[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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