[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5594-H5603]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CALIFORNIA OFF-ROAD RECREATION AND CONSERVATION ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 857) to provide for conservation and enhanced recreation
activities in the California Desert Conservation Area, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 857
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California
Off-Road Recreation and Conservation Act''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. California Off-Road Recreation and Conservation.
Sec. 3. Visitor center.
Sec. 4. California State school land.
Sec. 5. Designation of wild and scenic rivers.
Sec. 6. Conforming amendments.
SEC. 2. CALIFORNIA OFF-ROAD RECREATION AND CONSERVATION.
Public Law 103-433 (16 U.S.C. 410aaa et seq.) is amended by
adding at the end the following:
``TITLE XIII--WILDERNESS
``SEC. 1301. DESIGNATION OF WILDERNESS AREAS.
``(a) Designation of Wilderness Areas To Be Administered by
the Bureau of Land Management.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and
603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1781, 1782), the following land in the State is
designated as wilderness areas and as components of the
National Wilderness Preservation System:
``(1) Avawatz mountains wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau
of Land Management, comprising approximately 91,800 acres, as
generally depicted on the map entitled `Avawatz Mountains
Proposed Wilderness' and dated June 30, 2015, to be known as
the `Avawatz Mountains Wilderness'.
``(2) Golden valley wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau
of Land Management, comprising approximately 1,250 acres, as
generally depicted on the map entitled `Golden Valley
Proposed Wilderness Additions' and dated June 22, 2015, which
shall be considered to be part of the `Golden Valley
Wilderness'.
``(3) Great falls basin wilderness.--
``(A) In general.--Certain land in the Conservation Area
administered by the Director of the Bureau of Land
Management, comprising approximately 7,870 acres, as
generally depicted on the map entitled `Great Falls Basin
Proposed Wilderness' and dated April 29, 2015, to be known as
the `Great Falls Basin Wilderness'.
``(B) Limitations.--Designation of the wilderness under
subparagraph (A) shall not establish a Class I Airshed under
the Clean Air Act (42 U.S.C. 7401 et seq.).
``(4) Kingston range wilderness.--Certain land in the
Conservation Area administered by the Bureau of Land
Management, comprising approximately 53,320 acres, as
generally depicted on the map entitled `Kingston Range
Proposed Wilderness Additions' and dated February 18, 2015,
which shall be considered to be a part of as the `Kingston
Range Wilderness'.
``(5) Soda mountains wilderness.--Certain land in the
Conservation Area, administered by the Bureau of Land
Management, comprising approximately 79,990 acres, as
generally depicted on the map entitled `Soda Mountains
Proposed Wilderness' and dated February 18, 2015, to be known
as the `Soda Mountains Wilderness'.
``(b) Designation of Wilderness Areas To Be Administered by
the National Park Service.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1781, 1782), the following land in the State is designated as
wilderness areas and as components of the National Wilderness
Preservation System:
``(1) Death valley national park wilderness additions-north
eureka valley.--Certain land in the Conservation Area
administered by the Director of the National Park Service,
comprising approximately 11,496 acres, as generally depicted
on the map entitled `Death Valley National Park Proposed
Wilderness Area-North Eureka Valley', numbered 143/100,082C,
and dated October 7, 2014, which shall be considered to be a
part of the Death Valley National Park Wilderness.
``(2) Death valley national park wilderness additions-
ibex.--Certain land in the Conservation Area administered by
the Director of the National Park Service, comprising
approximately 23,650 acres, as generally depicted on the map
entitled `Death Valley National Park Proposed Wilderness
Area-Ibex', numbered 143/100,081C, and dated October 7, 2014,
which shall be considered to be a part of the Death Valley
National Park Wilderness.
``(3) Death valley national park wilderness additions-
panamint valley.--Certain land in the Conservation Area
administered by the Director of the National Park Service,
comprising approximately 4,807 acres, as generally depicted
on the map entitled `Death Valley National Park Proposed
Wilderness Area-Panamint Valley', numbered 143/100,083C, and
dated October 7, 2014, which shall be considered to be a part
of the Death Valley National Park Wilderness.
``(4) Death valley national park wilderness additions-warm
springs.--Certain land in the Conservation Area administered
by the Director of the National Park Service, comprising
approximately 10,485 acres, as generally depicted on the map
entitled `Death Valley National Park Proposed Wilderness
Area-Warm Spring Canyon/Galena Canyon', numbered 143/
100,084C, and dated October 7, 2014, which shall be
considered to be a part of the Death Valley National Park
Wilderness.
``(5) Death valley national park wilderness additions-axe
head.--Certain land in the Conservation Area administered by
the Director of the National Park Service, comprising
approximately 8,638 acres, as generally depicted on the map
entitled `Death Valley National Park Proposed Wilderness
Area-Axe Head', numbered 143/100,085C, and dated October 7,
2014, which shall be considered to be a part of the Death
Valley National Park Wilderness.
``(6) Death valley national park wilderness additions-
bowling alley.--Certain land in the Conservation Area
administered by the Director of the Bureau of Land
Management, comprising approximately 28,923 acres, as
generally depicted on the map entitled `Death Valley National
Park Proposed Wilderness Area-Bowling Alley', numbered 143/
128,606, and dated May 14, 2015, which shall be considered to
be a part of the Death Valley National Park Wilderness.
``(c) Designation of Wilderness Area To Be Administered by
the Forest Service.--
``(1) In general.--In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), the land in the State described in
paragraph (2) is designated as a wilderness area and as a
component of the National Wilderness Preservation System.
``(2) Description of land.--The land referred to in
paragraph (1) is certain land in the San Bernardino National
Forest, comprising approximately 7,141 acres, as generally
depicted on the map entitled `San Gorgonio Proposed
Wilderness Expansion,' and dated November 2, 2016, which
shall considered to be a part of the San Gorgonio Wilderness.
``(3) Fire management and related activities.--
``(A) In general.--The Secretary may carry out such
activities in the wilderness area designated by paragraph (1)
as are necessary for the control of fire, insects, and
disease, in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
``(B) Funding priorities.--Nothing in this subsection
limits the provision of any funding for fire or fuel
management in the wilderness area designated by paragraph
(1).
``(C) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this title, the Secretary shall amend the local fire
management plans that apply to the wilderness area designated
by paragraph (1).
``(D) Administration.--In accordance with subparagraph (A)
and other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness area
designated by paragraph (1), the Secretary shall--
``(i) not later than 1 year after the date of enactment of
this title, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies in the wilderness area
designated by paragraph (1); and
``(ii) enter into agreements with appropriate State or
local firefighting agencies relating to that wilderness area.
``SEC. 1302. MANAGEMENT.
``(a) Adjacent Management.--
[[Page H5595]]
``(1) In general.--Nothing in this title creates any
protective perimeter or buffer zone around the wilderness
areas designated by section 1301.
``(2) Activities outside wilderness areas.--
``(A) In general.--The fact that an activity (including
military activities) or use on land outside a wilderness area
designated by section 1301 can be seen or heard within the
wilderness area shall not preclude or restrict the activity
or use outside the boundary of the wilderness area.
``(B) Effect on nonwilderness activities.--
``(i) In general.--In any permitting proceeding (including
a review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)) conducted with respect to a project
described in clause (ii) that is formally initiated through a
notice in the Federal Register before December 31, 2013, the
consideration of any visual, noise, or other impacts of the
project on a wilderness area designated by section 1301 shall
be conducted based on the status of the area before
designation as wilderness.
``(ii) Description of projects.--A project referred to in
clause (i) is a renewable energy project or associated energy
transport facility project--
``(I) for which the Bureau of Land Management has received
a right-of-way use application on or before the date of
enactment of this title; and
``(II) that is located outside the boundary of a wilderness
area designated by section 1301.
``(3) No additional regulation.--Nothing in this title
requires additional regulation of activities on land outside
the boundary of the wilderness areas.
``(4) Effect on military operations.--Nothing in this title
alters any authority of the Secretary of Defense to conduct
any military operations at desert installations, facilities,
and ranges of the State that are authorized under any other
provision of law.
``(5) Effect on utility facilities and rights-of-way.--
``(A) In general.--Subject to paragraph (2), nothing in
this title terminates or precludes the renewal or
reauthorization of any valid existing right-of-way or
customary operation, maintenance, repair, upgrading, or
replacement activities in a right-of-way, issued, granted, or
permitted to the Southern California Edison Company or
predecessors, successors, or assigns of the Southern
California Edison Company that is located on land included in
the San Gorgonio Wilderness Area or the Sand to Snow National
Monument.
``(B) Limitation.--The activities described in subparagraph
(A) shall be conducted in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) for the San Gorgonio Wilderness Area
and in a manner compatible with the protection of objects and
values for which the Sand to Snow National Monument was
designated.
``(C) Applicable law.--In accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
any approval required for an increase in the voltage of the
Coachella distribution circuit shall require consideration of
alternative alignments, including alignments adjacent to
State Route 62.
``(b) Maps; Legal Descriptions.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by section 1301 with--
``(A) the Committee on Natural Resources of the House of
Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.
``(2) Force of law.--A map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct errors in the maps and legal descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate office of the
Secretary.
``(c) Administration.--Subject to valid existing rights,
the land designated as wilderness or as a wilderness addition
by section 1301 shall be administered by the Secretary in
accordance with this Act and the Wilderness Act (16 U.S.C.
1131 et seq.), except that any reference in that Act to the
Secretary of Agriculture shall also be considered to be a
reference to the Secretary of the Interior, and any reference
to the effective date shall be considered to be a reference
to the date of enactment of this title.
``SEC. 1303. RELEASE OF WILDERNESS STUDY AREAS.
``(a) Finding.--Congress finds that, for purposes of
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by section 1301 or any
other Act enacted before the date of enactment of this title
has been adequately studied for wilderness.
``(b) Description of Study Areas.--The study areas referred
to in subsection (a) are--
``(1) the Cady Mountains Wilderness Study Area;
``(2) the Kingston Range Wilderness Study Area;
``(3) the Avawatz Mountain Wilderness Study Area;
``(4) the Death Valley National Park Boundary and
Wilderness Study Area;
``(5) the Great Falls Basin Wilderness Study Area; and
``(6) the Soda Mountains Wilderness Study Area.
``(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area or wilderness addition by section 1301 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. 1304. TREATMENT OF CHERRY-STEMMED ROADS.
``(a) Definition of Cherry-Stemmed Road.--In this section,
the term `cherry-stemmed road' means a road or trail that is
excluded from a wilderness area or wilderness addition
designated by section 202 by a non-wilderness corridor having
designated wilderness on both sides, as generally depicted on
the maps described in such section.
``(b) Prohibition on Closure or Travel Restrictions on
Cherry-Stemmed Roads.--The Secretary concerned shall not--
``(1) close any cherry-stemmed road that is open to the
public as of the date of the enactment of this Act;
``(2) prohibit motorized access on a cherry-stemmed road
that is open to the public for motorized access as of the
date of the enactment of this Act; or
``(3) prohibit mechanized access on a cherry-stemmed road
that is open to the public for mechanized access as of the
date of the enactment of this Act.
``(c) Resource Protection or Public Safety Exceptions.--
Subsection (b) shall not apply to a cherry-stemmed road if
the Secretary concerned determines that a closure or traffic
restriction of the cherry-stemmed road is necessary for
purposes of significant resource protection or public safety.
``SEC. 1305. DESIGNATION OF POTENTIAL WILDERNESS AREA.
``(a) In General.--Certain land administered by the
National Park Service, comprising approximately 1 acre as
generally depicted on the map entitled `Proposed Potential
Wilderness, Mormon Peak Microwave Facility, Death Valley
National Park' and dated March 1, 2018, is designated as a
potential wilderness area.
``(b) Uses.--The Secretary shall permit only the uses on
the land described in subsection (a) that were permitted on
the date of enactment of the California Desert Protection Act
of 1994 (Public Law 103-433).
``(c) Reestablishment of Wilderness Designation.--
``(1) Notice.--The Secretary shall publish a notice in the
Federal Register when the Secretary determines that--
``(A) the communications site within the potential
wilderness area designated under subsection (a) is no longer
used;
``(B) the associated right-of-way is relinquished or not
renewed; and
``(C) the conditions in the potential wilderness area
designated by subparagraph (a) are compatible with the
Wilderness Act (16 U.S.C. 1131 et seq.).
``(2) Designation.--Upon publication by the Secretary of
the notice described in paragraph (1), the land described in
subsection (a) shall be--
``(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
``(B) incorporated into the Death Valley National Park
Wilderness designated by section 601 of Public Law 103-433.
``TITLE XIV--NATIONAL PARK SYSTEM ADDITIONS
``SEC. 1401. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.
``(a) In General.--The boundary of Death Valley National
Park is adjusted to include--
``(1) the approximately 28,923 acres of Bureau of Land
Management land in Inyo County, California, abutting the
southern end of the Death Valley National Park that lies
between Death Valley National Park to the north and Ft. Irwin
Military Reservation to the south and which runs
approximately 34 miles from west to east, as depicted on the
map entitled `Death Valley National Park Proposed Boundary
Addition-Bowling Alley', numbered 143/128,605, and dated May
14, 2015; and
``(2) the approximately 6,369 acres of Bureau of Land
Management land in Inyo County, California, located in the
northeast area of Death Valley National Park that is within,
and surrounded by, land under the jurisdiction of the
Director of the National Park Service, as depicted on the map
entitled `Death Valley National Park Proposed Boundary
Addition-Crater', numbered 143/100,079C, and dated October 7,
2014.
``(b) Availability of Map.--The maps described in
paragraphs (1) and (2) of subsection (a) shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
``(c) Administration.--The Secretary of the Interior
(referred to in this title as the `Secretary') shall--
``(1) administer any land added to Death Valley National
Park under subsection (a)--
``(A) as part of Death Valley National Park; and
``(B) in accordance with applicable laws (including
regulations); and
``(2) not later than 180 days after the date of enactment
of this Act, enter into a memorandum of understanding with
Inyo County, California, to permit operationally feasible,
ongoing access and use (including, but not limited to,
material storage as well as excavation) to gravel pits in
existence as of that date along Saline Valley Road within
Death Valley National Park for road maintenance and repairs
in accordance with applicable laws (including regulations).
``(d) Environmental Remediation.--To ensure consistency
with the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
Department of the Interior policy, prior to the transfer of
any of the lands described in subsection (a) to the National
Park Service, the land shall be fully investigated for
contamination in accordance with applicable environmental due
diligence standards of the disposing agency and, within three
years from the date of enactment of this subsection, the
disposing
[[Page H5596]]
agency shall undertake any environmental remediation or clean
up activities and pay for such activities relating to
facilities, land or interest in land identified for transfer.
``SEC. 1402. MOJAVE NATIONAL PRESERVE.
``The boundary of the Mojave National Preserve is adjusted
to include the 25 acres of Bureau of Land Management land in
Baker, California, as depicted on the map entitled `Mojave
National Preserve Proposed Boundary Addition', numbered 170/
100,199, and dated August 2009.
``SEC. 1403. JOSHUA TREE NATIONAL PARK BOUNDARY REVISION.
``(a) In General.--The boundary of the Joshua Tree National
Park is adjusted to include--
``(1) the 2,879 acres of land managed by Director of the
Bureau of Land Management that are contiguous at several
different places to the northern boundaries of Joshua Tree
National Park in the northwest section of the Park, as
depicted on the map entitled `Joshua Tree National Park
Proposed Boundary Additions', numbered 156/100,077, and dated
August 2009; and
``(2) the 1,639 acres of land to be acquired from the
Mojave Desert Land Trust that are contiguous at several
different places to the northern boundaries of Joshua Tree
National Park in the northwest section of the Park, as
depicted on the map entitled `Mojave Desert Land Trust
National Park Service Additions', numbered 156/126,376, and
dated September 2014.
``(b) Availability of Maps.--The map described in
subsection (a) and the map depicting the 25 acres described
in subsection (c)(2) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
``(c) Administration.--
``(1) In general.--The Secretary shall administer any land
added to the Joshua Tree National Park under subsection (a)
and the additional land described in paragraph (2)--
``(A) as part of Joshua Tree National Park; and
``(B) in accordance with applicable laws (including
regulations).
``(2) Description of additional land.--The additional land
referred to in paragraph (1) is the 25 acres of land--
``(A) depicted on the map entitled `Joshua Tree National
Park Boundary Adjustment Map', numbered 156/80,049, and dated
April 1, 2003;
``(B) added to Joshua Tree National Park by the notice of
the Department of the Interior of August 28, 2003 (68 Fed.
Reg. 51799); and
``(C) more particularly described as lots 26, 27, 28, 33,
and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.
``(d) Southern California Edison Company Energy Transport
Facilities and Rights-of-Way.--
``(1) In general.--Nothing in this title terminates any
valid right-of-way for the customary operation, maintenance,
upgrade, repair, relocation within an existing right-of-way,
replacement, or other authorized energy transport facility
activities in a right-of-way issued, granted, or permitted to
the Southern California Edison Company or the predecessors,
successors, or assigns of the Southern California Edison
Company that is located on land described in paragraphs (1)
and (2) of subsection (a), including, at a minimum, the use
of mechanized vehicles, helicopters, or other aerial devices.
``(2) Upgrades and replacements.--Nothing in this title
prohibits the upgrading or replacement of--
``(A) Southern California Edison Company energy transport
facilities, including the energy transport facilities
referred to as the Jellystone, Burnt Mountain, Whitehorn,
Allegra, and Utah distribution circuits rights-of-way; or
``(B) an energy transport facility in rights-of-way issued,
granted, or permitted by the Secretary adjacent to Southern
California Edison Joshua Tree Utility Facilities.
``(3) Publication of plans.--Not later than the date that
is 1 year after the date of enactment of this title or the
issuance of a new energy transport facility right-of-way
within the Joshua Tree National Park, whichever is earlier,
the Secretary, in consultation with the Southern California
Edison Company, shall publish plans for regular and emergency
access by the Southern California Edison Company to the
rights-of-way of the Southern California Edison Company
within Joshua Tree National Park.
``TITLE XV--OFF-HIGHWAY VEHICLE RECREATION AREAS
``SEC. 1501. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION
AREAS.
``(a) Designation.--In accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
and resource management plans developed under this title and
subject to valid rights, the following land within the
Conservation Area in San Bernardino County, California, is
designated as Off-Highway Vehicle Recreation Areas:
``(1) Dumont dunes off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the Conservation
Area, comprising approximately 7,630 acres, as generally
depicted on the map entitled `Dumont Dunes OHV Recreation
Area' and dated February 22, 2018, which shall be known as
the `Dumont Dunes Off-Highway Vehicle Recreation Area'.
``(2) El mirage off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the Conservation
Area, comprising approximately 14,930 acres, as generally
depicted on the map entitled `El Mirage Proposed OHV
Recreation Area' and dated February 22, 2018, which shall be
known as the `El Mirage Off-Highway Vehicle Recreation Area'.
``(3) Rasor off-highway vehicle recreation area.--Certain
Bureau of Land Management land in the Conservation Area,
comprising approximately 23,910 acres, as generally depicted
on the map entitled `Rasor Proposed OHV Recreation Area' and
dated March 9, 2018, which shall be known as the `Rasor Off-
Highway Vehicle Recreation Area'.
``(4) Spangler hills off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the Conservation
Area, comprising approximately 56,140 acres, as generally
depicted on the map entitled `Spangler Hills Proposed OHV
Recreation Area' and dated March 9, 2018, which shall be
known as the `Spangler Hills Off-Highway Vehicle Recreation
Area'.
``(5) Stoddard valley off-highway vehicle recreation
area.--Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 40,110 acres, as
generally depicted on the map entitled `Stoddard Valley
Proposed OHV Recreation Area' and dated March 9, 2018, which
shall be known as the `Stoddard Valley Off-Highway Vehicle
Recreation Area'.
``(b) Expansion of Johnson Valley Off-highway Vehicle
Recreation Area.--The Johnson Valley Off-Highway Vehicle
Recreation Area designated by section 2945 of the Military
Construction Authorization Act for Fiscal Year 2014 (division
B of Public Law 113-66; 127 Stat. 1038) is expanded to
include all of the land, approximately 11,300 acres, depicted
as the `Proposed Johnson Valley Off-Highway Vehicle
Recreation Area Additions' on the map entitled `Johnson
Valley Off-Highway Vehicle Recreation Area' and dated March
15, 2018.
``(c) Purpose.--The purpose of the off-highway vehicle
recreation areas designated or expanded under subsections (a)
and (b) is to preserve and enhance the recreational
opportunities within the Conservation Area (including
opportunities for off-highway vehicle recreation), while
conserving the wildlife and other natural resource values of
the Conservation Area.
``(d) Maps and Descriptions.--
``(1) Preparation and submission.--As soon as practicable
after the date of enactment of this title, the Secretary
shall file a map and legal description of each off-highway
vehicle recreation area designated or expanded by subsections
(a) or (b) with--
``(A) the Committee on Natural Resources of the House of
Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.
``(2) Legal effect.--The map and legal descriptions of the
off-highway vehicle recreation areas filed under paragraph
(1) shall have the same force and effect as if included in
this title, except that the Secretary may correct errors in
the map and legal descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate offices of the
Bureau of Land Management.
``(e) Use of the Land.--
``(1) Recreational activities.--
``(A) In general.--The Secretary shall continue to
authorize, maintain, and enhance the recreational uses of the
off-highway vehicle recreation areas designated or expanded
by subsections (a) and (b), including, but not limited to
off-highway recreation, hiking, camping, hunting, mountain
biking, sightseeing, rockhounding, and horseback riding, as
long as the recreational use is consistent with this section,
the protection of public health and safety, and any other
applicable law.
``(B) Off-highway vehicle and off-highway recreation.--To
the extent consistent with applicable Federal law (including
regulations) and this section, any authorized recreation
activities and use designations in effect on the date of
enactment of this title and applicable to the off-highway
vehicle recreation areas designated or expanded by
subsections (a) and (b) shall continue, including casual off-
highway vehicular use, racing, competitive events, rock
crawling, training, and other forms of off-highway
recreation.
``(2) Wildlife guzzlers.--Wildlife guzzlers shall be
allowed in the off-highway vehicle recreation areas
designated by subsection (a) in accordance with--
``(A) applicable Bureau of Land Management guidelines; and
``(B) State law.
``(3) Prohibited uses.--
``(A) In general.--Permanent commercial development
(including development of energy facilities, but excluding
energy transport facilities, rights-of-way, and related
telecommunication facilities) shall be prohibited in the off-
highway vehicle recreation areas designated or expanded by
subsections (a) and (b) if the Secretary determines that the
development is incompatible with the purpose of this title.
``(B) Exception for temporary permitted vendors.--
Subparagraph (A) does not prohibit a commercial vendor from
establishing, pursuant to a temporary permit, a site in the
off-highway vehicle recreation areas for the purpose of
providing accessories and other support for off-highway
vehicles and vehicles used for accessing the area.
``(f) Administration.--
``(1) In general.--The Secretary shall administer the off-
highway vehicle recreation areas designated or expanded by
subsections (a) and (b) in accordance with--
``(A) this title;
``(B) the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.); and
``(C) any other applicable laws (including regulations).
``(2) Management plan.--
``(A) In general.--As soon as practicable, but not later
than 3 years after the date of enactment of this title, the
Secretary will evaluate and determine if current land use
plans meet the intent of this Act. If not, the Secretary
shall--
[[Page H5597]]
``(i) amend existing resource management plans applicable
to the land designated as off-highway vehicle recreation
areas under subsection (a); or
``(ii) develop new activity plans for each off-highway
vehicle recreation area designated under that subsection.
``(B) Requirements.--All new or amended plans under
subparagraph (A) shall be designed to preserve and enhance
safe off-highway vehicle and other recreational opportunities
within the applicable recreation area consistent with--
``(i) the purpose described in subsection (c); and
``(ii) any applicable laws (including regulations).
``(C) Interim plans.--Pending completion of a new activity
plan under subparagraph (A), the existing resource management
plans shall govern the use of the applicable off-highway
vehicle recreation area.
``(g) Study.--
``(1) In general.--As soon as practicable, but not later
than 2 years after the date of enactment of this title, the
Secretary shall complete a study to identify Bureau of Land
Management land within the Conservation Area that is suitable
for addition to--
``(A) the off-highway vehicle recreation areas designated
by subsection (a) and (b); or
``(B) the Johnson Valley Off-Highway Vehicle Recreation
Area designated by section 2945 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 1038).
``(2) Study areas.--The study required under paragraph (1)
shall include--
``(A) certain Bureau of Land Management land in the
Conservation Area, comprising approximately 41,000 acres, as
generally depicted on the map entitled `Spangler Hills
Proposed OHV Recreation Area' and dated March 9, 2018;
``(B) certain Bureau of Land Management land in the
Conservation Area, comprising approximately 680 acres, as
generally depicted on the map entitled `El Mirage Proposed
OHV Recreation Area' and dated February 22, 2018; and
``(C) certain Bureau of Land Management land in the
Conservation Area, comprising approximately 10,300 acres, as
generally depicted on the map entitled `Johnson Valley Off-
Highway Vehicle Recreation Area' and dated March 15, 2018.
``(3) Requirements.--In preparing the study under paragraph
(1), the Secretary shall--
``(A) seek input from stakeholders, including--
``(i) the State, including--
``(I) the California Public Utilities Commission; and
``(II) the California Energy Commission;
``(ii) San Bernardino County, California;
``(iii) the public;
``(iv) recreational user groups;
``(v) conservation organizations;
``(vi) the Southern California Edison Company;
``(vii) the Pacific Gas and Electric Company; and
``(viii) other Federal agencies, including the Department
of Defense;
``(B) explore the feasibility of--
``(i) expanding the southern boundary of the off-highway
vehicle recreation area described in subsection (a)(3) to
include previously disturbed land; and
``(ii) establishing a right of way for OHV use in the area
identified in (g)(2), to the extent necessary to connect the
non-contiguous areas of the Johnson Valley Off-Highway
Vehicle Recreation Area;
``(C) identify and exclude from consideration any land
that--
``(i) is managed for conservation purposes;
``(ii) is identified as critical habitat for a listed
species;
``(iii) may be suitable for renewable energy development;
or
``(iv) may be necessary for energy transmission; and
``(D) not recommend or approve expansion of off-highway
vehicle recreation areas within the Conservation Area that
collectively would exceed the total acres administratively
designated for off-highway recreation within the Conservation
Area as of the day before the date of enactment of the
National Defense Authorization Act for Fiscal Year 2014
(Public Law 113-66; 127 Stat. 672).
``(4) Applicable law.--The Secretary shall consider the
information and recommendations of the study completed under
paragraph (1) to determine the impacts of expanding off-
highway vehicle recreation areas designated by subsection (a)
on the Conservation Area, in accordance with--
``(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(C) applicable regulations and plans, including the
Desert Renewable Energy Conservation Plan Land Use Plan
Amendment; and
``(D) any other applicable law.
``(5) Submission to congress.--On completion of the study
under paragraph (1), the Secretary shall submit the study
to--
``(A) the Committee on Natural Resources of the House of
Representatives; and
``(B) the Committee on Energy and Natural Resources of the
Senate.
``(6) Authorization for expansion.--
``(A) In general.--On completion of the study under
paragraph (1) and in accordance with all applicable laws
(including regulations), the Secretary shall authorize the
expansion of the off-highway vehicle recreation areas
recommended under the study.
``(B) Management.--Any land within the expanded areas under
subparagraph (A) shall be managed in accordance with this
section.
``(h) Southern California Edison Company Utility Facilities
and Rights-of-way.--
``(1) Effect of title.--Nothing in this title--
``(A) terminates any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized energy transport facility activities (including
the use of any mechanized vehicle, helicopter, and other
aerial device) in a right-of-way issued, granted, or
permitted to Southern California Edison Company (including
any predecessor or successor in interest or assign) that is
located on land included in--
``(i) the El Mirage Off-Highway Vehicle Recreation Area;
``(ii) the Spangler Hills Off-Highway Vehicle Recreation
Area; or
``(iii) the Stoddard Valley Off Highway Vehicle Recreation
Area;
``(B) affects the application, siting, route selection,
right-of-way acquisition, or construction of the Coolwater-
Lugo transmission project, as may be approved by the
California Public Utilities Commission and the Bureau of Land
Management; or
``(C) prohibits the upgrading or replacement of any
Southern California Edison Company--
``(i) utility facility, including such a utility facility
known on the date of enactment of this title as--
``(I) `Gale-PS 512 transmission lines or rights-of-way';
and
``(II) `Patio, Jack Ranch, and Kenworth distribution
circuits or rights-of-way'; and
``(ii) energy transport facility in a right-of-way issued,
granted, or permitted by the Secretary adjacent to a utility
facility referred to in clause (i).
``(2) Plans for access.--The Secretary, in consultation
with the Southern California Edison Company, shall publish
plans for regular and emergency access by the Southern
California Edison Company to the rights-of-way of the Company
by the date that is 1 year after the later of--
``(A) the date of enactment of this title; and
``(B) the date of issuance of a new energy transport
facility right-of-way within--
``(i) the El Mirage Off-Highway Vehicle Recreation Area;
``(ii) the Spangler Hills Off-Highway Vehicle Recreation
Area; or
``(iii) the Stoddard Valley Off Highway Vehicle Recreation
Area.
``(i) Pacific Gas and Electric Company Utility Facilities
and Rights-of-way.--
``(1) Effect of title.--Nothing in this title--
``(A) terminates any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-
way issued, granted, or permitted to Pacific Gas and Electric
Company (including any predecessor or successor in interest
or assign) that is located on land included in the Spangler
Hills Off-Highway Vehicle Recreation Area; or
``(B) prohibits the upgrading or replacement of any--
``(i) utility facilities of the Pacific Gas and Electric
Company, including those utility facilities known on the date
of enactment of this title as--
``(I) Gas Transmission Line 311 or rights-of-way; and
``(II) Gas Transmission Line 372 or rights-of-way; and
``(ii) utility facilities of the Pacific Gas and Electric
Company in rights-of-way issued, granted, or permitted by the
Secretary adjacent to a utility facility referred to in
clause (i).
``(2) Plans for access.--Not later than 1 year after the
date of enactment of this title or the issuance of a new
utility facility right-of-way within the Spangler Hills Off-
Highway Vehicle Recreation Area, whichever is later, the
Secretary, in consultation with the Pacific Gas and Electric
Company, shall publish plans for regular and emergency access
by the Pacific Gas and Electric Company to the rights-of-way
of the Pacific Gas and Electric Company.
``TITLE XVI--ALABAMA HILLS NATIONAL SCENIC AREA
``SEC. 1601. DEFINITIONS.
``In this title:
``(1) Management plan.--The term `management plan' means
the management plan for the National Scenic Area developed
under section 1603(a).
``(2) Map.--The term `Map' means the map titled `Proposed
Alabama Hills National Scenic Area', dated September 8, 2014.
``(3) Motorized vehicles.--The term `motorized vehicles'
means motorized or mechanized vehicles and includes, when
used by utilities, mechanized equipment, helicopters, and
other aerial devices necessary to maintain electrical or
communications infrastructure.
``(4) National scenic area.--The term `National Scenic
Area' means the Alabama Hills National Scenic Area
established by section 1602(a).
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) State.--The term `State' means the State of
California.
``(7) Tribe.--The term `Tribe' means the Lone Pine Paiute-
Shoshone.
``(8) Utility facility.--The term `utility facility' means
any and all existing and future water system facilities
including aqueducts, streams, ditches, and canals; water
facilities including, but not limited to, flow measuring
stations, gauges, gates, valves, piping, conduits, fencing,
and electrical power and communications devices and systems;
and any and all existing and future electric generation
facilities, electric storage facilities, overhead and/or
underground electrical supply systems and communication
systems consisting of electric substations, electric lines,
poles and towers made of
[[Page H5598]]
various materials, `H' frame structures, guy wires and
anchors, crossarms, wires, underground conduits, cables,
vaults, manholes, handholes, above-ground enclosures, markers
and concrete pads and other fixtures, appliances and
communication circuits, and other fixtures, appliances and
appurtenances connected therewith necessary or convenient for
the construction, operation, regulation, control, grounding
and maintenance of electric generation, storage, lines and
communication circuits, for the purpose of transmitting
intelligence and generating, storing, distributing,
regulating and controlling electric energy to be used for
light, heat, power, communication, and other purposes.
``SEC. 1602. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.
``(a) Establishment.--Subject to valid, existing rights,
there is established in Inyo County, California, the Alabama
Hills National Scenic Area. The National Scenic Area shall be
comprised of the approximately 18,610 acres generally
depicted on the Map as `National Scenic Area'.
``(b) Purpose.--The purpose of the National Scenic Area is
to conserve, protect, and enhance for the benefit, use, and
enjoyment of present and future generations the nationally
significant scenic, cultural, geological, educational,
biological, historical, recreational, cinematographic, and
scientific resources of the National Scenic Area managed
consistent with section 302(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(a)).
``(c) Map; Legal Description.--
``(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the National Scenic Area with--
``(A) the Committee on Energy and Natural Resources of the
Senate; and
``(B) the Committee on Natural Resources of the House of
Representatives.
``(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct any clerical and typographical errors in the map and
legal descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
``(d) Administration.--The Secretary shall manage the
National Scenic Area--
``(1) as a component of the National Landscape Conservation
System;
``(2) so as not to impact the future continuing operations
and maintenance of any activities associated with valid,
existing rights, including water rights;
``(3) in a manner that conserves, protects, and enhances
the resources and values of the National Scenic Area
described in subsection (b); and
``(4) 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 laws.
``(e) Management.--
``(1) In general.--The Secretary shall allow only such uses
of the National Scenic Area as the Secretary determines would
support the purposes of the National Scenic Area as described
in subsection (b).
``(2) Recreational activities.--Except as otherwise
provided in this Act or other applicable law, or as the
Secretary determines to be necessary for public health and
safety, the Secretary shall allow existing recreational uses
of the National Scenic Area to continue, including, but not
limited to, hiking, mountain biking, rock climbing,
sightseeing, horseback riding, hunting, fishing, and
appropriate authorized motorized vehicle use.
``(3) Motorized vehicles.--Except as specified within this
Act and/or in cases in which motorized vehicles are needed
for administrative purposes, or to respond to an emergency,
the use of motorized vehicles in the National Scenic Area
shall be permitted only on--
``(A) roads and trails designated by the Director of the
Bureau of Land Management for use of motorized vehicles as
part of a management plan sustaining a semi-primitive
motorized experience; or
``(B) on county-maintained roads in accordance with
applicable State and county laws.
``(f) No Buffer Zones.--
``(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Scenic Area.
``(2) Activities outside national scenic area.--The fact
that an activity or use on land outside the National Scenic
Area can be seen or heard within the National Scenic Area
shall not preclude the activity or use outside the boundaries
of the National Scenic Area.
``(g) Access.--The Secretary shall continue to provide
private landowners adequate access to inholdings in the
National Scenic Area.
``(h) Filming.--Nothing in this Act prohibits filming
(including commercial film production, student filming, and
still photography) within the National Scenic Area--
``(1) subject to--
``(A) such reasonable regulations, policies, and practices
as the Secretary considers to be necessary; and
``(B) applicable law; and
``(2) in a manner consistent with the purposes described in
subsection (b).
``(i) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife.
``(j) Livestock.--The grazing of livestock in the National
Scenic Area, including grazing under the Alabama Hills
allotment and the George Creek allotment, as established
before the date of enactment of this Act, shall be permitted
to continue--
``(1) subject to--
``(A) such reasonable regulations, policies, and practices
as the Secretary considers to be necessary; and
``(B) applicable law; and
``(2) in a manner consistent with the purposes described in
subsection (b).
``(k) Overflights.--Nothing in this Act restricts or
precludes flights over the National Scenic Area or
overflights that can be seen or heard within the National
Scenic Area, including--
``(1) transportation, sightseeing and filming flights,
general aviation planes, helicopters, hang-gliders, and
balloonists, for commercial or recreational purposes;
``(2) low-level overflights of military aircraft;
``(3) flight testing and evaluation;
``(4) the designation or creation of new units of special
use airspace, or the establishment of military flight
training routes, over the National Scenic Area; or
``(5) the use, including take-off and landing, of
helicopters and other aerial devices within valid rights-of-
way to construct or maintain energy transport facilities.
``(l) Withdrawal.--Subject to this Act's provisions and
valid rights in existence on the date of enactment of this
Act, including rights established by prior withdrawals, the
Federal land within the National Scenic Area is withdrawn
from all forms of--
``(1) entry, appropriation, or disposal under the public
land laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
``(m) Wildland Fire Operations.--Nothing in this Act
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the National Scenic Area,
consistent with the purposes described in subsection (b).
``(n) Grants; Cooperative Agreements.--The Secretary may
make grants to, or enter into cooperative agreements with,
State, tribal, and local governmental entities and private
entities to conduct research, interpretation, or public
education or to carry out any other initiative relating to
the restoration, conservation, or management of the National
Scenic Area.
``(o) Air and Water Quality.--Nothing in this Act modifies
any standard governing air or water quality outside of the
boundaries of the National Scenic Area.
``(p) Utility Facilities and Rights of Way.--
``(1) Nothing in this Act shall--
``(A) affect the existence, use, operation, maintenance
(including but not limited to vegetation control), repair,
construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition, relocation,
improvement, funding, removal, or replacement of utility
facilities or appurtenant rights of way within or adjacent to
the National Scenic Area;
``(B) affect necessary or efficient access to utility
facilities or rights of way within or adjacent to the
National Scenic Area subject to subsection (e); or
``(C) preclude the Secretary from authorizing the
establishment of new utility facility rights of way
(including instream sites, routes, and areas) within the
National Scenic Area in a manner that minimizes harm to the
purpose of the National Scenic Area as described in
subsection (b)--
``(i) with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and any other applicable law;
``(ii) subject to such terms and conditions as the
Secretary determines to be appropriate; and
``(iii) are determined, by the Secretary, to be the only
technical or feasible location, following consideration of
alternatives within existing rights of way or outside of the
National Scenic Area.
``(2) Management plan.--Consistent with this Act, the
Management Plan shall establish plans for maintenance of
public utility and other rights of way within the National
Scenic Area.
``SEC. 1603. MANAGEMENT PLAN.
``(a) In General.--Not later than 3 years after the date of
enactment of this Act, in accordance with subsection (b), the
Secretary shall develop a comprehensive plan for the long-
term management of the National Scenic Area.
``(b) Consultation.--In developing the management plan, the
Secretary shall--
``(1) consult with appropriate State, tribal, and local
governmental entities, including Inyo County and the Tribe;
and
``(2) seek input from--
``(A) investor-owned utilities, including Southern
California Edison Company;
``(B) the Alabama Hills Stewardship Group;
``(C) members of the public; and
``(D) the Los Angeles Department of Water and Power.
``(c) Requirement.--In accordance with this title, the
management plan shall include provisions for maintenance of
existing public utility and other rights-of-way within the
National Scenic Area.
``(d) Incorporation of Management Plan.--In developing the
management plan, in accordance with this section, the
Secretary shall allow, in perpetuity, casual-use mining
limited to the use of hand tools, metal detectors, hand-fed
dry washers, vacuum cleaners, gold pans, small sluices, and
similar items.
``(e) Interim Management.--Pending completion of the
management plan, the Secretary shall manage the National
Scenic Area in accordance with section 1602.
[[Page H5599]]
``SEC. 1604. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-
SHOSHONE RESERVATION.
``(a) Trust Land.--All right, title, and interest of the
United States in and to the approximately 132 acres of
Federal land depicted on the Map as `Lone Pine Paiute-
Shoshone Reservation Addition' shall be held in trust by the
United States for the benefit of the Tribe, subject to the
following:
``(1) Conditions.--The land shall be subject to all
easements, covenants, conditions, restrictions, withdrawals,
and other matters of record on the date of the enactment of
this Act.
``(2) Exclusion.--The Federal lands over which the right-
of-way for the Los Angeles Aqueduct is located, generally
described as the 250-foot-wide right-of-way granted to the
City of Los Angeles pursuant to the Act of June 30, 1906
(Chap. 3926), shall not be taken into trust for the Tribe.
``(b) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection (a).
``(c) Reservation Land.--The land taken into trust pursuant
to subsection (a) shall be considered part of the reservation
of the Tribe.
``(d) Gaming Prohibition.--Gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed
on the land taken into trust pursuant to subsection (a).
``SEC. 1605. TRANSFER OF ADMINISTRATIVE JURISDICTION.
``Administrative jurisdiction of the approximately 56 acres
of Federal land depicted on the Map as `USFS Transfer to BLM'
is hereby transferred from the Forest Service under the
Secretary of Agriculture to the Bureau of Land Management
under the Secretary.
``SEC. 1606. PROTECTION OF SERVICES AND RECREATIONAL
OPPORTUNITIES.
``(a) Effect of Title.--Nothing in this title shall be
construed to limit commercial services for existing and
historic recreation uses as authorized by the Bureau of Land
Management's permit process.
``(b) Guided Recreational Opportunities.--Commercial
permits to exercise guided recreational opportunities for the
public authorized as of the date of the enactment of this
title may continue to be authorized.
``TITLE XVII--MISCELLANEOUS
``SEC. 1701. MILITARY ACTIVITIES.
``Nothing in this Act--
``(1) restricts or precludes Department of Defense
motorized access by land or air--
``(A) to respond to an emergency within a wilderness area
designated by this Act; or
``(B) to control access to the emergency site;
``(2) prevents nonmechanized military training activities
previously conducted on wilderness areas designated by this
title that are consistent with--
``(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
``(B) all applicable laws (including regulations);
``(3) restricts or precludes low-level overflights of
military aircraft over the areas designated as wilderness,
national monuments, special management areas, or recreation
areas by this Act, including military overflights that can be
seen or heard within the designated areas;
``(4) restricts or precludes flight testing and evaluation
in the areas described in paragraph (3); or
``(5) restricts or precludes the designation or creation of
new units of special use airspace, or the establishment of
military flight training routes, over the areas described in
paragraph (3).
``SEC. 1702. PROHIBITED USES OF ACQUIRED, DONATED, AND
CONSERVATION LAND.
``(a) Definitions.--In this section:
``(1) Acquired land.--The term `acquired land' means any
land acquired within the Conservation Area using amounts from
funds such as the Land and Water Conservation Fund
established under section 200302 of title 54, United States
Code.
``(2) Conservation land.--The term `conservation land'
means any land within the Conservation Area that is
designated by the Bureau of Land Management in the California
Desert Conservation Area Plan, as amended, for conservation
purposes, as part of a mitigation agreement, or to satisfy
the conditions of a Federal habitat conservation plan,
general conservation plan, or State natural communities
conservation plan, including--
``(A) National Conservation Land established pursuant to
section 2002(b)(2)(D) of the Omnibus Public Land Management
Act of 2009 (16 U.S.C. 7202(b)(2)(D)); and
``(B) Areas of Critical Environmental Concern established
pursuant to section 202(c)(3) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(3)).
``(3) Donated land.--The term `donated land' means any
private land donated to the United States for conservation
purposes in the Conservation Area.
``(4) Donor.--The term `donor' means an individual or
entity that donates private land within the Conservation Area
to the United States.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
``(b) Prohibitions.--Except as provided in subsection (c),
the Secretary shall not authorize the use of acquired land,
conservation land, or donated land within the Conservation
Area for any activities contrary to the conservation purposes
for which the land was acquired, designated, or donated,
including--
``(1) disposal;
``(2) rights-of-way;
``(3) leases;
``(4) livestock grazing;
``(5) infrastructure development, except as provided in
subsection (c);
``(6) mineral entry; and
``(7) off-highway vehicle use, except on--
``(A) designated routes;
``(B) off-highway vehicle areas designated by law; and
``(C) administratively designated open areas.
``(c) Exceptions.--
``(1) Authorization by secretary.--Subject to paragraph
(2), the Secretary may authorize limited exceptions to
prohibited uses of acquired land or donated land in the
Conservation Area if--
``(A) a right-of-way application for a renewable energy
development project or associated energy transport facility
on acquired land or donated land was submitted to the Bureau
of Land Management on or before December 1, 2009; or
``(B) after the completion and consideration of an analysis
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and any appropriate land use plan
amendment under the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), the Secretary has determined
that proposed use is in the public interest.
``(2) Conditions.--
``(A) In general.--If the Secretary grants an exception to
the prohibition under paragraph (1), the Secretary shall
require the permittee to donate private land of comparable
value located within the Conservation Area to the United
States to mitigate the use.
``(B) Approval.--The private land to be donated under
subparagraph (A) shall be approved by the Secretary after--
``(i) consultation, to the maximum extent practicable, with
the donor of the private land proposed for nonconservation
uses; and
``(ii) an opportunity for public comment regarding the
donation.
``(d) Existing Agreements.--Nothing in this section affects
permitted or prohibited uses of donated land or acquired land
in the Conservation Area established in any easements, deed
restrictions, memoranda of understanding, or other agreements
in existence on the date of enactment of this title.
``(e) Deed Restrictions.--Effective beginning on the date
of enactment of this title, within the Conservation Area, the
Secretary may--
``(1) accept deed restrictions requested by landowners for
land donated to, or otherwise acquired by, the United States;
and
``(2) consistent with existing rights, create deed
restrictions, easements, or other third-party rights relating
to any public land determined by the Secretary to be
necessary--
``(A) to fulfill the mitigation requirements resulting from
the development of renewable resources; or
``(B) to satisfy the conditions of--
``(i) a habitat conservation plan or general conservation
plan established pursuant to section 10 of the Endangered
Species Act of 1973 (16 U.S.C. 1539); or
``(ii) a natural communities conservation plan approved by
the State.
``(f) Existing Rights of Way and Leases.--Nothing in this
section shall terminate or preclude the renewal or
reauthorization of valid existing rights-of-way or leases on
the donated land.
``SEC. 1703. TRIBAL USES AND INTERESTS.
``(a) Access.--The Secretary shall ensure access to areas
designated under this Act by members of Indian tribes for
traditional cultural and religious purposes, consistent with
applicable law, including Public Law 95-341 (commonly known
as the `American Indian Religious Freedom Act') (42 U.S.C.
1996).
``(b) Temporary Closure.--
``(1) In general.--In accordance with applicable law,
including Public Law 95-341 (commonly known as the `American
Indian Religious Freedom Act') (42 U.S.C. 1996), and subject
to paragraph (2), the Secretary, on request of an Indian
tribe or Indian religious community, shall temporarily close
to general public use any portion of an area designated as a
national monument, special management area, wild and scenic
river, area of critical environmental concern, or National
Park System unit under this Act (referred to in this
subsection as a `designated area') to protect the privacy of
traditional cultural and religious activities in the
designated area by members of the Indian tribe or Indian
religious community.
``(2) Limitation.--In closing a portion of a designated
area under paragraph (1), the Secretary shall limit the
closure to the smallest practicable area for the minimum
period necessary for the traditional cultural and religious
activities.
``(c) Cultural Resources Management Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of this title, the Secretary of the Interior shall
develop and implement a cultural resources management plan to
identify, protect, and conserve cultural resources of Indian
tribes associated with the Xam Kwatchan Trail network
extending from Avikwaame (Spirit Mountain, Nevada) to
Avikwlal (Pilot Knob, California).
``(2) Consultation.--The Secretary shall consult on the
development and implementation of the cultural resources
management plan under paragraph (1) with--
``(A) each of--
``(i) the Chemehuevi Indian Tribe;
``(ii) the Hualapai Tribal Nation;
``(iii) the Fort Mojave Indian Tribe;
``(iv) the Colorado River Indian Tribes;
``(v) the Quechan Indian Tribe; and
``(vi) the Cocopah Indian Tribe; and
``(B) the State Historic Preservation Offices of Nevada,
Arizona, and California.
``(3) Resource protection.--The cultural resources
management plan developed under paragraph (1) shall be--
[[Page H5600]]
``(A) based on a completed cultural resources survey; and
``(B) include procedures for identifying, protecting, and
preserving petroglyphs, ancient trails, intaglios, sleeping
circles, artifacts, and other resources of cultural,
archaeological, or historical significance in accordance with
all applicable laws and policies, including--
``(i) chapter 2003 of title 54, United States Code;
``(ii) Public Law 95-341 (commonly known as the `American
Indian Religious Freedom Act') (42 U.S.C. 1996);
``(iii) the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470aa et seq.);
``(iv) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.); and
``(v) Public Law 103-141 (commonly known as the `Religious
Freedom Restoration Act of 1993') (42 U.S.C. 2000bb et seq.).
``(d) Withdrawal.--Subject to valid existing rights, all
Federal land within the area administratively withdrawn and
known as the `Indian Pass Withdrawal Area' is permanently
withdrawn from--
``(1) all forms of entry, appropriation, or disposal under
the public land laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) right-of-way leasing and disposition under all laws
relating to minerals or solar, wind, or geothermal energy.
``SEC. 1704. RELEASE OF FEDERAL REVERSIONARY LAND INTERESTS.
``(a) Definitions.--In this section:
``(1) 1932 act.--The `1932 Act' means the Act of June 18,
1932 (47 Stat. 324, chapter 270).
``(2) District.--The `District' means the Metropolitan
Water District of Southern California.
``(b) Release.--Subject to valid existing claims perfected
prior to the effective date of the 1932 Act and the
reservation of minerals set forth in the 1932 Act, the
Secretary shall release, convey, or otherwise quitclaim to
the District, in a form recordable in local county records,
and subject to the approval of the District, after
consultation and without monetary consideration, all right,
title, and remaining interest of the United States in and to
the land that was conveyed to the District pursuant to the
1932 Act or any other law authorizing conveyance subject to
restrictions or reversionary interests retained by the United
States, on request by the District.
``(c) Terms and Conditions.--A conveyance authorized by
subsection (b) shall be subject to the following terms and
conditions:
``(1) The District shall cover, or reimburse the Secretary
for, the costs incurred by the Secretary to make the
conveyance, including title searches, surveys, deed
preparation, attorneys' fees, and similar expenses.
``(2) By accepting the conveyances, the District agrees to
indemnify and hold harmless the United States with regard to
any boundary dispute relating to any parcel conveyed under
this section.
``SEC. 1705. DESERT TORTOISE CONSERVATION CENTER.
``(a) Establishment.--The Secretary of the Interior
(referred to in this section as the `Secretary') shall
establish, operate, and maintain a bi-State center, to be
known as the `Desert Tortoise Conservation Center' (referred
to in this section as the `Center'), on public land along the
border between the States of California and Nevada--
``(1) to support desert tortoise research, disease
monitoring, handling training, rehabilitation, and
reintroduction; and
``(2) to ensure the full recovery and ongoing survival of
the desert tortoise species.
``(b) Requirements.--In carrying out subsection (a), the
Secretary shall--
``(1) seek the participation of or contract with qualified
nongovernmental organizations with expertise in desert
tortoise disease research and experience with desert tortoise
translocation techniques, and scientific training of
professional biologists for handling tortoises, to staff and
manage the Center, including through the use of public-
private partnerships for funding and other purposes, where
appropriate;
``(2) ensure that the Center engages in public outreach and
education on tortoise handling; and
``(3) consult with the States of California and Nevada to
ensure the center is operated consistently with applicable
State law.
``(c) Non-Federal Contributions.--The Secretary may accept
and expend contributions of non-Federal funds to establish,
operate, and maintain the Center.
``SEC. 1706. WILDLIFE CORRIDORS.
``(a) In General.--The Secretary shall--
``(1) assess the impacts of habitat fragmentation on
wildlife in the Conservation Area; and
``(2) establish policies and procedures to ensure the
preservation of wildlife corridors and facilitate species
migration.
``(b) Study.--
``(1) In general.--As soon as practicable, but not later
than 2 years after the date of enactment of this title, the
Secretary shall complete a study regarding the impact of
habitat fragmentation on wildlife in the Conservation Area.
``(2) Components.--The study under paragraph (1) shall--
``(A) identify the species migrating, or likely to migrate,
in the Conservation Area;
``(B) examine the impacts and potential impacts of habitat
fragmentation on--
``(i) plants, insects, and animals; and
``(ii) species migration and survival;
``(C) identify critical wildlife and species migration
corridors recommended for preservation; and
``(D) include recommendations for ensuring the biological
connectivity of public land managed by the Secretary and the
Secretary of Defense throughout the Conservation Area.
``(3) Rights-of-way.--The Secretary shall consider the
information and recommendations of the study under paragraph
(1) to determine the individual and cumulative impacts of
rights-of-way for projects in the Conservation Area, in
accordance with--
``(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
``(C) any other applicable law.
``(c) Land Management Plans.--The Secretary shall
incorporate into all land management plans applicable to the
Conservation Area the findings and recommendations of the
study completed under subsection (b).''.
SEC. 3. VISITOR CENTER.
Title IV of the California Desert Protection Act of 1994
(16 U.S.C. 410aaa-21 et seq.) is amended by adding at the end
the following:
``SEC. 408. VISITOR CENTER.
``(a) In General.--The Secretary may acquire not more than
5 acres of land and interests in land, and improvements on
the land and interests, outside the boundaries of Joshua Tree
National Park, in the unincorporated village of Joshua Tree,
for the purpose of operating a visitor center.
``(b) Boundary.--The Secretary shall modify the boundary of
the park to include the land acquired under this section as a
noncontiguous parcel.
``(c) Administration.--Land and facilities acquired under
this section--
``(1) may include the property owned (as of the date of
enactment of this section) by the Joshua Tree National Park
Association and commonly referred to as the `Joshua Tree
National Park Visitor Center';
``(2) shall be administered by the Secretary as part of the
park; and
``(3) may be acquired only with the consent of the owner,
by donation, purchase with donated or appropriated funds, or
exchange.''.
SEC. 4. CALIFORNIA STATE SCHOOL LAND.
Section 707 of the California Desert Protection Act of 1994
(16 U.S.C. 410aaa-77) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``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'' and inserting the following:
``(1) In general.--The Secretary shall negotiate in good
faith to reach an agreement with the California State Lands
Commission (referred to in this section as the Commission)'';
and
(ii) by inserting ``, national monuments, off-highway
vehicle recreation areas,'' after ``more of the wilderness
areas''; and
(B) in the second sentence, by striking ``The Secretary
shall negotiate in good faith to'' and inserting the
following:
``(2) Agreement.--To the maximum extent practicable, not
later than 10 years after the date of enactment of this
title, the Secretary shall'';
(2) in subsection (b)(1), by inserting ``, national
monuments, off-highway vehicle recreation areas,'' after
``wilderness areas'';
(3) in subsection (c), by adding at the end the following:
``(5) Special deposit fund account.--
``(A) In general.--Assembled land exchanges may be used to
carry out this section through the sale of surplus Federal
property and subsequent acquisitions of State school land.
``(B) Receipts.--Past and future receipts from the sale of
property described in subsection (a), less any costs incurred
related to the sale, shall be deposited in a Special Deposit
Fund Account established in the Treasury.
``(C) Use.--Funds accumulated in the Special Deposit Fund
Account may be used by the Secretary, without an
appropriation, to acquire State school lands or interest in
the land consistent with this section.''; and
(4) by adding at the end the following:
``(e) Memorandum of Agreement.--
``(1) Any transaction completed pursuant to this section
prior to January 1, 2018:
``(A) is deemed to be in compliance with the terms of the
October 26, 1995, Memorandum of Agreement between the
commission, the general services administration, and the
Secretary; and
``(B) meets the requirements of subsection (a) of this
section.
``(2) Future transactions that satisfy the terms of the
October 26, 1995, Memorandum of Agreement shall be considered
to be in compliance with subsection (a) of this section.''.
SEC. 5. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended--
(1) in paragraph (196), by striking subparagraph (A) and
inserting the following:
``(A)(i) The approximately 1.4-mile segment of the Amargosa
River in the State of California, from the private property
boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet
downstream of Highway 178, to be administered by the
Secretary of the Interior as a scenic river as an addition to
the wild and scenic river segments of the Amargosa River on
publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the boundaries of
the segments have been acquired as scenic easements or in fee
title to establish a manageable addition to those segments.
``(ii) The approximately 6.1-mile segment of the Amargosa
River in the State of California, from 100 feet downstream of
the State Highway 178 crossing to 100 feet upstream of the
Tecopa Hot Springs Road crossing, to be administered by the
Secretary of the Interior as a scenic river.''; and
(2) by adding at the end the following:
``(213) Surprise canyon creek, california.--
``(A) In general.--The following segments of Surprise
Canyon Creek in the State of California, to be administered
by the Secretary of the Interior:
[[Page H5601]]
``(i) The approximately 5.3 miles of Surprise Canyon Creek
from the confluence of Frenchman's Canyon and Water Canyon to
100 feet upstream of Chris Wicht Camp, as a wild river.
``(ii) The approximately 1.8 miles of Surprise Canyon Creek
from 100 feet upstream of Chris Wicht Camp to the southern
boundary of sec. 14, T. 21 S., R. 44 E., Mount Diablo
Meridian, as a recreational river.
``(B) Effect on historic mining structures.--Nothing in
this paragraph affects the historic mining structures
associated with the former Panamint Mining District.
``(214) Deep creek, california.--
``(A) In general.--The following segments of Deep Creek in
the State of California, to be administered by the Secretary
of Agriculture:
``(i) The approximately 6.5-mile segment from 0.125 mile
downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2
W., San Bernardino Meridian to 0.25 miles upstream of the
Road 3N34 crossing, as a wild river.
``(ii) The 0.5-mile segment from 0.25 mile upstream of the
Road 3N34 crossing to 0.25 mile downstream of the Road 3N34
crossing, as a scenic river.
``(iii) The 2.5-mile segment from 0.25 miles downstream of
the Road 3 N. 34 crossing to 0.25 miles upstream of the Trail
2W01 crossing, as a wild river.
``(iv) The 0.5-mile segment from 0.25 miles upstream of the
Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01
crossing, as a scenic river.
``(v) The 10-mile segment from 0.25 miles downstream of the
Trail 2W01 crossing to the upper limit of the Mojave dam
flood zone in sec. 17, T. 3 N., R. 3 W., San Bernardino
Meridian, as a wild river.
``(vi) The 11-mile segment of Holcomb Creek from 100 yards
downstream of the Road 3N12 crossing to .25 miles downstream
of Holcomb Crossing, as a recreational river.
``(vii) The 3.5-mile segment of the Holcomb Creek from 0.25
miles downstream of Holcomb Crossing to the Deep Creek
confluence, as a wild river.
``(B) Effect on ski operations.--Nothing in this paragraph
affects--
``(i) the operations of the Snow Valley Ski Resort; or
``(ii) the State regulation of water rights and water
quality associated with the operation of the Snow Valley Ski
Resort.
``(215) Whitewater river, california.--The following
segments of the Whitewater River in the State of California,
to be administered by the Secretary of Agriculture and the
Secretary of the Interior, acting jointly:
``(A) The 5.8-mile segment of the North Fork Whitewater
River from the source of the River near Mt. San Gorgonio to
the confluence with the Middle Fork, as a wild river.
``(B) The 6.4-mile segment of the Middle Fork Whitewater
River from the source of the River to the confluence with the
South Fork, as a wild river.
``(C) The 1-mile segment of the South Fork Whitewater River
from the confluence of the River with the East Fork to the
section line between sections 32 and 33, T. 1 S., R. 2 E.,
San Bernardino Meridian, as a wild river.
``(D) The 1-mile segment of the South Fork Whitewater River
from the section line between sections 32 and 33, T. 1 S., R.
2 E., San Bernardino Meridian, to the section line between
sections 33 and 34, T. 1 S., R. 2 E., San Bernardino
Meridian, as a recreational river.
``(E) The 4.9-mile segment of the South Fork Whitewater
River from the section line between sections 33 and 34, T. 1
S., R. 2 E., San Bernardino Meridian, to the confluence with
the Middle Fork, as a wild river.
``(F) The 5.4-mile segment of the main stem of the
Whitewater River from the confluence of the South and Middle
Forks to the San Gorgonio Wilderness boundary, as a wild
river.
``(G) The 3.6-mile segment of the main stem of the
Whitewater River from the San Gorgonio Wilderness boundary to
.25 miles upstream of the southern boundary of section 35, T.
2 S., R. 3 E., San Bernardino Meridian, as a recreational
river.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Short Title.--Section 1 of the California Desert
Protection Act of 1994 (16 U.S.C. 410aaa note; Public Law
103-433) is amended by striking ``1 and 2, and titles I
through IX'' and inserting ``1, 2, and 3, titles I through
IX, and titles XIII through XVII''.
(b) Definitions.--The California Desert Protection Act of
1994 (Public Law 103-433; 108 Stat. 4481) is amended by
inserting after section 2 the following:
``SEC. 3. DEFINITIONS.
``In titles XIII through XVII:
``(1) Conservation area.--The term `Conservation Area'
means the California Desert Conservation Area.
``(2) Secretary.--The term `Secretary' means--
``(A) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior; and
``(B) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture.
``(3) State.--The term `State' means the State of
California.''.
(c) Administration of Wilderness Areas.--Section 103 of the
California Desert Protection Act of 1994 (Public Law 103-433;
108 Stat. 4481) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) No Buffer Zones.--
``(1) In general.--Congress does not intend for the
designation of wilderness areas by this Act--
``(A) to require the additional regulation of land adjacent
to the wilderness areas; or
``(B) to lead to the creation of protective perimeters or
buffer zones around the wilderness areas.
``(2) Nonwilderness activities.--Any nonwilderness
activities (including renewable energy projects, energy
transmission or telecommunications projects, mining, and
military activities) in areas immediately adjacent to the
boundary of a wilderness area designated by this Act shall
not be restricted or precluded by this Act, regardless of any
actual or perceived negative impacts of the nonwilderness
activities on the wilderness area, including any potential
indirect impacts of nonwilderness activities conducted
outside the designated wilderness area on the viewshed,
ambient noise level, or air quality of wilderness area.'';
(2) in subsection (f), by striking ``designated by this
title and'' and inserting ``, potential wilderness areas,
special management areas, and national monuments designated
by this title or titles XIII through XVII''; and
(3) in subsection (g), by inserting ``, a potential
wilderness area, a special management areas, or national
monument'' before ``by this Act''.
(d) Juniper Flats.--Title VII of the California Desert
Protection Act of 1994 (Public Law 103-433; 108 Stat. 4497)
is amended by adding at the end the following new section:
``SEC. 712. JUNIPER FLATS.
``Development of renewable energy generation facilities
(excluding rights-of-way or facilities for the transmission
of energy and telecommunication facilities and
infrastructure) is prohibited on the approximately 28,000
acres of Federal land generally depicted as `BLM Land
Unavailable for Energy Development' on the map entitled
`Juniper Flats' and dated April 26, 2018.''.
(e) California Military Lands Withdrawal and Overflights
Act of 1994.--
(1) Findings.--Section 801(b)(2) of the California Military
Lands Withdrawal and Overflights Act of 1994 (16 U.S.C.
410aaa-82 note; Public Law 103-433) is amended by inserting
``, special management areas, potential wilderness areas,''
before ``and wilderness areas''.
(2) Overflights; special airspace.--Section 802 of the
California Military Lands Withdrawal and Overflights Act of
1994 (16 U.S.C. 410aaa-82) is amended--
(A) in subsection (a), by inserting ``or special management
areas'' before ``designated by this Act'';
(B) in subsection (b), by inserting ``or special management
areas'' before ``designated by this Act''; and
(C) by adding at the end the following:
``(d) Department of Defense Facilities.--Nothing in this
Act alters any authority of the Secretary of Defense to
conduct military operations at installations and ranges
within the California Desert Conservation Area that are
authorized under any other provision of law.''.
(f) Clarification Regarding Funding.--No additional funds
are authorized to carry out the requirements of this Act and
the amendments made by this Act. Such requirements shall be
carried out using amounts otherwise authorized.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from Maryland (Mr. Brown) each will
control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume
to the gentleman from California (Mr. Cook), whose bill we are
discussing, and who actually came up with the process of involving his
community to do this kind of transfer the right way.
Mr. COOK. Mr. Speaker, I thank Chairman Bishop for yielding me the
time.
I would like to take a few minutes to talk about my bill, H.R. 857,
the California Off-Road Recreational and Conservation Act. The
California desert has long been a land of many uses. The local
economies depend on a combination of revenue from recreational off-
highway vehicle use, known as OHV, mining, and tourism to our stunning
desert parks and wilderness areas.
Balancing these economic drivers is key to aligning Federal land use
policies. This bill is the product of years of outreach to local
governments, Tribes, off-highway vehicle users, conservation groups,
chambers of commerce, miners, and other stakeholders.
H.R. 857 will establish five off-highway vehicle recreational areas
in the California desert, as well as expand an existing OHV area. Three
of these OHV areas would also include expansion study areas. In total,
these 6 OHV areas cover 300,000 acres.
This bill creates additional protections for OHV users and ensures
that these areas cannot be closed administratively. Creating the
Nation's first
[[Page H5602]]
system of off-highway vehicle recreation areas will ensure that OHV
activity is conducted in appropriate locations, protecting other parts
of the desert.
The California Desert Protection Act of 1994 left the Mojave Desert
with hundreds of thousands of acres of wilderness study areas. In a
decade since then, these areas have been reviewed extensively for their
suitability as wilderness areas.
My bill would designate some of these areas as wilderness, primarily
within these wilderness study areas and Death Valley National Park,
while releasing other areas from the wilderness study that were found
to be unsuitable for wilderness designation.
Additionally, my bill would designate approximately 18,000 acres of
existing Federal land as the Alabama Hills National Scenic Area. This
would restrict large-scale projects, such as renewable energy
generation, while preserving all existing recreational and commercial
use of Alabama Hills. Activities such as filming, hiking, mountain
biking, rock climbing, hunting, fishing, and authorized motorized
vehicle use would be unaffected. Additionally, recreational mineral
prospecting, i.e., rockhounding, would continue.
This portion of H.R. 857 passed the House as a stand-alone bill in
the last Congress with unanimous support before stalling in the Senate.
The California Off-Road Recreation Conservation Act has the support
of San Bernardino County and Inyo County; the Metropolitan Water
District of Southern California; local cities; virtually every major
off-road vehicle group; environmental groups, such as the California
Wilderness Coalition, and the Pew Charitable Trusts; local chambers of
commerce; and Lone Pine Paiute-Shoshone Reservation.
There is no known opposition to this bill. H.R. 857 is the product of
years of grassroots work and represents a consensus on how to manage
our public lands in the California desert.
Mr. Speaker, I strongly encourage my colleagues to support its
passage.
Mr. BROWN of Maryland. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 857, introduced by Representative Cook from
California, is a comprehensive package of land designations designed to
increase conservation efforts and recreation access throughout the
California desert.
The bill adds approximately 329,370 acres to the National Wilderness
Preservation System, expands three units of the National Park System,
creates new areas set aside for off-highway recreation, and establishes
the Alabama Hills National Scenic Area.
Representative Cook's bill builds upon the success of the California
Desert Protection Act and the recent monument designations by President
Obama to provide lasting protections and ensure ongoing recreational
access throughout the region.
{time} 1615
This bill closely mirrors its Senate companion introduced by Senator
Feinstein that is moving its way through the legislative process in the
Senate. Hopefully, that means we can deliver a version of this bill to
the President's desk to provide a lasting conservation solution for a
substantial portion of the California desert.
Mr. Speaker, I urge adoption of this bill, and I reserve the balance
of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I insert into the Record background material for this
particular bill.
Background and Need for H.R. 857, the California Off-Road Recreation
and Conservation Act
President Clinton signed into law the California Desert
Protection Act of 1994 (Public Law 103-433), which
established the Mojave National Preserve, the Death Valley
National Park and Joshua Tree National Park. It also created
over 7 million acres of wilderness in the California desert,
which stretches across millions of acres of the southeastern
corner of the State. Since then, there have been numerous
legislative efforts to apply additional federal land
protections in this area, including the designation of
additional wilderness, national monuments, and expansion of
existing National Parks. In the 114th Congress, Senator
Dianne Feinstein (D-CA) introduced S. 414, the California
Desert Conservation and Recreation Act of 2015, a bill that
amends and updates the California Desert Protection Act of
1994 and reflects similar bills introduced in previous
Congresses. S. 414 would have created two new national
monuments, designated approximately 349,000 acres as
wilderness, and expanded Death Valley National Park, Joshua
Tree National Park and the Mojave National Preserve.
Rather than pursue the legislative process, Senator
Feinstein asked the Obama Administration in August 2015 to
use its authority under the Antiquities Act of 1906 (54
U.S.C. 320301 et seq.) to unilaterally designate three
national monuments in the California desert--the Mojave
Trails National Monument, Sand to Snow National Monument, and
Castle Mountains National Monument--without Congressional
approval. The following October, Senator Feinstein, the
Department of the Interior, and Department of Agriculture
hosted one public meeting on the prospect of designating
these areas as national monuments, as well as other
management priorities for the California desert area.
In response to concerns raised regarding this monument
strategy, Congressman Paul Cook worked with local communities
and stakeholders to craft alternative legislation which
attempted to balance the environmental protection of the
desert's landscapes with recreational and other multiple-use
activities that have occurred in the region for decades. The
result was H.R. 3668, the California Minerals, Off-Road
Recreation, and Conservation Act. It was the subject of a
Federal Lands Subcommittee hearing on December 9, 2015, but
no further legislative action was taken in the 114th
Congress. On February 12, 2016, President Obama designated
three new national monuments encompassing nearly 1.75 million
acres in the Southern California desert.
H.R. 857 seeks to balance many of the environmental and
recreationalist concerns that have remained in the wake of
the Obama designations. The bill creates the first system of
Off-Highway Vehicle (OHV) recreation in the nation by setting
aside nearly 150,000 acres across six areas to enhance and
protect OHV activity. The bill also releases approximately
121,000 acres of Wilderness Study Areas, allowing for broader
management of such lands. Additionally, as part of a
compromise between OHV and environmental groups, H.R. 857
designates approximately 330,000 acres of new wilderness,
creates a new National Scenic Area, and establishes 77 miles
of new Wild and Scenic Rivers. Much of the wilderness
designated under the bill is contained within a National Park
or a Wilderness Study Area.
The following groups support this legislation: Advocates
for Access to Public Lands; Alabama Hills Stewardship Group;
American Motorcyclist Association; American Sand Association;
Americans for Responsible Recreational Access; The City of
Bishop, CA; Bishop Area Chamber of Commerce and Visitors
Bureau; Blue Ribbon Coalition, Inc.; California Wilderness
Coalition; Eastern Sierra 4X4 Club; Friends of the Inyo; Inyo
County Board of Supervisors; Inyo County Superintendent of
Schools; Lone Pine Chamber of Commerce; Lone Pine Paiute-
Shoshone Reservation; Motorcycle Industry Council; National
Off-Highway Vehicle Conservation Council; Pew Charitable
Trusts; Recreational Off-Highway Vehicle Association; San
Bernardino County; Specialty Equipment Market Association;
Specialty Vehicle Institute of America.
selected section-by-section analysis as reported
Sec. 2. California Off-Road Recreation and Conservation.
Designates approximately 330,000 acres of wilderness in the
California desert, 88,000 acres of which is primarily within
Joshua Tree National Park and 180,000 acres of which is
currently a Wilderness Study Area. This section also releases
approximately 121,000 acres of Wilderness Study Areas back
into multiple use, and ensures that ``cherry-stemmed'' roads
within wilderness remain open to motorized access.
Adds approximately 40,000 acres to the National Park
System. Approximately 35,000 acres of land would be added to
Death Valley National Park, 25 acres would be added to Mojave
National Preserve, and approximately 4,500 acres would be
added to Joshua Tree National Park.
Designates six existing administrative off-highway vehicle
areas as ``National Off-Highway Vehicle Recreation Areas,''
creating the first system of national OHV Recreation Areas in
the nation. These include Dumont Dunes, El Mirage, Rasor,
Spangler Hills, Stoddard Valley, and Johnson Valley (a total
of more than 150,000 acres dedicated to OHV recreation), and
designates an additional 51,980 acres of previously disturbed
land for study and potential inclusion into the System.
Designates 18,610 acres of Bureau of Land Management (BLM)
land as the ``Alabama Hills National Scenic Area'' and
includes the area in the National Landscape Conservation
System.
Takes 132 acres of federal land into trust for the Lone
Pine Paiute-Shoshone Tribe and prohibits gaming on the land.
Ensures access to areas designated under the Act by tribes
for traditional cultural and religious purposes, including
the ability of a tribe to request the Secretary of the
Interior to temporarily close any designated area to protect
the privacy of traditional cultural and religious activities
by members of a tribe or Indian religious community.
Requires the development and implementation of a tribal
cultural resources management plan to identify, protect, and
conserve
[[Page H5603]]
cultural resources of Indian tribes associated with the Xam
Kwatchan Trail network.
Establishes a California-Nevada Desert Tortoise Relocation
Center with the aid of private partners and directs the
Secretary of the Interior to study wildlife corridors and
species migration in the California desert.
Sec. 3. Visitor Center.
Authorizes the National Park Service to acquire up to five
acres of land for a Joshua Tree National Park Visitor Center.
Sec. 4. California State School Land.
Allows BLM revenue from surplus land exchange and disposal
to fund the purchase of California State school trust land.
Sec. 5. Designation of Wild and Scenic Rivers.
Designates 77 miles of new wild, scenic, and recreational
rivers under the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.). The designations affect the Amargosa River,
Surprise Canyon Creek, Deep Creek, and the Whitewater River.
Sec. 6. Conforming Amendments.
Makes conforming amendments and prevents the creation of
buffer zones around new wilderness areas.
Mr. BISHOP of Utah. Mr. Speaker, let me just say very quickly here
that what Representative Cook has done is taking an important issue and
doing it the right way, by collaboration and outreach with local people
who live in those areas on what they want to do with the public land.
Public land does not necessarily only mean Federal land. Public land
can also be State, it can be county, and it can be all sorts of
entities' land, but the value of that land, whether it is Federal or
State or county or municipality, is does it help the people of that
particular area.
What Mr. Cook has done in this particular piece of legislation is
talk to them and find a way in which the land can actually be used to
help people. So, yes, he released some wilderness study areas that were
designated as unsuitable for a wilderness designation but then created
three times that number of acreage in new wilderness designations as
well as new wild and scenic river designations.
Most importantly, because land is needed for recreational purposes,
he puts protections for people who are using this land--OHV users,
especially--that ensure these areas will not be closed administratively
and that that kind of recreation opportunity will not be taken away on
a whim.
So what he has done is worked very hard with local people to find
local people's needs and desires for their local land and provided them
an opportunity that will provide not only economic benefits for a few,
but also recreational benefits for many, as well as creating new
wilderness designations at the same time and wild and scenic
designations at the same time.
This is a win-win for everyone involved. I commend him for his hard
work in actually coming up with this particular process. This is the
way land designation should be used.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Maryland. Mr. Speaker, I yield back the balance of my
time.
Mr. BISHOP of Utah. Mr. Speaker, I urge my colleagues to adopt this
bill. I have no more speakers, and I yield back the balance of my time
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 857, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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