[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.

           *       *       *       *       *       *       *


                                  
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