[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3681 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3681

To modify the boundaries of the San Gabriel Mountains National Monument 
in the State of California to include additional National Forest System 
                     land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2023

  Ms. Chu (for herself, Mrs. Napolitano, Ms. Barragan, Mr. Bera, Ms. 
 Brownley, Mr. Carbajal, Mr. Cardenas, Mr. DeSaulnier, Ms. Eshoo, Mr. 
Garamendi, Mr. Robert Garcia of California, Mr. Gomez, Mr. Huffman, Ms. 
  Kamlager-Dove, Mr. Khanna, Ms. Lee of California, Ms. Lofgren, Mr. 
Mullin, Ms. Porter, Mr. Schiff, Mr. Sherman, Mr. Swalwell, Ms. Sanchez, 
Mr. Takano, Ms. Waters, and Mr. Nadler) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To modify the boundaries of the San Gabriel Mountains National Monument 
in the State of California to include additional National Forest System 
                     land, 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 ``San Gabriel 
Mountains Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National monument boundary modification.
Sec. 4. Designation of wilderness areas and additions.
Sec. 5. Administration of wilderness areas and additions.
Sec. 6. Designation of wild and scenic rivers.
Sec. 7. Water rights.
Sec. 8. Reauthorization of existing water facilities in Pleasant View 
                            Ridge Wilderness.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) Wilderness area or addition.--The term ``wilderness 
        area or addition'' means any wilderness area or wilderness 
        addition designated by section 4(a).

SEC. 3. NATIONAL MONUMENT BOUNDARY MODIFICATION.

    (a) In General.--The San Gabriel Mountains National Monument 
established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) 
(referred to in this section as the ``Monument'') is modified to 
include the approximately 109,167 acres of additional National Forest 
System land depicted as the ``Proposed San Gabriel Mountains National 
Monument Expansion'' on the map entitled ``Proposed San Gabriel 
Mountains National Monument Expansion'' and dated June 26, 2019.
    (b) Administration.--The Secretary shall administer the Monument 
(including the land added to the Monument by subsection (a)), in 
accordance with--
            (1) Presidential Proclamation Number 9194 (79 Fed. Reg. 
        62303);
            (2) the laws generally applicable to the Monument; and
            (3) this Act.
    (c) Management Plan.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall consult with the State, 
local governments, and interested members of the public to update the 
San Gabriel Mountains National Monument Plan to provide management 
direction and protection for the land added to the Monument by 
subsection (a).

SEC. 4. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.

    (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following parcels of National Forest System land in 
the State are designated as wilderness and as components of the 
National Wilderness Preservation System:
            (1) Condor peak wilderness.--Certain Federal land in the 
        Angeles National Forest, comprising approximately 8,207 acres, 
        as generally depicted on the map entitled ``Condor Peak 
        Wilderness--Proposed'' and dated June 6, 2019, which shall be 
        known as the ``Condor Peak Wilderness''.
            (2) San gabriel wilderness additions.--Certain Federal land 
        in the Angeles National Forest, comprising approximately 2,032 
        acres, as generally depicted on the map entitled ``San Gabriel 
        Wilderness Additions'' and dated June 6, 2019, which is 
        incorporated in, and considered to be a part of, the San 
        Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C. 
        1132 note; 82 Stat. 131).
            (3) Sheep mountain wilderness additions.--Certain Federal 
        land in the Angeles National Forest, comprising approximately 
        13,726 acres, as generally depicted on the map entitled ``Sheep 
        Mountain Wilderness Additions'' and dated June 6, 2019, which 
        is incorporated in, and considered to be a part of, the Sheep 
        Mountain Wilderness designated by section 101(a)(29) of the 
        California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public 
        Law 98-425; 98 Stat. 1623).
            (4) Yerba buena wilderness.--Certain Federal land in the 
        Angeles National Forest, comprising approximately 6,694 acres, 
        as generally depicted on the map entitled ``Yerba Buena 
        Wilderness--Proposed'' and dated June 6, 2019, which shall be 
        known as the ``Yerba Buena Wilderness''.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and a 
        legal description of the wilderness areas and additions with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The map and legal description filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        clerical or typographical error in the map or legal 
        description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service.

SEC. 5. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.

    (a) In General.--Subject to valid existing rights, the wilderness 
areas and additions shall be administered by the Secretary in 
accordance with this section and the Wilderness Act (16 U.S.C. 1131 et 
seq.), except that any reference in that Act to the effective date of 
that Act shall be considered to be a reference to the date of enactment 
of this Act.
    (b) Fire Management and Related Activities.--
            (1) In general.--The Secretary may carry out such 
        activities in a wilderness area or addition as are necessary 
        for the control of fire, insects, or diseases in accordance 
        with--
                    (A) section 4(d)(1) of the Wilderness Act (16 
                U.S.C. 1133(d)(1)); and
                    (B) House Report 98-40 of the 98th Congress.
            (2) Funding priorities.--Nothing in this Act limits funding 
        for fire or fuels management in a wilderness area or addition.
            (3) Revision and development of local fire management 
        plans.--As soon as practicable after the date of enactment of 
        this Act, the Secretary shall amend, as applicable, any local 
        fire management plan that applies to a wilderness area or 
        addition.
            (4) Administration.--In accordance with paragraph (1) and 
        any other applicable Federal law, to ensure a timely and 
        efficient response to a fire emergency in a wilderness area or 
        addition, the Secretary shall--
                    (A) not later than 1 year after the date of 
                enactment of this Act, establish agency approval 
                procedures (including appropriate delegations of 
                authority to the Forest Supervisor, District Manager, 
                or other agency officials) for responding to fire 
                emergencies; and
                    (B) enter into agreements with appropriate State or 
                local firefighting agencies.
    (c) Grazing.--The grazing of livestock in a wilderness area or 
addition, if established before the date of enactment of this Act, 
shall be administered in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines contained 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).
    (d) Fish and Wildlife.--
            (1) In general.--In accordance with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act 
        affects the jurisdiction or responsibility of the State with 
        respect to fish or wildlife on public land in the State.
            (2) Management activities.--
                    (A) In general.--In support of the purposes and 
                principles of the Wilderness Act (16 U.S.C. 1131 et 
                seq.), the Secretary may conduct any management 
                activity that the Secretary determines to be necessary 
                to maintain or restore a fish or wildlife population or 
                habitat in a wilderness area or addition, if the 
                activity is conducted in accordance with--
                            (i) applicable wilderness management plans; 
                        and
                            (ii) appropriate policies, such as the 
                        policies established in Appendix B 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).
                    (B) Inclusions.--A management activity under 
                subparagraph (A) may include the occasional and 
                temporary use of motorized vehicles, if the use, as 
                determined by the Secretary, would maintain or improve 
                wilderness character, is impossible to accomplish by 
                nonmotorized methods, and is in accordance with 
                memoranda of understanding between the Federal agencies 
                and the California State Department of Fish and 
                Wildlife.
                    (C) Existing activities.--In accordance with 
                section 4(d)(1) of the Wilderness Act (16 U.S.C. 
                1133(d)(1)) and other appropriate policies (such as the 
                policies established in Appendix B 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)), the State may use 
                aircraft (including helicopters) in a wilderness area 
                or addition to survey, capture, transplant, monitor, or 
                provide water for a wildlife population, including 
                bighorn sheep, if the activity, as determined by the 
                Secretary is impossible to accomplish without use of 
                aircraft, and is in accordance with memoranda of 
                understanding between the Federal agencies and the 
                California State Department of Fish and Wildlife.
    (e) Buffer Zones.--
            (1) In general.--Nothing in this Act establishes any 
        protective perimeter or buffer zone around a wilderness area or 
        addition.
            (2) Activities or uses up to boundaries.--The fact that a 
        nonwilderness activity or use can be seen or heard from within 
        a wilderness area or addition shall not preclude the activity 
        or use up to the boundary of the wilderness area or addition.
    (f) Military Activities.--Nothing in this Act precludes--
            (1) low-level overflights of military aircraft over a 
        wilderness area or addition;
            (2) the designation of a new unit of special airspace over 
        a wilderness area or addition; or
            (3) the use or establishment of a military flight training 
        route over a wilderness area or addition.
    (g) Horses.--Nothing in this Act precludes horseback riding in, or 
the entry of recreational or commercial saddle or pack stock into, a 
wilderness area or addition--
            (1) in accordance with section 4(d)(5) of the Wilderness 
        Act (16 U.S.C. 1133(d)(5)); and
            (2) subject to such terms and conditions as the Secretary 
        determines to be necessary.
    (h) Law Enforcement.--Nothing in this Act precludes any law 
enforcement or drug interdiction effort within a wilderness area or 
addition, in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.).
    (i) Withdrawal.--Subject to valid existing rights, the wilderness 
areas and additions are 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 materials and geothermal 
        leasing laws.
    (j) Incorporation of Acquired Land and Interests.--Any land within 
the boundary of a wilderness area or addition that is acquired by the 
United States shall--
            (1) become part of the wilderness area or addition in which 
        the land is located; and
            (2) be managed in accordance with this section, the 
        Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
        applicable law (including regulations).
    (k) Climatological Data Collection.--In accordance with the 
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and 
conditions as the Secretary may prescribe, the Secretary may authorize 
the installation and maintenance of hydrologic, meteorologic, or 
climatological collection devices in a wilderness area or addition if 
the Secretary determines that the device and access to the device is 
essential to a flood warning, flood control, or water reservoir 
operation activity.
    (l) Authorized Event.--The Secretary may authorize the Angeles 
Crest 100 competitive running event to continue in substantially the 
same manner in which the event was operated and permitted in 2015 
within the land added to the Sheep Mountain Wilderness by section 
4(a)(3) and the Pleasant View Ridge Wilderness Area designated by 
section 1802(8) of the Omnibus Public Land Management Act of 2009 (16 
U.S.C. 1132 note; Public Law 111-11; 123 Stat. 1054), if the event is 
authorized and conducted in a manner compatible with the preservation 
of the areas as wilderness.

SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.

    (a) Designation.--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:
            ``(231) East fork san gabriel river, california.--The 
        following segments of the East Fork San Gabriel River, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                    ``(A) The 10-mile segment from the confluence of 
                the Prairie Fork and Vincent Gulch to 100 yards 
                upstream of the Heaton Flats trailhead and day use 
                area, as a wild river.
                    ``(B) The 2.7-mile segment from 100 yards upstream 
                of the Heaton Flats trailhead and day use area to 100 
                yards upstream of the confluence with Williams Canyon, 
                as a recreational river.
            ``(232) North fork san gabriel river, california.--The 4.3-
        mile segment of the North Fork San Gabriel River from the 
        confluence with Cloudburst Canyon to 0.25 miles upstream of the 
        confluence with the West Fork San Gabriel River, to be 
        administered by the Secretary of Agriculture as a recreational 
        river.
            ``(233) West fork san gabriel river, california.--The 
        following segments of the West Fork San Gabriel River, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                    ``(A) The 6.7-mile segment from 0.25 miles 
                downstream of its source near Red Box Gap in sec. 14, 
                T. 2 N., R. 12 W., to the confluence with the unnamed 
                tributary 0.25 miles downstream of the power lines in 
                sec. 22, T. 2 N., R. 11 W., as a recreational river.
                    ``(B) The 1.6-mile segment of the West Fork from 
                0.25 miles downstream of the powerlines in sec. 22, T. 
                2 N., R. 11 W., to the confluence with Bobcat Canyon, 
                as a wild river.
            ``(234) Little rock creek, california.--The following 
        segments of Little Rock Creek and tributaries, to be 
        administered by the Secretary of Agriculture in the following 
        classes:
                    ``(A) The 10.3-mile segment from its source on Mt. 
                Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards 
                upstream of the confluence with the South Fork Little 
                Rock Creek, as a wild river.
                    ``(B) The 6.6-mile segment from 100 yards upstream 
                of the confluence with the South Fork Little Rock Creek 
                to the confluence with Santiago Canyon, as a 
                recreational river.
                    ``(C) The 1-mile segment of Cooper Canyon Creek 
                from 0.25 miles downstream of Highway 2 to 100 yards 
                downstream of Cooper Canyon Campground, as a scenic 
                river.
                    ``(D) The 1.3-mile segment of Cooper Canyon Creek 
                from 100 yards downstream of Cooper Canyon Campground 
                to the confluence with Little Rock Creek, as a wild 
                river.
                    ``(E) The 1-mile segment of Buckhorn Creek from 100 
                yards downstream of the Buckhorn Campground to its 
                confluence with Cooper Canyon Creek, as a wild 
                river.''.
    (b) Water Resource Facilities; Water Use.--
            (1) Water resource facilities.--
                    (A) Definitions.--In this paragraph:
                            (i) Water resource facility.--The term 
                        ``water resource facility'' means--
                                    (I) an irrigation or pumping 
                                facility;
                                    (II) a dam or reservoir;
                                    (III) a flood control facility;
                                    (IV) a water conservation works 
                                (including a debris protection 
                                facility);
                                    (V) a sediment placement site;
                                    (VI) a rain gauge or stream gauge;
                                    (VII) a water quality facility;
                                    (VIII) a recycled water facility or 
                                water pumping, conveyance, or 
                                distribution system;
                                    (IX) a water storage tank or 
                                reservoir;
                                    (X) a water treatment facility;
                                    (XI) an aqueduct, canal, ditch, 
                                pipeline, well, hydropower project, or 
                                transmission or other ancillary 
                                facility;
                                    (XII) a groundwater recharge 
                                facility;
                                    (XIII) a water filtration plant; 
                                and
                                    (XIV) any other water diversion, 
                                conservation, storage, or carriage 
                                structure.
                            (ii) Wild and scenic river segment.--The 
                        term ``wild and scenic river segment'' means a 
                        component of the national wild and scenic 
                        rivers system designated by paragraph (231), 
                        (232), (233), or (234) of section 3(a) of the 
                        Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
                        (as added by subsection (a)).
                    (B) No effect on existing water resource 
                facilities.--Nothing in this section alters, modifies, 
                or affects--
                            (i) the use, operation, maintenance, 
                        repair, construction, destruction, 
                        reconfiguration, expansion, relocation, or 
                        replacement of a water resource facility 
                        downstream of a wild and scenic river segment, 
                        subject to the condition that the physical 
                        structures of such a facility or reservoir 
                        shall not be located within the wild and scenic 
                        river segment; or
                            (ii) access to a water resource facility 
                        downstream of a wild and scenic river segment.
                    (C) No effect on new water resource facilities.--
                Nothing in this section precludes the establishment of 
                a new water resource facility (including instream 
                sites, routes, and areas) downstream of a wild and 
                scenic river segment.
            (2) Limitation.--Any new reservation of water or new use of 
        water pursuant to existing water rights held by the United 
        States to advance the purposes of the National Wild and Scenic 
        Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive 
        instream use only within the wild and scenic river segments (as 
        defined in paragraph (1)(A)).
            (3) Existing law.--Nothing in this section affects the 
        implementation of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.).

SEC. 7. WATER RIGHTS.

    (a) Statutory Construction.--Nothing in this Act, and no action 
carried out pursuant to this Act--
            (1) constitutes an express or implied reservation of any 
        water or water right, or authorizes an expansion of water use 
        pursuant to existing water rights held by the United States, 
        with respect to--
                    (A) the San Gabriel Mountains National Monument;
                    (B) the wilderness areas and additions designated 
                by section 4; and
                    (C) the components of the national wild and scenic 
                rivers system designated by paragraphs (231), (232), 
                (233), or (234) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by section 
                6(a)) and land adjacent to the components;
            (2) affects, alters, modifies, or conditions any water 
        right in the State in existence on the date of enactment of 
        this Act, including any water rights held by the United States;
            (3) establishes a precedent with respect to any designation 
        of wilderness or wild and scenic rivers after the date of 
        enactment of this Act;
            (4) affects, alters, or modifies the interpretation of, or 
        any designation, decision, adjudication, or action carried out 
        pursuant to, any other Act; or
            (5) limits, alters, modifies, or amends any interstate 
        compact or equitable apportionment decree that apportions water 
        among or between the State and any other State.
    (b) State Water Law.--The Secretary shall comply with applicable 
procedural and substantive requirements under State law to obtain and 
hold any water rights not in existence on the date of enactment of this 
Act with respect to--
            (1) the San Gabriel Mountains National Monument;
            (2) the wilderness areas and additions designated by 
        section 4; and
            (3) the components of the national wild and scenic rivers 
        system designated by paragraphs (231), (232), (233), or (234) 
        of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1274(a)) (as added by section 6(a)).

SEC. 8. REAUTHORIZATION OF EXISTING WATER FACILITIES IN PLEASANT VIEW 
              RIDGE WILDERNESS.

    (a) Authorization for Continued Use.--The Secretary of Agriculture 
may issue a special use authorization to the owners of a water 
transport or diversion facility (in this section referred to as a 
``facility'') located on National Forest System land in the Pleasant 
View Ridge Wilderness for the continued operation, maintenance, and 
reconstruction of the facility if the Secretary determines that--
            (1) the facility was in existence on the date on which the 
        land upon which the facility is located was designated as part 
        of the National Wilderness Preservation System (in this section 
        referred to as ``the date of designation'');
            (2) the facility has been in substantially continuous use 
        to deliver water for the beneficial use on the owner's non-
        Federal land since the date of designation;
            (3) the owner of the facility holds a valid water right for 
        use of the water on the owner's non-Federal land under 
        California State law, with a priority date that predates the 
        date of designation; and
            (4) it is not practicable or feasible to relocate the 
        facility to land outside of the wilderness and continue the 
        beneficial use of water on the non-Federal land recognized 
        under State law.
    (b) Terms and Conditions.--
            (1) Required terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary may--
                    (A) allow use of motorized equipment and mechanized 
                transport for operation, maintenance, or reconstruction 
                of a facility, if the Secretary determines that--
                            (i) the use is the minimum necessary to 
                        allow the facility to continue delivery of 
                        water to the non-Federal land for the 
                        beneficial uses recognized by the water right 
                        held under California State law; and
                            (ii) the use of non-motorized equipment and 
                        non-mechanized transport is impracticable or 
                        infeasible; and
                    (B) prohibit use of the facility for the diversion 
                or transport of water in excess of the water right 
                recognized by the State of California on the date of 
                designation.
            (2) Discretionary terms and conditions.--In a special use 
        authorization issued under subsection (a), the Secretary may 
        require or allow modification or relocation of the facility in 
        the wilderness, as the Secretary determines necessary, to 
        reduce impacts to wilderness values set forth in section 2 of 
        the Wilderness Act (16 U.S.C. 1131) if the beneficial use of 
        water on the non-Federal land is not diminished.
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