[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3069 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3069

To designate certain land as wilderness in the State of California, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2008

  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 land as wilderness 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 and Northern San 
Gabriel Wild Heritage Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Forest.--The term ``Forest'' means the Ancient 
        Bristlecone Pine Forest designated by section 9(a).
            (2) Recreation area.--The term ``Recreation Area'' means 
        the Bridgeport Recreation Area designated by section 7(a).
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to land under the jurisdiction of 
                the Secretary of Agriculture, the Secretary of 
                Agriculture; and
                    (B) with respect to land under the jurisdiction of 
                the Secretary of the Interior, the Secretary of the 
                Interior.
            (4) State.--The term ``State'' means the State of 
        California.
            (5) Trail.--The term ``Trail'' means the Pacific Crest 
        National Scenic Trail.

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 are designated as wilderness areas and as 
components of the National Wilderness Preservation System:
            (1) Hoover wilderness addition.--
                    (A) In general.--Certain land in the Humboldt-
                Toiyabe and Inyo National Forests, comprising 
                approximately 76,982 acres, as generally depicted on 
                the maps described in subparagraph (B), is incorporated 
                in, and shall be considered to be a part of, the Hoover 
                Wilderness.
                    (B) Description of maps.--The maps referred to in 
                subparagraph (A) are--
                            (i) the map entitled ``Hoover East Proposed 
                        Wilderness Addition'' and dated May 16, 2008;
                            (ii) the map entitled ``Hoover West 
                        Proposed Wilderness Addition'' and dated May 
                        16, 2008; and
                            (iii) the map entitled ``Bighorn Proposed 
                        Wilderness Addition'' and dated May 16, 2008.
                    (C) Effect.--The designation of the wilderness 
                under subparagraph (A)--
                            (i) shall not preclude operation and 
                        maintenance of the historic Piute Cabin, 
                        located in the western portion of the land 
                        described in that subparagraph, in the same 
                        manner in which the cabin is being operated and 
                        maintained as of the date of enactment of this 
                        Act; and
                            (ii) is not intended to restrict the 
                        ongoing activities of the adjacent United 
                        States Marine Corps Mountain Warfare Training 
                        Center on land outside the wilderness 
                        designated, in accordance with the agreement 
                        between the Center and the Humboldt-Toiyabe 
                        National Forest.
            (2) Emigrant wilderness addition.--Certain land in the 
        Humboldt-Toiyabe National Forest, comprising approximately 251 
        acres, as generally depicted on the map entitled ``Hoover West 
        Proposed Wilderness Addition'' and dated May 16, 2008, is 
        incorporated in, and shall be considered to be a part of, the 
        Emigrant Wilderness.
            (3) Owens river headwaters/ansel adams wilderness 
        addition.--Certain land in the Inyo National Forest, comprising 
        approximately 15,247 acres, as generally depicted on the map 
        entitled ``Owens River Headwaters Proposed Wilderness 
        Addition'' and dated May 16, 2008, is incorporated in, and 
        shall be considered to be a part of, the Ansel Adams 
        Wilderness.
            (4) John muir wilderness addition.--
                    (A) In general.--Certain land in the Inyo National 
                Forest and certain land administered by the Bureau of 
                Land Management in Inyo County, California, comprising 
                approximately 80,112 acres, as generally depicted on 
                the maps described in subparagraph (B), is incorporated 
                in, and shall be considered to be a part of, the John 
                Muir Wilderness.
                    (B) Description of maps.--The maps referred to in 
                subparagraph (A) are--
                            (i) the map entitled ``John Muir Proposed 
                        Additions 1 of 6'' and dated May 16, 2008;
                            (ii) the map entitled ``John Muir Proposed 
                        Additions 2 of 6'' and dated May 16, 2008;
                            (iii) the map entitled ``John Muir Proposed 
                        Additions 3 of 6'' and dated May 16, 2008;
                            (iv) the map entitled ``John Muir Proposed 
                        Additions 4 of 6'' and dated May 16, 2008;
                            (v) the map entitled ``John Muir Proposed 
                        Additions 5 of 6'' and dated May 16, 2008; and
                            (vi) the map entitled ``John Muir Proposed 
                        Additions 6 of 6'' and dated May 16, 2008.
                    (C) Boundary revision.--The boundary of the John 
                Muir Wilderness is revised to include the land depicted 
                on the map entitled ``John Muir Wilderness--Revised'' 
                and dated May 21, 2008.
            (5) White mountains wilderness.--
                    (A) In general.--Certain land in the Inyo National 
                Forest and certain land administered by the Bureau of 
                Land Management in Mono County, California, comprising 
                approximately 223,517 acres, as generally depicted on 
                the map entitled ``White Mountains Proposed 
                Wilderness'' and dated May 16, 2008, which shall be 
                known as the ``White Mountains Wilderness''.
                    (B) Effect on scientific research activities.--The 
                designation of the wilderness under subparagraph (A) 
                shall not affect the conduct of scientific research at 
                the White Mountain Research Station facilities operated 
                by the University of California.
            (6) Granite mountain wilderness.--Certain land administered 
        by the Bureau of Land Management in Mono County, California, 
        comprising approximately 35,564 acres, as generally depicted on 
        the map entitled ``Granite Mountain Proposed Wilderness'' and 
        dated May 16, 2008, which shall be known as the ``Granite 
        Mountain Wilderness''.
            (7) Magic mountain wilderness.--Certain land in the Angeles 
        National Forest, comprising approximately 13,709 acres, as 
        generally depicted on the map entitled ``Magic Mountain 
        Proposed Wilderness'' and dated May 16, 2008, which shall be 
        known as the ``Magic Mountain Wilderness''.
            (8) Pleasant view ridge wilderness.--Certain land in the 
        Angeles National Forest, comprising approximately 28,424 acres, 
        as generally depicted on the map entitled ``Pleasant View Ridge 
        Proposed Wilderness'' and dated May 16, 2008, which shall be 
        known as the ``Pleasant View Ridge Wilderness''.

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Management.--Subject to valid existing rights, the Secretary 
concerned shall administer the wilderness areas designated by this Act 
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 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 concerned.
    (b) Map and Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary concerned shall file a map 
        and legal description of each wilderness area designated by 
        this Act with--
                    (A) the Committee on Natural 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 concerned may 
        correct any errors in the map and legal description.
            (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate office of the Secretary 
        concerned.
    (c) Incorporation of Acquired Land and Interests.--Any land (or 
interest in land) within the boundary of a wilderness area designated 
by this Act that is acquired by the Federal Government 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 enactment of this Act, any Federal land designated as a wilderness 
area by this Act is withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under laws relating 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 a 
        wilderness area 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) the report of the Committee on Interior and 
                Insular Affairs of the House of Representatives to 
                accompany H.R. 1437 of the 98th Congress (H. Rept. 98-
                40).
            (2) Review of fire management activities.--Not later than 1 
        year after the date of enactment of this Act, the Secretary 
        concerned shall review existing policies applicable to the 
        wilderness areas designated by this Act to ensure that 
        authorized approval procedures for any fire management 
        activities allow for a timely and efficient response to fire 
        emergencies in the wilderness areas.
    (f) Access to Private Property.--The Secretary concerned shall 
provide any owner of private property within the boundary of a 
wilderness area designated by this Act adequate access to the property 
to ensure the reasonable use and enjoyment of the property by the 
owner.
    (g) Military Activities.--Nothing in this Act precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas designated by this Act;
            (2) the designation of new units of special airspace over 
        the wilderness areas designated by this Act; or
            (3) 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 relating to grazing in wilderness areas designated 
by this Act, if established before the date of 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 
        concerned may carry out management activities to maintain or 
        restore fish and wildlife populations and fish and wildlife 
        habitats in wilderness areas designated by this Act if the 
        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 with respect to fish and wildlife on 
        public land located in the State.
    (j) Horses.--Nothing in this Act precludes horseback riding in, or 
the entry of recreational or commercial saddle or pack stock into, an 
area designated as wilderness by this Act--
            (1) in accordance with section 4(d)(5) of the Wilderness 
        Act (16 U.S.C. 1133(d)(5)); and
            (2) subject to any terms and conditions determined to be 
        necessary by the Secretary concerned.

SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for purposes of section 603 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
any portion of a wilderness study area described in subsection (b) that 
is not designated as wilderness by this Act or any other Act enacted 
before the date of enactment of this Act has been adequately studied 
for wilderness.
    (b) Description of Study Areas.--The study areas referred to in 
subsection (a) are--
            (1) the Masonic Mountain Wilderness Study Area;
            (2) the Mormon Meadow Wilderness Study Area;
            (3) the Walford Springs Wilderness Study Area; and
            (4) the Granite Mountain Wilderness Study Area.
    (c) Release.--Any portion of a wilderness study area described in 
subsection (b) that is not designated as wilderness by this Act or any 
other Act enacted before the date of enactment of this Act shall not be 
subject to section 603(c) of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1782(c)).

SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.

    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:
            ``(171) Amargosa river, california.--The following segments 
        of the Amargosa River in the State of California, to be 
        administered by the Secretary of the Interior:
                    ``(A) The approximately 4.1-mile segment of the 
                Amargosa River from the northern boundary of sec. 7, T. 
                21 N., R. 7 E., to 100 feet upstream of the Tecopa Hot 
                Springs road crossing, as a scenic river.
                    ``(B) The approximately 8-mile segment 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 7.9-mile segment of the 
                Amargosa River from the northern boundary of sec. 16, 
                T. 20 N., R. 7 E., to .25 miles upstream of the 
                confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 
                E., as a wild river.
                    ``(D) The approximately 4.9-mile segment of the 
                Amargosa River from .25 miles upstream of the 
                confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 
                E. to 100 feet upstream of the Dumont Dunes access road 
                crossing in sec. 32, T. 19 N., R. 7 E., as a 
                recreational river.
                    ``(E) The approximately 1.4-mile segment of the 
                Amargosa River from 100 feet downstream of the Dumont 
                Dunes access road crossing in sec. 32, T. 19 N., R. 7 
                E., as a recreational river.
            ``(172) Owens river headwaters, california.--The following 
        segments of the Owens River in the State of California to be 
        administered by the Secretary of the Interior:
                    ``(A) The 2.3-mile segment of Deadman Creek from 
                the 2-forked source east of San Joaquin Peak to the 
                confluence with the unnamed tributary flowing north 
                into Deadman Creek from sec. 12, T. 3 S., R. 26 E., as 
                a wild river.
                    ``(B) The 2.3-mile segment of Deadman Creek from 
                the unnamed tributary confluence in sec. 12, T. 3 S., 
                R. 26 E., to the Road 3S22 crossing, as a scenic river.
                    ``(C) The 4.1-mile segment of Deadman Creek from 
                the road 3S22 crossing to .25 miles downstream of the 
                Highway 395 crossing, as a recreational river.
                    ``(D) The 3-mile segment of Deadman Creek from .25 
                miles downstream of the highway 395 crossing to 100 
                feet upstream of Big Springs, as a scenic river.
                    ``(E) The 1-mile segment of the Upper Owens River 
                from 100 feet upstream of Big Springs to the private 
                property boundary in sec. 19, T. 2 S., R. 28 E., as a 
                recreational river.
                    ``(F) The 4-mile segment of Glass Creek from its 2-
                forked source to 100 feet upstream of the Glass Creek 
                Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 
                E., as a wild river.
                    ``(G) The 1.3-mile segment of Glass Creek from 100 
                feet upstream of the trailhead parking area in sec. 29 
                to the end of the Glass Creek road in sec. 21, T. 2 S., 
                R. 27 E., as a scenic river.
                    ``(H) The 1.1-mile segment of Glass Creek from the 
                end of Glass Creek road in sec. 21, T. 2 S., R. 27 E., 
                to the confluence with Deadman Creek, as a recreational 
                river.
            ``(173) Piru creek, california.--
                    ``(A) In general.--The following segments of Piru 
                Creek in the State of California to be administered by 
                the Secretary of Agriculture:
                            ``(i) The 3-mile segment of Piru Creek from 
                        0.5 miles downstream of Pyramid Dam at the 
                        first bridge crossing to the boundary of the 
                        Sespe Wilderness, as a recreational river.
                            ``(ii) The 4.25-mile segment from the 
                        boundary of the Sespe Wilderness to the 
                        boundary between Los Angeles and Ventura 
                        Counties, as a wild river.
                    ``(B) Limitation.--Nothing in this paragraph 
                precludes or limits the State of California, the 
                Department of Water Resources of the State of 
                California, the United Water Conservation District, and 
                other governmental entities from releasing water from 
                Pyramid Lake into Piru Creek for conveyance and 
                delivery to Lake Piru for the water conservation 
                purposes of the United Water Conservation District.''.

SEC. 7. BRIDGEPORT WINTER RECREATION AREA.

    (a) Designation.--The approximately 7,680 acres of land in the 
Humboldt-Toiyabe National Forest, as generally depicted on the map 
entitled ``Bridgeport Winter Recreation Area'' and dated May 20, 2008, 
is designated as the Bridgeport Winter Recreation Area.
    (b) Map and Boundary Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary concerned shall file with 
        the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a map and boundary description of the 
        Recreation Area.
            (2) Force of law.--The map and boundary description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary concerned may 
        correct any errors in the map and boundary description.
            (3) Public availability.--The map and boundary description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in--
                    (A) the office of the Chief of the Forest Service; 
                and
                    (B) the office of the Forest Supervisor of the 
                Humboldt-Toiyabe National Forest.
    (c) Management.--
            (1) In general.--Except as provided in paragraph (2), the 
        Recreation Area shall be managed in accordance with the Toiyabe 
        National Forest Land and Resource Management Plan of 1986 (as 
        in effect on the day of enactment of this Act).
            (2) Use of snowmobiles.--The winter use of snowmobiles 
        shall be allowed in the Recreation Area--
                    (A) during periods of adequate snow coverage during 
                the winter season; and
                    (B) subject to any terms and conditions determined 
                to be necessary by the Secretary concerned.
    (d) Management Plan.--To ensure the sound management and 
enforcement of the Recreation Area, the Secretary concerned shall, not 
later than 1 year after the date of enactment of this Act, undergo a 
public process to develop a winter use management plan that provides 
for--
            (1) adequate signage;
            (2) a public education program on allowable usage areas;
            (3) measures to ensure adequate sanitation;
            (4) a monitoring and enforcement strategy; and
            (5) measures to ensure the protection of the Trail.
    (e) Enforcement.--The Secretary concerned shall prioritize 
enforcement activities in the Recreation Area--
            (1) to prohibit degradation of natural resources in the 
        Recreation Area;
            (2) to prevent interference with nonmotorized recreation on 
        the Trail; and
            (3) to reduce user conflicts in the Recreation Area.
    (f) Pacific Crest National Scenic Trail.--The Secretary concerned 
shall establish an appropriate snowmobile crossing point along the 
Trail in the area identified as ``Pacific Crest Trail Proposed Crossing 
Area'' on the map entitled ``Bridgeport Winter Recreation Area'' and 
dated May 20, 2008--
            (1) in accordance with--
                    (A) the National Trails System Act (16 U.S.C. 1241 
                et seq.); and
                    (B) any applicable environmental and public safety 
                laws; and
            (2) subject to the terms and conditions the Secretary 
        concerned determines to be necessary to ensure that the 
        crossing would not--
                    (A) interfere with the nature and purposes of the 
                Trail; or
                    (B) harm the surrounding landscape.

SEC. 8. MANAGEMENT OF HUMBOLDT-TOIYABE FOREST.

    Certain land in the Humboldt-Toiyabe National Forest, comprising 
approximately 3,200 acres identified as ``Area X'' on the map entitled 
``Humboldt-Toiyabe National Forest Proposed Management'' and dated May 
20, 2008, shall be managed in a manner consistent with the non-
Wilderness forest areas immediately surrounding Area X, including the 
allowance of snowmobile use.

SEC. 9. ANCIENT BRISTLECONE PINE FOREST.

    (a) Designation.--To conserve and protect the Ancient Bristlecone 
Pines by maintaining near-natural conditions and to ensure the survival 
of the Pines for the purposes of public enjoyment and scientific study, 
the approximately 28,991 acres of public land in the State, as depicted 
on the map entitled ``Ancient Bristlecone Pine Forest--Proposed'' and 
dated May 20, 2008, is designated as the ``Ancient Bristlecone Pine 
Forest''.
    (b) Map and Boundary Description.--
            (1) In general.--As soon as practicable, but not later than 
        3 years after the date of enactment of this Act, the Secretary 
        shall file a map and legal description of the Forest with the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives.
            (2) Force of law.--The map filed under paragraph (1) shall 
        have the same force and effect as if included in this Act.
            (3) Public availability.--The map filed under paragraph (1) 
        shall be on file and available for public inspection in--
                    (A) the office of the Chief of the Forest Service; 
                and
                    (B) the appropriate office of the Forest Service in 
                the State.
    (c) Management.--
            (1) In general.--The Secretary shall administer the 
        Forest--
                    (A) in a manner that--
                            (i) protect the resources and values of the 
                        area in accordance with the purposes for which 
                        the Forest is established, as described in 
                        subsection (a); and
                            (ii) promotes the objectives of the 
                        applicable management plan (as in effect on the 
                        date of enactment of this Act), including 
                        objectives relating to--
                                    (I) the protection of bristlecone 
                                pines for public enjoyment and 
                                scientific study;
                                    (II) the recognition of the 
                                botanical, scenic, and historical 
                                values of the area; and
                                    (III) the maintenance of near-
                                natural conditions by ensuring that all 
                                activities are subordinate to the needs 
                                of protecting and preserving 
                                bristlecone pines and wood remnants; 
                                and
                    (B) in accordance with the National Forest 
                Management Act of 1976 (16 U.S.C. 1600 et seq.), this 
                section, and any other applicable laws.
            (2) Uses.--
                    (A) In general.--The Secretary shall allow only 
                such uses of the Forest as the Secretary determines 
                would further the purposes for which the Forest is 
                established, as described in subsection (a).
                    (B) Scientific research.--Scientific research shall 
                be allowed in the Forest in accordance with the Inyo 
                National Forest Land and Resource Management Plan (as 
                in effect on the date of enactment of this Act).
            (3) Withdrawal.--Subject to valid existing rights, all 
        Federal land within the Forest is withdrawn from--
                    (A) all forms of entry, appropriation or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) disposition under all laws relating to mineral 
                and geothermal leasing.
            (4) Management plan.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                develop and submit to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Natural Resources of the House of Representatives a 
                comprehensive management plan for the Forest.
                    (B) Existing plans.--
                            (i) In general.--In developing the 
                        management plan under subparagraph (A), the 
                        Secretary shall incorporate management guidance 
                        for the Forest adopted in 1988 as part of the 
                        Inyo National Forest Land and Resource 
                        Management Plan regarding roads, trails, and 
                        facilities development, motor vehicle use, pest 
                        management, energy exploration, land 
                        acquisition, utilities placement, wildfire 
                        management, grazing, timber, riparian areas, 
                        hunting, and recreation.
                            (ii) Conflict of laws.--If there is a 
                        conflict between the provisions of this section 
                        and the provisions of the Inyo National Forest 
                        Land and Resource Management Plan (as in effect 
                        on the date of enactment of this Act), the more 
                        restrictive provisions shall control.
                                 <all>