[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[House]
[Pages H5409-H5412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLEAR CREEK NATIONAL RECREATION AREA AND CONSERVATION ACT
Mr. LaHOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1913) to establish the Clear Creek National Recreation Area
in San Benito and Fresno Counties, California, to designate the Joaquin
Rocks Wilderness in such counties, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1913
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Creek National
Recreation Area and Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the Plan for the Recreation Area prepared under section 4(c).
(2) Recreation area.--The term ``Recreation Area'' means
the Clear Creek National Recreation Area.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
(5) Off highway vehicle.--The term ``off highway vehicle''
means any motorized vehicle designed for or capable of cross-
country travel on or immediately over land, water, snow, or
other natural terrain and not intended for use on public
roads.
SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION
AREA.
(a) In General.--To promote environmentally responsible off
highway vehicle recreation, the area generally depicted as
``Proposed Clear Creek National Recreation Area'' on the map
titled ``Proposed Clear Creek National Recreation Area'' and
dated February 14, 2017, is established as the ``Clear Creek
National Recreation Area'', to be managed by the Secretary.
(b) Other Purposes.--The Recreation Area shall also support
other public recreational uses, such as hunting, hiking, and
rock and gem collecting.
(c) Map on File.--Copies of the map referred to in
subsection (a) shall be on file and available for public
inspection in--
(1) the Office of the Director of the Bureau of Land
Management; and
(2) the appropriate office of the Bureau of Land Management
in California.
SEC. 4. MANAGEMENT.
(a) In General.--The Secretary shall manage the Recreation
Area to further the purposes described in section 3(a), in
accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law.
(b) Uses.--The Secretary shall--
(1) prioritize environmentally responsible off highway
vehicle recreation and also facilitate hunting, hiking, gem
collecting, and the use of motorized vehicles, mountain
bikes, and horses in accordance with the management plan
described in subsection (c);
(2) issue special recreation permits for motorized and non-
motorized events; and
(3) reopen the Clear Creek Management Area to the uses
described in this subsection as soon as practicable following
the enactment of this Act and in accordance with the
management guidelines outlined in this Act and other
applicable law.
(c) Interim Management Plan.--The Secretary shall use the
2006 Clear Creek Management Area Resource Management Plan
Amendment and Route Designation Record of Decision as
modified by this Act or the Secretary to incorporate natural
resource protection information not available in 2006, as the
basis of an interim management plan to govern off highway
vehicle recreation within the Recreation Area pending the
completion of the long-term management plan required in
subsection (d).
(d) Permanent Management Plan.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall create a comprehensive management plan for the Clear
Creek Recreation Area that--
(1) shall describe the appropriate uses and management of
the Recreation Area in accordance with this Act;
(2) shall be prepared in consultation with--
(A) appropriate Federal, State, and local agencies
(including San Benito, Monterey, and Fresno Counties);
(B) adjacent land owners;
(C) other stakeholders (including conservation and
recreational organizations); and
(D) holders of any easements, rights-of-way, and other
valid rights in the Recreation Area;
(3) shall include a hazards education program to inform
people entering the Recreation Area of the asbestos related
risks associated with various activities within the
Recreation Area, including off-highway vehicle recreation;
(4) shall include a user fee program for motorized vehicle
use within the Recreational Area and guidelines for the use
of the funds collected for the management and improvement of
the Recreation Area;
(5) shall designate as many previously used trails, roads,
and other areas for off highway vehicle recreation as
feasible in accordance with this in order to provide a
substantially similar recreational experience, except that
nothing in this paragraph shall be construed as precluding
the Secretary from closing any area, trail, or route from use
for the purposes of public safety or resource protection;
(6) may incorporate any appropriate decisions, as
determined by the Secretary, in accordance with this Act,
that are contained in any management or activity plan for the
area completed before the date of the enactment of this Act;
(7) may incorporate appropriate wildlife habitat management
plans or other plans prepared for the land within or adjacent
to the Recreation Area before the date of the enactment of
this Act, in accordance with this Act;
(8) may use information developed under any studies of land
within or adjacent to the Recreation Area carried out before
the date of enactment of this Act; and
(9) may include cooperative agreements with State or local
government agencies to manage all or a portion of the
recreational activities within the Recreation Area in
accordance with an approved management plan and the
requirements of this Act.
(e) Acquisition of Property.--
(1) In general.--The Secretary may acquire land adjacent to
the National Recreation Area by purchase from willing
sellers, donation, or exchange.
(2) Management.--Any land acquired under paragraph (1)
shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including regulations).
(3) Improved access.--The Secretary may acquire by purchase
from willing sellers, donation, exchange, or easement, land,
or interest in land to improve public safety in providing
access to the Recreation Area.
(f) Private Property.--
(1) Access to private property.--
(A) In general.--The Secretary shall provide landowners
adequate access to inholdings within the Recreation Area.
(B) Inholdings.--For access purposes, private land adjacent
to the Recreation Area to which there is no other practicable
access except through the Recreation Area shall be managed as
an inholding.
(2) Use of private property.--Nothing in this Act affects
the ownership, management, or other rights relating to any
non-Federal land (including any interest in any non-Federal
land).
(3) Buffer zones.--Nothing in this Act creates a protective
perimeter or buffer zone around the Recreation Area.
(4) Valid rights.--Nothing in this Act affects any
easements, rights-of-way, and other valid rights in existence
on the date of the enactment of this Act.
(g) Water Right Exclusion.--Nothing in this Act--
(1) shall constitute or be construed to constitute either
an express or implied reservation by the United States of any
water or water rights with respect to the Recreation Area; or
(2) shall affect any water rights existing on the date of
the enactment of this Act.
[[Page H5410]]
(h) Hunting and Fishing.--Nothing in this Act--
(1) limits hunting or fishing; or
(2) affects the authority, jurisdiction, or responsibility
of the State to manage, control, or regulate fish and
resident wildlife under State law (including regulations),
including the regulation of hunting or fishing on public land
managed by the Bureau of Land Management.
(i) Motorized Vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond
to an emergency, the use of motorized vehicles on public land
in the Recreation Area shall be permitted only on roads,
trails, and areas designated by the management plan for the
use by motorized vehicles.
(j) Grazing.--In the Recreation Area, the grazing of
livestock in areas in which grazing is allowed as of the date
of the enactment of this Act shall be allowed to continue,
consistent with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any regulations promulgated by the Secretary, acting
through the Director of the Bureau of Land Management.
(k) Withdrawal.--Subject to valid existing rights, all
Federal land within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(l) Fees.--Amounts received by the Secretary under the fee
structure required by subsection (d)(4) shall be--
(1) deposited in a special account in the Treasury of the
United States; and
(2) made available until expended to the Secretary for use
in the Recreation Area.
(m) Risk Standard.--The National Oil and Hazardous
Substances Pollution Contingency Plan (section 300 of title
40, Code of Federal Regulations), published pursuant to
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605),
shall not apply to the Secretary's management of asbestos
exposure risks faced by the public when recreating within the
Clear Creek Recreation Area described in section 3(b).
SEC. 5. JOAQUIN ROCKS WILDERNESS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the approximately 21,000 acres of Federal lands
located in Fresno County and San Benito County, California,
and generally depicted on a map entitled ``Proposed Joaquin
Rocks Wilderness'' and dated February 14, 2017, is designated
as wilderness and as a component of the National Wilderness
Preservation System and shall be known as the ``Joaquin Rocks
Wilderness''.
SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.
(a) Finding.--Congress finds that, for the purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), the San Benito Mountain wilderness
study area has been adequately studied for wilderness
designation.
(b) Release.--The San Benito Mountain wilderness study area
is no longer subject to section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
SEC. 7. CLARIFICATION REGARDING FUNDING.
No additional funds are authorized to carry out the
requirements of this Act. Such requirements shall be carried
out using amounts otherwise authorized.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. LaHood) and the gentleman from California (Mr. Panetta)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. LaHOOD. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. LaHOOD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1913, introduced by the gentleman from California
(Mr. Panetta), is a bipartisan bill that reopens public access and
facilitates recreational activities in central California. The bill
designates 63,000 acres as the Clear Creek National Recreation Area,
21,000 acres as the Joaquin Rocks Wilderness, and releases 1,500 acres
of wilderness study area.
Once considered a world class off-highway vehicle, or OHV, recreation
designation, the Clear Creek area has been closed to the public for
nearly a decade due to concerns from the EPA about naturally occurring
asbestos. However, after commissioning a study of the area, the State
of California's Off-Highway Motor Vehicle Recreation Division found a
minimal health risk to OHV users from exposure to naturally occurring
asbestos. Despite these findings and appeals from local communities and
OHV users, the Bureau of Land Management has not reopened the area to
the public or for OHV use.
This bill remedies the situation by reopening and redesignating the
area as the Clear Creek National Recreation Area and including special
provisions to prioritize and facilitate long-term, sustainable off-
highway vehicle access and recreation.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Mr. PANETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1913 establishes the Clear Creek National
Recreation Area and the Joaquin Rocks Wilderness Area on land
administered by the Bureau of Land Management in the central coast
region of California. From hiking and hunting to off-highway vehicle
use, those designations will improve and enhance access for a variety
of recreational activities, while ensuring that ecologically sensitive
and unique areas are managed in a way that supports their lasting and
permanent protection.
In addition to the many ecological benefits they provide, including
clean air and clean water, wilderness areas throughout the country play
a large role in supporting the approximately $646 billion per year
outdoor recreation economy, so I am pleased that we are advancing this
bill to add 21,000 acres of the National Wilderness Preservation
System.
This bill has strong local support from San Benito County government
officials and a number of off-highway vehicle and wilderness groups.
These advocates understand that Clear Creek is important to the
economy, and they have fond memories of the recreational opportunities
when they were younger.
I have received numerous support comments from my constituents, the
off-highway vehicle community, and other California residents about the
importance of Clear Creek to their family and how the closure has
impacted them. It is time to honor the desire of my constituents in
California's 20th Congressional District and pass this bill once again.
Mr. Speaker, I include in the Record letters in support of the bill.
San Benito County,
Hollister, CA, June 1, 2017.
Re Letter in Support of H.R. 1913.
Hon. Jimmy Panetta,
House of Representatives,
Washington, DC.
Dear Representative Panetta: I would like to express my
support of proposed legislation H.R. 1913. On at least three
previous occasions, the San Benito County Board of
Supervisors has formally expressed their support of this
proposed measure in the form of H.R. 1776 as submitted by
then-Congressman Sam Farr.
As background, the Serpentine Area of Critical
Environmental Concern (ACEC) of the Clear Creek Management
Area (CCMA) was closed in 2008 based on a study by the EPA
which concluded that naturally occurring asbestos (NOA) posed
a public health risk. However, in 2010, the Off Highway Motor
Vehicle Recreation (OHMVR) Division of the State of
California Department of Parks and Recreation Commissioned an
independent OHV-specific risk assessment of NOA exposure
within the Serpentine ACEC of the CCMA.
This report, completed by the International Environmental
Research Foundation (IERF), concluded that management and
operation strategies could be employed to allow for off-
highway vehicle (OHV) recreation in the CCMA without exposing
the public to higher than acceptable levels of NOA and
without presenting a serious risk to human health.
Specifically, the risk of OHV usage five days per year, for
eight hours on each of those days, was equated to being
similar to the lifetime risk of smoking less than one
cigarette one the same one year period, and the report noted
that other recreational activities, such as swimming, hiking
and snow skiing, are over 100 times more dangerous.
In light of this report which directly contradicts the
conclusions of the EPA study and undermines the necessity of
BLM actions taken since 2008 in reliance of that study, it
would appear that closure of the ACEC is not scientifically
warranted, and especially not during winter months when dust
from OHV activity is greatly reduced.
Therefore, the County supports opening the area to OHV
users once again and allowing the public access to this
natural area which is easily accessible to the urban
residents in the San Jose/San Francisco metropolitan areas.
H.R. 1913, which would establish the Clear Creek National
Recreation Area in San Benito and Fresno Counties, is
essential to enhancing public access to natural and scenic
areas within our State.
The lack of evidence of a serious health risk is reinforced
by the fact that there is
[[Page H5411]]
the lack of any documented case of any person, whether
recreational, visitor or governmental employee, injured by
NOA within the ACEC despite the use of the area for decades.
Therefore, the activities taken to close the area are
especially troubling considering the effect of the closure on
the public generally, as well as the local economy.
Access to recreational areas within San Benito County,
including the CCMA, provides a necessary and substantial
component to the local economy which has been drastically
affected by the recent economic climate. The BLM's past
decision to close the Clear Creek area has already seriously
affected San Benito County's economic vitality. The County
could understand such action if there was truly a serious
health risk presented by use of the CCMA, but there is no
generally accepted scientific evidence, especially during
wetter winter months.
The Clear Creek Management Area was among the five most
popular areas cited by California off-highway-vehicle (OHV)
users in a 1990 study conducted by the California Department
of Parks and Recreation. Many of these users were residents
of the San Jose and San Francisco Bay. In 2003 and 2004,
there were an estimated 50,000 visitors to the CCMA, largely
attributable to allowed OHV usage.
In conclusion, the Board of Supervisors supports the
proposed legislation, as well as designation of the Clear
Creek Management Area as a National Recreation Area,
designation of OHV recreation as a ``prescribed use'' within
the National Recreation Area, and providing that the
management plan of the Clear Creek National Recreation Area,
including OHV routes, open areas, number of permitted OHV
events and other recreational activities should be as set
forth in the 2005 Clear Creek Travel Management Plan.
Thank you for your consideration of this letter.
Respectfully,
Jerry Muenzer,
Supervisor District 4,
Board of Supervisors.
____
California Wilderness Project,
Cottonwood, CA, April 20, 2017.
Hon. Jimmy Panetta,
Washington, DC.
Dear Mr. Panetta: We greatly appreciate your sponsorship of
H.R. 1913, the Clear Creek National Recreation Area and
Conservation Act. The legislation will permanently protect
21,000 acres of BLM land in Fresno and San Benito counties by
its inclusion in the National Wilderness Preservation System.
The proposed Joaquin Rocks Wilderness follows the steep
northern slope of Joaquin Ridge which climbs high above the
floor of the western San Joaquin Valley.
Rising up over 4,000 feet from the valley floor, the
striking Joaquin Rocks are the centerpiece of this remote
area. These three scenic 250' tall monoliths are the eroded
remnants of an ancient vaqueros sandstone formation.
The Joaquin Rocks are named for the legendary Joaquin
Murieta, believed by some to be a heroic figure early
California and an outlaw by others. The Joaquin Rocks are
said to have provided a secluded hiding place for him and his
band place during the 1850s. The area also shows
archeological evidence of past Native American occupation.
The rugged area features deep canyons where oak woodlands
cloak the numerous spur ridges that descend to the valley.
Vegetation in the area includes, blue oak, California
juniper, grey pine, chaparral, and native grasslands. Due to
the cooler climate provided by its elevation, the area
provides outstanding displays of native wildflowers well into
summer.
The steep cliffs of the Joaquin Rocks--and the numerous
other towering sandstone formations found throughout the
area--are host to numerous falcons, hawks and owls. They
could also provide potential nesting habitat for the
California condor which has been reintroduced into the nearby
Gavilan Range. One of the peaks of the Joaquin Rocks--La
Centinela--hosts a vernal pool that supports fairy and
tadpole shrimp.
The Joaquin Rocks proposed wilderness represents a unique
opportunity to preserve one of central California's most
outstanding natural landscapes and we sincerely appreciate
Mr. Panetta's efforts to protect it for future generations.
Best Regards,
Gordon Johnson,
Director.
____
April 10, 2017.
Hon. Jimmy Panetta,
House of Representatives,
Washington, DC.
Dear Representative Panetta: As representatives of national
motorized recreation organizations we write in support of the
``Clear Creek National Recreation Area and Conservation Act''
(H.R. 1913). This legislation would designate 75,000 acres of
Federal land in San Benito and Fresno Counties in California
as the Clear Creek National Recreation Area (NRA) and would
ensure access for the responsible use of off-highway vehicles
(OHVs) in the area into the future.
Clear Creek was closed in 2008 based on a questionable
safety rationale related to exposure to asbestos.
Subsequently the California Off-Highway Motor Vehicle
Recreation Commission commissioned an independent risk
assessment study which concluded that management and
operational strategies could be effectively employed in the
area to allow OHV use without exposing the public to
unacceptable risks. H.R. 1913 would guarantee that moving
forward, the area will be managed in such a way as to provide
for all sorts of legitimate and responsible recreation, while
also providing for the safety of all of the area's visitors.
Our support for H.R. 1913 is possible because of the
endorsement of the bill from a broad array of local OHV
organizations, businesses and enthusiasts. This local support
is warranted not only because the legislation would reopen
the popular OHV area, but because a diverse group of
constituencies worked together on the bill.
We thank you for your statement upon introduction which
makes it clear that you recognize the importance of multiple
uses on public lands--``This bipartisan bill not only
bolsters our area's conservation efforts, it also promotes
recreation and tourism in our region. When this bill passes,
locals and visitors will no longer be restricted from
enjoying all that Clear Creek Management Area has to offer.''
We applaud this approach and hope that other Members of
Congress will look to H.R. 1913 as a model for how to garner
support for land use legislation.
Thank you for introducing this important bill. We look
forward to working with you as it moves through the
legislative process.
Sincerely,
Larry Smith, Executive Director, Americans for
Responsible Recreational Access;
Nicole Nicholas Gilles, Executive Director, American Sand
Association;
Don Amador, Western Representative, BlueRibbon Coalition,
Inc.;
Duane Taylor, Director, Federal Affairs, Motorcycle
Industry Council;
Russ Ehnes, Executive Director, National Off-Highway
Vehicle Conservation Council;
Tom Yager, Vice President, Recreational Off-Highway
Vehicle Association;
Stuart D. Gosswein, Sr. Director, Federal Government
Affairs, Specialty Equipment Market Association;
Kathy Van Kleeck, Senior Vice President, Government
Relations, Specialty Vehicle Institute of America;
Steve Egbert, Vice President, United Four Wheel Drive
Associations, Inc.
____
California Wilderness
Coalition,
Anderson, CA, May 19, 2017.
Subject: Support for H.R. 1913, the Clear Creek National
Recreation Area and Conservation Act
Hon. Jimmy Panetta,
U.S. House of Representatives,
Washington, DC.
Dear Congressman Panetta: We are pleased to offer our
support for H.R. 1913, the Clear Creek National Recreation
Area and Conservation Act. We strongly support the
designation of the proposed 21,000-acre Joaquin Rocks
Wilderness and the protection of over 31 miles of streams as
wild and scenic rivers. We believe that the bill strikes a
reasonable balance between environmental protection, off-road
vehicle recreation, public safety and other considerations in
the Clear Creek-Joaquin Rocks area.
Joaquin Rocks is one of the dramatic scenic features in the
region, with its three prominent pinnacles of rock standing
like sentinels above the San Joaquin Valley. Its oak
woodlands, grasslands and other plant communities provide
important habitat for sensitive plant and wildlife species.
Joaquin Rocks also has important historical values as, among
other things, the former hideout of the notorious outlaw
Joaquin Murrieta.
Thank you for introducing and working to advance the
legislation. Please do not hesitate to contact us if we can
assist you in this or any other public lands-related matter.
Sincerely,
Ryan Henson,
Senior Policy Director.
Mr. PANETTA. Mr. Speaker, this is a bipartisan bill, and I thank
Chairman Bishop and Ranking Member Grijalva for their leadership, their
work, and assistance in getting this bill to the floor of the House of
Representatives. I also thank Representatives David Valadao, Jeff
Denham, and Paul Cook, as well as my predecessor, Representative Sam
Farr, and our staffs for their work on this bill.
Mr. Speaker, I urge quick adoption of this legislation, and I yield
back the balance of my time.
Mr. LaHOOD. Mr. Speaker, I thank my colleague and friend for
introducing this legislation, and I urge its adoption.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hollingsworth). The question is on the
motion offered by the gentleman from Illinois (Mr. LaHood) that the
House suspend the rules and pass the bill, H.R. 1913.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
[[Page H5412]]
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