[House Report 110-693]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-693
======================================================================
CALIFORNIA DESERT AND MOUNTAIN HERITAGE ACT OF 2008
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3682]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3682) to designate certain Federal lands in
Riverside County, California, as wilderness, to designate
certain river segments in Riverside County as a wild, scenic,
or recreational river, to adjust the boundary of the Santa Rosa
and San Jacinto Mountains National Monument, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``California Desert
and Mountain Heritage Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau of Land
Management land in Riverside County, California.
Sec. 103. Joshua Tree National Park potential wilderness.
Sec. 104. Administration of wilderness.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Wild and scenic river designations, Riverside County,
California.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains
National Monument.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO
NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND
BUREAU OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY,
CALIFORNIA.
(a) Agua Tibia Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland
National Forest and certain land administered by the Bureau of Land
Management in Riverside County, California, together comprising
approximately 2,053 acres, as generally depicted on the map titled
``Proposed Addition to Agua Tibia Wilderness'', and dated May 9, 2008,
is designated as wilderness and is incorporated in, and shall be deemed
to be a part of, the Agua Tibia Wilderness designated by section 2(a)
of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Cahuilla Mountain Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino
National Forest, California, comprising approximately 5,585 acres, as
generally depicted on the map titled ``Cahuilla Mountain Proposed
Wilderness'', and dated May 1, 2008, is designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System, which shall be known as the ``Cahuilla Mountain Wilderness''.
(c) South Fork San Jacinto Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 20,217
acres, as generally depicted on the map titled ``South Fork San Jacinto
Proposed Wilderness'', and dated May 1, 2008, is designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``South Fork San
Jacinto Wilderness''.
(d) Santa Rosa Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, and certain land administered
by the Bureau of Land Management in Riverside County, California,
comprising approximately 2,149 acres, as generally depicted on the map
titled ``Santa Rosa-San Jacinto National Monument Expansion and Santa
Rosa Wilderness Addition'', and dated March 12, 2008, is designated as
wilderness and is incorporated in, and shall be deemed to be a part of,
the Santa Rosa Wilderness designated by section 101(a)(28) of Public
Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by
paragraph (59) of section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(e) Beauty Mountain Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in Riverside County, California, comprising
approximately 15,621 acres, as generally depicted on the map titled
``Beauty Mountain Proposed Wilderness'', and dated April 3, 2007, is
designated as wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the ``Beauty
Mountain Wilderness''.
(f) Joshua Tree National Park Wilderness Additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
Joshua Tree National Park, comprising approximately 36,700 acres, as
generally depicted on the map numbered 156/80,055, and titled ``Joshua
Tree National Park Proposed Wilderness Additions'', and dated March
2008, is designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated by
section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note).
(g) Orocopia Mountains Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by
the Bureau of Land Management in Riverside County, California,
comprising approximately 4,635 acres, as generally depicted on the map
titled ``Orocopia Mountains Proposed Wilderness Addition'', and dated
May 8, 2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of, the Orocopia Mountains Wilderness as
designated by paragraph (44) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries
established by this subsection in Township 7 South are intended to
exclude--
(1) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(2) a corridor 250 feet from both sides of the centerline of
the vehicle route in the unnamed wash that flows between the
Eagle Mountain Railroad on the south and the existing Orocopia
Mountains Wilderness boundary; and
(3) a corridor 250 feet from both sides of the centerline of
the vehicle route in the unnamed wash that flows between the
Chocolate Mountain Aerial Gunnery Range on the south and the
existing Orocopia Mountains Wilderness boundary.
(h) Palen/McCoy Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by
the Bureau of Land Management in Riverside County, California,
comprising approximately 22,645 acres, as generally depicted on the map
titled ``Palen-McCoy Proposed Wilderness Additions'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Palen/McCoy Wilderness as designated by
paragraph (47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(i) Pinto Mountains Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in Riverside County, California, comprising
approximately 24,404 acres, as generally depicted on the map titled
``Pinto Mountains Proposed Wilderness'', and dated February 21, 2008,
is designated as wilderness and, therefore, as a component of the
National Wilderness Preservation System, which shall be known as the
``Pinto Mountains Wilderness''.
(j) Chuckwalla Mountains Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered
by the Bureau of Land Management in Riverside County, California,
comprising approximately 12,815 acres, as generally depicted on the map
titled ``Chuckwalla Mountains Proposed Wilderness Addition'', and dated
May 8, 2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains Wilderness as
designated by paragraph (12) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note).
(k) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area and wilderness addition
designated by this section with the Committee on Natural
Resources of the House of Representatives and 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 map and legal description.
(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.
(l) Utility Facilities and Corridors.--The wilderness areas and
wilderness additions designated by this section are intended to exclude
rights of way for existing utility facilities, such as power, gas, and
telecommunications lines, and associated structures and access roads,
and existing designated utility corridors. Nothing in this section or
the Wilderness Act shall be construed to prohibit construction,
operation, and maintenance, using standard industry practices, of
existing utility facilities located outside of the wilderness areas and
wilderness additions designated by this section.
SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.
(a) Designation of Potential Wilderness.--Certain land in the Joshua
Tree National Park, comprising approximately 43,300 acres, as generally
depicted on the map numbered 156/80,055, and titled ``Joshua Tree
National Park Proposed Wilderness Additions'', and dated March 2008, is
designated potential wilderness and shall be managed by the Secretary
of the Interior insofar as practicable as wilderness until such time as
the land is designated as wilderness pursuant to subsection (b).
(b) Designation as Wilderness.--The land designated potential
wilderness by subsection (a) shall be designated as wilderness and
incorporated in, and be deemed to be a part of, the Joshua Tree
Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat.
2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary
of the Interior in the Federal Register of a notice that--
(1) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased; and
(2) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(c) Map and Description.--
(1) In general.--As soon as practicable after the date on
which the notice required by subsection (b) is published in the
Federal Register, the Secretary shall file a map and legal
description of the land designated as wilderness and potential
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Force of law.--The map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(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.
SEC. 104. ADMINISTRATION OF WILDERNESS.
(a) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this title
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(A) the date of the enactment of this Act; or
(B) in the case of the wilderness addition designated
by subsection (b) of section 513, the date on which the
notice required by such subsection is published in the
Federal Register; and
(2) any reference in that Act to the Secretary of Agriculture
shall be deemed to be a reference to the Secretary that has
jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundaries of a wilderness area or wilderness addition designated
by this title that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the Wilderness
Act (16 U.S.C. 1131 et seq.), and any other applicable law.
(c) Withdrawal.--Subject to valid rights in existence on the date of
enactment of this Act, the land designated as wilderness by this title
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.
(d) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this Act
as are necessary for the control and prevention of fire,
insects, and diseases (including the use of prescribed burning,
priority treatments, or fuels reduction) 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.
(2) Funding priorities.--The designation of wilderness areas
and wilderness additions by this title is not intended to alter
the priorities afforded the land so designated in allocating
funds for fire and related fuels management.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall amend the local fire
management plans that apply to the Santa Rosa Wilderness and
Agua Tibia Wilderness, and prepare local fire management plans
for the Beauty Mountain Wilderness, Cahuilla Mountain
Wilderness, and South Fork San Jacinto Wilderness Area, to
identify appropriate local officials to take such actions in
the wilderness areas as are necessary for fire prevention and
watershed protection consistent with paragraph (1), including
best management practices for fire pre-suppression and fire
suppression measures and techniques.
(4) State or local agencies.--Consistent with paragraph (1)
and other applicable Federal law, the Secretary may delegate by
written agreement primary fire fighting authority and related
public safety activities to an appropriate State or local
agency.
(e) Grazing.--Grazing of livestock in a wilderness area or wilderness
addition designated by this title shall be administered in accordance
with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)) and the guidelines set forth in House Report 96-617 to
accompany H.R. 5487 of the 96th Congress.
(f) Native American Uses and Interests.--
(1) Effect of designation.--Nothing in the designation of the
Cahuilla Mountain Wilderness by this title affects the unique
cultural artifacts and sacred sites of the Indian tribes that
are contained within that wilderness area, as identified by
Indian tribes and the Forest Service.
(2) Access and use.--To the extent practicable, the Secretary
shall ensure access to the Cahuilla Mountain Wilderness by
members of an Indian tribe for traditional cultural purposes.
In implementing this subsection, the Secretary, upon the
request of an Indian tribe, may temporarily close to the
general public use of one or more specific portions of the
wilderness area in order to protect the privacy of traditional
cultural activities in such areas by members of the Indian
tribe. Any such closure shall be made to affect the smallest
practicable area for the minimum period necessary for such
purposes. Such access shall be consistent with the purpose and
intent of Public Law 95-341 (42 U.S.C. 1996), commonly referred
to as the American Indian Religious Freedom Act, and the
Wilderness Act (11 U.S.C. 1131 et seq.).
(3) Indian tribe defined.--In this subsection, the term
``Indian tribe'' means any Indian tribe, band, nation, or other
organized group or community of Indians which is recognized as
eligible by the Secretary of the Interior for the special
programs and services provided by the United States to Indians
because of their status as Indians.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
CALIFORNIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following new paragraphs:
``(_) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 2.12-mile segment from the source of the North Fork
San Jacinto River at Deer Springs in Mt. San Jacinto State Park
to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary to
its confluence with Fuller Mill Creek, as a recreational river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing, as
a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 Road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south, range
2 east, San Bernardino meridian, as a wild river.
``(_) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork San
Jacinto River, as a scenic river.
``(_) Palm Canyon Creek, California.--The 8.1-mile segment of Palm
Canyon Creek in the State of California from the southern boundary of
section 6, township 7 south, range 5 east, San Bernardino meridian, to
the San Bernardino National Forest boundary in section 1, township 6
south, range 4 east, San Bernardino meridian, to be administered by the
Secretary of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua Caliente Band of
Cahuilla Indians to protect and enhance river values.
``(_) Bautista Creek, California.--The 9.8-mile segment of Bautista
Creek in the State of California from the San Bernardino National
Forest boundary in section 36, township 6 south, range 2 east, San
Bernardino meridian, to the San Bernardino National Forest boundary in
section 2, township 6 south, range 1 east, San Bernardino meridian, to
be administered by the Secretary of Agriculture as a recreational
river.''.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS
NATIONAL MONUMENT.
Section 2 of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by adding at the end the following new subsection:
``(e) Expansion of Boundaries.--In addition to the land described in
subsection (c), the boundaries of the National Monument shall include
the following lands identified as additions to the National Monument on
the map titled `Santa Rosa-San Jacinto National Monument Expansion and
Santa Rosa Wilderness Addition', and dated March 12, 2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.''.
SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT ACT OF 2000.
Section 7(d) of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by striking ``eight'' and inserting ``a majority
of the appointed''.
Purpose of the Bill
The purpose of H.R. 3682, as ordered reported, is to
designate certain Federal lands in Riverside County,
California, as wilderness, to designate certain river segments
in Riverside County as wild, scenic, or recreational rivers, to
adjust the boundary of the Santa Rosa and San Jacinto Mountains
National Monument, and for other purposes.
Background and Need for Legislation
H.R. 3682 designates 146,824 acres of wilderness and an
additional 43,300 acres of potential wilderness; and designates
31 miles of wild and scenic rivers in Riverside County,
California. The bill also adds nearly 8,400 acres to the Santa
Rosa-San Jacinto Mountains National Monument.
The bill designates four new wilderness areas on U.S.
Forest Service and Bureau of Land Management land and also adds
land to six existing wilderness areas. It also adds four new
areas to the national monument. Further, H.R. 3682 protects
stretches of Bautista Creek, the north fork of the San Jacinto
River and its tributary Fuller Creek, and Palm Canyon Creek.
Resources within the areas protected by the bill include
dramatic mountain vistas and vast desert landscapes, coastal
sage scrub and chaparral, ancient Joshua trees, the largest
ironwood ecosystem in the California desert, and one of the
most pristine watersheds in southwestern California. The
various units provide habitat for a wide variety of rare
species including arroyo toads, San Bernardino kangaroo rats,
southwestern willow fly-catchers and gray vireos, red
rattlesnakes, desert tortoises, and Mojave fringe-toed lizards
as well as the chuckwalla (an iguana-like lizard), and many
other creatures. Historic resources include petroglyphs, rock
rings and other traces of thousands of years of residence by
Native Americans.
Much of the region is prone to fire. H.R. 3682 reiterates
long-settled wilderness management law and practice making
clear that federal agencies may act as necessary to prevent and
control fire, disease and insects, including prescribed burning
and, where necessary, the use of mechanized equipment. The bill
would allow the agencies to use written agreements to delegate
primary fire fighting authority and related public safety
activities to state or local agencies.
Committee Action
H.R. 3682 was introduced on September 27, 2007, by
Representative Mary Bono Mack (R-CA). The bill was referred to
the Committee on Natural Resources, and within the Committee to
the Subcommittee on National Parks, Forests and Public Lands.
On November 13, 2007, the Subcommittee held a hearing on
the bill. At the hearing, a witness for the Interior Department
testified that the administration supported the bill's
provisions relating to the Bureau of Land Management and the
National Park Service and suggested several mapping and acreage
adjustments and clarifications. However, a witness for the U.S.
Forest Service objected to several boundaries and units which
do not match the current forest plans. The Forest Service also
objected to the phrasing of a provision relating to temporary
closures of one wilderness unit for traditional cultural and
religious purposes. However, the Forest Service did not oppose
the wild and scenic river designations, and supported the
expansion of the national monument.
On May 14, 2008, the Full Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged from further
consideration of H.R. 3682. Subcommittee Chairman Grijalva (D-
AZ) offered an amendment in the nature of a substitute making
numerous changes in the bill to reflect minor mapping changes
and better acreage estimates by the agencies, address
administration concerns about temporary closures of the
Cahuilla Mountains unit, revise language permitting the Forest
Service to enter into a cooperative management agreement with
the Agua Caliente Band of Cahuilla Indians to protect and
enhance river values, and make a technical change relating to
the local advisory group created in the legislation
establishing the national monument (P.L. 106-351). The
amendment also adjusted the provisions relating to fire
management to be consistent with past legislation and The
Wilderness Act.
The Grijalva substitute was adopted by voice vote. The
bill, as amended, was ordered favorably reported to the House
of Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title; table of contents
Section 1 provides that the bill may be cited as the
``California Desert and Mountain Heritage Act of 2008'' and
provides a table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary
Section 101 defines the term ``Secretary'' as the Secretary
of Agriculture with respect to lands under the jurisdiction of
the Secretary of Agriculture, and the Secretary of the Interior
with respect to lands under the jurisdiction of the Secretary
of the Interior.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National Park, and Bureau of Land
Management land in Riverside County, California
Section 102 designates the following wilderness areas and
additions to wilderness areas in Riverside County, California:
(a) Agua Tibia Wilderness Additions, 2,053 acres in the
Cleveland National Forest.
(b) Cahuilla Mountain Wilderness, 5,585 acres in the San
Bernardino National Forest.
(c) South Fork San Jacinto Wilderness, 20,217 acres in the
San Bernardino National Forest.
(d) Santa Rosa Wilderness Additions, 2,149 acres in the San
Bernardino National Forest and on certain public lands
administered by the Bureau of Land Management.
(e) Beauty Mountain Wilderness, 15,621 acres of public land
administered by the Bureau of Land Management.
(f) Joshua Tree National Park Wilderness Additions, 36,700
acres in Joshua Tree National Park.
(g) Orocopia Mountains Wilderness Additions, 4,635 acres of
public land administered by the Bureau of Land Management; with
language specifying that the map is intended to exclude a
corridor of 250 feet north of the centerline of the Bradshaw
Trail, and 250 feet on either side of two unnamed trails from
the boundary of the existing wilderness area south to Eagle
Mountain Railroad and to the Chocolate Mountain Aerial Gunnery
Range to accommodate existing off road vehicle use and
associated camping.
(h) Palen/McCoy Wilderness Additions, 22,645 acres of
public land administered by the Bureau of Land Management.
(i) Pinto Mountains Wilderness, 24,404 acres of public land
administered by the Bureau of Land Management.
(j) Chuckwalla Mountains Wilderness Additions, 12,815 acres
of public land administered by the Bureau of Land Management.
Section 102 also provides that the maps for each of the
wilderness areas or additions designated are intended to
exclude the rights of way for existing utility facilities, such
as power, gas, and telecommunications lines, and associated
structures and access roads, and existing designated utility
corridors. The language also clarifies that nothing in this
section or the Wilderness Act shall be construed to prohibit
construction, operation, and maintenance of existing utility
facilities located outside of the designated wilderness areas
and additions.
Sec. 103. Joshua Tree National Park potential wilderness
Section 103 provides that approximately 43,300 acres within
Joshua Tree National Park are designated as potential
wilderness, which shall be designated as wilderness and
incorporated into the existing Joshua Tree Wilderness effective
upon publication by the Secretary of the Interior in the
Federal Register of a notice that all uses of the land within
the potential wilderness prohibited by the Wilderness Act have
ceased; and that sufficient inholdings within the boundaries of
the potential wilderness have been acquired to establish a
manageable wilderness unit.
Sec. 104. Administration of wilderness
Section 104 provides that the lands designated as
wilderness or wilderness additions shall be administered
according to the Wilderness Act except that any reference to
the effective date of that Act shall be deemed to be a
reference to the date of the enactment of H.R. 3682, or in the
case of the Joshua Tree potential wilderness, the date on which
the notice described above is published in the Federal
Register. The section also stipulates that any reference in the
Wilderness Act to the Secretary of Agriculture shall be deemed
in H.R. 3682 to be a reference to the Secretary that has
jurisdiction over the land.
Section 104 also withdraws all land designated as
wilderness from entry, appropriation or disposal under public
land laws; location, entry or patent under the mining laws; or
disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials.
Section 104(d)(1) addresses the Secretaries' broad
authority to undertake management activities to address the
threats of fire, insect, and disease in the wilderness areas
designated. The Act states that ``such measures may be taken as
may be necessary in the control of fire, insects, and diseases,
subject to such conditions as the Secretary deems desirable''
(emphasis added).
As the Committee has stated repeatedly, the Wilderness Act
does permit the Forest Service and the Department of the
Interior to use measures necessary to control wildfires, or the
threat of wildfire, in wilderness areas. As H.R. 3682 expressly
states, that includes prescribed burning, priority treatments,
or fuels reduction. Neither section 4(d)(1) of the Wilderness
Act nor H.R. 3682 restricts federal agencies to the specified
activities only.
While the authority to use necessary measures is very
broad, the agencies are expected to exercise that authority, to
the maximum extent practicable, in a manner that is consistent
with maintaining the wilderness character of the area. This
instruction should not be construed as to conflict with the
plain authority in the Wilderness Act to undertake such
measures as may be necessary to control fire, insects and
disease, and to protect public health and safety, and protect
private property located immediately adjacent to those areas.
Additionally, the Committee directs that designation of
wilderness areas and wilderness additions by this title does
not alter the priorities afforded the land so designated in
allocating funds for fire and related fuels management.
Section 104(d)(3) directs the Forest Service to immediately
amend the appropriate local fire plans (or prepare local fire
plans for the new wilderness areas designated) to identify
appropriate local officials to undertake fire prevention and
watershed protection actions, consistent with paragraph (1) of
the section, including best management practices for fire pre-
suppression and fire suppression measures and techniques.
Section 104(d)(4) permits the Secretary to delegate primary
fire fighting authority and related public safety activities to
appropriate state or local authorities.
Section 104(e) contains standard language regarding the
administration of grazing in designated wilderness areas.
Section 104(f) directs the Secretary to ensure access to
the Cahuilla Mountain Wilderness by members of a recognized
Indian tribe for traditional cultural purposes, consistent with
the American Indian Religious Freedom Act and the Wilderness
Act.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Wild and scenic river designations, Riverside County,
California
Section 201 designates a total of 31.52 miles of wild,
scenic and recreational river segments, including six segments
of the North Fork of the San Jacinto River, three segments on
Fuller Mill Creek, a segment of Palm Canyon Creek that will be
managed through a cooperative management agreement with the
Agua Caliente Band of Cahuilla Indian, and a segment of
Bautista Creek.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains
National Monument
Section 301 expands the boundary of the Santa Rosa and San
Jacinto Mountains National Monument to include the area around
Santa Rosa Peak, the Snow Creek area, the area around Tahquitz
Peak, and various parcels along the southeastern boundary of
the national monument. The additions total 8,367 acres.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000
Section 302 amends the 2000 act to allow the ten-member
local advisory committee established in that law to operate
with a quorum constituting a majority of the members appointed,
rather than eight members as required in the original law.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate certain Federal lands in
Riverside County, California, as wilderness, to designate
certain river segments in Riverside County as wild, scenic, or
recreational rivers, to adjust the boundary of the Santa Rosa
and San Jacinto Mountains National Monument.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3682--California Desert and Mountain Heritage Act of 2008
H.R. 3682 would designate about 190,000 acres of land in
southern California as wilderness or potential wilderness. The
bill also would designate over 30 miles of rivers or creeks in
the area as wild, scenic, or recreational rivers under the Wild
and Scenic Rivers Act. Based on information provided by the
Forest Service and the Department of the Interior (DOI), CBO
estimates that enacting H.R. 3682 would have no significant
effect on the federal budget.
The acreage and waterways to be added to the National
Wilderness Preservation System and the Wild and Scenic River
System are currently administered by the Bureau of Land
Management, the National Park Service, or the Forest Service.
CBO estimates that no additional resources would be required to
manage the affected areas as a result of the new designations.
We expect that any costs to revise brochures, maps, and signs
to reflect the new designations would be minimal because most
such revisions would take place in conjunction with scheduled
reprinting and routine maintenance. Finally, we estimate that
enacting the bill would have no effect on Forest Service or DOI
receipts.
H.R. 3682 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 3682 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE WILD AND SCENIC RIVERS ACT
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(_) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of
California, to be administered by the Secretary of Agriculture:
(A) The 2.12-mile segment from the source of the
North Fork San Jacinto River at Deer Springs in Mt. San
Jacinto State Park to the State Park boundary, as a
wild river.
(B) The 1.66-mile segment from the Mt. San Jacinto
State Park boundary to the Lawler Park boundary in
section 26, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
(C) The 0.68-mile segment from the Lawler Park
boundary to its confluence with Fuller Mill Creek, as a
recreational river.
(D) The 2.15-mile segment from its confluence with
Fuller Mill Creek to .25 miles upstream of the 5S09
road crossing, as a wild river.
(E) The 0.6-mile segment from .25 miles upstream of
the 5S09 Road crossing to its confluence with Stone
Creek, as a scenic river.
(F) The 2.91-mile segment from the Stone Creek
confluence to the northern boundary of section 17,
township 5 south, range 2 east, San Bernardino
meridian, as a wild river.
(_) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be
administered by the Secretary of Agriculture:
(A) The 1.2-mile segment from the source of Fuller
Mill Creek in the San Jacinto Wilderness to the
Pinewood property boundary in section 13, township 4
south, range 2 east, San Bernardino meridian, as a
scenic river.
(B) The 0.9-mile segment in the Pine Wood property,
as a recreational river.
(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east,
San Bernardino meridian, to its confluence with the
North Fork San Jacinto River, as a scenic river.
(_) Palm Canyon Creek, California.--The 8.1-mile segment of
Palm Canyon Creek in the State of California from the southern
boundary of section 6, township 7 south, range 5 east, San
Bernardino meridian, to the San Bernardino National Forest
boundary in section 1, township 6 south, range 4 east, San
Bernardino meridian, to be administered by the Secretary of
Agriculture as a wild river, and the Secretary shall enter into
a cooperative management agreement with the Agua Caliente Band
of Cahuilla Indians to protect and enhance river values.
(_) Bautista Creek, California.--The 9.8-mile segment of
Bautista Creek in the State of California from the San
Bernardino National Forest boundary in section 36, township 6
south, range 2 east, San Bernardino meridian, to the San
Bernardino National Forest boundary in section 2, township 6
south, range 1 east, San Bernardino meridian, to be
administered by the Secretary of Agriculture as a recreational
river.
* * * * * * *
----------
SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000
* * * * * * *
SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL
MONUMENT, CALIFORNIA.
(a) * * *
* * * * * * *
(e) Expansion of Boundaries.--In addition to the land
described in subsection (c), the boundaries of the National
Monument shall include the following lands identified as
additions to the National Monument on the map titled ``Santa
Rosa-San Jacinto National Monument Expansion and Santa Rosa
Wilderness Addition'', and dated March 12, 2008:
(1) The ``Santa Rosa Peak Area Monument Expansion''.
(2) The ``Snow Creek Area Monument Expansion''.
(3) The ``Tahquitz Peak Area Monument Expansion''.
(4) The ``Southeast Area Monument Expansion'', which
is designated as wilderness in section 512(d), and is
thus incorporated into, and shall be deemed part of,
the Santa Rosa Wilderness.
* * * * * * *
SEC. 7. LOCAL ADVISORY COMMITTEE.
(a) * * *
* * * * * * *
(d) Quorum.--A quorum shall be [eight] a majority of the
appointed members of the advisory committee. The operations of
the advisory committee shall not be impaired by the fact that a
member has not yet been appointed as long as a quorum has been
attained.
* * * * * * *