487 of the 96th Congress.
    (f) Native American Uses and Interests.--
        <DELETED>    (1) Effect of designation.--Nothing in the 
        designation of the Cahuilla Mountain Wilderness by this title 
        affects the unique cultural artifacts and sacred sites of the 
        Indian tribes that are contained within that wilderness area, 
        as identified by Indian tribes and the Forest 
        Service.</DELETED>
            (2)</DELETED> (1) Access and use.--To the extent 
        practicable, the Secretary shall ensure access to the Cahuilla 
        Mountain Wilderness by members of an Indian tribe for 
        traditional cultural purposes. In implementing this subsection, 
        the Secretary, upon the request of an Indian tribe, may 
        temporarily close to the general public use of one or more 
        specific portions of the wilderness area in order to protect 
        the privacy of traditional cultural activities in such areas by 
        members of the Indian tribe. Any such closure shall be made to 
        affect the smallest practicable area for the minimum period 
        necessary for such purposes. 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 the Wilderness Act (<DELETED>11</DELETED>16 
        U.S.C. 1131 et seq.).
            <DELETED>(3)</DELETED>(2) Indian tribe defined.--In this 
        subsection, the term ``Indian tribe'' means any Indian tribe, 
        band, nation, or other organized group or community of Indians 
        which is recognized as eligible by the Secretary of the 
        Interior for the special programs and services provided by the 
        United States to Indians because of their status as Indians.

              TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, 
              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 new paragraphs:
    ``(_) North Fork San Jacinto River, California.--The following 
segments of the North Fork San Jacinto River in the State of 
California, to be administered by the Secretary of Agriculture:
            ``(A) The 2.12-mile segment from the source of the North 
        Fork San Jacinto River at Deer Springs in Mt. San Jacinto State 
        Park to the State Park boundary, as a wild river.
            ``(B) The 1.66-mile segment from the Mt. San Jacinto State 
        Park boundary to the Lawler Park boundary in section 26, 
        township 4 south, range 2 east, San Bernardino meridian, as a 
        scenic river.
            ``(C) The 0.68-mile segment from the Lawler Park boundary 
        to its confluence with Fuller Mill Creek, as a recreational 
        river.
            ``(D) The 2.15-mile segment from its confluence with Fuller 
        Mill Creek to .25 miles upstream of the 5S09 road crossing, as 
        a wild river.
            ``(E) The 0.6-mile segment from .25 miles upstream of the 
        5S09 Road crossing to its confluence with Stone Creek, as a 
        scenic river.
            ``(F) The 2.91-mile segment from the Stone Creek confluence 
        to the northern boundary of section 17, township 5 south, range 
        2 east, San Bernardino meridian, as a wild river.
    ``(_) Fuller Mill Creek, California.--The following segments of 
Fuller Mill Creek in the State of California, to be administered by the 
Secretary of Agriculture:
            ``(A) The 1.2-mile segment from the source of Fuller Mill 
        Creek in the San Jacinto Wilderness to the Pinewood property 
        boundary in section 13, township 4 south, range 2 east, San 
        Bernardino meridian, as a scenic river.
            ``(B) The 0.9-mile segment in the Pine Wood property, as a 
        recreational river.
            ``(C) The 1.4-mile segment from the Pinewood property 
        boundary in section 23, township 4 south, range 2 east, San 
        Bernardino meridian, to its confluence with the North Fork San 
        Jacinto River, as a scenic river.
    ``(_) Palm Canyon Creek, California.--The 8.1-mile segment of Palm 
Canyon Creek in the State of California from the southern boundary of 
section 6, township 7 south, range 5 east, San Bernardino meridian, to 
the San Bernardino National Forest boundary in section 1, township 6 
south, range 4 east, San Bernardino meridian, to be administered by the 
Secretary of Agriculture as a wild river, and the Secretary shall enter 
into a cooperative management agreement with the Agua Caliente Band of 
Cahuilla Indians to protect and enhance river values.
    ``(_) Bautista Creek, California.--The 9.8-mile segment of Bautista 
Creek in the State of California from the San Bernardino National 
Forest boundary in section 36, township 6 south, range 2 east, San 
Bernardino meridian, to the San Bernardino National Forest boundary in 
section 2, township 6 south, range 1 east, San Bernardino meridian, to 
be administered by the Secretary of Agriculture as a recreational 
river.''.

 TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 
                  JACINTO MOUNTAINS NATIONAL MONUMENT

SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS 
              NATIONAL MONUMENT.

    Section 2 of the Santa Rosa and San Jacinto Mountains National 
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 
431 note) is amended by adding at the end the following new subsection:
    ``(e) Expansion of Boundaries.--In addition to the land described 
in subsection (c), the boundaries of the National Monument shall 
include the following lands identified as additions to the National 
Monument on the map titled `Santa Rosa-San Jacinto National Monument 
Expansion and Santa Rosa Wilderness Addition', and dated March 12, 
2008:
            ``(1) The `Santa Rosa Peak Area Monument Expansion'.
            ``(2) The `Snow Creek Area Monument Expansion'.
            ``(3) The `Tahquitz Peak Area Monument Expansion'.
            ``(4) The `Southeast Area Monument Expansion', which is 
        designated as wilderness in section 512(d), and is thus 
        incorporated into, and shall be deemed part of, the Santa Rosa 
        Wilderness.''.

SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO 
              MOUNTAINS NATIONAL MONUMENT ACT OF 2000.

    Section 7(d) of the Santa Rosa and San Jacinto Mountains National 
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C. 
431 note) is amended by striking ``eight'' and inserting ``a majority 
of the appointed''.
                                                      Calendar No. 1025

110th CONGRESS

  2d Session

                               H. R. 3682

_______________________________________________________________________

                                 AN ACT

To designate certain Federal lands in Riverside County, California, as 
wilderness, to designate certain river segments in Riverside County as 
 a wild, scenic, or recreational river, to adjust the boundary of the 
 Santa Rosa and San Jacinto Mountains National Monument, and for other 
                               purposes.

_______________________________________________________________________

                           September 16, 2008

                        Reported with amendments