[Congressional Record Volume 140, Number 132 (Tuesday, September 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: September 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
CALIFORNIA DESERT PROTECTION ACT OF 1993; CALIFORNIA MILITARY LANDS
WITHDRAWAL AND OVERFLIGHTS ACT OF 1991
Mr. MITCHELL. Mr. President, I ask that the Chair lay before the
Senate a message from the House of Representatives on a bill (S. 21) to
designate certain lands in the California desert as wilderness, to
establish Death Valley, Joshua Tree, and Mojave National Parks, and for
other purposes.
The PRESIDING OFFICER laid before the Senate the following message
from the House of Representatives:
Resolved, That the bill from the Senate (S. 21) entitled
``An Act to designate certain lands in the California Desert
as wilderness, to establish Death Valley, Joshua Tree, and
Mojave National Parks, and for other purposes'', do pass with
the following amendments:
Strike out all after the enacting clause, and insert:
That this Act may be cited as the ``California Desert
Protection Act of 1994''.
findings and policy
Sec. 2. (a) The Congress finds and declares that--
(1) the federally owned desert lands of Southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic,
historical, archeological, environmental, ecological,
wildlife, cultural, scientific, educational, and recreational
values used and enjoyed by millions of Americans for hiking
and camping, scientific study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures
which would impair, dilute, and destroy their public and
natural values;
(4) the California desert, embracing wilderness lands,
units of the National Park System, other Federal lands, State
parks and other State lands, and private lands, constitutes a
cohesive unit posing unique and difficult resource protection
and management challenges;
(5) through designation of national monuments by
Presidential proclamation, through enactment of general
public land statutes (including section 601 of the Federal
Land Policy and Management Act of 1976, 90 Stat. 2743, 43
U.S.C. 1701 et seq.) and through interim administrative
actions, the Federal Government has begun the process of
appropriately providing for protection of the significant
resources of the public lands in the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land
values of the California desert merit.
(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness,
national parks, and public land values in the California
desert, it is hereby declared to be the policy of the
Congress that--
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and wildlife
values associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural values of
the California desert associated with ancient Indian
cultures, patterns of western exploration and settlement, and
sites exemplifying the mining, ranching and railroading
history of the Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote
public understanding and appreciation of the California
desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
TITLE I--WILDERNESS ADDITIONS
findings
Sec. 101. The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the
public lands in the California desert, one which affords an
unrivaled opportunity for experiencing vast areas of the Old
West essentially unaltered by man's activities, and which
merits preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
designation of wilderness
Sec. 102. In furtherance of the purpose of the Wilderness
Act (78 Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601
and 603 of the Federal Land Policy and Management Act of 1976
(90 Stat. 2743, 43 U.S.C. 1701 et seq.), the following lands
in the State of California, as generally depicted on maps
referenced herein, are hereby designated as wilderness, and
therefore, as components of the National Wilderness
Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled ``Argus Range
Wilderness--Proposed 1'', dated May 1991, and two maps
entitled ``Argus Range Wilderness--Proposed 2'' and ``Argus
Range Wilderness--Proposed 3'', dated January 1989, and which
shall be known as the Argus Range Wilderness. If at any time
within 15 years after the date of enactment of this Act the
Secretary of the Navy notifies the Secretary of the Interior
that permission has been granted to use lands within the area
of the China Lake Naval Air Warfare Center for installation
of a space energy laser facility, and that establishment of a
right-of-way across lands within the Argus Range Wilderness
is desirable in order to facilitate access to the lands to be
used for such facility, the Secretary of the Interior,
pursuant to the Federal Land Policy and Management Act of
1976, may grant a right-of-way for, and authorize
construction of, a road to be used solely for that purpose
across such lands, notwithstanding the designation of such
lands as wilderness. So far as practicable, any such road
shall be aligned in a manner that takes into account the
desirability of minimizing adverse impacts on wilderness
values.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Bigelow Cholla Garden
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Bigelow Cholla Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the San
Bernardino National Forest, which comprise approximately
thirty-nine thousand two hundred acres, as generally depicted
on a map entitled ``Bighorn Mountain Wilderness--Proposed'',
dated September 1991, and which shall be known as the Bighorn
Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-seven thousand five
hundred and seventy acres, as generally depicted on a map
entitled ``Big Maria Mountains Wilderness--Proposed'', dated
February 1986, and which shall be known as the Big Maria
Mountains Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled ``Black Mountain
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres, as
generally depicted on a map entitled ``Bright Star
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled ``Bristol
Mountains Wilderness--Proposed 1'', and ``Bristol Mountains
Wilderness--Proposed 2'', dated September 1991, and which
shall be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled ``Cadiz Dunes
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-four thousand four hundred acres, as
generally depicted on a map entitled ``Cady Mountains
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Cady Mountains Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand
seven hundred acres, as generally depicted on a map entitled
``Carrizo Gorge Wilderness--Proposed'', dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(11) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management,
which comprise approximately sixty-four thousand three
hundred and twenty acres, as generally depicted on a map
entitled ``Chemehuevi Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Chemehuevi
Mountains Wilderness.
(12) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirteen thousand seven hundred acres, as generally depicted
on two maps entitled ``Chimney Peak Wilderness--Proposed 1''
and ``Chimney Peak Wilderness--Proposed 2'', dated May 1991,
and which shall be known as the Chimney Peak Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred fifty-eight thousand nine hundred
and fifty acres, as generally depicted on two maps entitled
``Chuckwalla Mountains Wilderness--Proposed 1'' and
``Chuckwalla Mountains Wilderness--Proposed 2'', dated
January 1989, and which shall be known as the Chuckwalla
Mountains Wilderness.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
thirty-four thousand three hundred and eighty acres, as
generally depicted on a map entitled ``Cleghorn Lakes
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Cleghorn Lakes Wilderness. The Secretary may,
pursuant to an application filed by the Department of
Defense, grant a right-of-way for, and authorize construction
of, a road and utilities within the area depicted as
``nonwilderness road corridor'' on such map.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand acres, as generally depicted on
a map entitled ``Clipper Mountain Wilderness--Proposed'',
dated May 1991, and which shall be known as Clipper Mountain
Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres,
as generally depicted on a map entitled ``Coso Range
Wilderness--Proposed'', dated May 1991, and which shall be
known as Coso Range Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted
on a map entitled ``Coyote Mountains Wilderness--Proposed'',
dated July 1993, and which shall be known as Coyote Mountains
Wilderness.
(18) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled ``Darwin Falls Wilderness--
Proposed'', dated May 1991, and which shall be known as
Darwin Falls Wilderness.
(19) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately forty-eight thousand eight
hundred and fifty acres, as generally depicted on a map
entitled ``Dead Mountains Wilderness--Proposed'', dated
October 1991, and which shall be known as Dead Mountains
Wilderness.
(20) Certain lands in the Bakersfield District, of the
Bureau of Land Management, which comprise approximately
thirty-six thousand three hundred acres, as generally
depicted on two maps entitled ``Domeland Wilderness
Additions--Proposed 1'' and ``Domeland Wilderness Additions--
Proposed 2'', dated February 1986 and which are hereby
incorporated in, and which shall be deemed to be a part of,
the Domeland Wilderness as designated by Public Laws 93-632
and 98-425.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``El Paso
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the El Paso Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled ``Fish Creek
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten
acres, as generally depicted on a map entitled ``Funeral
Mountains Wilderness--Proposed'', dated May 1991, and which
shall be known as Funeral Mountains Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Golden Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as Golden Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Grass Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as the Grass Valley Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``Hollow Hills
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty
acres, as generally depicted on a map entitled ``Ibex
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Ibex Wilderness.
(28) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-four thousand and fifty-five acres, as
generally depicted on a map entitled ``Indian Pass
Wilderness--Proposed'', dated May 1994, and which shall be
known as the Indian Pass Wilderness.
(29) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which
comprise approximately two hundred five thousand and twenty
acres, as generally depicted on three maps entitled ``Inyo
Mountains Wilderness--Proposed'', numbered in the title one
through three, and dated May 1991, and which shall be known
as the Inyo Mountains Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled ``Jacumba
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Jacumba Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five
hundred and eighty acres, as generally depicted on a map
entitled ``Kelso Dunes Wilderness--Proposed 1'', dated
October 1991, a map entitled ``Kelso Dunes Wilderness--
Proposed 2'', dated May 1991, and a map entitled ``Kelso
Dunes Wilderness--Proposed 3'', dated September 1991, and
which shall be known as the Kelso Dunes Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted
on a map entitled ``Kiavah Wilderness--Proposed 1'', dated
February 1986, and a map entitled ``Kiavah Wilderness--
Proposed 2'', dated May 1991, and which shall be known as the
Kiavah Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand six hundred and eight
acres, as generally depicted on four maps entitled ``Kingston
Range Wilderness--Proposed'', numbered in the title one
through four dated May 1994, and which shall be known as the
Kingston Range Wilderness.
(34) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred and eighty
acres, as generally depicted on a map entitled ``Little
Chuckwalla Mountains Wilderness--Proposed'', dated July 1993,
and which shall be known as the Little Chuckwalla Mountains
Wilderness.
(35) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately thirty-three thousand six
hundred acres, as generally depicted on a map entitled
``Little Picacho Wilderness--Proposed'', dated July 1993, and
which shall be known as the Little Picacho Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled ``Malpais Mesa
Wilderness--Proposed'', dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres, as
generally depicted on a map entitled ``Manly Peak
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Manly Peak Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as
generally depicted on a map entitled ``Mecca Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Mecca Hills Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as generally depicted on a map entitled ``Mesquite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Mesquite Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled ``Newberry Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Newberry Mountains Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and
sixty acres, as generally depicted on a map entitled ``Nopah
Range Wilderness--Proposed'', dated July 1993, and which
shall be known as the Nopah Range Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty
acres, as generally depicted on a map entitled ``North
Algodones Dunes Wilderness--Proposed'', dated October 1991,
and which shall be known as the North Algodones Dunes
Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled ``North
Mesquite Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the North Mesquite Mountains
Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and seventy
acres, as generally depicted on a map entitled ``Old Woman
Mountains Wilderness--Proposed 1'', dated May 1994 and a map
entitled ``Old Woman Mountains Wilderness--Proposed 2'',
dated October 1991, and which shall be known as the Old Woman
Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty-seven thousand four hundred and eighty
acres, as generally depicted on a map entitled ``Orocopia
Mountains Wilderness--Proposed'', dated May 1994, and which
shall be known as the Orocopia Mountains Wilderness.
(46) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four
thousand six hundred and forty acres, as generally depicted
on a map entitled ``Owens Peak Wilderness--Proposed 1'',
dated February 1986, and two maps entitled ``Owens Peak
Wilderness--Proposed 2'' dated February 1986 and ``Owens Peak
Wilderness--Proposed 3'', dated May 1991, and which shall be
known as the Owens Peak Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled ``Pahrump Valley
Wilderness--Proposed'', dated February 1986 and which shall
be known as the Pahrump Valley Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
``Palen/McCoy Wilderness--Proposed 1'', dated July 1993, and
a map entitled ``Palen/McCoy Wilderness--Proposed 2'', dated
July 1993, and which shall be known as the Palen/McCoy
Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten
acres, as generally depicted on a map entitled ``Palo Verde
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Palo Verde Mountains Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as
generally depicted on a map entitled ``Picacho Peak
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Picacho Peak Wilderness.
(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand six hundred acres, as
generally depicted on a map entitled ``Piper Mountain
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Piper Mountain Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled ``Piute
Mountains Wilderness--Proposed'', dated July 1993, and which
shall be known as the Piute Mountains Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixty-
eight acres, as generally depicted on a map entitled
``Resting Spring Range Wilderness--Proposed'', dated May
1991, and which shall be known as the Resting Spring Range
Wilderness.
(54) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres,
as generally depicted on a map entitled ``Rice Valley
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Rice Valley Wilderness.
(55) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately twenty-two thousand three
hundred eighty acres, as generally depicted on a map entitled
``Riverside Mountains Wilderness--Proposed'', dated May 1991,
and which shall be known as the Riverside Mountains
Wilderness.
(56) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-seven thousand seven hundred acres, as
generally depicted on a map entitled ``Rodman Mountains
Wilderness--Proposed'', dated January 1989, and which shall
be known as the Rodman Mountains Wilderness.
(57) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps
entitled ``Sacatar Trail Wilderness--Proposed 1'' and
``Sacatar Trail Wilderness--Proposed 2'', dated May 1991, and
which shall be known as the Sacatar Trail Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled ``Saddle Peak Hills
Wilderness--Proposed'', dated July 1993, and which shall be
known as the Saddle Peak Hills Wilderness.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled ``San Gorgonio
Wilderness Additions--Proposed'', dated July 1993, and which
are hereby incorporated in, and which shall be deemed to be a
part of, the San Gorgonio Wilderness as designated by Public
Laws 88-577 and 98-425.
(60) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled ``Santa Rosa
Wilderness Additions--Proposed'', dated March 1994, and which
are hereby incorporated in, and which shall be deemed to be
part of, the Santa Rosa Wilderness designated by Public Law
98-425.
(61) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted
on a map entitled ``Sawtooth Mountains Wilderness--
Proposed'', dated July 1993, and which shall be known as the
Sawtooth Mountains Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred
acres, as generally depicted on two maps entitled ``Sheep
Hole Valley Wilderness--Proposed 1'', dated July 1993, and
``Sheep Hole Valley Wilderness--Proposed 2'', dated July
1993, and which shall be known as the Sheephole Valley
Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-four thousand four hundred and ten acres,
as generally depicted on a map entitled ``Slate Range
Wilderness--Proposed'', dated October 1991, and which shall
be known as the Slate Range Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty
acres, as generally depicted on a map entitled ``South Nopah
Range Wilderness--Proposed'', dated February 1986, and which
shall be known as the South Nopah Range Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled ``Stateline Wilderness--
Proposed'', dated May 1991, and which shall be known as the
Stateline Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as
generally depicted on a map entitled ``Stepladder Mountains
Wilderness--Proposed'', dated February 1986, and which shall
be known as the Stepladder Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled ``Surprise
Canyon Wilderness--Proposed'', dated September 1991, and
which shall be known as the Surprise Canyon Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled ``Sylvania
Mountains Wilderness--Proposed'', dated February 1986, and
which shall be known as the Sylvania Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand seven hundred and twenty
acres, as generally depicted on a map entitled ``Trilobite
Wilderness--Proposed'', dated May 1991, and which shall be
known as the Trilobite Wilderness.
(70) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled ``Turtle
Mountains Wilderness--Proposed 1'', dated February 1986 and a
map entitled ``Turtle Mountains Wilderness--Proposed 2'',
dated May 1991, and which shall be known as the Turtle
Mountains Wilderness.
(71) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management,
which comprise approximately seventy-seven thousand five
hundred and twenty acres, as generally depicted on a map
entitled ``Whipple Mountains Wilderness--Proposed'', dated
July 1993, and which shall be known as the Whipple Mountains
Wilderness.
administration of wilderness areas
Sec. 103. Subject to valid existing rights, each wilderness
area designated under section 102 shall be administered by
the appropriate Secretary in accordance with the provisions
of the Wilderness Act, except that any reference in such
provisions to the effective date of the Wilderness Act shall
be deemed to be a reference to the effective date of this
title and any reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary who has
administrative jurisdiction over the area.
grazing
Sec. 104. Within the wilderness areas designated under
section 102, the grazing of livestock, where established
prior to the enactment of this Act, shall be permitted to
continue subject to such reasonable regulations, policies,
and practices as the Secretary deems necessary, as long as
such regulations, policies, and practices fully conform with
and implement the intent of Congress regarding grazing in
such areas as such intent is expressed in the Wilderness Act
and section 108 of Public Law 96-560 (16 U.S.C. 133 note).
buffer zones
Sec. 105. The Congress does not intend for the designation
of wilderness areas in section 102 of this Act to lead to the
creation of protective perimeters or buffer zones around any
such wilderness area. The fact that nonwilderness activities
or uses can be seen or heard from areas within a wilderness
shall not, of itself, preclude such activities or uses up to
the boundary of the wilderness area.
mining claim validity review
Sec. 106. The Secretary of the Interior shall not approve
any plan of operation prior to determining the validity of
the unpatented mining claims, mill sites, and tunnel sites
affected by such plan within any wilderness area designated
under section 102, and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
filing of maps and descriptions
Sec. 107. As soon as practicable after enactment of section
102, a map and a legal description on each wilderness area
designated under this title shall be filed by the Secretary
concerned with the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives, and each such map and description
shall have the same force and effect as if included in this
title, except that the Secretary may correct clerical and
typographical errors in each such legal description and map.
Each such map and legal description shall be on file and
available for public inspection in the office of the Director
of the Bureau of Land Management, Department of the Interior,
or the Chief of the Forest Service, Department of
Agriculture, as is appropriate.
wilderness review
Sec. 108. (a) The Congress hereby finds and directs that
except for those areas provided for in subsection (b), the
public lands in the California Desert Conservation Area,
managed by the Bureau of Land Management, not designated as
wilderness or wilderness study areas by this Act, have been
adequately studied for wilderness designation pursuant to
section 603 of the Federal Land Policy and Management Act of
1976 (90 Stat. 2743, 43 U.S.C. 1782), and are no longer
subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 pertaining to the
management of wilderness study areas in a manner that does
not impair the suitability of such areas for preservation as
wilderness.
(b) The following areas shall continue to be subject to the
requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976, pertaining to the management of
wilderness study areas in a manner that does not impair the
suitability of such areas for preservation as wilderness:
(1) Certain lands which comprise approximately sixty-one
thousand three hundred and twenty acres, as generally
depicted on a map entitled ``Avawatz Mountains Wilderness--
Proposed'', dated May 1991.
(2) Certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled ``Soda Mountains Wilderness--Proposed
1'', dated May 1991, and ``Soda Mountains Wilderness--
Proposed 2'', dated January 1989.
(3) Certain lands which compromise approximately twenty-
three thousand two hundred and fifty acres, as generally
depicted on a map entitled ``South Avawatz Mountains--
Proposed'', dated May 1991.
(4) Certain lands which comprise approximately eight
thousand eight hundred acres, as generally depicted on a map
entitled ``Great Falls Basin Wilderness--Proposed'', dated
February 1986.
(5) Certain lands which comprise approximately thirty-nine
thousand seven hundred and sixty acres, as generally depicted
on a map entitled ``Kingston Range Potential Future
Wilderness'', dated May 1994.
(c) Subject to valid existing rights, the Federal lands
referred to in subsection (b) are hereby withdrawn from all
forms of entry, appropriation, or disposal under the public
land laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto, and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
designation of wilderness study area
Sec. 109. In furtherance of the provisions of the
Wilderness Act, certain public lands in the California Desert
Conservation Area of the Bureau of Land Management which
comprise eleven thousand two hundred acres as generally
depicted on a map entitled ``White Mountains Wilderness Study
Area--Proposed'', dated May 1991, are hereby designated the
White Mountains Wilderness Study Area and shall be
administered by the Secretary in accordance with the
provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976.
suitability report
Sec. 110. The Secretary is required, ten years after the
date of enactment of this Act, to report to Congress on
current and planned exploration, development or mining
activities on, and suitability for future wilderness
designation of, the lands as generally depicted on maps
entitled ``Surprise Canyon Wilderness--Proposed'', ``Middle
Park Canyon Wilderness--Proposed'', and ``Death Valley
National Park Boundary and Wilderness 15'', dated September
1991 and a map entitled ``Manly Peak Wilderness--Proposed'',
dated October 1991.
wilderness designation and management in the national wildlife refuge
system
Sec. 111. (a) In furtherance of the purposes of the
Wilderness Act, the following lands are hereby designated as
wilderness and therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled ``Havasu Wilderness--Proposed'', and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two
maps entitled ``Imperial Refuge Wilderness--Proposed 1'' and
``Imperial Refuge Wilderness--Proposed 2'', and dated October
1991, and which shall be known as the Imperial Refuge
Wilderness.
(b) Subject to valid existing rights, the wilderness areas
designated under this section shall be administered by the
Secretary in accordance with the provisions of the Wilderness
Act governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective
date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of enactment of this
Act and any reference to the Secretary of Agriculture shall
be deemed to be a reference to the Secretary of the Interior.
(c) As soon as practicable after enactment of this section,
the Secretary shall file a map and a legal description of
each wilderness area designated under this section with the
Committees on Energy and Natural Resources and Environment
and Public Works of the Senate and Natural Resources and
Merchant Marine and Fisheries of the House of
Representatives. Such map and 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. Such map and legal
description shall be on file and available for public
inspection in the Office of the Director, United States Fish
and Wildlife Service, Department of the Interior.
Law Enforcement Access
Sec. 112. Nothing in this Act, including the wilderness
designations made by this Act, may be construed to preclude
Federal, State, and local law enforcement agencies from
conducting law enforcement and border operations as permitted
before the enactment of this Act, including the use of motor
vehicles and aircraft, on any lands designated as wilderness
by this Act.
Fish and Wildlife Management
Sec. 113. As provided in section 4(d)(7) of the Wilderness
Act, nothing in this title shall be construed as affecting
the jurisdiction of the State of California with respect to
fish and wildlife on the public lands located in that State.
Management activities to maintain or restore fish and
wildlife populations and the habitats to support such
populations may be carried out within wilderness areas
designated by this title and shall include the use of
motorized vehicles by the appropriate State agencies.
TITLE II--DEATH VALLEY NATIONAL PARK
findings
Sec. 201. The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, geological,
archeological, paleontological, cultural, historical and
wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a national park; and
(5) the wilderness within Death Valley should receive
maximum statutory protection by designation pursuant to the
Wilderness Act.
establishment of death valley national park
Sec. 202. There is hereby established the Death Valley
National Park, as generally depicted on 23 maps entitled
``Death Valley National Park Boundary and Wilderness--
Proposed'', numbered in the title one through twenty-three,
and dated May 1994 or prior, which shall be on file and
available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior. The Death Valley
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made
part of the new Death Valley National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
transfer and administration of lands
Sec. 203. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 202
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service for
administration as part of the National Park System. The
boundaries of the public lands and the national parks shall
be adjusted accordingly. The Secretary shall administer the
areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1-4).
maps and legal description
Sec. 204. Within six months after the enactment of this
title, the Secretary shall file maps and a legal description
of the park designated under this title with the Energy and
Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
202. The maps and legal description shall be on file and
available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior.
withdrawal
Sec. 205. Subject to valid existing rights, the Federal
lands and interests therein added to the National Park System
by this title are withdrawn from disposition under the public
land laws and from entry or appropriation under the mining
laws of the United States, from the operation of the mineral
leasing laws of the United States, and from operation of the
Geothermal Steam Act of 1970.
study as to validity of mining claims
Sec. 206. The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the additions to the park and shall submit to
Congress recommendations as to whether any valid or patented
claims should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
grazing
Sec. 207. (a) The privilege of grazing domestic livestock
on lands within the park shall continue to be exercised at no
more than the current level, subject to applicable laws and
National Park Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with
the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible
for the majority of the adjacent lands in accordance with the
laws applicable to such adjacent lands.
Death Valley National Park Advisory Commission
Sec. 208. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Death Valley
National Park.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
Boundary Adjustment
Sec. 210. In preparing the maps and legal descriptions
required by sections 204 and 502, the Secretary shall adjust
the boundaries of the Death Valley National Park and Death
Valley National Park Wilderness so as to exclude from such
National Park and Wilderness the lands generally depicted on
the map entitled ``Porter Mine (Panamint Range) Exclusion
Area'' dated June 1994.
TITLE III--JOSHUA TREE NATIONAL PARK
findings
Sec. 301. The Congress hereby finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the Monument boundaries as modified in 1950 and 1961
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, archeological,
paleontological, cultural, historical and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park
caliber, and afforded full recognition and statutory
protection as a national park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
establishment of joshua tree national park
Sec. 302. There is hereby established the Joshua Tree
National Park, as generally depicted on a map entitled
``Joshua Tree National Park Boundary--Proposed'', dated May
1991, and four maps entitled ``Joshua Tree National Park
Boundary and Wilderness'', numbered in the title one through
four, and dated October 1991 or prior, which shall be on file
and available for public inspection in the offices of the
Superintendent of the Park and the Director of the National
Park Service, Department of the Interior. The Joshua Tree
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made
part of the new Joshua Tree National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
transfer and administration of lands
Sec. 303. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 302
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service for
administration as part of the National Park System. The
boundaries of the public lands and the national parks shall
be adjusted accordingly. The Secretary shall administer the
areas added to the National Park System by this title in
accordance with the provisions of law generally applicable to
units of the National Park System, including the Act entitled
``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1-4).
maps and legal description
Sec. 304. Within six months after the enactment of this
title, the Secretary shall file maps and legal description of
the park designated by this title with the Energy and Natural
Resources Committee of the Senate and the Natural Resources
Committee of the House of Representatives. Such maps and
legal description shall have the same force and effect as if
included in this title, except that the Secretary may correct
clerical and typographical errors in such legal description
and in the maps referred to in section 302. The maps and
legal description shall be on file and available for public
inspection in the offices of the Superintendent of the Park
and the Director of the National Park Service, Department of
the Interior.
withdrawal
Sec. 305. Subject to valid existing rights, Federal lands
and interests therein added to the National Park System by
this title are withdrawn from disposition under the public
lands laws and from entry or appropriation under the mining
laws of the United States, from the operation of the mineral
leasing laws of the United States, and from the operation of
the Geothermal Steam Act of 1970.
utility rights-of-way
Sec. 306. Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation maintenance, repair, and replacement activities in
such right-of-way, issued, granted, or permitted to the
Metropolitan Water District pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617-619b), which is located on lands
included in the Joshua Tree National Park, but outside lands
designated as wilderness under section 501(2). Such
activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this title shall
have the effect of terminating the fee title to lands or
customary operation, maintenance, repair, and replacement
activities on or under such lands granted to the Metropolitan
Water District pursuant to the Act of June 18, 1932 (47 Stat.
324), which are located on lands included in the Joshua Tree
National Park, but outside lands designated as wilderness
under section 501(2). Such activities shall be conducted in a
manner which will minimize the impact on park resources. The
Secretary shall prepare within 180 days after the date of
enactment of this Act, in consultation with the Metropolitan
Water District, plans for emergency access by the
Metropolitan Water District to its lands and rights-of-way.
study as to validity of mining claims
Sec. 307. The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the park and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
joshua tree national park advisory commission
Sec. 308. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Joshua Tree
National Park.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the park is
located, a representative of the owners of private properties
located within or immediately adjacent to the park, and other
members representing persons actively engaged in grazing and
range management, mineral exploration and development, and
persons with expertise in relevant fields, including geology,
biology, ecology, law enforcement, and the protection and
management of National Park resources and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
TITLE IV--MOJAVE NATIONAL PRESERVE
findings
Sec. 401. The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as
established by this Act, protect unique and superlative
desert resources, but do not embrace the particular
ecosystems and transitional desert type found in the Mojave
Desert area lying between them on public lands now afforded
only impermanent administrative designation as a national
scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting
statutory designation and recognition as a unit of the
National Park System;
(3) the Mojave Desert area should be afforded full
recognition and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding
opportunity to develop services, programs, accommodations and
facilities to ensure the use and enjoyment of the area by
individuals with disabilities, consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
establishment of the mojave national preserve
Sec. 402. (a) There is hereby established the Mojave
National Preserve, comprising approximately one million four
hundred nineteen thousand eight hundred acres, as generally
depicted on a map entitled ``Mojave National Park Boundary--
Proposed'', dated May 17, 1994, which shall be on file and
available for inspection in the appropriate offices of the
Director of the National Park Service, Department of the
Interior.
(b)(1) There is hereby established the Dinosaur Trackway
Area of Critical Environmental Concern within the California
Desert Conservation Area, of the Bureau of Land Management,
comprising approximately five hundred and ninety acres as
generally depicted on a map entitled ``Dinosaur Trackway Area
of Critical Environmental Concern'', dated July 1993. The
Secretary shall administer the area to preserve the
paleontological resources within the area.
(2) Subject to valid existing rights, the Federal lands
within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map
entitled ``Dinosaur Trackway Mineral Withdrawal Area'', dated
July 1993, are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and
all amendments thereto.
transfer of lands
Sec. 403. Upon enactment of this title, the Secretary shall
transfer the lands under the jurisdiction of the Bureau of
Land Management depicted on the maps described in section 402
of this title, without consideration, to the administrative
jurisdiction of the Director of the National Park Service.
The boundaries of the public lands shall be adjusted
accordingly.
maps and legal description
Sec. 404. Within six months after the enactment of this
title, the Secretary shall file maps and a legal description
of the preserve designated under this title with the Energy
and Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives. Such
maps and legal description shall have the same force and
effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
402. The maps and legal description shall be on file and
available for public inspection in the offices of the
National Park Service, Department of the Interior.
abolishment of scenic area
Sec. 405. The East Mojave National Scenic Area, designated
on January 13, 1981 (46 FR 3994), and modified on August 9,
1983 (48 FR 36210), is hereby abolished.
administration of lands
Sec. 406. (a) The Secretary shall administer the preserve
in accordance with this title and with the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1-4).
(b) The Secretary shall permit hunting, fishing, and
trapping on lands and waters within the preserve designated
by this Act in accordance with applicable Federal and State
laws except that the Secretary may designate areas where, and
establish periods when, no hunting, fishing, or trapping will
be permitted for reasons of public safety, administration, or
compliance with provisions of applicable law. Except in
emergencies, regulations closing areas to hunting, fishing,
or trapping pursuant to this subsection shall be put into
effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing
in this Act shall be construed as affecting the jurisdiction
or responsibilities of the States with respect to fish and
wildlife on Federal lands and waters covered by this title
nor shall anything in this Act be construed as authorizing
the Secretary concerned to require a Federal permit to hunt,
fish, or trap on Federal lands and waters covered by this
title.
withdrawal
Sec. 407. Subject to valid existing rights, Federal lands
within the preserve, and interests therein, are withdrawn
from disposition under the public land laws and from entry or
appropriation under the mining laws of the United States,
from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal Steam Act of
1970.
study as to validity of mining claims
Sec. 408 (a) The Secretary shall not approve any plan of
operation prior to determining the validity of the unpatented
mining claims, mill sites, and tunnel sites affected by such
plan within the preserve and shall submit to Congress
recommendations as to whether any valid or patented claims
should be acquired by the United States, including the
estimated acquisition costs of such claims, and a discussion
of the environmental consequences of the extraction of
minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the
Secretary of the Interior shall permit the holder or holders
of mining claims identified on the records of the Bureau of
Land Management as Volco #A CAMC 105446 and Volco #B CAMC
105447 to continue exploration and development activities on
such claims for a period of two years after the date of
enactment of this Act, subject to the same regulations as
applied to such activities on such claims on the day before
such date of enactment.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine
whether there has been a discovery of valuable minerals on
such claims and whether, if such discovery had been made on
or before July 1, 1994, such claims would have been valid as
of such date under the mining laws of the United States in
effect on such date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to
such regulations as applied on July 1, 1994 to the exercise
of valid existing rights on patented mining claims within a
unit of the National Park System.
grazing
Sec. 409. (a) The privilege of grazing domestic livestock
on lands within the preserve shall continue to be exercised
at no more than the current level, subject to applicable laws
and National Park Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with
the acquisition of other lands within the preserve, provided
agreement can be reached concerning the terms and conditions
of such acquisition. Any such base property which is located
outside the preserve and acquired as a priority pursuant to
this section shall be managed by the Federal agency
responsible for the majority of the adjacent lands in
accordance with the laws applicable to such adjacent lands.
utility rights of way
Sec. 410. (a)(1) Nothing in this title shall have the
effect of terminating any validly issued right-of-way or
customary operation, maintenance, repair, and replacement
activities in such right-of-way, issued, granted, or
permitted to Southern California Edison Company, its
successors or assigns, which is located on lands included in
the Mojave National Preserve, but outside lands designated as
wilderness under section 501(3). Such activities shall be
conducted in a manner which will minimize the impact on
preserve resources.
(2) Nothing in this title shall have the effect of
prohibiting the upgrading of an existing electrical
transmission line for the purpose of increasing the capacity
of such transmission line in the Southern California Edison
Company validly issued Eldorado-Lugo Transmission Line right-
of-way and Mojave-Lugo Transmission Line right-of-way, or in
a right-of-way if issued, granted, or permitted by the
Secretary adjacent to the existing Mojave-Lugo Transmission
Line right-of-way (hereafter in this section referred to as
``adjacent right-of-way''), including construction of a
replacement transmission line: Provided, That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the ``Eldorado
rights-of-way'') at no time shall there be more than three
electrical transmission lines,
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the ``Mojave right-
of-way'') and adjacent right-of-way, removal of the existing
electrical transmission line and reclamation of the site
shall be completed no later than three years after the date
on which construction of the upgraded transmission line
begins, after which time there may be only one electrical
transmission line in the lands encompassed by Mojave right-
of-way and adjacent right-of-way,
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical
transmission lines in the lands encompassed by the Mojave
right-of-way and adjacent right-of-way may be allowed,
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts to
preserve resources,
(E) no more than 350 feet of additional land shall be
issued, granted, or permitted for an adjacent right-of-way to
the south of the Mojave right-of-way unless a greater
addition would reduce the impacts to preserve resources, and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will
minimize the impact on preserve resources.
(3) The Secretary shall prepare within 180 days after the
date of enactment of this Act, in consultation with the
Southern California Edison Company, plans for emergency
access by the Southern California Edison Company to its
rights-of-way.
(b)(1) Nothing in this title shall have the effect of
terminating any validly issued right-of-way, or customary
operation, maintenance, repair, and replacement activities in
such right-of-way; prohibiting the upgrading of and
construction on existing facilities in such right-of-way for
the purpose of increasing the capacity of the existing
pipeline; or prohibiting the renewal of such right-of-way
issued, granted, or permitted to the Southern California Gas
Company, its successors or assigns, which is located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 501(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this title, in
consultation with the Southern California Gas Company, plans
for emergency access by the Southern California Gas Company
to its rights-of-way.
(c) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted for
communications cables or lines, which are located on lands
included in the Mojave National Preserve, but outside lands
designated as wilderness under section 501(3). Such
activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(d) Nothing in this title shall have the effect of
terminating any validly issued right-of-way or customary
operation, maintenance, repair, and replacement activities of
existing facilities issued, granted, or permitted to
Molybdenum Corporation of America; Molycorp, Incorporated; or
Union Oil Company of California (d/b/a Unocal Corporation);
or its successors or assigns, or prohibiting renewal of such
right-of-way, which is located on lands included in the
Mojave National Preserve, but outside lands designated as
wilderness under section 501(3). Such activities shall be
conducted in a manner which will minimize the impact on
preserve resources.
preparation of management plan
Sec. 411. Within three years after the date of enactment of
this title, the Secretary shall submit to the Energy and
Natural Resources Committee of the Senate and the Natural
Resources Committee of the House of Representatives a
detailed and comprehensive management plan for the preserve.
Such plan shall place emphasis on historical and cultural
sites and ecological and wilderness values within the
boundaries of the preserve. Any development, including road
improvements, proposed by such plan shall be strictly limited
to that which is essential and appropriate for the
administration of the preserve and shall be designed and
located so as to maintain the primitive nature of the area
and to minimize the impairment of preserve resources or
ecological values. To the extent practicable, administrative
facilities, employee housing, commercial visitor services,
accommodations, and other preserve-related development shall
be located or provided for outside of the boundaries of the
preserve. Such plan shall evaluate the feasibility of using
the Kelso Depot and existing railroad corridor to provide
public access to and a facility for special interpretive,
educational, and scientific programs within the preserve.
Such plan shall specifically address the needs of individuals
with disabilities in the design of services, programs,
accommodations and facilities consistent with section 504 of
the Rehabilitation Act of 1973, Public Law 101-336, the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101),
and other appropriate laws and regulations.
granite mountains natural reserve
Sec. 412. (a) There is hereby designated the Granite
Mountains Natural Reserve within the preserve comprising
approximately nine thousand acres as generally depicted on a
map entitled ``Mojave National Park Boundary and Wilderness--
Proposed 6'', dated May 1991.
(b) Upon enactment of this title, the Secretary of the
Interior shall enter into a cooperative management agreement
with the University of California for the purposes of
managing the lands within the Granite Mountains Natural
Reserve. Such cooperative agreement shall ensure continuation
of arid lands research and educational activities of the
University of California, consistent with the provisions of
law generally applicable to units of the National Park
System.
construction of visitor center
Sec. 413. The Secretary is authorized to construct a
visitor center in the preserve for the purpose of providing
information through appropriate displays, printed material,
and other interpretive programs, about the resources of the
preserve.
acquisition of lands
Sec. 414. The Secretary is authorized to acquire all lands
and interest in lands within the boundary of the preserve by
donation, purchase, or exchange, except that--
(1) any lands or interests therein within the boundary of
the preserve which are owned by the State of California, or
any political subdivision thereof, may be acquired only by
donation or exchange except for lands managed by the
California State Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or
any political subdivision thereof may be acquired only with
the consent of the owner thereof unless the Secretary
determines, after written notice to the owner and after
opportunity for comment, that the property is being
developed, or proposed to be developed, in a manner which is
detrimental to the integrity of the preserve or which is
otherwise incompatible with the purposes of this title.
acquired lands be made part of mojave national preserve
Sec. 415. Any lands acquired by the Secretary under this
title shall become part of the Mojave National Preserve.
mojave national preserve advisory commission
Sec. 416. (a) The Secretary shall establish an advisory
commission of no more than 15 members, to advise the
Secretary concerning the development and implementation of a
new or revised comprehensive management plan for Mojave
National Preserve.
(b)(1) The advisory commission shall include an elected
official for each County within which any part of the
preserve is located, a representative of the owners of
private properties located within or immediately adjacent to
the preserve, and other members representing persons actively
engaged in grazing and range management, mineral exploration
and development, and persons with expertise in relevant
fields, including geology, biology, ecology, law enforcement,
and the protection and management of National Park resources
and values.
(2) Vacancies in the commission shall be filled by the
Secretary so as to maintain the full diversity of views
required to be represented on the Commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.
no adverse affect on land until acquired
Sec. 417. Unless and until acquired by the United States,
no lands within the boundaries of wilderness areas or
National Park System units designated or enlarged by this Act
that are owned by any person or entity other than the United
States shall be subject to any of the rules or regulations
applicable solely to the Federal lands within such boundaries
and may be used to the extent allowed by applicable law.
Neither the location of such lands within such boundaries nor
the possible acquisition of such lands by the United States
shall constitute a bar to the otherwise lawful issuance of
any Federal license or permit other than a license or permit
related to activities governed by 16 U.S.C. 460l-22(c).
Nothing in this section shall be construed as affecting the
applicability of any provision of the Mining in the Parks Act
(16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), or regulations applicable to oil and gas
development as set forth in 36 CFR 9B.
TITLE V--NATIONAL PARK WILDERNESS
designation of wilderness
Sec. 501. The following lands are hereby designated as
wilderness in accordance with the Wilderness Act (78 Stat.
890; 16 U.S.C. 1131 et seq.) and shall be administered by the
Secretary of the Interior in accordance with the applicable
provisions of the Wilderness Act:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred sixty-two thousand
one hundred and thirty-eight acres, as generally depicted on
23 maps entitled ``Death Valley National Park Boundary and
Wilderness'', numbered in the title one through twenty-three,
and dated May 1994 or prior, and three maps entitled ``Death
Valley National Park Wilderness'', numbered in the title one
through three, and dated May 1994 or prior, and which shall
be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand
seven hundred and eighty acres, as generally depicted on four
maps entitled ``Joshua Tree National Park Boundary and
Wilderness--Proposed'', numbered in the title one through
four, and dated October 1991 or prior, and which are hereby
incorporated in, and which shall be deemed to be a part of
the Joshua Tree Wilderness as designated by Public Law 94-
567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-four thousand acres, as
generally depicted on ten maps entitled ``Mojave National
Park Boundary and Wilderness--Proposed'', numbered in the
title one through ten, and dated May 1994 or prior, and seven
maps entitled ``Mojave National Park Wilderness--Proposed'',
numbered in the title one through seven, and dated May 1994
or prior, and which shall be known as the Mojave Wilderness.
(4) Upon cessation of all uses prohibited by the Wilderness
Act and publication by the Secretary in the Federal Register
of notice of such cessation, potential wilderness, comprising
approximately six thousand eight hundred and forty acres, as
described in ``1988 Death Valley National Monument Draft
General Management Plan Draft Environmental Impact
Statement'' (hereafter in this title referred to as ``Draft
Plan'') and as generally depicted on a map in the Draft Plan
entitled ``Wilderness Plan Death Valley National Monument'',
dated January 1988, shall be deemed to be a part of the Death
Valley Wilderness as designated in paragraph (1). Lands
identified in the Draft Plan as potential wilderness shall be
managed by the Secretary insofar as practicable as wilderness
until such time as said lands are designated as wilderness.
filing of maps and descriptions
Sec. 502. Maps and a legal description of the boundaries of
the areas designated in section 501 of this title shall be on
file and available for public inspection in the Office of the
Director of the National Park Service, Department of the
Interior, and in the Office of the Superintendent of each
area designated in section 501. As soon as practicable after
this title takes effect, maps of the wilderness areas and
legal descriptions of their boundaries shall be filed with
the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, and such maps and descriptions shall have
the same force and effect as if included in this title,
except that the Secretary may correct clerical and
typographical errors in such maps and descriptions.
administration of wilderness areas
Sec. 503. The areas designated by section 501 of this title
as wilderness shall be administered by the Secretary in
accordance with the applicable provisions of the Wilderness
Act governing areas designated by that title as wilderness,
except that any reference in such provision to the effective
date of the Wilderness Act shall be deemed to be a reference
to the effective date of this title, and where appropriate,
and reference to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary of the Interior.
TITLE VI--MISCELLANEOUS PROVISIONS
transfer of lands to red rock canyon state park
Sec. 601. Upon enactment of this title, the Secretary of
the Interior shall transfer to the State of California
certain lands within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately twenty thousand five hundred acres, as
generally depicted on two maps entitled ``Red Rock Canyon
State Park Additions 1'' and ``Red Rock Canyon State Park
Additions 2'', dated May 1991, for inclusion in the State of
California Park System. Should the State of California cease
to manage these lands as part of the State Park System,
ownership of the lands shall revert to the Department of the
Interior to be managed as part of the California Desert
Conservation Area to provide maximum protection for the
area's scenic and scientific values.
desert lily sanctuary
Sec. 602. (a) There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately two thousand forty acres, as generally depicted
on a map entitled ``Desert Lily Sanctuary'', dated February
1986. The Secretary of the Interior shall administer the area
to provide maximum protection to the desert lily.
(b) Subject to valid existing rights, Federal lands within
the sanctuary, and interests therein, are withdrawn from
disposition under the public land laws and from entry or
appropriation under the mining laws of the United States,
from the operation of the mineral leasing laws of the United
States, and from operation of the Geothermal Steam Act of
1970.
land tenure adjustments
Sec. 603. In preparing land tenure adjustment decisions
within the California Desert Conservation Area, of the Bureau
of Land Management, the Secretary shall give priority to
consolidating Federal ownership within the national park
units and wilderness areas designated by this Act.
disposal prohibition
Sec. 604. Notwithstanding any other provision of law, the
Secretary of the Interior and the Secretary of Agriculture
may not dispose of any lands within the boundaries of the
wilderness, parks, or preserve designated under this Act or
grant a right-of-way in any lands within the boundaries of
the wilderness designated under this Act. Further, none of
the lands within the boundaries of the wilderness, parks, or
preserve designated under this Act shall be granted to or
otherwise made available for use by the Metropolitan Water
District and any other agencies or persons pursuant to the
Boulder Canyon Project Act (43 U.S.C. 617-619b) or any
similar Acts.
management of newly acquired lands
Sec. 605. Any lands within the boundaries of a wilderness
area designated under this Act which are acquired by the
Federal Government shall become part of the wilderness area
within which they are located and shall be managed in
accordance with all the provisions of this Act and other laws
applicable to such wilderness area.
native american uses
Sec. 606. (a) In recognition of the past use of the parks,
wilderness, and preserve areas designed under this Act by
Indian people for traditional cultural and religious
purposes, the Secretary shall ensure access to such parks,
wilderness, and preserve areas by Indian people for such
traditional cultural and religious purposes. In implementing
this section, the Secretary, upon the request of an Indian
tribe or Indian religious community, shall temporarily close
to the general public use of one or more specific portions of
park, wilderness, or preserve areas in order to protect the
privacy of traditional cultural and religious activities in
such areas by Indian people. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C.
1996) commonly referred to as the ``American Indian Religious
Freedom Act'', and with respect to areas designated as
wilderness, the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131).
(b)(1) The Secretary, in consultation with the Timbisha
Shoshone Tribe and relevant Federal agencies, shall conduct a
study, subject to the availability of appropriations, to
identify lands suitable for a reservation for the Timbisha
Shoshone Tribe that are located within the Tribe's aboriginal
homeland area.
(2) Not later than two years after the date of enactment of
this Act, the Secretary shall submit a report to the
Committee on Energy and Natural Resources and the Committee
on Indian Affairs of the Senate, and the Committee on Natural
Resources of the House of Representatives on the results of
the study conducted under paragraph (1).
water rights
Sec. 607. (a) With respect to each wilderness area
designated by this Act, Congress hereby reserves a quantity
of water sufficient to fulfill the purposes of this Act. The
priority date of such reserved water rights shall be the date
of enactment of this Act.
(b) The Secretary of the Interior and all other officers of
the United States shall take all steps necessary to protect
the rights reserved by this section, including the filing by
the Secretary of a claim for the quantification of such
rights in any present or future appropriate stream
adjudication in the courts of the State of California in
which the United States is or may be joined and which is
conducted in accordance with section 208 of the Act of July
10, 1952 (66 Stat. 560, 43 U.S.C. 666; commonly referred to
as the McCarran Amendment).
(c) Nothing in this Act shall be construed as a
relinquishment or reduction of any water rights reserved or
appropriated by the United States in the State of California
on or before the date of enactment of this Act.
(d) The Federal water rights reserved by this Act are
specific to the wilderness areas located in the State of
California designated under this Act. Nothing in this Act
related to the reserved Federal water rights shall be
construed as establishing a precedent with regard to any
future designations, nor shall it constitute an
interpretation of any other Act or any designation made
thereto.
(e) Nothing in this Act shall be construed to affect the
operation of federally owned dams located on the Colorado
River in the Lower Basin.
(f) Nothing in this Act shall be construed to amend,
supersede, or preempt any State law, Federal law, interstate
compact, or international treaty pertaining to the Colorado
River (including its tributaries) in the Upper Basin,
including, but not limited to the appropriation, use,
development, storage, regulation, allocation, conservation,
exportation, or quality of those rivers.
(g) With respect to the Havasu and Imperial wilderness
areas designated by section 111 of title I of this Act, no
rights to water of the Colorado River are reserved, either
expressly, impliedly, or otherwise.
state school lands
Sec. 608. (a) Upon request of the California State Lands
Commission (hereinafter in this section referred to as the
``Commission''), the Secretary shall enter into negotiations
for an agreement to exchange Federal lands or interests
therein on the list referred to in subsection (b)(2) for
California State School Lands (hereinafter in this section
referred to as ``State School Lands'') or interests therein
which are located within the boundaries of one or more of the
wilderness areas or park units designated by this Act. The
Secretary shall negotiate in good faith to reach a land
exchange agreement consistent with the requirements of
section 206 of the Federal Land Policy and Management Act of
1976.
(b) Within six months after the date of enactment of this
Act, the Secretary shall send to the Commission and to the
Committees a list of the following:
(1) The State School Lands or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, including in the following priority:
(A) Lands with mineral interests, including geothermal,
which have the potential for commercial development but which
are not currently under mineral lease or producing Federal
mineral revenues.
(B) Federal lands in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for
any Bureau of Reclamation project.
(C) Any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management Act of
1976, has determined to be suitable for disposal through
exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for an
exchange involving five thousand acres or less of Federal
land or interests therein, or Federal lands valued at less
than $5,000,000, the Secretary may carry out the exchange in
accordance with the Federal Land Policy and Management Act of
1976.
(2) If an agreement under this section is for an exchange
involving more than five thousand acres of Federal land or
interests therein, or Federal land valued at more than
$5,000,000, the agreement shall be submitted to the
Committees, together with a report containing--
(A) a complete list and appraisal of the lands or interests
in lands proposed for exchange; and
(B) a determination that the State School Lands proposed to
be acquired by the United States do not contain any hazardous
waste, toxic waste, or radioactive waste.
(d) An agreement submitted under subsection (c)(2) shall
not take effect unless approved by a joint resolution enacted
by the Congress.
(e) If exchanges of all of the State School Lands are not
completed by October 1, 2004, the Secretary shall adjust the
appraised value of any remaining inholdings consistent with
the provisions of section 206 of the Federal Land Management
Policy Act of 1976. The Secretary shall establish an account
in the name of the Commission in the amount of such appraised
value. Title to the State School Lands shall be transferred
to the United States at the time such account is credited.
(f) The Commission may use the credit in its account to
bid, as any other bidder, for excess or surplus Federal
property to be sold in the State of California in accordance
with the applicable laws and regulations of the Federal
agency offering such property for sale. The account shall be
adjusted to reflect successful bids under this section or
payments or forfeited deposits, penalties, or other costs
assessed to the bidder in the course of such sales. In the
event that the balance in the account has not been reduced to
zero by October 1, 2009, there are authorized to be
appropriated to the Secretary for payment to the California
State Lands Commission funds equivalent to the balance
remaining in the account as of October 1, 2009.
(g) As used in this section, the term ``Committees'' means
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
exchanges
Sec. 609. (a) Upon request of the holder of private lands
(hereafter in this section referred to as the ``landowner''),
the Secretary shall enter into negotiations for an agreement
or agreements to exchange Federal lands or interests therein
on the list referred to in subsection (b)(2) of this section
for lands of the landowner or interests therein which are
located within the boundaries of one or more of the
wilderness areas or park units designated by this Act.
(b) Within six months after the date of enactment of this
Act, the Secretary shall send to the landowner and to the
Committees a list of the following:
(1) Lands of the landowner or interests therein (including
mineral interests) which are located within the boundaries of
the wilderness areas or park units designated by this Act.
(2) Lands under the Secretary's jurisdiction to be offered
for exchange, in the following priority:
(A) Lands, including lands with mineral and geothermal
interests, which have the potential for commercial
development but which are not currently under lease or
producing Federal revenues.
(B) Federal lands managed by the Bureau of Reclamation that
the Secretary determines are not needed for any Bureau of
Reclamation project.
(C) Any public lands that the Secretary, pursuant to the
Federal Land Policy and Management Act of 1976, has
determined to be suitable for disposal through exchange.
(3) The Secretary may exclude, in his discretion, lands
located within, or contiguous to, the exterior boundaries of
lands held in trust for a federally recognized Indian tribe
located in the State of California.
(c)(1) If an agreement under this section is for (A) an
exchange involving lands outside the State of California, (B)
more than 5,000 acres of Federal land or interests therein in
California, or (C) Federal lands in any State valued at more
than $5,000,000, the Secretary shall provide to the
Committees a detailed report of each such land exchange
agreement.
(2) All land exchange agreements shall be consistent with
the Federal Land Policy and Management Act of 1976.
(3) Any report submitted to the Committees under this
subsection shall include the following:
(A) A complete list and appraisal of the lands or interests
in land proposed for exchange.
(B) A complete list of the lands, if any, to be acquired by
the United States which contain any hazardous waste, toxic
waste, or radioactive waste which requires removal or
remedial action under Federal or State law, together with the
estimated costs of any such action.
(4) An agreement under this subsection shall not take
effect unless approved by a joint resolution enacted by the
Congress.
(d) The Secretary shall provide the California State Lands
Commission with a one hundred eighty-day right of first
refusal to exchange for any Federal lands or interests
therein, located in the State of California, on the list
referred to in subsection (b)(2). Any lands with respect to
which a right of first refusal is not noticed within such
period or exercised under this subsection shall be available
to the landowner for exchange in accordance with this
section.
(e) On January 3, 1999, the Secretary shall provide to the
Committees a list and appraisal consistent with the Federal
Land Policy and Management Act of 1976 of all private lands
eligible for exchange under this section for which an
exchange has not been completed. With respect to any of such
lands for which an exchange has not been completed by October
1, 2004 (hereafter in this section referred to as ``remaining
lands''), the Secretary shall establish an account in the
name of each landowner (hereafter in this section referred to
as the ``exchange account''). Upon the transfer of title by
the landowner to all or a portion of the remaining lands to
the United States, the Secretary shall credit the exchange
account in the amount of the appraised value of the
transferred remaining lands at the time of such transfer.
(f) The landowner may use the credit in its account to bid,
as any other bidder, for excess or surplus Federal property
to be sold in the State of California in accordance with the
applicable laws and regulations of the Federal agency
offering such property for sale. The account shall be
adjusted to reflect successful bids under this section or
payments or forfeited deposits, penalties, or other costs
assessed to the bidder in the course of such sales. Upon
approval by the Secretary in writing, the credits in the
landowner's exchange account may be transferred or sold in
whole or in part by the landowner to any other party, thereby
vesting such party with all the rights formerly held by the
landowner. The exchange account shall be adjusted to reflect
successful bids under this section or payments or forfeited
deposits, penalties, or other costs assessed to the bidder in
the course of such sales.
(g)(1) The Secretary shall not accept title pursuant to
this section to any lands unless such title includes all
right, title, and interest in and to the fee estate.
(2) Notwithstanding paragraph (1), the Secretary may accept
title to any subsurface estate where the United States holds
title to the surface estate.
(3) This subsection does not apply to easements and rights-
of-way for utilities or roads.
(h) In no event shall the Secretary accept title under this
section to lands which contain any hazardous waste, toxic
waste, or radioactive waste which requires removal or
remedial action under Federal or State law unless such
remedial action has been completed prior to the transfer.
(i) For purposes of the section, any appraisal shall be
consistent with the provisions of section 206 of the Federal
Land Policy and Management Act of 1976.
(j) As used in this section, the term ``Committees'' means
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
TITLE VII--DEFINITIONS AND AUTHORIZATION OF APPROPRIATIONS
definitions
Sec. 701. For the purposes of this Act:
(1) The term ``Secretary'', unless specifically designated
otherwise, means the Secretary of the Interior.
(2) The term ``public lands'' means any land and interest
in land owned by the United States and administered by the
Secretary of the Interior through the Bureau of Land
Management.
authorization of appropriations
Sec. 702. There are hereby authorized to be appropriated to
the National Park Service and Bureau of Land Management to
carry out the purposes of this Act an amount not to exceed
$36,000,000 over and above that provided in fiscal year 1994
for additional administrative and construction costs over the
fiscal year 1995-1999 period and $300,000,000 for all land
acquisition costs. No funds in excess of these amounts may be
used for construction, administration, or land acquisition
authorized under this Act without a specific authorization in
an Act of Congress enacted after the date of enactment of
this Act.
land appraisal
Sec. 703. Lands and interests in lands acquired pursuant to
this Act shall be appraised without regard to the presence of
a species listed as threatened or endangered pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
TITLE VIII--CALIFORNIA MILITARY LANDS WITHDRAWAL
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
``California Military Lands Withdrawal and Overflights Act of
1994''.
(b) Findings.--The Congress finds that--
(1) the Federal lands within the desert regions of
California have provided essential opportunities for military
training, research, and development for the Armed Forces of
the United States and allied nations;
(2) alternative sites for military training and other
military activities carried out on Federal lands in the
California desert area are not readily available;
(3) while changing world conditions have lessened to some
extent the immediacy of military threats to the national
security of the United States and its allies, there remains a
need for military training, research, and development
activities of the types that have been carried out on Federal
lands in the California desert area; and
(4) continuation of existing military training, research,
and development activities, under appropriate terms and
conditions, is not incompatible with the protection and
proper management of the natural, environmental, cultural,
and other resources and values of the Federal lands in the
California desert area.
SEC. 802. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and
except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the
boundary of such lands as depicted on the map specified in
such paragraph which may become subject to the operation of
the public land laws, are hereby withdrawn from all forms of
appropriation under the public land laws (including the
mining laws and the mineral leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support; and
(D) subject to the requirements of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands, located within the boundaries of the China Lake Naval
Weapons Center, comprising approximately 1,100,000 acres in
Inyo, Kern, and San Bernardino Counties, California, as
generally depicted on a map entitled ``China Lake Naval
Weapons Center Withdrawal--Proposed'', dated January 1985,
and filed in accordance with section 803.
(b) Chocolate Mountain.--(1) Subject to valid existing
rights and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundary of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws and the mineral leasing and the
geothermal leasing laws). Such lands are reserved for use by
the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 226,711 acres in Imperial
County, California, as generally depicted on a map entitled
``Chocolate Mountain Aerial Gunnery Range Proposed--
Withdrawal'' dated July 1993 and filed in accordance with
section 803.
(c) El Centro Ranges.--(1) Subject to valid existing
rights, and except as otherwise provided in this title, the
Federal lands referred to in paragraph (2), and all other
areas within the boundaries of such lands as depicted on the
map specified in such paragraph which may become subject to
the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws
(including the mining laws) but not the mineral or geothermal
leasing laws. Such lands are reserved for use by the
Secretary of the Navy for--
(A) defense-related purposes in accordance with the
Memorandum of Understanding dated June 29, 1987, between the
Bureau of Land Management, the Bureau of Reclamation, and the
Department of the Navy; and
(B) subject to the provisions of section 804(f), other
defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately 46,600 acres in Imperial
County, California, as generally depicted on a map entitled
``Exhibit A, Naval Air Facility, El Centro, California, Land
Acquisition Map, Range 2510 (West Mesa) dated March 1993 and
a map entitled ``Exhibit B, Naval Air Facility, El Centro,
California, Land Acquisition Map Range 2512 (East Mesa)''
dated March 1993.
SEC. 803. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as
practicable after the date of enactment of this title, the
Secretary of the Interior shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this title with the Committee on
Energy and Natural Resources of the United States Senate and
with the Committee on Natural Resources of the United States
House of Representatives.
(b) Technical Corrections.--Such maps and legal
descriptions shall have the same force and effect as if they
were included in this title except that the Secretary of the
Interior may correct clerical and typographical errors in
such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such
maps and legal descriptions shall be available for public
inspection in the Office of the Director of the Bureau of
Land Management, Washington, District of Columbia; the Office
of the Director, California State Office of the Bureau of
Land Management, Sacramento, California; the office of the
commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine
Corps Air Station, Yuma, Arizona; and the Office of the
Secretary of Defense, Washington, District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of the Interior for the cost of
implementing this section.
SEC. 804. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1)
Except as provided in subsection (g), during the period of
the withdrawal the Secretary of the Interior shall manage the
lands withdrawn under section 802 pursuant to the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.) and other applicable law, including this Act.
(2) To the extent consistent with applicable law and
Executive orders, the lands withdrawn under section 802 may
be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the
uses described in paragraph (2), shall be subject to such
conditions and restrictions as may be necessary to permit the
military use of such lands for the purposes specified in or
authorized pursuant to this title.
(B) The Secretary of the Interior may issue any lease,
easement, right-of-way, or other authorization with respect
to the nonmilitary use of such lands only with the
concurrence of the Secretary of the Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy
determines that military operations, public safety, or
national security require the closure to public use of any
road, trail, or other portion of the lands withdrawn by this
title, the Secretary may take such action as the Secretary
determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.
(3) Before and during any closure under this subsection,
the Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary of the Interior (after
consultation with the Secretary of the Navy) shall develop a
plan for the management of each area withdrawn under section
802 during the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) Brush and Range Fires.--The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn
under section 802 as a result of military activities and may
seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land
Management assistance in the suppression of such fires, and
for a transfer of funds from the Department of the Navy to
the Bureau of Land Management as compensation for such
assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the
Interior and the Secretary of the Navy shall (with respect to
each land withdrawal under section 802) enter into a
memorandum of understanding to implement the management plan
developed under subsection (c). Any such memorandum of
understanding shall provide that the Director of the Bureau
of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of
the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section
802.
(f) Additional Military Uses.--(1) Lands withdrawn by
section 802 may be used for defense-related uses other than
those specified in such section. The Secretary of Defense
shall promptly notify the Secretary of the Interior in the
event that the lands withdrawn by this title will be used for
defense-related purposes other than those specified in
section 802. Such notification shall indicate the additional
use or uses involved, the proposed duration of such uses, and
the extent to which such additional military uses of the
withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-
permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary of the
Interior may assign the management responsibility for the
lands withdrawn under section 802(a) to the Secretary of the
Navy who shall manage such lands, and issue leases,
easements, rights-of-way, and other authorizations, in
accordance with this title and cooperative management
arrangements between the Secretary of the Interior and the
Secretary of the Navy. In the case that the Secretary of the
Interior assigns such management responsibility to the
Secretary of the Navy before the development of the
management plan under subsection (c), the Secretary of the
Navy (after consultation with the Secretary of the Interior)
shall develop such management plan. Nothing in this title
shall affect geothermal leases issued by the Secretary of the
Interior prior to the date of enactment of this title or the
responsibility of the Secretary to administer and manage such
leases consistent with the provisions of this title.
(2) The Secretary of the Interior shall be responsible for
the issuance of any lease, easement, right-of-way, and other
authorization with respect to any activity which involves
both the lands withdrawn under section 802(a) and any other
lands. Any such authorization shall be issued only with the
consent of the Secretary of the Navy and, to the extent that
such activity involves lands withdrawn under section 802(a),
shall be subject to such conditions as the Secretary of the
Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to
the Secretary of the Interior an annual report on the status
of the natural and cultural resources and values of the lands
withdrawn under section 802(a). The Secretary of the Interior
shall transmit such report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) and may utilize helicopters
and motorized vehicles for such purposes. Such management
shall be in accordance with laws applicable to such
management on public lands and with an appropriate memorandum
of understanding between the Secretary of the Interior and
the Secretary of the Navy.
(5) Neither this Act nor any other provision of law shall
be construed to prohibit the Secretary of the Interior from
issuing and administering any lease for the development and
utilization of geothermal steam and associated geothermal
resources on the lands withdrawn under section 802(a)
pursuant to the Geothermal Steam Act of 1970 (30 U.S.C. 1001
et seq.) and other applicable law, but no such lease shall be
issued without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration
and development authority of the Secretary of the Navy under
section 2689 of title 10, United States Code, except that the
Secretary of the Navy shall obtain the concurrence of the
Secretary of the Interior before taking action under that
section with respect to the lands withdrawn under section
802(a).
(7) Upon the expiration of the withdrawal made by
subsection (a) of section 802 or relinquishment of the lands
withdrawn by that subsection, Navy contracts for the
development of geothermal resources at China Lake then in
effect (including amendments or renewals by the Navy after
the date of enactment of this Act) shall remain in effect:
Provided, That the Secretary of the Interior, with the
consent of the Secretary of the Navy, may offer to substitute
a standard geothermal lease for any such contract.
(h) Management of El Centro Ranges.--To the extent
consistent with this title, the lands and minerals within the
areas described in section 802(c) shall be managed in
accordance with the Cooperative Agreement entered into
between the Bureau of Land Management, Bureau of Reclamation,
and the Department of the Navy, dated June 29, 1987.
SEC. 805. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawal and reservation established
by this title shall terminate 15 years after the date of
enactment of this Act.
(b) Draft Environmental Impact Statement.--No later than 12
years after the date of enactment of this Act, the Secretary
of the Navy shall publish a draft environmental impact
statement concerning continued or renewed withdrawal of any
portion of the lands withdrawn by this title for which that
Secretary intends to seek such continued or renewed
withdrawal. Such draft environmental impact statement shall
be consistent with the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applicable to such a draft environmental impact statement.
Prior to the termination date specified in subsection (a),
the Secretary of the Navy shall hold a public hearing on any
draft environmental impact statement published pursuant to
this subsection. Such hearing shall be held in the State of
California in order to receive public comments on the
alternatives and other matters included in such draft
environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by
this title may not be extended or renewed except by an Act or
joint resolution.
SEC. 806. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent
funds are made available, shall maintain a program of
decontamination of lands withdrawn by this title at least at
the level of decontamination activities performed on such
lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits
to the Congress the President's proposed budget for the first
fiscal year beginning after the date of enactment of this Act
and for each subsequent fiscal year, the Secretary of the
Navy shall transmit to the Committees on Appropriations,
Armed Services, and Energy and Natural Resources of the
Senate and to the Committees on Appropriations, Armed
Services, and Natural Resources of the House of
Representatives a description of the decontamination efforts
undertaken during the previous fiscal year on such lands and
the decontamination activities proposed for such lands during
the next fiscal year including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full decontamination of
such lands and the estimate of the time to complete such
decontamination.
SEC. 807. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior
to the termination of the withdrawal and reservation
established by this title, the Secretary of the Navy shall
advise the Secretary of the Interior as to whether or not the
Secretary of the Navy will have a continuing military need
for any of the lands withdrawn under section 802 after the
termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary shall file an application for
extension of the withdrawal and reservation of such needed
lands in accordance with the regulations and procedures of
the Department of the Interior applicable to the extension of
withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation,
the Secretary of the Navy decides to relinquish all or any of
the lands withdrawn and reserved by this title, the Secretary
shall file a notice of intention to relinquish with the
Secretary of the Interior.
(b) Contamination.--(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the
Secretary of Defense, acting through the Department of Navy,
shall prepare a written determination concerning whether and
to what extent the lands that are to be relinquished are
contaminated with explosive, toxic, or other hazardous
materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish
and the determination concerning the contaminated state of
the lands shall be published in the Federal Register by the
Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a)
is contaminated, and the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines that
decontamination is practicable and economically feasible
(taking into consideration the potential future use and value
of the land) and that upon decontamination, the land could be
opened to operation of some or all of the public land laws,
including the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are
appropriated for such purpose.
(d) Alternatives.--If the Secretary of the Interior, after
consultation with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is not
practicable or economically feasible, or that the land cannot
be decontaminated sufficiently to be opened to operation of
some or all of the public land laws, or if Congress does not
appropriate a sufficient amount of funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to
accept jurisdiction over lands withdrawn by this title which
have been proposed for relinquishment, or if at the
expiration of the withdrawal made by this title the Secretary
of the Interior determines that some of the lands withdrawn
by this title are contaminated to an extent which prevents
opening such contaminated lands to operation of the public
land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands
except in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
subsection.
(f) Revocation Authority.--Notwithstanding any other
provision of law, the Secretary of the Interior, upon
deciding that it is in the public interest to accept
jurisdiction over lands proposed for relinquishment pursuant
to subsection (a), is authorized to revoke the withdrawal and
reservation established by this title as it applies to such
lands. Should the decision be made to revoke the withdrawal
and reservation, the Secretary of the Interior shall publish
in the Federal Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
SEC. 808. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or
the Secretary of the Navy under this title may be delegated.
(b) Interior.--The functions of the Secretary of the
Interior under this title may be delegated, except that an
order described in section 807(f) may be approved and signed
only by the Secretary of the Interior, the Under Secretary of
the Interior, or an Assistant Secretary of the Department of
the Interior.
SEC. 809. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
by this title shall be conducted in accordance with the
provisions of section 2671 of title 10, United States Code.
SEC. 810. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury
or damage to persons or property suffered in the course of
any geothermal leasing or other authorized nonmilitary
activity conducted on lands described in section 802 of this
title.
SEC. 811. MILITARY OVERFLIGHTS.
(a) Effect of Act.--(1) Nothing in this Act shall be
construed to--
(A) restrict or preclude continuation of low-level military
overflights, including those on existing flight training
routes; or
(B) affect the designation of new units of special airspace
or the establishment of new flight training routes,
over the lands designated by this Act for inclusion within
new or expanded units of the National Park System or National
Wilderness Preservation System.
(2) Nothing in this Act shall be construed as requiring
revision of existing policies or procedures applicable to the
designation of units of special airspace or the establishment
of flight training routes over any Federal lands affected by
this Act.
(b) Monitoring.--The Secretary of the Interior and the
Secretary of Defense shall monitor the effects of military
overflights on the resources and values of the units of the
National Park System and National Wilderness Preservation
System designated or expanded by this Act, and shall attempt,
consistent with national security needs, to resolve concerns
related to such overflights and to avoid or minimize adverse
impacts on resources and values and visitor safety associated
with such overflight activities.
SEC. 812. TERMINATION OF PRIOR RECLAMATION WITHDRAWALS.
Except to the extent that existing Bureau of Reclamation
withdrawals of public lands were identified for continuation
in Federal Register Notice Document 92-4838 (57 Federal
Register 7599, March 3, 1992), as amended by Federal Register
Correction Notices (57 Federal Register 19135, May 4, 1992;
57 Federal Register 19163, May 4, 1992; and 58 Federal
Register 30181, May 26, 1993), all existing Bureau of
Reclamation withdrawals made by Secretarial Orders and Public
Land Orders affecting public lands and Indian lands located
within the California Desert Conservation Area established
pursuant to section 601 of the Federal Land Policy and
Management Act of 1976 are hereby terminated.
TITLE IX--BUY AMERICAN ACT
SEC. 901. COMPLIANCE WITH BUY AMERICAN ACT.
None of the funds made available in this Act may be
expended in violation of sections 2 through 4 of the Act of
March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the
``Buy American Act''), which are applicable to those funds.
TITLE X--PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Bodie Protection Act of
1994''.
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the historic Bodie gold mining district in the State of
California is the site of the largest and best preserved
authentic ghost town in the western United States;
(2) the Bodie Bowl area contains important natural,
historical, and aesthetic resources;
(3) Bodie was designated a National Historical Landmark in
1961 and a California State Historic Park in 1962, is listed
on the National Register of Historic Places, and is included
in the Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing
the local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore
and extract minerals: mining in the Bodie Bowl area may have
adverse physical and aesthetic impacts on Bodie's historical
integrity, cultural values, and ghosttown character as well
as on its recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the
Secretary of the Interior to protect the ghosttown character,
ambience, historic buildings, and scenic attributes of the
town of Bodie and nearby areas;
(7) the California State Legislature also requested the
Secretary, if necessary to protect the Bodie Bowl area, to
withdraw the Federal lands within the area from all forms of
mineral entry and patent;
(8) the National Park Service listed Bodie as a priority
one endangered National Historic Landmark in its fiscal year
1990 and 1991 report to Congress entitled ``Threatened and
Damaged National Historic Landmarks'' and recommended
protection of the Bodie area; and
(9) it is necessary and appropriate to provide that all
Federal lands within the Bodie Bowl area are not subject to
location, entry, and patent under the mining laws of the
United States, subject to valid existing rights, and to
direct the Secretary to consult with the Governor of the
State of California before approving any mining activity plan
within the Bodie Bowl.
SEC. 1003. DEFINITIONS.
For purposes of this title:
(1) The term ``Bodie Bowl'' means the Federal lands and
interests in lands within the area generally depicted on the
map referred to in section 1004(a).
(2) The term ``mineral activities'' means any activity
involving mineral prospecting, exploration, extraction,
milling, beneficiation, processing, and reclamation.
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND
DISPOSAL LAWS.
(a) Restriction.--Subject to valid existing rights, after
the date of enactment of this title Federal lands and
interests in lands within the area generally depicted on the
map entitled ``Bodie Bowl'' and dated June 12, 1992, shall
not be--
(1) open to the entry or location of mining and mill site
claims under the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970
(30 U.S.C. 100 and following), for lands within the Bodie
Bowl; and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Materials Act of
1947 (30 U.S.C. 601 and following).
Such map shall be on file and available for public inspection
in the Office of the Secretary, and appropriate offices of
the Bureau of Land Management and the National Park Service.
As soon as practicable after the date of enactment of this
title, the Secretary shall publish a legal description of the
Bodie Bowl area in the Federal Register.
(b) Valid Existing Rights.--As used in this subsection, the
term ``valid existing rights'' in reference to the general
mining laws means that a mining claim located on lands within
the Bodie Bowl was properly located and maintained under the
general mining laws prior to the date of enactment of this
title, was supported by a discovery of a valuable mineral
deposit within the meaning of the general mining laws on the
date of enactment of this title, and that such claim
continues to be valid.
(c) Validity Review.--The Secretary shall undertake an
expedited program to determine the validity of all unpatented
mining claims located within the Bodie Bowl. The expedited
program shall include an examination of all unpatented mining
claims, including those for which a patent application has
not been filed. If a claim is determined to be invalid, the
Secretary shall promptly declare the claim to be null and
void, except that the Secretary shall not challenge the
validity of any claim located within the Bodie Bowl for the
failure to do assessment work for any period after the date
of enactment of this title. The Secretary shall make a
determination with respect to the validity of each claim
referred to under this subsection within 2 years after the
date of enactment of this title.
(d) Limitation on Patent Issuance.--
(1) Mining claims.--(A) After January 11, 1993, no patent
shall be issued by the United States for any mining claim
located under the general mining laws within the Bodie Bowl
unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before such date; and
(ii) all requirements established under sections 2325 and
2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims and sections 2329, 2330, 2331, and 2333 of the
Revised Statutes (30 U.S.C. 35, 36, 37) for placer claims
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mining claim, the holder of the
claim shall be entitled to the issuance of a patent in the
same manner and degree to which such claim holder would have
been entitled to prior to the enactment of this title, unless
and until such determinations are withdrawn or invalidated by
the Secretary or by a court of the United States.
(2) Mill site claims.--(A) After January 11, 1993, no
patent shall be issued by the United States for any mill site
claim located under the general mining laws within the Bodie
Bowl unless the Secretary determines that, for the claim
concerned--
(i) a patent application was filed with the Secretary on or
before January 11, 1993; and
(ii) all requirements applicable to such patent application
were fully complied with by that date.
(B) If the Secretary makes the determinations referred to
in subparagraph (A) for any mill site claim, the holder of
the claim shall be entitled to the issuance of a patent in
the same manner and degree to which such claim holder would
have been entitled to prior to the enactment of this title,
unless and until such determinations are withdrawn or
invalidated by the Secretary or by a court of the United
States.
SEC. 1005. MINERAL ACTIVITIES.
(a) In General.--Notwithstanding the last sentence of
section 302(b) of the Federal Land Policy and Management Act
of 1976, and in accordance with this title and other
applicable law, the Secretary shall require that mineral
activities be conducted in the Bodie Bowl so as to--
(1) avoid adverse effects on the historic, cultural,
recreational and natural resource values of the Bodie Bowl;
and
(2) minimize other adverse impacts to the environment.
(b) Restoration of Effects of Mining Exploration.--As soon
as possible after the date of enactment of this title,
visible evidence or other effects of mining exploration
activity within the Bodie Bowl conducted on or after
September 1, 1988, shall be reclaimed by the operator in
accordance with regulations prescribed pursuant to subsection
(d).
(c) Annual Expenditures; Filing.--The requirements for
annual expenditures on unpatented mining claims imposed by
Revised Statute 2324 (30 U.S.C. 28) shall not apply to any
such claim located within the Bodie Bowl. In lieu of filing
the affidavit of assessment work referred to under section
314(a)(1) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1744(a)(1)), the holder of any unpatented
mining or mill site claim located within the Bodie Bowl shall
only be required to file the notice of intention to hold the
mining claim referred to in such section 314(a)(1).
(d) Regulations.--The Secretary shall promulgate rules to
implement this section, in consultation with the Governor of
the State of California, within 180 days after the date of
enactment of this title. Such rules shall be no less
stringent than the rules promulgated pursuant to the Act of
September 28, 1976 entitled ``An Act to provide for the
regulation of mining activity within, and to repeal the
application of mining laws to, areas of the National Park
System, and for other purposes'' (Public Law 94-429; 16
U.S.C. 1901-1912).
SEC. 1006. STUDY.
Beginning as soon as possible after the date of enactment
of this title, the Secretary of the Interior shall review
possible actions to preserve the scenic character, historical
integrity, cultural and recreational values, flora and fauna,
and ghost town characteristics of lands and structures within
the Bodie Bowl. No later than 3 years after the date of such
enactment, the Secretary shall submit to the Committee on
Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural
Resources of the United States Senate a report that discusses
the results of such review and makes recommendations as to
which steps (including but not limited to acquisition of
lands or valid mining claims) should be undertaken in order
to achieve these objectives.
Amend the title so as to read: ``An Act to designate certain lands in
the California Desert as wilderness, to establish the Death Valley
and Joshua Tree National Parks and the Mojave National Monument,
and for other purposes.''.
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