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