[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9600 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9600
To designate the Range of Light National Monument in the State of
California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 15, 2022
Ms. Speier (for herself, Mr. McNerney, Mr. Khanna, Ms. Eshoo, Ms.
Barragan, Mr. Thompson of California, Ms. Brownley, Ms. Lee of
California, and Mr. Levin of California) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate the Range of Light National Monument 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``The Range of Light
National Monument Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Establishment of the Range of Light National Monument,
California.
Sec. 5. Management of Federal lands within the monument.
Sec. 6. Development of management plan.
Sec. 7. Existing and historical uses of Federal lands included in the
monument.
Sec. 8. Acquisition of land.
Sec. 9. Watershed management.
Sec. 10. Withdrawal of Federal land from mining laws.
Sec. 11. Visitor services plan.
Sec. 12. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the plan developed consistent with section 6.
(2) National monument.--The term ``national monument''
means the Range of Light National Monument.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
those Federal lands under the jurisdiction of the
Secretary of the Interior; and
(B) the Secretary of Agriculture, with respect to
those Federal lands under the jurisdiction of the
Secretary of Agriculture.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior
acting jointly.
(5) Trails.--Trails mean non-motorized trails available
only to non-motorized users, including non-motorized
bicyclists, except in Wilderness areas where existing
regulations for trails remain the same. Electronic bicycles are
considered a form of ``motorized'' bicycling.
(6) Roads.--Roads are defined as roads available only to
street legal vehicles.
SEC. 3. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Sierra Nevada ecosystem is a diverse mountain range
that is geologically, ecologically, hydrologically,
recreationally and historically significant to the American
people.
(2) The Range of Light National Monument sits between two
National Parks, Yosemite and Kings Canyon, in the center of
longest interconnected wilderness in the contiguous United
States and its establishment will create an interconnected
wildlife corridor to facilitate the migration and survival of
native species and provide habitat for rare, threatened, and
endangered species.
(3) The Sierra Nevada ecosystem contains one of the most
diverse coniferous forests in the world. Ponderosa pine,
incense-cedar, white-fir, douglas-fir, sugar pine and scattered
groves of giant sequoia intermix and coexist. These trees fight
climate change, store carbon, and support a vast array of
California's wildlife.
(4) The Sierra Nevada ecosystem and watershed is vital to
the people of California. The rivers, springs, alpine lakes and
groundwater within the watershed contribute to the Kings, the
Merced, and the San Joaquin Rivers, which support wildlife,
enhance recreation, and provide drinking water for millions of
Californians.
(5) The interactions between the climate, topography and
biota in the Sierra Nevada have created some of the most
productive soils for conifers in the world, which has improved
vegetation, erosion, wildlife distribution, and water quality
throughout the range. These soils harbor the microorganisms and
nutrients that provide the basis for the forest's health and
support hundreds of plant species, many of which are endemic to
the region and are found nowhere else on earth.
(6) The Range of Light ecosystems, forests, and watersheds
provide a wild and rugged landscape enjoyed by hikers,
bicyclists, birders, picnickers, sight seers, fishermen,
campers, rock climbers, boaters, equestrians, and other
recreationists.
(7) Sierra Nevada tribes have been stewards of the land for
more than 10,000 years. Native Americans of the Sierra Nevada
have hunted, fished, gathered, and made their homes throughout
the region. Many sites along rivers and elsewhere in the
national monument are part of tribal history and are considered
sacred. Preserving these sites is vital to maintaining tribal
identity, as well as enabling the continuation and renewal of
annual cultural traditions and ecological land management
practices.
SEC. 4. ESTABLISHMENT OF THE RANGE OF LIGHT NATIONAL MONUMENT,
CALIFORNIA.
(a) Establishment and Boundaries.--Subject to valid existing
rights, there is established the Range of Light National Monument as a
unit of the National Park System in the State of California, which
consists of approximately 1,427,750 acres of Federal land and interests
in Federal land in California, as generally depicted in the map
entitled ``Range of Light National Monument Map'' and dated November
2022. The Range of Light National Monument is composed of the Sierra
National Forest in its entirety and the San Joaquin Gorge managed by
the Bureau of Land Management.
(b) Purposes.--The purposes of the national monument are--
(1) to preserve, protect, and restore nationally
significant biological, ecological, cultural, historical,
recreational, geological, hydrological, scenic, and scientific
resources in the Sierra Nevada's ecosystems, forests, and
soils;
(2) to preserve, protect, and restore watersheds, including
meadows, above ground tributaries, springs and groundwater, and
surface waters that contribute to the San Joaquin, Kings, and
Merced Rivers;
(3) to provide wildlife connectivity and a migratory area
for native species and to provide habitat for rare, threatened,
and endangered species through protection and restoration;
(4) to secure now and for future generations the
opportunity to experience and enjoy a diverse and natural
forest landscape, wildlife, free-flowing water, an unfettered
rugged environment, and recreation on public land;
(5) to provide environmentally responsible, well-managed
recreational opportunities and spaces for people to connect
with nature within the national monument;
(6) to provide educational, recreational, visitor, and
interpretive services that will increase public understanding
of and appreciation for the natural and cultural resources of
the Sierra Nevada and the national monument area; and
(7) to protect Native American sacred cultural sites and
traditional practices and to involve Native Americans in the
planning and the care of native plants and cultural sites in
the monument area.
(c) Transfer and Administration of Lands.--Upon enactment of this
Act, the Secretary of Agriculture shall transfer the Federal lands and
Federal buildings under the jurisdiction of the National Forest
Service, managed specifically as the Sierra National Forest, without
consideration, to the administrative jurisdiction of the National Park
Service for administration as a national monument that is part of the
National Park System. Upon enactment of this Act, the Secretary of the
Interior shall transfer the Federal lands and Federal buildings under
the jurisdiction of the Bureau of Land Management and Bureau of
Reclamation, managed specifically as the San Joaquin Gorge, without
consideration, to the administrative jurisdiction of the National Park
Service for administration as a national monument that is part of the
National Park System.
(d) Legal Descriptions; Corrections of Errors.--
(1) Preparation.--As soon as practical after the date of
the enactment of this Act, but not later than 1 year after such
date, the Secretary shall prepare final maps and legal
descriptions of the national monument, which shall have the
same force and effect as if included in this Act, except that
the Secretary of the Interior may correct clerical and
typographical errors in the existing maps and legal
descriptions.
(2) Submission.--As soon as practicable after the
preparation of the maps and legal descriptions under paragraph
(1), the Secretary of the Interior shall submit the maps and
legal descriptions to the Committee on Natural Resources of the
House of Representatives and to the Committee on Energy and
Natural Resources of the Senate.
(3) Public availability.--The maps and legal descriptions
prepared pursuant to paragraph (1) shall be on file and
available for public inspection at appropriate offices of the
National Park Service.
(e) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
national monument area shall be administered by the Secretary
of the Interior, acting through the National Park Service.
(2) State and local jurisdiction.--Nothing in this Act
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations).
SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE MONUMENT.
(a) National Park System.--Subject to valid existing rights, the
Secretary of the Interior shall manage the public lands included in the
national monument area in a manner that protects, and enhances the
natural resources and values of the lands, in accordance with--
(1) this Act;
(2) the laws generally applicable to units of the National
Park System;
(3) the Wilderness Act (16 U.S.C. 1131 et seq.) in existing
wilderness areas; and
(4) other applicable law (including Federal, State, or
local law, and regulations).
(b) Treatment of Non-Federal Lands and Related Provisions.--Nothing
in this Act--
(1) authorizes the Secretary to take any action that would
affect the use of any land not owned by the United States;
(2) affects the use of any non-Federal land within the
national monument area;
(3) modifies any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
(4) requires any owner of non-Federal land to allow public
access (including Federal, State, or local government access)
to private property or any other non-Federal land; and
(5) creates any liability, or affects any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land.
(c) Resolution of Conflicts.--If there is a conflict between a
provision of this Act and a provision of another law specified in
subsection (a), the more restrictive provision shall control.
(d) Authorized Uses.--The Secretary shall allow only such uses of
the national monument as the Secretary determines would further the
purposes specified in section 4 of this Act.
SEC. 6. DEVELOPMENT OF MANAGEMENT PLAN.
(a) Deadline.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall create a comprehensive
management plan for the national monument that fulfills the purposes
described in section 4.
(b) Incorporation of Visitor Services Plan.--To the maximum extent
practicable, the Secretary shall incorporate the visitor services plan
into the management plan as described in section 11.
SEC. 7. EXISTING AND HISTORICAL USES OF FEDERAL LANDS INCLUDED IN THE
MONUMENT.
(a) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State of California with respect to the management
of fish and wildlife located on public land in the State, except that
the Secretary of the Interior, after consultation with the California
Department of Fish and Wildlife, may designate zones in the national
monument where, and periods when, hunting shall not be allowed to
accommodate traditional tribal uses, public safety, wildlife health,
administration, or public use and enjoyment.
(b) Motorized and Mechanized Vehicles.--The use of motorized and
mechanized vehicles on lands within the national monument shall be
permitted only on roads designated for their use. In the Sierra
National Forest, all roads currently classified as Forest Service
Maintenance Level 1 roads will be closed, and Maintenance Level 2 roads
will be converted to Maintenance Level 1 roads indefinitely unless they
lead to campgrounds, picnic areas, private inholdings, non-motorized
trailheads, selected viewpoints or are needed for administrative
purposes or to respond to an emergency. When managed by the National
Park Service, these roads shall be classified as paved, maintained dirt
roads, and unmaintained dirt roads. Selected roads shall remain open,
partially or fully, paved or dirt, in accordance with the Range of
Light National Monument map, and shall remain open only to street-legal
vehicles. Closed roads may be remediated or converted to non-motorized
trails and may remain available to non-motorized recreational use at
the discretion of the park service and in accordance with the visitor
services plan, as detailed in subsection (a). The existing roads and
trails in the San Joaquin Gorge shall remain and shall be managed as
is, at the date of the enactment of this Act.
(c) Grazing.--Livestock grazing permits within the national
monument, where established or planned before the date of the enactment
of this Act, shall be allowed to continue until the end of their permit
period, a maximum of 10 years from the issued permit date, subject to
all applicable laws and regulations. Grazing permits shall not be re-
issued once expired and shall be retired.
(1) Donation of grazing permits and leases.--
(A) In general.--The Secretary shall accept the
donation of any valid existing leases or permits
authorizing grazing on public land or National Forest
System land, all or a portion of which are within the
area depicted as the ``Range of Light National
Monument'' on the maps entitled ``Range of Light
National Monument''.
(B) Partial donation.--A person holding a valid
grazing permit or lease for a grazing allotment
partially within the area described in subparagraph (A)
may elect to donate only the portion of the grazing
permit or lease that is within the area.
(2) Termination.--With respect to each permit or lease
donated under paragraph (1)(A), the Secretary shall--
(A) terminate the grazing permit or lease or
portion of the permit or lease; and
(B) ensure a permanent end to grazing on the land
covered by the permit or lease or portion of the permit
or lease.
(d) Commercial Recreation Activities.--The Secretary shall allow
commercial recreation activities within the national monument in
accordance with--
(1) this Act;
(2) the laws generally applicable to units of the National
Park System;
(3) the Wilderness Act (16 U.S.C. 1133 et seq.); and
(4) other applicable law (including Federal, State, or
local law, and regulations).
(e) Fishing and Gathering.--The Secretary shall allow fishing and
gathering within the national monument in accordance with applicable
laws and regulations of the United States and the State of California.
(f) Forestry.--The Secretary shall prohibit the cutting, sale,
harvest or removal of timber and other vegetative material within the
national monument for commercial purposes, commercial logging, or for
biomass energy production. No part of the monument shall be considered
suitable for timber production or calculation or provision for
sustained yield of timber. The Secretary may permit the cutting of
timber in the national monument only in cases where the cutting of such
timber is required to preserve and protect wildlife, or the natural,
scientific, scenic or historical objects in the area. The Secretary may
permit the removal of tree materials for personal use fuel wood, in
cases where the removal does not harm the forest, wildlife or the
natural, scientific or historical objects in the area.
(g) Buyouts, Donations and Termination of Existing Timber
Contracts.--
(1) Donations.--The Secretary shall accept the donation of
any valid existing contract authorizing logging on public land
in National Forest System land, which is within the area
depicted as the ``Range of Light National Monument'' on the
maps entitled ``Range of Light National Monument''.
(2) Buyouts.--With respect to purchased timber contracts,
the Secretary may buy back the contracts for the sale of timber
within the boundaries of the Monument at the time of enactment
of this Act, for the price sold, in accordance with applicable
Federal law.
(3) Termination.--All timber sales and contracts will be
terminated at date of the enactment of this Act.
(h) Use of Chemicals.--The application of any toxic chemicals
(other than fire retardants), including pesticides and herbicides,
shall be prohibited within the national monument area.
(i) Trails.--A non-motorized trail system will be constructed and
maintained using existing non-motorized trails and roads decommissioned
from motorized use.
(j) Existing Cabin Leases.--Nothing in this Act shall preclude the
renewal or continuation of valid leases for cabins, homesites or
similar structures on federally owned lands in the national monument in
effect on date this law is enacted.
(k) Specific Protections.--The use of street-legal motorized
vehicles in the national monument shall be permitted only on existing
roads designated for use by vehicles. In recognition that certain
conditions are deemed desirable for maintaining the rugged character of
the national monument, Congress declares its intention to retain
selected dirt roads. Notwithstanding any other provision of law, no
Federal lands may be used for the construction of any new road or to
pave any existing dirt road or to pave any partially paved dirt road in
the national monument. Roads that are deemed destructive to the natural
landscape or harm wildlife and the values of the national monument
shall be closed at the discretion of the park service.
(l) Private Property Access.--In instances where roads have been
closed to the public and those roads lead to private property, the
private property owners shall retain the right to access their lands
via the closed road.
(m) Native American Cultural and Religious Uses.--Nothing in this
Act diminishes--
(1) the rights of any Indian tribe; or
(2) any tribal rights regarding access to Federal land for
tribal activities, including spiritual, cultural, and
traditional food-gathering activities.
SEC. 8. ACQUISITION OF LAND.
(a) Acquisition Authorized; Methods.--Non-Federal held land or
interests in land within the boundaries of the national monument may be
acquired for management as part of the national monument only by--
(1) donation; or
(2) purchase from a willing seller.
(b) Valuation of Private Property.--The United States shall offer
the fair market value for any interests or partial interests in land
acquired under this section unless donated.
(c) Incorporation of Acquired Lands and Interests.--Any land or
interest in land within the boundaries of the national monument that is
acquired by the United States after the date of the enactment of this
Act shall be added to and administered as part of the national
monument.
SEC. 9. WATERSHED MANAGEMENT.
(a) Water Rights.--Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of the enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of the enactment of this
Act, including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of the enactment of this Act; and
(4) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State of California on
or before the date of the enactment of this Act.
(b) Power Generation.--All lands in the recreation area which have
been withdrawn or acquired by the United States for reclamation
purposes shall remain subject to the primary use thereof for
reclamation and power purposes so long as they are needed for such
purposes.
(c) Tributaries of the Kings River, the Merced River, the San
Joaquin.--Notwithstanding any other provision of law, no Federal lands
may be used for the construction of any new dam or diversion, or
expansion of any existing dam or diversion, on any tributary of the
Merced, Kings and San Joaquin Rivers and the south, middle and north
forks of the Merced, Kings and San Joaquin Rivers within the boundaries
of the national monument.
(d) Water for the National Monument.--There is hereby reserved, as
of the date of this Act and subject to valid existing rights, a
quantity of water sufficient to fulfill the purposes for which this
national monument is established. Nothing in this reservation shall be
construed as a relinquishment or reduction of any water use or rights
reserved or appropriated by the United States on or before the date of
this proclamation.
SEC. 10. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS.
(a) Withdrawal.--Subject to valid existing rights as provided in
section 4, the Federal lands and interests in lands included within the
national monument are hereby withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and mineral materials laws.
(b) Treatment of Existing Rights.--The withdrawal under subsection
(a) is subject to valid, existing rights. If such rights are
relinquished or otherwise acquired by the United States after the date
of the enactment of this Act, the land that was subject to the rights
shall be immediately withdrawn in accordance with subsection (a).
SEC. 11. VISITOR SERVICES PLAN.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan that will provide enhanced visitor experiences and
resource protection in the national monument through expanded
recreational opportunities, public safety, fire management,
interpretation, education, and law enforcement.
(2) Plan required.--Not later than 2 years after the date
of the enactment of this Act, the Secretary shall develop and
apply an integrated visitor services plan for the national
monument.
(3) Contents.--The visitor services plan shall--
(A) include a regular and adequate ranger patrol
and staffing plan, which covers the remaining open
roads and provides for people management and resource
protection to prevent human-caused wildfires;
(B) provide and plan for adequate disposal of trash
and recycling and management of garbage removal
throughout the national monument and where appropriate
and needed to prevent garbage accumulation and
vandalism;
(C) manage dispersed camping to protect natural
resources and wildlife, enhance recreation, and prevent
human-caused wildfires;
(D) maintain and manage all existing picnic areas
and campgrounds to ensure that visitors have adequate
developed sites for recreation;
(E) develop a non-motorized trail network and
prepare a maintenance and management plan for front-
country and back-country trails and create and maintain
trail maps, trails, and trail signs, with a particular
emphasis placed on trail interconnectivity;
(F) ensure adequate closure of roads and provide
visitor signs indicating closures, and create a program
for restoring the natural environment on closed roads
and for developing trails on closed roads designated as
non-motorized trails;
(G) assess the current level of interpretive and
educational services and facilities; include
recommendations to better manage recreation area
resources and improve the experience of recreation area
visitors through expanded interpretive and educational
services and facilities, and improved enforcement; and
manage recreation area resources to reduce negative
impacts on the environment, the forest, and the
watershed in the area;
(H) assess opportunities to provide recreational
non-motorized trails that connect with adjacent
National Forest, Bureau of Land Management, and Park
Service lands; and to develop and carry this out in
accordance with applicable Federal, State, and local
laws and ordinances;
(I) in developing the visitor services plan, the
Secretary shall consult with the State and local
agencies, nongovernmental organizations, tribes, and
the public; and
(J) in hiring personnel, the secretary shall
prioritize hiring applicants formerly employed in jobs
associated with commercial logging activities on public
lands and biomass production and low income applicants.
(b) Visitor Facilities.--As needed, the Secretary may construct
visitor use facilities in the national monument area or improve upon
existing Federal buildings under the jurisdiction of the park service.
Such facilities shall be developed in conformance with all existing
Federal, State, and local laws (including regulations) and applicable
Federal, State, and local plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds, property, in-kind contributions, and services to carry
out this Act.
(2) Prohibition.--The Secretary may not use the authority
provided in this Act to accept non-Federal land that has been
acquired, after the date of the enactment of this Act, through
use of eminent domain.
(d) Cooperative Agreements.--In carrying out this Act, the
Secretary may make grants to, or enter into cooperative agreements with
State, tribal, local governmental entities, non-profit entities and
private entities to conduct research, develop scientific analyses, and
carry out any other initiatives relating to the management of and
visitation to the national monument.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as are
necessary to carry out this Act.
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