[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4040

  To redesignate the Monterey Ranger District of Los Padres National 
 Forest in the State of California as the Big Sur Management Unit, to 
 transfer certain Bureau of Land Management land for inclusion in the 
  management unit, to adjust the boundaries of the Ventana and Silver 
Peak Wilderness Areas, to designate segments of Arroyo Seco River, Big 
Creek, Carmel River, San Antonio River, San Carpoforo Creek, and their 
   tributaries as components of the National Wild and Scenic Rivers 
                    System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2009

   Mr. Farr introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To redesignate the Monterey Ranger District of Los Padres National 
 Forest in the State of California as the Big Sur Management Unit, to 
 transfer certain Bureau of Land Management land for inclusion in the 
  management unit, to adjust the boundaries of the Ventana and Silver 
Peak Wilderness Areas, to designate segments of Arroyo Seco River, Big 
Creek, Carmel River, San Antonio River, San Carpoforo Creek, and their 
   tributaries as components of the National Wild and Scenic Rivers 
                    System, 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 ``Big Sur Forest 
Service Management Unit Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--BIG SUR MANAGEMENT UNIT

Sec. 101. Establishment of Big Sur Management Unit, Los Padres National 
                            Forest.
Sec. 102. Boundary delineation.
Sec. 103. Use of Brazil Ranch.
Sec. 104. Fire management and related activities in Big Sur Management 
                            Unit.
                 TITLE II--WILDERNESS AREA ADJUSTMENTS

Sec. 201. Findings and maps.
Sec. 202. Adjustments to boundaries of Ventana Wilderness Area, 
                            California.
Sec. 203. Adjustments to boundaries of Silver Peak Wilderness Area, 
                            California.
Sec. 204. Wilderness fire management and related activities.
Sec. 205. Repeal of Ventana land exchange authority.
   TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL 
                              DESIGNATIONS

Sec. 301. Wild and scenic river designations, Big Sur, California.
Sec. 302. Designation of Arroyo Seco-Indians Road as national 
                            recreational trail.
                        TITLE IV--BOTANICAL AREA

Sec. 401. Jeff Norman Botanical Area.

                    TITLE I--BIG SUR MANAGEMENT UNIT

SEC. 101. ESTABLISHMENT OF BIG SUR MANAGEMENT UNIT, LOS PADRES NATIONAL 
              FOREST.

    (a) Establishment.--There is hereby established the Big Sur 
Management Unit of Los Padres National Forest in the State of 
California, which shall replace the Monterey Ranger District of such 
National Forest.
    (b) Administration.--The Big Sur Management Unit shall be 
administered as part of Los Padres National Forest, except that the 
Secretary of Agriculture shall provide a separate line in the budget of 
Los Padres National Forest for the Management Unit to allow the 
Management Unit to receive funding to conduct activities and projects 
to meet its primary management emphasis. The establishment of the 
Management Unit does not require amendment of the land and resource 
management plan for Los Padres National Forest until the next regularly 
scheduled revision of the plan.
    (c) Management Emphasis.--The Big Sur Management Unit shall be 
managed in a manner consistent with the land and resource management 
plan for Los Padres National Forest, with primary management emphasis 
given to--
            (1) the protection of the scenic and natural values of the 
        Big Sur coast and the Northern Santa Lucia Mountains;
            (2) fish, wildlife, and native plant conservation; and
            (3) public recreation.

SEC. 102. BOUNDARY DELINEATION.

    (a) Boundaries.--The boundaries of the Big Sur Management Unit are 
as depicted on the map entitled ``Big Sur Management Unit, Los Padres 
National Forest December 2009'', which map shall be on file and 
available for public inspection in the Office of the Chief of the 
Forest Service.
    (b) Transfer of Bureau of Land Management Land.--The Secretary of 
the Interior shall transfer to the administrative jurisdiction of the 
Secretary of the Agriculture, for inclusion in the Big Sur Management 
Unit, all public lands administered by the Bureau of Land Management 
within the boundaries of the Big Sur Management Unit, as delineated on 
the map referred to in subsection (a).
    (c) Effect of Transfer on Existing Permits.--In the case of any 
permit or other land use authorization in effect, as of the transfer 
date under subsection (b), for any of the land transferred pursuant to 
such subsection, the Secretary of Agriculture shall administer the 
permit or other land use authorization according to the terms of the 
permit or other land use authorization. Upon expiration of such a 
permit or authorization, the Secretary of Agriculture may reauthorize 
the use covered by the permit or authorization under authorities 
available to the Secretary on such terms and conditions as the 
Secretary considers in the public interest.
    (d) Relation to Land and Water Conservation Fund Act.--For purposes 
of section 7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-9), the boundaries of Los Padres National Forest, as 
modified by this section, shall be considered to be boundaries of Los 
Padres National Forest, as of January 1, 1965.

SEC. 103. USE OF BRAZIL RANCH.

    (a) Cooperative Authorities.--The Secretary of Agriculture may 
lease or issue permits for the use of all or a part of the Big Sur 
coastal property known as the Brazil Ranch, which was acquired by the 
Secretary in 2000, to any person on such terms and conditions as the 
Secretary considers to be in the public interest.
    (b) Consideration.--The Secretary of Agriculture may accept 
consideration for a lease or permit under subsection (a) in the form of 
either of the following, or a combination thereof:
            (1) Construction, maintenance, and repair of structures of, 
        roads on, or improvements to, the Brazil Ranch.
            (2) Cash.
    (c) Disposition of Receipts.--Any amounts received as consideration 
for a lease or permit under subsection (a) shall be deposited into the 
fund established under Public Law 90-171 (commonly known as the Sisk 
Act; 16 U.S.C. 484a).
    (d) Use of Receipts.--The amounts deposited under subsection (c) 
shall be available to the Secretary of Agriculture, until expended and 
without further appropriation, for expenditure for the preservation, 
restoration, operation, maintenance, interpretation, and similar 
activities related to the Brazil Ranch, which may include establishment 
of an environmental center, and the management of the Big Sur 
Management Unit. Such amounts shall not be subject to transfer or 
reprogramming for wildland fire management or any other emergency 
purposes.

SEC. 104. FIRE MANAGEMENT AND RELATED ACTIVITIES IN BIG SUR MANAGEMENT 
              UNIT.

    (a) Fire Management Area in the Wildland Urban Interface.--The Big 
Sur Management Unit is hereby designated a Wildland Urban Interface 
Special Study Area. The Secretary of Agriculture shall make use of 
existing authority and resources to pioneer and demonstrate innovative 
fire pre-suppression methods that are consistent with public safety and 
wilderness values.
    (b) Development of Local Fire Management Plan.--Not later than one 
year after the date of enactment of this Act, the Secretary of 
Agriculture shall create a fire management plan that applies to the 
lands designated as the Big Sur Management Unit, and update that plan 
annually. This fire management plan shall be created in compliance with 
the National Environmental Policy Act of 1969.
    (c) Administration.--Consistent with subsection (a) and other 
applicable Federal law, to ensure a timely and efficient response to 
fire emergencies in the Big Sur Management Unit, the Secretary of 
Agriculture shall--
            (1) not later than one year after the date of enactment of 
        this Act, establish agency approval procedures (including 
        appropriate delegations of authority to the Forest Supervisor, 
        District Ranger, or other agency officials) for responding to 
        fire emergencies; and
            (2) enter into agreements with appropriate State or local 
        firefighting agencies.

                 TITLE II--WILDERNESS AREA ADJUSTMENTS

SEC. 201. FINDINGS AND MAPS.

    (a) Findings.--Congress finds that certain minor adjustments to the 
boundaries of the additions to the Ventana and Silver Peak Wilderness 
Areas made by section 2 of the Big Sur Wilderness and Conservation Act 
of 2002 (Public Law 107-370) will promote more effective management of 
wilderness and National Forest resources.
    (b) Revised Maps.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Agriculture shall prepare and 
make available for public inspection in the Office of the Chief of the 
Forest Service amended maps effecting the changes to wilderness 
boundaries of the Ventana and Silver Peak Wilderness Areas made by this 
title.

SEC. 202. ADJUSTMENTS TO BOUNDARIES OF VENTANA WILDERNESS AREA, 
              CALIFORNIA.

    (a) Exclusions.--The additions made to the Ventana Wilderness Area 
by section 2(a) of the Big Sur Wilderness and Conservation Act of 2002 
(Public Law 107-370; 16 U.S.C. 1132 note; 116 Stat. 3071) are modified 
as follows:
            (1) The San Antonio Addition is modified to exclude 
        portions of the Merle Ranch in sections 26 and 35 of township 
        21 south, range 5 east, which consists of approximately 145 
        acres as generally depicted on the map entitled ``Merle Ranch 
        Exclusion'' and dated May 29, 2008.
            (2) The Bear Canyon Addition is modified to exclude the 
        Santa Lucia Memorial Park Campground in section 7 of township 
        21 south, range 5 east, and to allow for a 300-foot buffer 
        around the perimeter of the campground, which consists of 
        approximately 23.917 acres as generally depicted on the map 
        entitled ``Bear Canyon PWA'' and dated March 14, 2007.
            (3) The Bear Canyon Addition is modified to exclude the 
        Santa Lucia Trailhead in section 7 of township 21 south, 5 
        east, and to allow for a 300-foot buffer around the perimeter 
        of the trailhead parking area, which consists of approximately 
        6.458 acres as generally depicted on the map referred to in 
        paragraph (2).
            (4) The Chalk Peak Addition is modified to impose a non-
        wilderness buffer for roads of 100 feet from the edge of the 
        road.
            (5) The Little Sur Addition is modified to exclude a 
        portion of section 12 of township 19 south, range 1 east, which 
        consists of approximately 14 acres as generally depicted on a 
        map entitled ``Little Sur Additions Boundary Adjustment'' and 
        dated February 1, 2009.
    (b) Additions.--
            (1) In general.--The lands described in paragraph (2) are 
        hereby designated as wilderness and, therefore, as components 
        of the National Wilderness Preservation System and are hereby 
        incorporated in and shall be deemed to be a part of the Ventana 
        Wilderness designated by Public Law 91-58 (16 U.S.C. 1132 note; 
        83 Stat. 101).
            (2) Covered land.--Paragraph (1) applies with respect to 
        the following:
                    (A) Certain lands comprising approximately 1,515 
                acres, as generally depicted on a map entitled ``Horse 
                Canyon Proposed Wilderness Addition to the Ventana 
                Wilderness'' and dated March 17, 2008.
                    (B) Certain lands comprising approximately 772 
                acres, as generally depicted on a map entitled ``Horse 
                Pasture Proposed Wilderness Addition'' and dated May 
                20, 2008.
    (c) Repeater Site.--Within the Ventana Wilderness, the Secretary of 
Agriculture may use helicopter access to construct and maintain a 
Forest Service telecommunications repeater site in the immediate 
vicinity of Pinyon Peak, in compliance with a Forest Service approved 
communications site plan, for the sole purpose of improving Forest 
Service communications for safety, health, and emergency services.

SEC. 203. ADJUSTMENTS TO BOUNDARIES OF SILVER PEAK WILDERNESS AREA, 
              CALIFORNIA.

    (a) Exclusions.--The additions made to the Silver Peak Wilderness 
Area by section 2(b) of the Big Sur Wilderness and Conservation Act of 
2002 (Public Law 107-370; 16 U.S.C. 1132 note; 116 Stat. 3072) are 
modified as follows:
            (1) The San Carpoforo Addition is modified to exclude the 
        Lottie Potero Campsite in section 18 of township 24 south, 
        range 7 east, and to allow for a 300-foot non-wilderness buffer 
        around the perimeter of the campsite, which consists of 
        approximately 6.458 acres as generally depicted on the map 
        titled ``San Carpoforo PWA'' and dated March 14, 2007.
            (2) The Willow Creek Addition is modified to exclude the 
        Miguel Campsite and access road in section 14 of township 23 
        south, range 5 east, to allow a 300-foot buffer of non-
        wilderness around the perimeter of the campsite, and to provide 
        the access road to Miguel Campsite with a non-wilderness buffer 
        of 100 feet from the edge of the road, which consists of 
        approximately 12.701 acres as generally depicted on the map 
        titled ``Willow Creek PWA'' and dated March 14, 2007.
            (3) The Willow Creek addition is modified to exclude the 
        Sycamore Campsite in section 28 of township 23 south, range 5 
        east, to allow a 300-foot buffer of non-wilderness buffer 
        around the perimeter of the campsite, and to provide Forest 
        Road 23S10J and the access road to Sycamore Campsite with a 
        non-wilderness buffer of 100 feet from the edge of the road, 
        which consists of approximately 23.580 acres as generally 
        depicted on the map titled ``Silver Peak Wilderness Proposed 
        Boundary Adjustment'' and dated October 9, 2007.
    (b) Additions.--Certain lands comprising approximately 42.7 acres, 
as generally depicted on a map entitled ``Alder Creek Proposed 
Wilderness Addition to the Silver Peak Wilderness'' and dated March 17, 
2008, are hereby designated as wilderness and, therefore, as a 
component of the National Wilderness Preservation System and are hereby 
incorporated in and shall be deemed to be a part of the Silver Peak 
Wilderness Area designated by section 2(7) of Public Law 102-301 (16 
U.S.C. 1132 note; 106 Stat. 243).

SEC. 204. WILDERNESS FIRE MANAGEMENT AND RELATED ACTIVITIES.

    (a) In General.--The Secretary of Agriculture may take such 
measures in a wilderness area or wilderness addition designated by this 
title as are necessary for the control of fire, insects, and diseases 
in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 
1133(d)(1)) and House Report 98-40 of the 98th Congress.
    (b) Funding Priorities.--Nothing in this Act limits funding for 
fire and fuels management in the Ventana and Silver Peak Wilderness 
Areas and wilderness additions designated by this title.

SEC. 205. REPEAL OF VENTANA LAND EXCHANGE AUTHORITY.

    Section 2 of Public Law 101-539 (16 U.S.C. 1132 note; 104 Stat. 
2377) is repealed.

   TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL 
                              DESIGNATIONS

SEC. 301. WILD AND SCENIC RIVER DESIGNATIONS, BIG SUR, CALIFORNIA.

    (a) Legal Effect of Designations.--For purposes of the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.), the rivers and land 
adjacent thereto described in this section in the State of California 
are designated as components of the national wild and scenic rivers 
system and shall be administered by the Secretary of Agriculture in 
accordance with such Act.
    (b) Arroyo Seco River, California.--The following segments of the 
Arroyo Seco River and its tributaries are designated as follows:
            (1) The 3.68-mile segment of the Arroyo Seco River from the 
        source of the Arroyo Seco River to the Ventana Wilderness 
        boundary, as a wild river.
            (2) The .5-mile segment of the Arroyo Seco River from the 
        Ventana Wilderness boundary to the confluence with Roosevelt 
        Creek, as a recreational river.
            (3) The 1.69-mile segment of the Arroyo Seco River from the 
        confluence with Roosevelt Creek to the confluence with the 
        unnamed tributary in section 1 of township 20 south, range 5 
        east, as a scenic river.
            (4) The 8.68-mile segment of the Arroyo Seco River from the 
        confluence with the unnamed tributary referred to in paragraph 
        (3) to the Ventana Wilderness boundary upstream of the 
        confluence with Tassajara Creek, as a wild river.
            (5) The 2.13 mile segment of the Arroyo Seco River from the 
        Ventana Wilderness boundary upstream of the confluence with 
        Tassajara Creek to the confluence with Rocky Creek, as a scenic 
        river.
            (6) The 2.53-mile segment of the Arroyo Seco River from the 
        confluence with Rocky Creek to the Los Padres National Forest 
        boundary, as a recreational river.
            (7) The 6.5-mile segment of Tassajara Creek from its source 
        to the Ventana Wilderness boundary upstream of Tassajara Hot 
        Springs, as a wild river.
            (8) The 1-mile segment of Tassajara Creek from the Ventana 
        Wilderness boundary upstream of Tassajara Hot Springs to the 
        Ventana Wilderness boundary downstream of Tassajara Hot 
        Springs, as a recreational river.
            (9) The 3.5-mile segment of Tassajara Creek from the 
        Tassajara Hot Springs property boundary to the confluence with 
        the Arroyo Seco River, as a wild river.
            (10) The 1.2-mile segment of Church Creek from its source 
        to the confluence of the unnamed tributary flowing in from the 
        north in section 13 of township 19 south, range 3 east, as a 
        wild river.
            (11) The 1-mile segment of Church Creek from the unnamed 
        tributary referred to in paragraph (10) to the confluence with 
        the unnamed tributary flowing in from the east in section 24 of 
        township 19 south, range 3 east, as a recreational river.
            (12) The 2.36-mile segment of Church Creek from the 
        confluence with the unnamed tributary referred to in paragraph 
        (11) to the confluence with Tassajara Creek, as a wild river.
    (c) Big Creek, California.--The following segments of Big Creek and 
its tributaries are designated as follows:
            (1) The 4.9-mile segment of Big Creek from its source to 
        .10 miles upstream of the hot springs, as a wild river.
            (2) The .87-mile segment of Big Creek from .10 miles 
        upstream of the hot springs to the confluence with Devils 
        Canyon Creek, as a scenic river.
            (3) The .71-mile segment of Big Creek from the confluence 
        with Devils Canyon Creek to the confluence with the Pacific 
        Ocean, as a recreational river.
            (4) The 3.89-mile segment of the North Fork Big Creek from 
        its source to the confluence with Big Creek, as a wild river.
            (5) The 2.89-mile segment of the North Fork Devils Canyon 
        Creek from its source to the Ventana Wilderness boundary in 
        section 30 of township 21 south, range 3 east, as a wild river.
            (6) The 1.56-mile segment of the North Fork Devils Canyon 
        Creek from the Ventana Wilderness boundary in section 30 of 
        township 21 south, range 3 east, to the confluence with Big 
        Creek, as a recreational river.
            (7) The 4.82-mile segment of the Middle Fork Devils Canyon 
        Creek from its source to the confluence with the North Fork 
        Devils Canyon Creek, as a wild river.
            (8) The 3.99-mile segment of the South Fork Devils Canyon 
        Creek from its source to the confluence with the Middle Fork 
        Devils Canyon Creek, as a wild river.
    (d) Carmel River, California.--The 10.9-mile segment of the Carmel 
River from its source in Pine Valley to the Los Padres National Forest 
boundary is designated as a wild river.
    (e) San Antonio River, California.--The following segments of the 
San Antonio River and its tributaries are designated as follows:
            (1) The 7.6-mile segment of the San Antonio River from its 
        source to the Ventana Wilderness boundary, as a wild river.
            (2) The 1-mile segment of the San Antonio River from the 
        Ventana Wilderness boundary to the Los Padres National Forest 
        boundary, as a scenic river.
            (3) The 1.15-mile segment of the North Fork San Antonio 
        River from its source to the Ventana Wilderness boundary in 
        section 18 of township 21 south, range 5 east, as a wild river.
            (4) The 1.32-mile segment of the North Fork San Antonio 
        River from the Ventana Wilderness boundary to the point where 
        the North Fork leaves the Milpitas (Indians) Road in section 17 
        of township 21 south, range 5 east, as a recreational river.
            (5) The .32-mile segment of Rattlesnake Creek from the Los 
        Padres National Forest boundary to the confluence with the 
        North Fork San Antonio River, as a wild river.
            (6) The 1.25-mile segment of the unnamed tributary near 
        Indians Ranch from the pond dam to the confluence with the 
        North Fork San Antonio River, as a recreational river.
            (7) The 3.51-mile segment of the unnamed tributary from its 
        source west of Junipero Serra Peak in section 33 of township 20 
        south, range 5 east, to .25 miles upstream of the Milpitas 
        (Indians) Road, as a wild river.
            (8) The .64-mile segment of the unnamed tributary from .25 
        miles upstream of the Milpitas (Indians) Road to the confluence 
        with the North Fork San Antonio River, as a scenic river.
            (9) The 4.25-mile segment of the North Fork San Antonio 
        River from the Milpitas (Indians) road to the confluence with 
        the San Antonio River, as a scenic river.
    (f) San Carpoforo Creek, California.--The 1-mile segment of San 
Carpoforo Creek from the Los Padres National Forest boundary to the 
confluence with the Pacific Ocean is designated as a recreational 
river.

SEC. 302. DESIGNATION OF ARROYO SECO-INDIANS ROAD AS NATIONAL 
              RECREATIONAL TRAIL.

    (a) Designation.--Forest Service road 19S09 in the Los Padres 
National Forest in Monterey County, California, from Escondido Camp to 
Horse Bridge is designated as a national recreation trail pursuant to 
section 4 of the National Trails System Act (16 U.S.C. 1243) and shall 
be known as the ``Arroyo Seco-Indians Trail''.
    (b) Authorized Use of Trail.--Public use of the Arroyo Seco-Indians 
Trail is limited to non-motorized uses.

                        TITLE IV--BOTANICAL AREA

SEC. 401. JEFF NORMAN BOTANICAL AREA.

    (a) Designation.--In order to protect and interpret to the public 
an area within the Los Padres National Forest, California, containing 
unique plant species and unique plant communities that are significant 
in their occurrence, variety, and location, certain lands in the 
National Forest, comprising approximately 65 acres, as generally 
depicted on a map entitled ``Jeff Norman Botanical Area Proposed'' and 
dated March 3, 2008, which shall be known as the ``Jeff Norman 
Botanical Area''.
    (b) Map and Description.--As soon as practicable after the date of 
the enactment of this Act, the Secretary of Agriculture shall file a 
map and a legal description of the Jeff Norman Botanical Area with the 
Committee on Natural Resources and Committee on Agriculture of the 
House of Representatives and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate. The map and legal description shall have 
the same force and effect as if included in this Act, except that 
correction of clerical and typographical errors in such legal 
description and map may be made. The map and legal description shall be 
on file and available for public inspection in the Office of the Chief 
of the Forest Service.
    (c) Administration.--The Secretary of Agriculture shall administer 
the Jeff Norman Botanical Area in accordance with the laws, rules and 
regulations applicable to the National Forest System in such manner as 
will best further the purposes of this section, as set forth in 
subsection (a).
                                 <all>