[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.
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