[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2109 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2109

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2007

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

_______________________________________________________________________

                                 A BILL


 
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 Act may be cited as the ``California Desert 
and Mountain Heritage Act''.
    (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 TO SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 
                                MONUMENT

Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains 
                            National Monument.

         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 Addition.--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 1,950 acres, as generally depicted on the map entitled 
``Agua Tibia Proposed Wilderness, Bureau of Land Management and 
Cleveland National Forest'', 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 7,131 
acres, as generally depicted on the map entitled ``Cahuilla Mountain 
Proposed Wilderness, San Bernardino National Forest'', 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 21,540 
acres, as generally depicted on the map entitled ``South Fork San 
Jacinto Proposed Wilderness, San Bernardino National Forest'', 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 Addition.--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 3,300 acres, as generally depicted on the map 
entitled ``Santa Rosa Proposed Wilderness Additions'', is designated as 
wilderness and is incorporated in, and shall be deemed to be a part of, 
the Santa Rosa Wilderness designated by section 1019(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 16,700 acres, as generally depicted on the map entitled 
``Beauty Mountain Proposed Wilderness'', 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 Addition.--In accordance 
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
Joshua Tree National Park, comprising approximately 40,078 acres, as 
generally depicted on the map entitled ``Joshua Tree National Park 
Proposed Wilderness Additions'', 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 Addition.--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 3,760 acres, as generally depicted on the map 
entitled ``Orocopia Mountains Proposed Wilderness Additions'', 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).
    (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 20,320 acres, as generally depicted on the map 
entitled ``Palen/McCoy Proposed Wilderness Additions'', 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 24,080 acres, as generally depicted on the map entitled 
``Pinto Mountains Proposed Wilderness'', 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 14,480 acres, as generally depicted on the map 
entitled ``Chuckwalla Mountains Proposed Wilderness Additions'', 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 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.
    (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.

SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.

    (a) Designation of Potential Wilderness.--Certain land in the 
Joshua Tree National Park, comprising approximately 41,100 acres, as 
generally depicted on the map entitled ``Joshua Tree National Park 
Potential Wilderness Addition'', 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; or
            (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 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.

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 103, 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.
    (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 title 
        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. 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.
            (2) Revision and development of management plans.--Not 
        later than six months after the date of the enactment of this 
        Act, the Secretary shall amend the management plans that apply 
        to the Santa Rosa Mountain Wilderness and Agua Tibia 
        Wilderness, and prepare management plans for the Beauty 
        Mountain Wilderness, Cahuilla Mountain Wilderness, and South 
        Fork San Jacinto Wilderness Area, to authorize the Forest 
        Supervisors of the San Bernardino and Cleveland National 
        Forests and the Field Office Manager of the Palm Springs-South 
        Coast Field Office to take whatever appropriate actions in such 
        wilderness areas under their jurisdiction as are necessary for 
        fire prevention and watershed protection consistent with 
        wilderness values, including best management practices for fire 
        pre-suppression and fire suppression measures and techniques.
            (3) Incorporation into land management planning.--Any 
        special provisions contained in the management plans for the 
        wilderness areas referred to in paragraph (2) pursuant to such 
        paragraph shall be incorporated into the applicable management 
        plans for the San Bernardino National Forest, Cleveland 
        National Forest, or Palm Springs-South Coast Field Office, as 
        the case may be.
            (4) State or local agencies.--The Secretary may review, and 
        if appropriate, delegate by written agreement primary fire 
        fighting authority and related public safety activities to an 
        appropriate State or local agency.
    (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.--
            (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.
            (2) Access and use.--The Secretary shall ensure access to 
        the Cahuilla Mountain Wilderness by members of an Indian tribe 
        for traditional cultural and religious purposes. In 
        implementing this requirement, the Secretary, upon the request 
        of an Indian tribe, shall 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 
        and religious 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 (11 U.S.C. 1131 et seq.).
            (3) 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--
                    (A) 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; and
                    (B) is recognized as possessing powers of self-
                government.

              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, through a cooperative 
management agreement between the Secretary of Agriculture and the Agua 
Caliente Band of Cahuilla Indians.
    ``(  ) 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 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 lands identified as additions to the National Monument on 
the following maps:
            ``(1) The map entitled `Santa Rosa and San Jacinto 
        Mountains Addition, Santa Rosa Peak Area'.
            ``(2) The map entitled `Santa Rosa and San Jacinto 
        Mountains Addition, Snow Creek Area'.
            ``(3) The map entitled `Santa Rosa and San Jacinto 
        Mountains Addition, Tahquitz Peak Area'.
            ``(4) The map entitled `Santa Rosa and San Jacinto 
        Mountains Addition, Southeast Boundary Area'.''.
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