[Senate Report 115-421]
[From the U.S. Government Publishing Office]
Calendar No. 725
115th Congress } { Report
SENATE
2d Session } { 115-421
======================================================================
CALIFORNIA DESERT PROTECTION AND RECREATION ACT OF 2018
_______
December 6, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 32]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 32) to provide for conservation, enhanced
recreation opportunities, and development of renewable energy
in the California Desert Conservation Area, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
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 Act may be cited as the ``California Desert
Protection and Recreation Act of 2018''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT CONSERVATION
AREA
Sec. 101. California desert conservation and recreation.
TITLE II--DESIGNATION OF SPECIAL MANAGEMENT AREA
Sec. 201. Vinagre Wash Special Management Area.
TITLE III--NATIONAL PARK SYSTEM ADDITIONS
Sec. 301. Death Valley National Park Boundary revision.
Sec. 302. Mojave National Preserve.
Sec. 303. Joshua Tree National Park.
TITLE IV--OFF-HIGHWAY VEHICLE RECREATION AREAS
Sec. 401. Off-highway vehicle recreation areas.
TITLE V--MISCELLANEOUS
Sec. 501. Transfer of land to Anza-Borrego Desert State Park.
Sec. 502. Wildlife corridors.
Sec. 503. Prohibited uses of acquired, donated, and conservation land.
Sec. 504. Tribal uses and interests.
Sec. 505. Release of Federal reversionary land interests.
Sec. 506. California State school land.
Sec. 507. Designation of wild and scenic rivers.
Sec. 508. Conforming amendments.
Sec. 509. Juniper Flats.
Sec. 510. Conforming amendments to California Military Lands Withdrawal
and Overflights Act of 1994.
Sec. 511. Desert tortoise conservation center.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation Area.--The term ``Conservation Area'' means
the California Desert Conservation Area.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
public land administered by the Bureau of Land
Management; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(3) State.--The term ``State'' means the State of California.
TITLE I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT
CONSERVATION AREA
SEC. 101. CALIFORNIA DESERT CONSERVATION AND RECREATION.
(a) Designation of Wilderness Areas to Be Administered by the
Bureau of Land Management.--Section 102 of the California Desert
Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108
Stat. 4472) is amended by adding at the end the following:
``(70) Avawatz mountains wilderness.--Certain land in the
California Desert Conservation Area administered by the
Director of the Bureau of Land Management, comprising
approximately 87,700 acres, as generally depicted on the map
entitled `Avawatz Mountains Proposed Wilderness'' and dated
September 9, 2014, to be known as the `Avawatz Mountains
Wilderness'.
``(71) Great falls basin wilderness.--Certain land in the
California Desert 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
October 26, 2009, to be known as the `Great Falls Basin
Wilderness'.
``(72) Soda mountains wilderness.--Certain land in the
California Desert 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 September 12, 2014, to be known as the
`Soda Mountains Wilderness'.''.
(b) Additions to Existing Wilderness Areas Administered by the
Bureau of Land Management.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the
State is designated as wilderness and as components of the National
Wilderness Preservation System:
(1) 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 February 20, 2016, which shall
be added to and administered as part of the ``Golden Valley
Wilderness''.
(2) Kingston Range Wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 53,320 acres, as
generally depicted on the map entitled ``Kingston Range
Proposed Wilderness Additions'' and dated July 15, 2009, which
shall be added to and administered as part of the ``Kingston
Range Wilderness''.
(c) Designation of Wilderness Areas To Be Administered by the
National Park Service.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.) the following land in Death
Valley National Park is designated as wilderness and as a component of
the National Wilderness Preservation System, which shall be added to,
and administered as part of the Death Valley National Park Wilderness
established by section 601(a)(1) of the California Desert Protection
Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496):
(1) Death valley national park wilderness additions-north
eureka valley.--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.
(2) Death valley national park wilderness additions-IBEX.--
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.
(3) Death valley national park wilderness additions-panamint
valley.--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.
(4) Death valley national park wilderness additions-warm
springs.--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.
(5) Death valley national park wilderness additions-axe
head.--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.
(6) Death valley national park wilderness additions-bowling
alley.--Approximately 32,520 acres, as generally depicted on
the map entitled ``Death Valley National Park Proposed
Wilderness Area-Bowling Alley'', numbered 143/100,086C, and
dated October 7, 2014.
(d) Additions to Existing Wilderness Area Administered by the
Forest Service.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the land described in
paragraph (2)--
(A) is designated as wilderness and as a component of
the National Wilderness Preservation System; and
(B) shall be added to and administered as part of the
San Gorgonio Wilderness established by the Wilderness
Act (16 U.S.C. 1131 et seq.).
(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 ``Proposed Sand to Snow National Monument''
and dated August 29, 2014.
(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 Act, 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 Act, 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 the wilderness area.
(e) Effect on Utility Facilities and Rights-of-way.--
(1) In General.--Subject to paragraph (2), nothing in this
section or an amendment made by this section 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.
(2) Limitation.--The activities described in paragraph (1)
shall be conducted in a manner that minimizes the impact of the
activities resources of the San Gorgonio Wilderness Area or the
Sand to Snow National Monument.
(3) 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.
(f) Release of Wilderness Study Areas.--
(1) 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 paragraph (2) that is not designated as a wilderness area or
a wilderness addition by this Act (including an amendment made
by this Act) or any other Act enacted before the date of
enactment of this Act has been adequately studied for
wilderness designation.
(2) Description of study areas.--The study areas referred to
in subsection (a) are--
(A) the Cady Mountains Wilderness Study Area; and
(B) the Soda Mountains Wilderness Study Area.
(3) Release.--Any portion of a wilderness study area
described in paragraph (2) that is not designated as a
wilderness area or a wilderness addition by this Act (including
an amendment made by this Act) or any other Act enacted before
the date of enactment of this Act is no longer subject to
section 603(c) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782(c)).
TITLE II--DESIGNATION OF SPECIAL MANAGEMENT AREA
SEC. 201. VINAGRE WASH SPECIAL MANAGEMENT AREA.
Title I of the California Desert Protection Act of 1994 (16 U.S.C.
1132 note; Public Law 103-433; 108 Stat. 4472) is amended by adding at
the end the following:
``SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA.
``(a) Definitions.--In this section:
``(1) Management area.--The term `Management Area' means the
Vinagre Wash Special Management Area established by subsection
(b).
``(2) Map.--The term `map' means the map entitled `Vinagre
Wash Proposed Special Management Area' and dated November 10,
2009.
``(3) Public land.--The term `public land' has the meaning
given the term `public lands' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
``(4) State.--The term `State' means the State of California.
``(b) Establishment.--There is established the Vinagre Wash Special
Management Area in the State, to be managed by the Secretary.
``(c) Purpose.--The purpose of the Management Area is to conserve,
protect, and enhance--
``(1) the plant and wildlife values of the Management Area;
and
``(2) the outstanding and nationally significant ecological,
geological, scenic, recreational, archaeological, cultural,
historic, and other resources of the Management Area.
``(d) Boundaries.--The Management Area shall consist of the public
land in Imperial County, California, comprising approximately 81,880
acres, as generally depicted on the map.
``(e) Map; Legal Description.--
``(1) In general.--As soon as practicable, but not later than
3 years, after the date of enactment of this section, the
Secretary shall submit a map and legal description of the
Management Area to--
``(A) the Committee on Natural Resources of the House
of Representatives; and
``(B) the Committee on Energy and Natural Resources
of the Senate.
``(2) Effect.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary may correct
any errors in the map and legal description.
``(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
``(A) the Office of the Director of the Bureau of
Land Management; and
``(B) the appropriate office of the Bureau of Land
Management in the State.
``(f) Management.--
``(1) In general.--The Secretary shall manage the Management
Area--
``(A) in a manner that conserves, protects, and
enhances the purposes for which the Management Area is
established; and
``(B) in accordance with--
``(i) this section;
``(ii) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
``(iii) other applicable laws.
``(2) Uses.--The Secretary shall allow only those uses that
are consistent with the purposes of the Management Area,
including hiking, camping, hunting, and sightseeing and the use
of motorized vehicles, mountain bikes, and horses on designated
routes in the Management Area in a manner that
``(A) is consistent with the purpose of the
Management Area described in subsection (c);
``(B) ensures public health and safety; and
``(C) is consistent with all applicable laws
(including regulations), including the Desert Renewable
Energy Conservation Plan.
``(3) Off-highway vehicle use.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and all other applicable laws, the use of off-
highway vehicles shall be permitted on routes in the
Management Area as generally depicted on the map.
``(B) Closure.--The Secretary may close or
permanently reroute a portion of a route described in
subparagraph (A)--
``(i) to prevent, or allow for restoration
of, resource damage;
``(ii) to protect Tribal cultural resources,
including the resources identified in the
Tribal cultural resources management plan
developed under section 705(d);
``(iii) to address public safety concerns; or
``(iv) as otherwise required by law.
``(C) Designation of additional routes.--During the
3-year period beginning on the date of enactment of
this section, the Secretary--
``(i) shall accept petitions from the public
regarding additional routes for off-highway
vehicles; and
``(ii) may designate additional routes that
the Secretary determines--
``(I) would provide significant or
unique recreational opportunities; and
``(II) are consistent with the
purposes of the Management Area.
``(4) Withdrawal.--Subject to valid existing rights, all
Federal land within the Management Area is withdrawn from--
``(A) all forms of entry, appropriation, or disposal
under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) right-of-way, leasing, or disposition under all
laws relating to--
``(i) minerals and mineral materials; or
``(ii) solar, wind, and geothermal energy.
``(5) No buffers.--The establishment of the Management Area
shall not--
``(A) create a protective perimeter or buffer zone
around the Management Area; or
``(B) preclude uses or activities outside the
Management Area that are permitted under other
applicable laws, even if the uses or activities are
prohibited within the Management Area.
``(6) Notice of available routes.--The Secretary shall ensure
that visitors to the Management Area have access to adequate
notice relating to the availability of designated routes in the
Management Area through--
``(A) the placement of appropriate signage along the
designated routes;
``(B) the distribution of maps, safety education
materials, and other information that the Secretary
determines to be appropriate; and
``(C) restoration of areas that are not designated as
open routes, including vertical mulching.
``(7) Stewardship.--The Secretary, in consultation with
Indian Tribes and other interests, shall develop a program to
provide opportunities for monitoring and stewardship of the
Management Area to minimize environmental impacts and prevent
resource damage from recreational use, including volunteer
assistance with--
``(A) route signage;
``(B) restoration of closed routes;
``(C) protection of Management Area resources; and
``(D) recreation education.
``(8) Protection of tribal cultural resources.--Not later
than 2 years after the date of enactment of this section, the
Secretary, in accordance with chapter 2003 of title 54, United
States Code, and any other applicable law, shall--
``(A) prepare and complete a Tribal cultural
resources survey of the Management Area; and
``(B) consult with the Quechan Indian Nation and
other Indian tribes demonstrating ancestral, cultural,
or other ties to the resources within the Management
Area on the development and implementation of the
Tribal cultural resources survey under subparagraph
(A).''.
TITLE III--NATIONAL PARK SYSTEM ADDITIONS
SEC. 301. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.
(a) In General.--The boundary of Death Valley National Park is
adjusted to include--
(1) the approximately 33,000 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 143/100,080C, and dated October 7, 2014; 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 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, develop a memorandum of understanding with Inyo
County, California, permitting ongoing access and use to
existing gravel pits along Saline Valley Road within Death
Valley National Park for road maintenance and repairs in
accordance with applicable laws (including regulations).
(d) Mormon Peak Microwave Facility.--Title VI of the California
Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433;
108 Stat. 4496) is amended by adding at the end the following:
``SEC. 604. MORMON PEAK MICROWAVE FACILITY.
``The designation of the Death Valley National Park Wilderness by
section 601(a)(1) shall not preclude the operation and maintenance of
the Mormon Peak Microwave Facility.''.
SEC. 302. 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. 303. JOSHUA TREE NATIONAL PARK.
(a) Boundary Adjustment.--The boundary of the Joshua Tree National
Park is adjusted to include--
(1) the approximately 2,879 acres of land managed by 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 approximately 1,639 acres of land 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 section 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 section
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 Act 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.
(e) 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 the 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.''.
TITLE IV--OFF-HIGHWAY VEHICLE RECREATION AREAS
SEC. 401. OFF-HIGHWAY VEHICLE RECREATION AREAS.
Public Law 103-433 is amended by inserting after title XII (16
U.S.C. 410bbb et seq.) the following:
``TITLE XIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
``SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS.
``(a) In General.--
``(1) 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:
``(A) 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 Proposed OHV Recreation Area' and dated
February 22, 2018, which shall be known as the `Dumont
Dunes Off-Highway Vehicle Recreation Area'.
``(B) 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'.
``(C) 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 February 22,
2018, which shall be known as the `Rasor Off-Highway
Vehicle Recreation Area'.
``(D) 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
February 22, 2018, which shall be known as the
`Spangler Off-Highway Vehicle Recreation Area'.
``(E) 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 February 22, 2018, which shall be known as the
`Stoddard Valley Off-Highway Vehicle Recreation Area'.
``(2) 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
approximately 11,300 acres, as generally depicted on the map
entitled `Proposed Johnson Valley Off-Highway Vehicle
Recreation Area Additions'' and dated March 15, 2018.
``(b) Purpose.--The purpose of the off-highway vehicle recreation
areas designated or expanded under subsection (a) 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.
``(c) 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 subsection (a) 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.
``(d) 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 subsection (a), including off-highway
recreation, hiking, camping, hunting, mountain biking,
sightseeing, rockhounding, and horseback riding, as
long as the recreational use is consistent with this
section 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 subsection
(a) 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 or
expanded by subsection (a) in accordance with--
``(A) applicable Bureau of Land Management
guidelines; and
``(B) State law.
``(3) Prohibited uses.--
``(A) In general.--Except as provided in subparagraph
(B), 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 subsection (a) if the Secretary determines
that the development is incompatible with the purpose
described in subsection (b).
``(B) Exception.--The Secretary may issue a temporary
permit to a commercial vendor to provide accessories
and other support for off-highway vehicle use in an
off-highway vehicle recreation area designated or
expanded by subsection (a) for a limited period and
consistent with the purposes of the off-highway vehicle
recreation area and applicable laws.
``(e) Administration.--
``(1) In general.--The Secretary shall administer the off-
highway vehicle recreation areas designated or expanded by
subsection (a) 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 shall--
``(i) amend existing resource management
plans applicable to the off-highway vehicle
recreation areas designated or expanded by
subsection (a); or
``(ii) develop new management plans for each
off-highway vehicle recreation area designated
or expanded 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
(b); and
``(ii) any applicable laws (including
regulations).
``(C) Interim plans.--Pending completion of a new
management plan under subparagraph (A), the existing
resource management plans shall govern the use of the
applicable off-highway vehicle recreation area.
``(f) Withdrawal.--Subject to valid existing rights, all Federal
land within the off-highway vehicle recreation areas designated or
expanded by subsection (a) is 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, or disposition under all laws
relating to mineral leasing, geothermal leasing, or mineral
materials.
``(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 California Desert Conservation Area
that is suitable for addition to the off-highway vehicle
recreation areas designated or expanded by subsection (a).
``(2) Study areas.--The study required under paragraph (1)
shall include--
``(A) certain Bureau of Land Management land in the
California Desert Conservation Area, comprising
approximately 41,000 acres, as generally depicted on
the map entitled `Spangler Hills Proposed Expansion
Study Area' and dated March 9, 2018;
``(B) certain Bureau of Land Management land in the
California Desert Conservation Area, comprising
approximately 680 acres, as generally depicted on the
map entitled `El Mirage Proposed Expansion Study Area'
and dated February 22, 2018; and
``(C) certain Bureau of Land Management land in the
California Desert Conservation Area, comprising
approximately 10,130 acres, as generally depicted on
the map entitled `Johnson Valley Proposed Expansion
Study 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) identify and exclude from consideration any
land that--
``(i) is managed for conservation purposes;
``(ii) may be suitable for renewable energy
development; or
``(iii) may be necessary for energy
transmission; and
``(C) not recommend or approve expansion of off-
highway recreation areas within the California Desert
Conservation Area that collectively would exceed the
total acres administratively designated for off-highway
recreation within the California Desert 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 or expanded by subsection
(a) on the California Desert 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 (including
regulations), plan, and the Desert Renewable Energy
Conservation Plan.
``(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.
``(h) Southern California Edison Company Utility Facilities and
Right-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 National Off-
Highway Vehicle Recreation Area; or
``(iii) the Stoddard Valley National Off
Highway Vehicle Recreation Area;
``(B) affects the application, siting, route
selection, right-of-way acquisition, or construction of
the Coolwate-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) `Gal-PS 512 transmission lines
or right-of-way'; or
``(II) `Patio, Jack Ranch, and
Kenworth distribution circuits or
right-of-way'; or
``(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 right-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 National Off-
Highway Vehicle Recreation Area; or
``(iii) the Stoddard Valley National Off-
Highway Vehicle Recreation Area.
``(i) Pacific Gas and Electric Company Utility Facilities and
Right-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 National 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
right-of-way'; or
``(II) `Gas Transmission Line 372 or
right-of-way'; or
``(ii) utility facilities of the Pacific Gas
and Electric Company in right-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 National 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 right-of-way of
the Pacific Gas and Electric Company.
``TITLE XIV--ALABAMA HILLS SCENIC AREA
``SEC. 1401. DEFINITIONS.
``In this title:
``(1) Management plan.--The term `management plan' means the
management plan for the Scenic Area developed under section
1403(a).
``(2) Map.--The term `Map' means the map entitled `Proposed
Alabama Hills National Scenic Area' and dated September 8,
2014.
``(3) Motorized vehicle.--The term `motorized vehicle' means
a motorized or mechanized vehicle and includes, when used by a
utility, mechanized equipment, a helicopter, and any other
aerial device necessary to maintain electrical or
communications infrastructure.
``(4) Scenic area.--The term `Scenic Area' means the Alabama
Hills Scenic Area established by section 1402(a).
``(5) State.--The term `State' means the State of California.
``(6) Tribe.--The term `Tribe' means the Lone Pine Paiut-
Shoshone Tribe.
``SEC. 1402. ALABAMA HILLS SCENIC AREA, CALIFORNIA.
``(a) Establishment.--Subject to valid existing rights, there is
established in Inyo County, California, the Alabama Hills Scenic Area,
to be comprised of the approximately 18,610 acres generally depicted on
the Map as `National Scenic Area'.
``(b) Purpose.--The purpose of the 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 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 Descriptions.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall file a map and a
legal description of the 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 title, 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 the Bureau of Land Management.
``(d) Administration.--The Secretary shall manage the Scenic Area--
``(1) as a component of the National Landscape Conservation
System;
``(2) so as not to impact the future continuing operation 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 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 title; and
``(C) any other applicable laws.
``(e) Management.--
``(1) In general.--The Secretary shall allow only such uses
of the Scenic Area as the Secretary determines would further
the purposes of the Scenic Area as described in subsection (b).
``(2) Recreational activities.--Except as otherwise provided
in this title 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 Scenic
Area to continue, including hiking, mountain biking, rock
climbing, sightseeing, horseback riding, hunting, fishing, and
appropriate authorized motorized vehicle use in accordance with
paragraph (3).
``(3) Motorized vehicles.--Except as otherwise specified in
this title, or as necessary for administrative purposes or to
respond to an emergency, the use of motorized vehicles in the
Scenic Area shall be permitted only on--
``(A) roads and trails designated by the Secretary
for use of motorized vehicles as part of a management
plan sustaining a semiprimitive motorized experience;
or
``(B) county-maintained roads in accordance with
applicable State and county laws.
``(f) No Buffer Zones.--
``(1) In general.--Nothing in this title creates a protective
perimeter or buffer zone around the Scenic Area.
``(2) Activities outside scenic area.--The fact that an
activity or use on land outside the Scenic Area can be seen or
heard within the Scenic Area shall not preclude the activity or
use outside the boundaries of the Scenic Area.
``(g) Access.--The Secretary shall provide private landowners
adequate access to inholdings in the Scenic Area.
``(h) Filming.--Nothing in this title prohibits filming (including
commercial film production, student filming, and still photography)
within the 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 title affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
``(j) Livestock.--The grazing of livestock in the Scenic Area,
including grazing under the Alabama Hills allotment and the George
Creek allotment, as established before the date of enactment of this
title, 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) Withdrawal.--Subject to the provisions of this title and
valid rights in existence on the date of enactment of this title,
including rights established by prior withdrawals, the Federal land
within the 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.
``(l) Wildland Fire Operations.--Nothing in this title prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the Scenic Area, consistent with the purposes described in subsection
(b).
``(m) Cooperative Agreements.--The Secretary may 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 Scenic Area.
``(n) Utility Facilities and Rights-of-way.--
``(1) Effect of title.--Nothing in this title--
``(A) affects the existence, use, operation,
maintenance (including vegetation control), repair,
construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition,
relocation, improvement, funding, removal, or
replacement of any utility facility or appurtenant
right-of-way within or adjacent to the Scenic Area;
``(B) subject to subsection (e), affects necessary or
efficient access to utility facilities or rights-of-way
within or adjacent to the Scenic Area; and
``(C) precludes the Secretary from authorizing the
establishment of new utility facility rights-of-way
(including instream sites, routes, and areas) within
the Scenic Area in a manner that minimizes harm to the
purpose of the Scenic Area as described in subsection
(b)--
``(i) in accordance 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) that 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 Scenic
Area.
``(2) Management plan.--Consistent with this title, the
Management Plan shall establish plans for maintenance of public
utility and other rights-of-way within the Scenic Area.
``SEC. 1403. MANAGEMENT PLAN.
``(a) In General.--Not later than 3 years after the date of
enactment of this title, in accordance with subsections (b) and (c),
the Secretary shall develop a comprehensive plan for the long-term
management of the Scenic Area.
``(b) Consultation.--In developing the management plan, the
Secretary shall consult with--
``(1) appropriate State, Tribal, and local governmental
entities, including Inyo County, the Los Angeles Department of
Water and Power, and the Tribe;
``(2) utilities, including Southern California Edison
Company;
``(3) the Alabama Hills Stewardship Group; and
``(4) members of the public.
``(c) Requirement.--In accordance with this title, the management
plan shall establish plans for maintenance of public utility and other
rights-of-way within the Scenic Area.
``(d) Incorporation.--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 Scenic Area in accordance with
section 1402(b).
``SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
``(a) Trust Land.--As soon as practicable after the date of
enactment of this title, the Secretary shall take the approximately 132
acres of Federal land depicted on the Map as `Lone Pine Paiute-Shoshone
Reservation Addition' into trust for the benefit of the Tribe, subject
to the conditions that--
``(1) the land shall be subject to all easements, covenants,
conditions, restrictions, withdrawals, and other matters of
record in existence on the date of enactment of this title; and
``(2) the Federal land 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 (34 Stat. 801, chapter
3926), shall not be taken into trust for the Tribe.
``(b) Reservation Land.--The land taken into trust pursuant to
subsection (a) shall be considered to be a part of the reservation of
the Tribe.
``(c) Gaming Prohibition.--Land taken into trust under subsection
(a) shall not be eligible, or considered to have been taken into trust,
for gaming (within the meaning of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.)).
``SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION.
``Administrative jurisdiction over the approximately 40 acres of
Federal land depicted on the Map as `USFS Transfer to BLM' is
transferred from the Forest Service to the Bureau of Land Management.
``SEC. 1406. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.
``(a) Effect of Title.--Nothing in this title limits the provision
of any commercial service for existing or historic recreation use, as
authorized by the permit process of the Bureau of Land Management.
``(b) Guided Recreational Opportunities.--Any valid existing
commercial permit to exercise guided recreational opportunities for the
public may continue as authorized on the day before the date of
enactment of this title.''.
TITLE V--MISCELLANEOUS
SEC. 501. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK.
Title VII of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-71 et seq.) is amended by adding at the end the
following:
``SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK.
``(a) In General.--On termination of all mining claims to the land
described in subsection (b), the Secretary shall transfer the land
described in that subsection to the State of California.
``(b) Description of Land.--The land referred to in subsection (a)
is certain Bureau of Land Management land in San Diego County,
California, comprising approximately 934 acres, as generally depicted
on the map entitled `Table Mountain Wilderness Study Area Proposed
Transfer to the State' and dated July 15, 2009.
``(c) Management.--
``(1) In general.--The land transferred under subsection (a)
shall be managed in accordance with the provisions of the
California Wilderness Act (California Public Resources Code
sections 5093.30-5093.40).
``(2) Withdrawal.--Subject to valid existing rights, the land
transferred under subsection (a) is withdrawn from--
``(A) all forms of entry, appropriation, or disposal
under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to mineral
and geothermal leasing.
``(3) Reversion.--If the State ceases to manage the land
transferred under subsection (a) as part of the State Park
System or in a manner inconsistent with the California
Wilderness Act (California Public Resources Code sections
5093.30-5093.40), the land shall revert to the Secretary at the
discretion of the Secretary, to be managed as a Wilderness
Study Area.''.
SEC. 502. WILDLIFE CORRIDORS.
Title VII of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-71 et seq.) (as amended by section 501) is amended by
adding at the end the following:
``SEC. 713. WILDLIFE CORRIDORS.
``(a) In General.--The Secretary shall--
``(1) assess the impacts of habitat fragmentation on wildlife
in the California Desert 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 section, the
Secretary shall complete a study regarding the impact of
habitat fragmentation on wildlife in the California Desert
Conservation Area.
``(2) Components.--The study under paragraph (1) shall--
``(A) identify the species migrating, or likely to
migrate in the California Desert Conservation Area;
``(B) examine the impacts and potential impacts of
habitat fragmentation on--
``(i) plants, insects, and animals;
``(ii) soil;
``(iii) air quality;
``(iv) water quality and quantity; and
``(v) 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
California Desert 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 California Desert
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 California Desert
Conservation Area the findings and recommendations of the study
completed under subsection (b).''.
SEC. 503. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND.
Title VII of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-71 et seq.) (as amended by section 502) is amended by
adding at the end the following:
``SEC. 714. 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 the
land and water conservation fund established under section
200302 of title 54, United States Code.
``(2) Conservation area.--The term `Conservation Area' means
the California Desert Conservation Area.
``(3) Conservation land.--The term `conservation land' means
any land within the Conservation Area that is designated 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)).
``(4) Donated land.--The term `donated land' means any
private land donated to the United States for conservation
purposes in the Conservation Area.
``(5) Donor.--The term `donor' means an individual or entity
that donates private land within the Conservation Area to the
United States.
``(6) Secretary.--The term `Secretary' means the Secretary,
acting through the Director of the Bureau of Land Management.
``(7) State.--The term `State' means the State of California.
``(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.), 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 section.
``(e) Deed Restrictions.--Effective beginning on the date of
enactment of this section, 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.''.
SEC. 504. TRIBAL USES AND INTERESTS.
Section 705 of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-75) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking subsection (a) and inserting the following:
``(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.''; and
(3) by adding at the end the following:
``(d) Tribal Cultural Resources Management Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of the California Desert Protection and Recreation
Act of 2018, the Secretary shall develop and implement a Tribal
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 Tribal 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 Advisory Council on Historic Preservation.
``(3) Resource protection.--The Tribal cultural resources
management plan developed under paragraph (1) shall--
``(A) be based on a completed Tribal 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.).
``(e) 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. 505. RELEASE OF FEDERAL REVERSIONARY LAND INTERESTS.
(a) Definitions.--In this section:
(1) 1932 act.--The term ``1932 Act'' means the Act of June
18, 1932 (47 Stat. 324, chapter 270).
(2) District.--The term ``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. 506. 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''; and
(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
further appropriation, to acquire State school lands or
interest in the land consistent with this section.''.
SEC. 507. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Amargosa River, California.--Section 3(a)(196)(A) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as
follows:
``(A) 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.''.
(b) Additional Segments.--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:
``(214) 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:
``(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 N., R. 44 E., 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.
``(215) 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., 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., 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.
``(216) 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., 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., to the section line between sections
33 and 34, T. 1 S., R. 2 E., 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., 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., as a recreational
river.''.
SEC. 508. 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 and XIV''.
(b) Definitions.--The California Desert Protection Act of 1994
(Public Law 103-433; 108 Stat. 4471) is amended by inserting after
section 2 the following:
``SEC. 3. DEFINITIONS.
``(a) Titles I Through IX.--In titles I through IX, the term `this
Act' means only--
``(1) sections 1 and 2; and
``(2) titles I through IX.
``(b) Titles XIII and XIV.--In titles XIII and XIV:
``(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.''.
SEC. 509. JUNIPER FLATS.
The California Desert Protection Act of 1994 is amended by striking
section 711 (16 U.S.C. 410aaa-81) and inserting the following:
``SEC. 711. 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 Withdrawn from Energy Development and Power Generation' on the map
entitled `Juniper Flats' and dated September 21, 2015.''.
SEC. 510. CONFORMING AMENDMENTS TO CALIFORNIA MILITARY LANDS WITHDRAWAL
AND OVERFLIGHTS ACT OF 1994.
(a) 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, off-highway vehicle recreation areas, scenic areas,'' before
``and wilderness areas''.
(b) Overflights; Special Airspace.--Section 802 of the California
Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C.
410aaa-82) is amended--
(1) in subsection (a), by inserting ``, scenic areas, off-
highway vehicle recreation areas, or special management areas''
before ``designated by this Act'';
(2) in subsection (b), by inserting ``, scenic areas, off-
highway vehicle recreation areas, or special management areas''
before ``designated by this Act''; and
(3) 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.''.
SEC. 511. DESERT TORTOISE CONSERVATION CENTER.
(a) In General.--The Secretary shall establish, operate, and
maintain a trans-State desert tortoise conservation center (referred to
in this section as the ``Center'') on public land along the California-
Nevada border--
(1) to support desert tortoise research, disease monitoring,
handling training, rehabilitation, and reintroduction;
(2) to provide temporary quarters for animals collected from
authorized salvage from renewable energy sites; and
(3) to ensure the full recovery and ongoing survival of the
species.
(b) Center.--In carrying out this section, the Secretary shall--
(1) seek the participation of or contract with qualified
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;
(2) ensure that the Center engages in public outreach and
education on tortoise handling; and
(3) consult with the State and the State of Nevada to ensure
that the Center is operated consistent with State law.
(c) Non-Federal Contributions.--The Secretary may accept and expend
contributions of non-Federal funds to establish, operate, and maintain
the Center.
Purpose
The purpose of S. 32 is to provide for conservation,
enhanced recreation opportunities, and development of renewable
energy in the California Desert Conservation Area (CDCA).
Background and Need
The California desert has been the subject of conservation
efforts for nearly 40 years. S. 32 amends the California Desert
Protection Act of 1994 (CDPA, Public Law 103-433) to provide a
comprehensive approach to the future management of Federal
lands within the CDCA. The CDCA contains over 25 million acres
of land and includes 16 million acres of federal lands
administered by the Department of the Interior (DOI) and the
Forest Service.
S. 32 seeks to balance the many uses of California's desert
resources, including hiking, mountain biking, off-highway
vehicle use, grazing, and military training, with land use
protection. A diverse group of stakeholders collaborated in the
development of the legislation, including environmental groups,
State and local governments, off-highway recreationists,
ranchers, mining interests, wind and solar energy companies,
public utility companies, Tribes, and the Department of
Defense.
S. 32 designates 328,867 acres of new wilderness and
additions to existing wilderness areas; establishes the Vinagre
Wash Special Management Area (SMA, 81,880 acres of land);
adjusts the boundaries of Death Valley National Park, Mojave
National Preserve, and Joshua Tree National Park to
cumulatively add an additional 43,917 acres of land to the
parks; designates the Alabama Hills Scenic Area (18,610 acres
of land) in Inyo County; designates five off-highway vehicle
(OHV) recreation areas (142,720 acres of land); expands the
Johnson Valley OHV Recreation Area (11,300 acres of land); and
designates 17 new segments (76 miles of waterways) as
components of the National Wild and Scenic Rivers System.
Legislative History
S. 32 was introduced by Senator Feinstein on January 5,
2017. The Subcommittee on Public Lands, Forests, and Mining,
held a hearing on the bill on July 26, 2017.
Representative Cook introduced companion legislation, H.R.
857, in the House of Representatives on February 3, 2017. The
Natural Resources Committee's Subcommittee on Federal Lands
held a hearing on H.R. 857 on February 6, 2018. The Natural
Resources Committee ordered H.R. 857 reported, as amended, on
May 16, 2018. H.R. 857 was considered under suspension of the
rules and passed the House of Representatives by voice vote on
June 25, 2018.
In the 114th Congress, Senator Feinstein introduced a
similar bill, S. 414, on February 9, 2015. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on S. 414 (S.
Hrg. 114-490) on October 8, 2015.
Representative Cook introduced companion legislation, H.R.
3668, in the House of Representatives on October 1, 2015. The
Natural Resources Committee's Subcommittee on Federal Lands
held a hearing on H.R. 3668 on December 9, 2015.
Representative Vargas introduced similar legislation, H.R.
4060, in the House of Representatives on November 18, 2015.
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 32 and
H.R. 857 favorably reported, as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
32, if amended as described here in. Senators Barrasso, Risch,
and Lee asked to be recorded as voting no.
Committee Amendment
During its consideration of S. 32, the Committee adopted an
amendment in the nature of a substitute. The substitute
amendment adds a new section 2 to define key terms. The
substitute amendment also releases only the Cady Mountains and
Kingston Range Wilderness Study Areas (WSA); it does not
release the Avawatz Mountain, Death Valley National Park
Boundary and Wilderness 17, Great Falls Basin, or Soda Mountain
WSAs. The substitute amendment further strikes section 1304,
which addressed cherry-stemmed roads.
The substitute amendment also provides for a new title II,
which addresses the designation of the Vinagre Wash SMA;
clarifies the management and permitted uses of the SMA; strikes
the provision directing the Secretary of the Interior
(Secretary) to manage the Indian Pass, Milpitas Wash, Buzzards
Peak, and Palo Verde regions as potential wilderness; removes
the authorization for the Secretary of the Navy to use the SMA
for training purposes; and strikes the designation of 10,860
acres of the Indian Pass region and 17,250 acres of the
Milpitas Wash region as wilderness.
The substitute amendment provides for a new title III,
which addresses additions to the National Park System. The new
title III adjusts the boundary of Death Valley National Park to
add approximately 39,369 acres of Bureau of Land Management
(BLM) land to the Park, some of which is currently being
administered by the National Park Service (NPS); and makes
clear that the Morman Peak Microwave Facility can continue
operations.
The substitute amendment also provides for a new title IV,
which addresses OHV recreation areas. The new title IV changes
the designation from the ``OHV National Recreation Area,'' to
the ``OHV Recreation Area;'' expands the Johnson Valley OHV
Recreation Area to include 11,300 acres of land; clarifies that
the Secretary can issue a temporary permit for commercial
vendors in certain circumstances; reduces the amount of land to
be studied for potential inclusion in the Johnson Valley OHV
Recreation Area; strikes the provision authorizing the
Secretary to expand the OHV Recreation Areas that are being
studied; changes the designation from the ``Alabama Hills
National Scenic Area,'' to the ``Alabama Hills Scenic Area;''
strikes the authorization for the Secretary to award grants to
study the Scenic Area; and strikes the authorization for a land
conveyance for Mr. Reginald Cook.
The substitute amendment further provides for a new title
V, which addresses miscellaneous provisions. The new title V
directs the Secretary to conduct a study only on the impacts of
habitat fragmentation on wildlife in the CDCA; authorizes OHV
recreation areas to be eligible for an exchange of Federal and
State lands between the Federal government and the State of
California; strikes the provision designating approximately 1.4
miles of the Amargosa River as a scenic river; strikes the
provisions on buffer zones and management of nonwilderness
activities; strikes the provision relating to native
groundwater supplies in the Mojave National Preserve; makes
clear that military operations can continues in all scenic
areas, OHV recreation areas, and special management areas
within the CDCA and that nothing in this legislation alters or
diminishes the authority of the Secretary of Defense to conduct
military operations; adds a provision directing the Secretary
to establish, operate, and maintain a trans-State desert
tortoise conservation center; and removes title II, which
relates to revenue sharing for renewable energy.
Section-by-Section Analysis
Sec. 1. Short title; table of contents
Section 1 provides a short title for the bill and a table
of contents.
Sec. 2. Definitions
Section 2 provides key definitions.
TITLE I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT
CONSERVATION AREA
Sec. 101. California desert conservation and recreation
Section 101(a) amends the CDPA to designate 87,700 acres of
land managed by the BLM as the Avawatz Mountains Wilderness;
7,870 acres of BLM land as the Great Falls Basin Wilderness;
and 79,900 acres of BLM land as the Soda Mountains Wilderness.
Subsection (b) adds 1,250 acres of BLM land to the Golden
Valley Wilderness and 53,320 acres of BLM land to the Kingston
Range Wilderness.
Subsection (c) adds 91,560 acres of land administered by
the NPS, and within Death Valley National Park, to the Death
Valley National Park Wilderness.
Subsection (d) adds 7,141 acres of Forest Service land to
the San Gorgonio Wilderness; authorizes the Secretary to carry
out activities as necessary to control fire, insects, and
disease in accordance with the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40; directs the Secretary to
amend local fire management plans that apply to the new
wilderness area; and directs the Forest Supervisor to establish
agency approval procedures for responding to fire emergencies
and to enter into agreements with appropriate State or local
firefighting agencies.
Subsection (e) makes clear that nothing in this title
terminates or prevents the reauthorization of any valid
existing right-of-way (ROW) or customary operation,
maintenance, or replacement activity in a right-of-way issued
to the Southern California Edison Company or its predecessors,
successors, or assigns located on land in the San Gorgonio
Wilderness Ares or the Sand to Snow National Monument.
Subsection (f) finds that the Cady Mountain and Soda
Mountains WSAs have been adequately studied and no longer need
to be managed for wilderness character.
TITLE II--DESIGNATION OF SPECIAL MANAGEMENT AREA
Sec. 201. Vinagre Wash Special Management Area
Section 201 amends the CDPA to establish 81,880 acres of
BLM land as the Vinagre Wash SMA to preserve, protect, and
enhance the plant, wildlife, ecological, geological, scenic,
recreation, archaeological, cultural, and historic values of
the SMA.
The Secretary is directed to authorize hiking, camping,
hunting, sightseeing, and the use of motorized vehicles,
mountain bikes, and horseback riding in the SMA on designated
routes and in such a manner as to ensure public health, safety,
and consistency with the SMA's purpose, applicable laws, and
the Desert Renewable Energy Conservation Plan. The use of OHVs
is permitted on designated routes and the Secretary is
authorized to close or permanently reroute a portion of a route
when certain conditions apply. Within three years of enactment
of this section, the Secretary is directed to accept petitions
from the public regarding additional OHV routes and authorizes
the Secretary to designate additional routes.
Except for valid existing rights, the SMA is withdrawn from
all forms of entry, appropriation, or disposal under public
land laws; location, entry, and patent under mining laws; and
ROW leasing or disposition under laws relating to minerals,
solar, wind, and geothermal energy. Standard language is
included that prevents the creation of any buffer zone around
the SMA.
The Secretary is directed to provide adequate notice of
designated routes within the SMA. In consultation with tribes
and other interested parties, the Secretary is directed to
develop a program to provide opportunities for monitoring and
stewardship of the SMA and to prepare and complete a tribal
cultural resources survey of the SMA.
TITLE III--NATIONAL PARK SYSTEM ADDITIONS
Sec. 301. Death Valley National Park boundary revision
Subsection (a) adds approximately 39,369 acres of BLM land
to Death Valley National Park.
Subsection (b) requires the maps showing the acreage added
in subsection (a) to be on file and available for public
inspection in the appropriate offices of the National Park
Service.
Subsection (c) directs the Secretary to administer any land
added to Death Valley National Park under subsection (a) as a
part of that Park and, within 180 days of enactment of this
legislation, to develop a memorandum of understanding with Inyo
County to permit ongoing access and use to existing gravel pits
along Saline Valley Road.
Subsection (d) amends the CDPA to make clear that the
operation and maintenance of the Morman Peak Microwave Facility
can still continue.
Sec. 302. Mojave National Preserve
Section 302 adds 25 acres of BLM land in Baker, California
to the Mojave National Preserve.
Sec. 303. Joshua Tree National Park
Subsection (a) adds 2,879 acres of BLM land and 1,639 acres
of land acquired from the Mojave Desert Land Trust to Joshua
Tree National Park.
Subsection (b) requires the maps showing the acreage added
in subsection (a) and subsection (c)(2) to be on file and
available for public inspection in the appropriate offices of
the National Park Service.
Subsection (c) directs the Secretary to administer any land
added to Joshua Tree National Park under subsection (a) and
paragraph 2 as a part of that Park and adds 25 acres to the
Park.
Subsection (d) makes clear that nothing in this title
terminates valid existing ROW for the customary operation,
maintenance, upgrade, of replacement of energy transport
facilities permitted to the Southern California Edison Company
or its predecessors, successors, or assigns. Nothing in this
title prohibits the upgrade or replacement of Southern
California Edison Company's energy transport facilities or an
energy transport facility in ROWs issued by the Secretary
adjacent to Southern California Edison Joshua Tree Utility
Facilities. The Secretary is directed to publish plans for
regular and emergency access by Southern California Edison
Company to its ROWs located within Joshua Tree National Park.
Subsection (e) amends the CDPA to authorize the Secretary
to acquire five acres of land outside of the Park, but within
the unincorporated village of Joshua Tree, for a visitor
center.
TITLE IV--OFF-HIGHWAY VEHICLE RECREATION AREAS
Sec. 401. Off-Highway Vehicle Recreation Areas
Section 401 amends the CDPA to add a new title XIII to
designate 7,630 acres of BLM land as the Dumont Dunes OHV
Recreation Area; 14,930 acres of BLM land as the El Mirage OHV
Recreation Area; 23,910 acres of land as the Rasor OHV
Recreation Area; 56,140 acres of BLM land as the Spangler OHV
Recreation Area; and 40,110 acres of BLM land as the Stoddard
Valley OHV Recreation Area. The Johnson Valley OHV Recreation
Area is expanded by 11,300 acres of land. A purpose is provided
for the OHV Recreation Areas, which is to preserve and enhance
recreation opportunities, including opportunities for OHV
recreation, within the Conservation Area.
The Secretary is directed to authorize, maintain, and
enhance the recreational use of these areas, including off-
highway recreation, hiking, camping, hunting, mountain biking,
sightseeing, rockhounding, and horseback riding. Any lawful,
authorized recreational activity and use designations in effect
on the date of enactment will continue, including casual off-
highway vehicular use, racing, competitive events, rock
crawling, training, and other forms of off-highway recreation.
Water catchment tanks, also known as wildlife guzzlers, are
also allowed in the OHV recreation areas. Except for energy
transport facilities, ROW, and related telecommunication
facilities, commercial development is prohibited in these
areas, however the Secretary is authorized to issue a temporary
permit to a commercial vendor to provide accessories or support
for OHV use.
The Secretary is directed, within three years of enactment
of this legislation, to amend existing resource management
plans or develop new management plans for the OHV recreation
areas. Except for valid existing rights, the OHV recreation
areas are withdrawn from all forms of entry appropriation, or
disposal under public land laws; location, entry, and patent
under mining laws; and ROW, leasing, or disposition under
mineral and geothermal leasing laws.
Within two years of enactment of this legislation, the
Secretary is directed to complete a study of the following
lands within the CDCA to determine if they are suitable for
inclusion in an OHV recreation area: 41,000 acres of BLM land
at Spangler Hills; 680 acres of BLM land at El Mirage; and
10,130 acres of BLM Land at Johnson Valley.
Language is included in this section to protect authorized
activities conducted by the Southern California Edison Company
and the Pacific Gas and Electric Company in valid ROW of
certain OHV recreation areas. The Secretary is directed to
publish plans for regular and emergency access by the Southern
California Edison Company and the Pacific Gas and Electric
Company to their rights-of-way.
Section 401 further amends the CDPA to add a new title XIV
to establish 18,610 acres of land as the Alabama Hills Scenic
Area, to conserve, protect, and enhance the scenic, cultural,
geological, educational, biological, historical, recreational,
cinematographic, and scientific resources of the area.
The new section 1402 directs the Secretary to manage the
Scenic Area as a component of the National Landscape
Conservation System, without impacting valid existing rights.
The Secretary is directed to provide for existing recreational
uses of the Scenic Area, including hiking, mountain biking,
rock climbing, sightseeing, horseback riding, hunting, fishing,
and appropriate authorized mechanized vehicle use, unless there
are public health and safety concerns. Except as necessary for
administrative and emergency purposes, OHVs may be permitted
only on county-maintained roads in accordance with applicable
State and county laws or on designated roads and trails as
authorized in a management plan that sustains a semi-primitive
motorized experience.
Standard language is included that prevents the creation of
any buffer zone around the scenic area. Owners of non-Federal
land within the scenic area are guaranteed access to their
land. Nothing in this title prohibits filming; affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife; or prohibits the Secretary from conducting
wildland fire operations within the Scenic Area. Existing
permits for the grazing of livestock are allowed to continue
subject to reasonable regulations. Except for valid existing
rights, Federal land within the Scenic Area is withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws; location, entry, and patent under the mining laws;
and disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials. Nothing in this title
prevents or inhibits the customary operation, maintenance, or
replacement of any utility facility located within an existing
ROW in the Scenic Area. The Secretary is authorized to permit
new utility facility ROWs, in accordance with the National
Environmental Policy Act.
The new section 1403 directs the Secretary, within three
years of enactment of this legislation, to develop a
comprehensive long-term management plan in consultation with
certain parties to include plans for maintenance of public
utility and other ROWs within the Scenic Area.
The new section 1404 directs the Secretary to take
approximately 132 acres of land into trust for the Lone Pin
Paiute-Shoshone Tribe. The land is subject to existing
easements, restrictions, and withdrawals and is not eligible
for gaming.
The new section 1405 transfers management of approximately
40 acres of land from the Forest Service to the BLM.
The new section 1406 clarifies that nothing in this title
limits the provision of any commercial service for existing or
historic recreation use. Any valid existing commercial permits
for guided recreational activities may continue as authorized.
TITLE V--MISCELLANEOUS
Sec. 501. Transfer of land to Anza-Borrego Desert State Park
Section 501 amends the CDPA to add a new section 712 to
transfer approximately 934 acres of BLM land to the State of
California, once all mining claims in the area have terminated.
The land is to be managed in accordance with the California
Wilderness Act (California Public Resources Code sections
5093.30-5093.40). Except for valid existing rights, the
transferred lands are withdrawn from all forms of entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal
leasing. If the State ceases to manage the land as part of the
state park system or in a manner consistent with the California
Wilderness Act, the land will revert to the Secretary to be
managed as a wilderness study area.
Sec. 502. Wildlife corridors
Section 502 amends the CDPA to add a new section 713 to
direct the Secretary, within two years of enactment of this
legislation, to assess the impacts of habitat fragmentation on
wildlife in the CDCA, and to establish policies and procedures
to ensure preservation of wildlife corridors and facilitate
species migration. The Secretary is directed to consider the
impacts of ROWs and to incorporate all findings into land
management plans for the CDCA.
Sec. 503. Prohibited uses of acquired, donated, and conservation land
Section 503 amends the CDPA to add a new section 714
prohibiting, except as provided in certain situations, the
Secretary from authorizing the use of acquired, conservation,
or donated land within the CDCA for any activity contrary to
the purposes for which the land was acquired, designated, or
donated, including disposal, ROWs, leases, livestock grazing,
infrastructure development, mineral entry, or OHV use, except
in certain areas.
Sec. 504. Tribal uses and interests
Section 504 amends the CDPA to grant Indian tribes access
to areas designated under this legislation for cultural and
religious purposes. Upon the request of an Indian tribe, the
Secretary is directed to temporarily close the smallest
possible portion of a national monument, SMA, wild and scenic
river, area of critical environmental concern, or unit of the
National Park System designated under this legislation to
protect privacy of traditional activities of the tribe. Within
two years of enactment of this legislation, and in consultation
with certain Indian tribes, the Secretary is directed to
develop and implement a tribal cultural resources management
plan for the Xam Kwatchan Trail network.
Sec. 505. Release of Federal reversionary land interests
Section 505 directs the Secretary, to convey all right,
title, and remaining interest of the United States in and to
the land that was conveyed to the Metropolitan Water District
of Southern California in 1932, except for valid claims in
existence prior to the 1932 Act. The District is responsible
for any costs associated with the conveyance and agrees to hold
harmless the United States if any boundary dispute arises.
Sec. 506. California State school land
Section 506 amends the CDPA to require the Secretary to
work with the State to complete an exchange of state school
lands located in the California desert over the next 10 years.
A Special Fund Deposit Account is established to hold past and
future receipts from the sale of land or surplus property
associated with this exchange.
Sec. 507. Designation of Wild and Scenic Rivers
Section 507 amends the Wild and Scenic Rivers Act to
designate approximately 6.1 miles of the Amargosa River as a
scenic river; 5.3 miles of Surprise Creek Canyon as a wild
river; 1.8 miles of Surprise Creek Canyon as a recreational
river; 19 miles of Surprise Canyon Creek as a wild river; one
mile of Surprise Creek Canyon as a scenic river; 11 miles of
Holcomb Creek as a recreational river; 3.5 miles of Holcomb
Creek as a wild river; 5.8 miles of the North Fork Whitewater
River as a wild river; 6.4 miles of the Middle Fort Whitewater
River as a wild river; 5.9 miles of the South Fork Whitewater
River as a wild river; one mile of the South Fork Whitewater
River as a recreational river; 5.4 miles of the Whitewater
River as a wild river; and 3.6 miles of the Whitewater River as
a recreational river. The section makes clear that historic
mining structures in the Panamint Mining District and the Snow
Valley Ski Resort are not impacted by the designations in this
section.
Sec. 508. Conforming amendments
Section 508 makes conforming and technical amendments.
Sec. 509. Juniper Flats
Section 509 amends the CDPA to prohibit the development of
renewable energy generation facilities on 28,000 acres of
Federal land in the Juniper Flats region of the CDCA.
Sec. 510. Conforming amendments to the California Military Lands
Withdrawal and Overflights Act of 1994
Section 510 amends the California Military Lands Withdrawal
and Overflights Act (16 U.S.C. 410aa-82 note; Public Law 103-
433) to make clear that military overflights and the
designation of military training areas can continue in SMAs,
OHV recreation areas, and scenic areas.
Sec. 511. Desert Tortoise Conservation Center
Section 511(a) directs the Secretary to establish, operate,
and maintain a trans-State desert tortoise conservation center
along the California-Nevada border. Subsection (b) directs the
Secretary to seek the input of qualified organizations, ensure
that there is public outreach, and consults with the States.
Subsection (c) authorizes the Secretary to accept and expend
non-Federal funds to operate the center.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
Summary: S. 32 would allow the Bureau of Land Management
(BLM) to spend past and future proceeds from the sale of
certain lands in California to acquire lands owned by the
state. The bill also would require BLM to establish a desert
tortoise conservation center. In addition, the bill would
direct BLM to develop plans to identify and conserve cultural
resources of certain Indian tribes. Finally, the bill would
designate some federal lands for conservation and recreation.
Using information from BLM and the General Services
Administration (GSA), CBO estimates that enacting the
legislation would increase direct spending by $8 million over
the 2019-2028 period; therefore, pay-as-you-go procedures
apply. The bill would not affect revenues.
CBO also estimates that implementing the bill would cost
$15 million over the 2019-2023 period; such spending would be
subject to the availability of appropriated funds. Those
amounts would be used primarily to pay federal employees to
carry out various provisions of the bill.
CBO estimates that enacting S. 32 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 32 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 32 is shown in the following table. The
costs of the legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------
2019- 2019-
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2023 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDING
Estimated Budget Authority........................................ 8 0 0 0 0 0 0 0 0 0 8 8
Estimated Outlays................................................. 1 2 2 2 1 0 0 0 0 0 8 8
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..................................... 5 4 2 2 2 0 0 0 0 0 15 15
Estimated Outlays................................................. 5 4 2 2 2 0 0 0 0 0 15 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the start of 2019 and that the
necessary amounts will be appropriated in each year.
Direct spending
CBO estimates that enacting S. 32 would increase direct
spending by $8 million over the 2019-2028 period. The bill
would authorize BLM to sell federal land to the state of
California and deposit the proceeds into a special account that
would be used to purchase other lands owned by the state. In
addition, the bill would allow proceeds from certain sales that
occurred in the past, which cannot be spent under current law,
to be used to acquire other state lands. Using information
provided by GSA, CBO estimates that the proceeds from past
sales that could be spent under the bill would total $8
million. Collections from future land sales and spending of
those proceeds to acquire additional state lands would have no
significant net effect on the budget.
Spending subject to appropriation
CBO estimates that implementing four provisions of S. 32
that authorize new activities would cost $15 million over the
2019-2023 period; such spending would be subject to the
availability of appropriated funds.
Desert Tortoise Conservation Center. S. 32 would require
the Department of the Interior (DOI) to establish, operate, and
maintain a desert tortoise conservation center along the border
of California and Nevada. The center would support research,
monitoring, and rehabilitation of desert tortoises. Using
information provided by DOI, CBO estimates that the cost of
operating the facility and supporting research would total $2
million a year.
Vinagre Wash Special Management Area. The bill would
designate roughly 82,000 acres as the Vinagre Wash Special
Management Area, and would direct BLM to complete a tribal
cultural resources survey for the area. Based on the costs of
similar activities, CBO estimates that conducting the fieldwork
necessary to complete the survey and a management plan for the
area would cost $2 million over the 2019-2020 period.
Xam Kwatchan Trail Network Plan. S. 32 would direct BLM to
develop and implement a plan to identify and conserve the
cultural resources of Indian tribes associated with the Xam
Kwatchan Trail network in California and Nevada. Using
information from BLM, CBO estimates that conducting the
fieldwork necessary to complete the plan would cost $1 million
over the 2019-2020 period.
Conservation Designations. The bill would make several
designations under the Wild and Scenic Rivers Act. Using
information provided by DOI, CBO estimates that completing a
comprehensive river management plan for each newly designated
river would have a total cost of $1 million.
Other Provisions. S. 32 also would designate roughly
330,000 acres of federal lands as wilderness, 154,000 acres as
off-highway vehicle recreation areas, and 19,000 acres as the
Alabama Hills National Conservation Area. Because those
designations would not significantly affect the federal
management of those lands, CBO estimates that implementing
those provisions would have no significant effect on the
federal budget.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------
2019- 2019-
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2023 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Effect.......................... 1 2 2 2 1 0 0 0 0 0 8 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 32 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 32 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Previous CBO estimate: On November 19, 2018, CBO
transmitted a cost estimate for H.R. 857, the California Desert
Protection and Recreation Act of 2018, as ordered reported by
the Senate Committee on Energy and Natural Resources on October
2, 2018. S. 32 is similar to H.R. 857 and CBO's estimates of
their budgetary effects are the same.
Estimate prepared by: Federal costs: Jacob Fabian;
Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 32. The bill is not a regulatory measure in the
sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 32, as ordered reported.
Congressionally Directed Spending
S. 32, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior
and the Department of Agriculture at the July 26, 2017, hearing
on S. 32 follows:
Statement of John Ruhs, Acting Deputy Director for Operations, Bureau
of Land Management, U.S. Department of the Interior
Thank you for the opportunity to testify on S. 32, the
California Desert Protection and Recreation Act. This bill,
which amends the California Desert Protection Act of 1994
(CDPA, Public Law 103-433), provides direction for the future
management of Federal lands within the California Desert
Conservation Area (CDCA).
The Department of the Interior (Department) recognizes the
work of members of the California delegation to attempt to
address a wide array of resource issues and management concerns
in the California desert. Secretary Zinke is committed to
implementing the America First Energy Plan, which is an ``all-
of-the-above'' plan that includes oil and gas, coal, and
renewable resources. Public lands in California are integral to
the development of these important energy resources. In
addition, Secretary Zinke, through Secretarial Order 3347, has
pledged to expand access to America's public lands and increase
hunting, fishing, and recreational opportunities nationwide.
While we support the goals of S. 32 that align with these
important priorities, we do not support the bill as currently
written because many of its proposed designations and
administrative provisions could ultimately decrease public
access, limit outdoor recreation, and impede energy
development.
The Department would like the opportunity to work with the
sponsors and Subcommittee to address a number of concerns
outlined in this statement. In particular, we note that the
sponsors and Subcommittee may wish to consider a more
geographically focused or county-specific approach for some of
the designations proposed by S. 32. The bipartisan Washington
County, Utah, and Owyhee County, Idaho, land management
legislation advanced during the 110th Congress could serve as
good examples. Finally, we defer to the Department of
Agriculture and the Department of Defense regarding provisions
in the bill concerning the lands and interests they administer.
Because of the complexity of this legislation and the
importance of these issues to the Department, my statement will
address each of the bill's provisions individually.
background
The CDCA contains over 25 million acres and includes 16
million acres of public lands administered by the Department.
It was singled out for special management in the Federal Land
Policy and Management Act of 1976 (FLPMA). Section 601 of FLPMA
recognized the unique location of the CDCA, which is adjacent
to the major metropolitan areas of southern California and over
20 million residents. This location has always meant that the
management of the CDCA must consider the public's desire for
recreational activities, public access, energy development,
rights-of-way, conservation, and other important uses. The CDCA
Plan of 1980 and its associated amendments were vast in their
scale, ambitious in their goals, and designed to accommodate a
variety of uses and users.
By the early 1990s, increased development pressures on the
desert and new public awareness led many to believe that
further measures were necessary to adequately conserve the
special places of the California desert. After careful
deliberation and an extensive public process, Congress in 1994
enacted the CDPA, which established Death Valley and Joshua
Tree National Parks and the Mojave National Preserve,
designated wilderness, and provided strong protections for
traditional cultural uses of the area by various Tribes. The
areas conserved by the CDPA serve as invaluable natural and
recreational resources for the people of the California desert
and the nearby Los Angeles metropolitan area.
title i--california desert conservation & recreation
Title I of S. 32 creates three new wilderness areas and
expands two existing Wilderness Areas; expands wilderness in
Death Valley National Park, and releases portions of six
Wilderness Study Areas (WSAs). Title I also establishes the
Vinagre Wash Special Management Area and Alabama Hills National
Scenic Area; designates potential wilderness areas; expands
three units of the National Park System; and establishes six
National Off-Highway Vehicle (OHV) Recreation Areas, along with
other miscellaneous provisions.
Wilderness
Section 1301 would designate the approximately 88,000-acre
Avawatz Mountains Wilderness, the approximately 8,000-acre
Great Falls Basin Wilderness, and the approximately 80,000-acre
Soda Mountains Wilderness. In addition, this section would
expand the existing Golden Valley Wilderness by approximately
1,300 acres, the Kingston Range Wilderness by approximately
53,000 acres, and Death Valley National Park Wilderness by
approximately 92,000 acres. The Department supports
Congressional action to resolve wilderness designation and WSA
release issues on public lands across the West, and we welcome
opportunities to further those efforts. Only Congress can
determine whether to designate WSAs as wilderness or to release
them for other multiple uses. We would like to work with
Congress to achieve this important goal.
The Department notes that the lands proposed for wilderness
designation by S. 32 generally serve as habitat for a diversity
of plant and animal life and provide important opportunities
for hiking, hunting, rock climbing, horseback riding, and other
forms of outdoor recreation in the California desert. Pursuant
to the priorities outlined by Secretary Zinke, we would like
the opportunity to work with the sponsors and the Subcommittee
to ensure that wilderness designation is the best mechanism for
protecting these resources while restoring balance to other
important uses. Alternative management approaches could
conserve sensitive resources while still accommodating the full
range of uses and activities permitted on other BLM-managed
lands. If Congress opts to proceed with designation of these
lands as wilderness, we would like to work on some management
language modifications in section 1302 to ensure that the BLM
and the NPS retain the flexibility to coordinate on cross-
boundary issues.
A provision that the Department would recommend adding to
Title I is the conversion of an approximately 1-acre area from
designated wilderness to designated potential wilderness. This
area, known as the Mormon Peak Communication Area, serves as a
major communications hub for the Death Valley National Park
community. We would like to see it identified as potential
wilderness until such time that a technological alternative
becomes available to the present system.
Section 1303 proposes to release over 130,000 acres of BLM-
managed public lands from WSA status, allowing these areas to
be managed according to the existing BLM land use plans. As
discussed above, we support this provision. These lands are
small portions of WSAs that were not designated wilderness by
this or previous legislation.
Vinagre Wash
Sections 1401 through 1404 create the approximately 82,000-
acre Vinagre Wash Special Management Area (SMA) and would
designate approximately 112 miles of trails for motorized
recreation, horseback riding, mountain biking, and hiking. In
recognition of the importance of the lands within the SMA to
the Quechan Indian Nation and other Indian Tribes, section 1403
includes special protections of cultural resources and provides
for a two-year study of those resources and related needs.
Finally, section 1404 identifies four potential wilderness
areas within the SMA. The Secretary is directed to preserve the
character of the potential wilderness areas for eventual
inclusion in the National Wilderness Preservation System, with
limited specific exceptions for military uses. Designation
would occur when the Secretary, in consultation with the
Secretary of Defense, determines that all activities on these
lands are compatible with the Wilderness Act of 1964.
The Department strongly supports efforts to facilitate and
enhance recreational opportunities on America's public lands.
We are also committed to the principle of tribal self-
determination and efforts to strengthen tribal communities,
including the preservation of cultural heritage. As with other
lands proposed for wilderness designation by S. 32, however, we
would like the opportunity to work with the sponsors and
Subcommittee to ensure that the proposed potential wilderness
designations are the most effective method of protecting
sensitive resources while restoring balance to other important
uses within the proposed SMA. We note that other management
approaches could also conserve these resources while still
allowing for the full range of uses and activities available on
other BLM-managed lands, which may not be permitted under the
Wilderness Act. The Department would also like to work with the
sponsors on amendments to the language to ensure consistency
with existing plans and laws, including boundary adjustments
for manageability.
National Park System additions
At Mojave National Preserve, 25 acres would be transferred
from the BLM to the NPS. The NPS owns a maintenance facility
situated on this parcel. No additional maintenance costs for
the NPS would be incurred through the transfer.
At Joshua Tree National Park, approximately 2,900 acres of
BLM land would be transferred to the NPS. An additional
approximately 1,600 acres would be donated by the Mojave Desert
Land Trust. These lands, which are contiguous to several places
along the northern boundary of the park, would help provide a
more cohesive, logical northern boundary and ensure the
protection of primary wildlife corridors that run through the
park and adjoining public lands in the Mojave Desert.
The NPS would also be authorized to acquire and administer
the Joshua Tree Visitor Center, currently located outside the
park boundary and owned by the Joshua Tree National Park
Association. The Association currently leases the structure to
the NPS, and lack of permanent Federal property ownership
prevents the park from making basic repairs or enhancements to
the visitor center. Purchasing the structure would save the NPS
annual rental expenses.
Although these land transfers would be beneficial to both
NPS and BLM over the long term, we are concerned that a
significant majority of the lands to be transferred to NPS
under this bill has not been investigated for environmental
conditions. These lands include areas that have been subject to
mining, military operations, and other uses that may have
created contamination necessitating cleanup. The Department
recommends amending this section of the bill to ensure
consistency with Departmental policy and the Comprehensive
Environmental Response, Compensation, and Liability Act, and to
require that prior to the transfer of any of the above-
described lands to the NPS, they be fully investigated for any
contamination in accordance with applicable environmental due
diligence standards and that any contamination be remediated.
Off-highway vehicle recreation areas
Section 1601 designates six OHV Recreation Areas totaling
about 200,000 acres on BLM-managed public lands. The Department
is committed to expanding access to public lands and increasing
recreation opportunities nationwide. As such, we support each
of these designations as they would provide congressionally
designated areas for this popular recreational activity in the
California desert. The Department notes that the Dumont Dunes,
El Mirage, Rasor, Spangler Hills, Stoddard Valley, and Johnson
Valley OHV Recreation Areas would be consistent with BLM
management goals for these areas. We would like to work with
the sponsors and the Subcommittee on amendments to this section
to address management discretion for commercial uses,
consistency in naming, the requirement for additional planning
activities, and timeframes.
Alabama Hills National Scenic Area
Sections 1701 through 1707 establish the Alabama Hills
National Scenic Area, which would encompass approximately
19,000 acres of BLM-managed public lands and would be
administered as a unit of the BLM's National Conservation
Lands. These sections also provide for the transfer of about 40
acres of U.S. Forest Service land to the BLM; direct that 132
acres of Federal land be taken into trust for the benefit of
the Lone Pine Paiute-Shoshone Reservation; and provides for an
acquisition by a private landowner to resolve an ongoing
trespass issue. The Alabama Hills contain unique geologic
features that have attracted photographers, cinematographers,
and recreationists for generations. The area provides stunning
views of Mount Whitney and the Sierra Nevada Mountains and has
spectacular natural arches, rolling hills, and vibrant
wildflowers. The Alabama Hills also serve as a backdrop for
iconic Hollywood movies and remains a popular location for
commercial filming.
The Department's understanding is that Senators Feinstein
and Harris, Congressman Cook, and their staffs have worked to
assemble a diverse coalition of stakeholders, including Inyo
County, the Lone Pine Chamber of Commerce, the Lone-Pine
Paiute-Shoshone Tribe, local business owners, and other key
stakeholders, to reach consensus on the management and
conservation of this area. The Department notes that each of
the National Conservation Areas (NCAs) and similar designations
established by Congress and managed by the BLM is unique.
However, all of these designations have certain critical
elements in common, including withdrawal from the public land,
mining, and mineral leasing laws; limiting off-highway vehicles
to roads and trails designated for their use; language that
charges the Secretary of the Interior with allowing only those
uses that further the purposes for which the area is
established; and language ensuring that lands within such
designations are managed at a higher level of conservation than
the lands outside.
The Department could support the protection of the Alabama
Hills as a part of the National Conservation Lands and the
other provisions in this section, but we would like to work
with the sponsors and Subcommittee on language to address
management of utility rights-of-way, to ensure consistency with
management of other units of the National Conservation Lands,
and to address other minor technical issues.
Miscellaneous provisions
Section 1801 provides for the transfer of approximately
1,000 acres of the Table Mountain Wilderness Study Area to the
California Department of Parks and Recreation for
administration as a unit of Anza-Borrego Desert State Park.
This area contains 12 active mining claims, and the transfer
would occur after claims are terminated. The Department does
not necessarily object to this transfer, but we would like to
work with the sponsors on language to ensure clarity of the
transfer process and release language of the Wilderness Study
Area status prior to transfer to California State Parks.
Section 1803 requires a study to assess the impacts of
climate change on the CDCA within two years. The Department
believes such study is unnecessary and notes that the analysis
already conducted as part of the BLM's Desert Renewable Energy
Conservation Plan largely met the requirements of this section.
Section 1804 establishes certain restrictions on the use of
acquired or donated lands within the CDCA. The Department does
not necessarily object to these restrictions, which we
understand are related to various plans and agreements made
under Federal and State laws, but we would like to work with
the sponsors to ensure consistency with other existing
agreements and requirements, to provide for discretion and
public input, and to ensure technical accuracy.
Section 1805 provides for access by members of Indian
tribes and requires the Secretary to develop a Tribal Cultural
Resources Management Plan for the Xan Kwatchan Trail network.
Section 1806 would transfer the Federal reversionary
interest in certain lands and minerals to the Metropolitan
Water District of Southern California. All costs associated
with this conveyance would be the responsibility of the
Metropolitan Water District. The BLM, as a matter of both
policy and practice, and in accordance with FLPMA, generally
requires receipt of fair market value for public lands or
interests transferred out of public ownership. This serves to
ensure that taxpayers are fairly compensated for the removal of
public lands from Federal ownership. The Department supports
the goal of conveying the reversionary interest outlined in
this section. As with previous such proposals, we recommend
amending the legislation to ensure the payment of fair market
value for the reversionary interest. However, the Department
recognizes that there may be circumstances, as determined by
Congress, in which the public benefits of a proposed transfer
outweigh financial considerations. We would also like to work
with the sponsors and Subcommittee on amendments to address
issues of technical clarity.
Section 103 requires the Secretary to work with the
California State Lands Commission to develop a process for
exchange of State parcels within the new conservation
designations. The Department has no objection to this process
but would like to work with the sponsors on minor modifications
to ensure it is consistent with existing authorities.
Section 104 amends the Wild and Scenic Rivers Act (16
U.S.C. 1274[a]) by adding segments of five rivers to the
National Wild and Scenic River System. Three of these segments,
the Amargosa River, Surprise Canyon Creek, and Whitewater
River, cross public lands managed by the BLM and the NPS. All
three of these are important riparian areas in the deserts of
southern California and provide habitat for a number of
threatened, endangered, and sensitive species. With that said,
we would like the opportunity to work with the sponsors and the
Subcommittee to ensure that wild and scenic river designation
is the best mechanism for protecting such resources.
Alternative management approaches could conserve sensitive
resources while still accommodating the full range of uses and
activities permitted on other BLM-managed lands. If Congress
opts to add these segments to the National Wild and Scenic
River System, we would like to work with the Subcommittee on
technical issues, including correcting what we believe is an
error in the legal description.
Section 105 contains a number of conforming amendments,
some of which could significantly impact management of areas
designated under the bill. We would like to work with the
sponsors and the Subcommittee on the language regarding
avoiding establishment of buffer zones. The section pertaining
to Native Groundwater Supplies would preclude the Secretary
from authorizing the use of any right-of-way or lease to
extract, consume, export, transfer or distribute groundwater on
certain BLM-managed public lands in quantities that
collectively exceed the estimated perennial safe yield or
annual recharge rate, as determined by the United States
Geological Survey. The Department supports working landscapes
across the West and is committed to keeping public lands
healthy and productive. The Department would like to work with
the sponsors and Subcommittee on amendments to this section to
ensure that the BLM retains its ability to manage these public
lands on the basis of multiple-use and sustained yield.
title ii--development of renewable energy on public lands
Title II of S. 32 establishes a new process for disposition
of revenues received for the development of wind or solar
energy on BLM-administered lands throughout the West. Under
this title, 25 percent of revenues would be distributed to
States and 25 percent to Counties. For ten years, 15 percent of
revenues would be used for the processing of renewable energy
permits, while 35 percent would be deposited in a Renewable
Energy Resource Conservation Fund (Fund). After ten years, the
permit processing funds would also be deposited in the Fund.
The Secretary would be permitted to make amounts in the Fund
available to other Federal and State agencies for five
purposes: (1) protection and restoration of important wildlife
habitat and corridors and water resources; (2) conducting
research with Universities on restoration and protection
activities; (3) securing recreational access to Federal lands;
(4) carrying out activities authorized under the Land and Water
Conservation Fund; and (5) establishing, operating, and
maintaining a trans-State desert tortoise conservation center.
The Secretary is also required to establish an Advisory Board
to provide recommendations and guidance on the amount of funds
expended from the Fund.
The Department notes that all revenues from solar and wind
energy authorizations on public lands currently go to the U.S.
Treasury. We do not support the diversion of solar and wind
energy receipts and have concerns with the potential long-term
costs associated such diversion. The Department would like to
work with the sponsors and the Subcommittee to determine how
best to achieve the overall goal of this title.
Additionally, under existing authorities and regulations,
the BLM currently collects full cost recovery as costs are
incurred throughout the wind and solar application process. Due
to the difficulty in estimating the total cost for processing
an application upfront, the Department recommends continuing
its current cost recovery process.
conclusion
The Department recognizes the work of members of the
California delegation on S. 32 and supports certain goals of
the bill that align with the Secretary's priorities of
expanding access to and recreational opportunities on public
lands. However, we do not support S. 32 as currently written.
We would like to work with the sponsors and the Subcommittee on
a number of substantive and technical modifications to the bill
as it moves through the legislative process.
----------
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, United States Department of Agriculture
Chairman Lee, Ranking Member Wyden, members of the
Subcommittee, thank you for the opportunity to present the
views of the U.S. Department of Agriculture (USDA) regarding S.
32--the California Desert Protection and Recreation Act of
2017, S. 468--the Historic Routes Preservation Act, S. 941--the
Yellowstone Gateway Protection Act, S. 1230--the Water Rights
Protection Act, S. 1271--the Fowler and Boskoff Peaks
Designation Act, and S. 1548--the Oregon Wildlands Act. I am
Glenn Casamassa, Associate Deputy Chief for the National Forest
System (NFS), USDA Forest Service.
s. 32--california desert protection and recreation act of 2017
S. 32 contains several provisions affecting USDA including
an addition to the San Gorgonio Wilderness on the San
Bernardino National Forest, establishment of sections of Deep
Creek and Holcomb Creek and the Whitewater River on the San
Bernardino National Forest as Wild, Scenic, and Recreational
Rivers, transfer of administrative jurisdiction of 40 acres of
National Forest System land to the Bureau of Land Management
(BLM), and creation of a Renewable Energy Resource Conservation
Fund. We defer to Department of Interior (DOI) for their views
on sections affecting DOI agencies.
Section 1301(c), as added to the California Desert
Protection Act of 1994 by section 101(a) of S. 32, would
designate a 7,141-acre wilderness addition on the west and
south ends of the existing 95,953-acre San Gorgonio Wilderness;
this addition includes 1,000 acres of private property owned by
the Wildlands Conservancy. The area that would be designated is
currently an inventoried roadless area. USDA supports this
wilderness addition as it would improve management efficiencies
in this area, and we would like to work with the Subcommittee
to ensure that the roadless areas can be consistently managed
pursuant to this Act and the Wilderness Act.
Section 104(2) of the bill would amend the Wild and Scenic
Rivers Act to add paragraphs (214) and (215) to designate
approximately 76.3 miles of the specified rivers as part of the
National Wild and Scenic Rivers System. Of this total,
approximately 34.5 miles of Deep Creek, including its principal
tributary, Holcomb Creek, and approximately 17.1 miles of the
North, Middle and South Forks of the Whitewater River are
within the boundary of the San Bernardino National Forest and
would be administered by the Forest Service. In order to ensure
consistency with the current provisions of the Wild and Scenic
Rivers Act and the 2014 Revision of the San Bernardino National
Forest Plan, the Department would like to work with the
Subcommittee to make some technical corrections in Section
104(2).
The Forest Service has found each of these rivers to be
eligible for designation based on their free-flowing character
and regionally important river-related values. USDA supports
designation of these eligible rivers as Wild and Scenic based
on general support from the communities of interest and
consistency of designation with the current management of
National Forest System lands within the river corridors.
Section 1705 of the bill would transfer administrative
jurisdiction of over approximately 40 acres of National Forest
System land to the BLM for inclusion in the proposed Alabama
Hills National Scenic Area. This is an isolated parcel of land
and the USDA supports the transfer of administrative
jurisdiction to the BLM.
This concludes my written testimony. Again I thank the
Subcommittee for holding this hearing and providing the
opportunity to testify, and I look forward to answering your
questions at the appropriate time.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 32, 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):
CALIFORNIA DESERT PROTECTION ACT OF 1994
Public Law 103-433
AN ACT To designate certain lands in the California Desert as
wilderness, to establish the Death Valley and Joshua Tree National
Parks, to establish the Mojave National Preserve, and for other
purposes.
* * * * * * *
SECTION 1. SHORT TITLE.
Sections [1 and 2, and titles I through IX] 1, 2, and 3,
titles I through IX, and titles XIII and XIV of this Act may be
cited as the ``California Desert Protection Act of 1994''.
* * * * * * *
SEC. 3. DEFINITIONS.
(a) Titles I Through IX.--In titles I through IX, the term
`this Act' means only--(1) sections 1 and 2; and (2) titles I
through IX.
(b) Titles XIII and XIV.--In titles XIII and XIV:
(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.
* * * * * * *
SEC. 102. DESIGNATION OF WILDERNESS.
* * * * * * *
(70) Avawatz mountains wilderness.--Certain
land in the California Desert Conservation Area
administered by the Director of the Bureau of
Land Management, comprising approximately
87,700 acres, as generally depicted on the map
entitled `Avawatz Mountains Proposed
Wilderness' and dated September 9, 2014, to be
known as the `Avawatz Mountains Wilderness'.
(71) Great falls basin wilderness.--Certain
land in the California Desert 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 October 26, 2009, to be
known as the `Great Falls Basin Wilderness'.
(72) Soda mountains wilderness.--Certain land
in the California Desert 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
September 12, 2014, to be known as the `Soda
Mountains Wilderness'.
* * * * * * *
SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA.
(a) Definitions.--In this section:
(1) Management area.--The term `Management
Area' means the Vinagre Wash Special Management
Area established by subsection (b).
(2) Map.--The term `map' means the map
entitled `Vinagre Wash Proposed Special
Management Area' and dated November 10, 2009.
(3) Public land.--The term `public land' has
the meaning given the term `public lands' in
section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702).
(4) State.--The term `State' means the State
of California.
(b) Establishment.--There is established the Vinagre Wash
Special Management Area in the State, to be managed by the
Secretary.
(c) Purpose.--The purpose of the Management Area is to
conserve, protect, and enhance--
(1) the plant and wildlife values of the Management
Area; and
(2) the outstanding and nationally significant
ecological, geological, scenic, recreational,
archaeological, cultural, historic, and other resources
of the Management Area.
(d) Boundaries.--The Management Area shall consist of the
public land in Imperial County, California, comprising
approximately 81,880 acres, as generally depicted on the map.
(e) Map; Legal Description.--
(1) In general.--As soon as practicable, but not
later than 3 years, after the date of enactment of this
section, the Secretary shall submit a map and legal
description of the Management Area to--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources of
the Senate.
(2) Effect.--The map and legal description submitted
under paragraph (1) shall have the same force and
effect as if included in this section, except that the
Secretary may correct any errors in the map and legal
description.
(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau
of Land Management; and
(B) the appropriate office of the Bureau of
Land Management in the State.
(f) Management.--
(1) In general.--The Secretary shall manage the
Management Area--
(A) in a manner that conserves, protects, and
enhances the purposes for which the Management
Area is established; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.); and
(iii) other applicable laws.
(2) Uses.--The Secretary shall allow only those uses
that are consistent with the purposes of the Management
Area, including hiking, camping, hunting, and
sightseeing and the use of motorized vehicles, mountain
bikes, and horses on designated routes in the
Management Area in a manner that--
(A) is consistent with the purpose of the
Management Area described in subsection (c);
(B) ensures public health and safety; and
(C) is consistent with all applicable laws
(including regulations), including the Desert
Renewable Energy Conservation Plan.
(3) Off-highway vehicle use.
(A) In general.--Subject to subparagraphs (B)
and (C) and all other applicable laws, the use
of off-highway vehicles shall be permitted on
routes in the Management Area as generally
depicted on the map.
(B) Closure.--The Secretary may close or
permanently reroute a portion of a route
described in subparagraph (A)--
(i) to prevent, or allow for
restoration of, resource damage;
(ii) to protect Tribal cultural
resources, including the resources
identified in the Tribal cultural
resources management plan developed
under section 705(d);
(iii) to address public safety
concerns; or
(iv) as otherwise required by law.
(C) Designation of additional routes.--During
the 3-year period beginning on the date of
enactment of this section, the Secretary--
(i) shall accept petitions from the
public regarding additional routes for
off-highway vehicles; and
(ii) may designate additional routes
that the Secretary determines--
(I) would provide significant
or unique recreational
opportunities; and
(II) are consistent with the
purposes of the Management
Area.
(4) Withdrawal.--Subject to valid existing rights,
all Federal land within the Management Area is
withdrawn from--
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) right-of-way, leasing, or disposition
under all laws relating to--
(i) minerals and mineral materials;
or
(ii) solar, wind, and geothermal
energy.
(5) No buffers.--The establishment of the Management
Area shall not--
(A) create a protective perimeter or buffer
zone around the Management Area; or
(B) preclude uses or activities outside the
Management Area that are permitted under other
applicable laws, even if the uses or activities
are prohibited within the Management Area.
(6) Notice of available routes.--The Secretary shall
ensure that visitors to the Management Area have access
to adequate notice relating to the availability of
designated routes in the Management Area through--
(A) the placement of appropriate signage
along the designated routes;
(B) the distribution of maps, safety
education materials, and other information that
the Secretary determines to be appropriate; and
(C) restoration of areas that are not
designated as open routes, including vertical
mulching.
(7) Stewardship.--The Secretary, in consultation with
Indian Tribes and other interests, shall develop a
program to provide opportunities for monitoring and
stewardship of the Management Area to minimize
environmental impacts and prevent resource damage from
recreational use, including volunteer assistance with--
(A) route signage;
(B) restoration of closed routes;
(C) protection of Management Area resources;
and
(D) recreation education.
(8) Protection of tribal cultural resources.--Not
later than 2 years after the date of enactment of this
section, the Secretary, in accordance with chapter 2003
of title 54, United States Code, and any other
applicable law, shall--
(A) prepare and complete a Tribal cultural
resources survey of the Management Area; and
(B) consult with the Quechan Indian Nation
and other Indian tribes demonstrating
ancestral, cultural, or other ties to the
resources within the Management Area on the
development and implementation of the Tribal
cultural resources survey under subparagraph
(A).
* * * * * * *
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 the 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. 604. MORMON PEAK MICROWAVE FACILITY.
The designation of the Death Valley National Park
Wilderness by section 601(a)(1) shall not preclude the
operation and maintenance of the Mormon Peak Microwave
Facility.
* * * * * * *
SEC. 705. NATIVE AMERICAN USES AND INTERESTS.
[(a) Access.--In recognition of the past use of the
National Park System units and wilderness areas designed under
this Act by Indian people for traditional cultural and
religious purposes, the Secretary shall ensure access to such
park system units and wilderness areas by Indian people for
such traditional cultural and religious purposes. In
implementing this section, the Secretary, upon the request of
an Indian tribe or Indian religious community, shall
temporarily close to the general public use of one or more
specific portions of the park system unit or wilderness area in
order to protect the privacy of traditional cultural and
religious activities in such areas by Indian people. 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 with respect to areas
designated as wilderness, the Wilderness Act (78 Stat. 890; 16
U.S.C. 1131).]
(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.
[(b)](c) Study.--
(1) The Secretary, in consultation with the Timbisha
Shoshone Tribe and relevant Federal agencies, shall
conduct a study, subject to the availability of
appropriations, to identify lands suitable for a
reservation for the Timbisha Shoshone Tribe that are
located within the Tribe's aboriginal homeland area
within and outside the boundaries of the Death Valley
National Monument and the Death Valley National Park,
as described in part A of this subchapter.
(2) Not later than 1 year after October 31, 1994, the
Secretary shall submit a report to the Committee on
Energy and Natural Resources and the Committee on
Indian Affairs of the United States Senate, and the
Committee on Natural Resources of the United States
House of Representatives on the results of the study
conducted under paragraph (1).
(d) Tribal Cultural Resources Management Plan.--
(1) In general.--Not later than 2 years after the
date of enactment of the California Desert Protection
and Recreation Act of 2018, the Secretary shall develop
and implement a Tribal 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 Tribal 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 Advisory Council on Historic
Preservation.
(3) Resource protection.--The Tribal cultural
resources management plan developed under paragraph (1)
shall--
(A) be based on a completed Tribal 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.).
(e) 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. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) Negotiations to Exchange.--[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]
(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') to exchange Federal lands or
interests therein on the list referred to in subsection
(b)(2) for California State School lands or interests
therein which are located within the boundaries of one
or more of the wilderness areas, national monuments,
off-highway vehicle recreation areas, or park system
units designated by this Act (hereinafter in this
section referred to as ``State School lands.''). [The
Secretary shall negotiate in good faith to]
(2) Agreement.--To the maximum extent practicable,
not later than 10 years after the date of enactment of
this title, the Secretary shall reach a land exchange
agreement consistent with the requirements of section
206 of the Federal Land Policy and Management Act of
1976.
(b) Preparation of List.--Within six months after October
31, 1994, the Secretary shall send to the Commission and to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives a list of the following:
(1) State School lands or interests therein
(including mineral interests) which are located within
the boundaries of the wilderness areas, national
monuments, off-highway vehicle recreation areas, or
park system units designated by this Act.
(2) Lands within the State of California under the
jurisdiction of the Secretary that the Secretary
determines to be suitable for disposal for exchange,
identified in the following priority
(A) lands with mineral interests, including
geothermal, which have the potential for
commercial development but which are not
currently under mineral lease or producing
Federal mineral revenues;
(B) Federal claims in California managed by
the Bureau of Reclamation that the Secretary
determines are not needed for any Bureau of
Reclamation project; and
(C) any public lands in California that the
Secretary, pursuant to the Federal Land Policy
and Management Act of 1976, has determined to
be suitable for disposal through exchange.
(3) Any other Federal land, or interest therein,
within the State of California, which is or becomes
surplus to the needs of the Federal Government. The
Secretary may exclude, in the Secretary's discretion,
lands located within, or contiguous to, the exterior
boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of
California.
(4) The Secretary shall maintain such list and shall
annually transmit such list to the Committee on Energy
and Natural Resources of the United States Senate and
the Committee on Natural Resources of the United States
House of Representatives until all of the State School
lands identified in paragraph (1) have been acquired.
(c) Disposal of Surplus Federal Property.--
(1) Effective upon October 31, 1994, and until all
State School lands identified in paragraph (b)(1) of
this section are acquired, no Federal lands or
interests therein within the State of California may be
disposed of from Federal ownership unless--
(A) the Secretary is notified of the
availability of such lands or interest therein;
(B) the Secretary has notified the Commission
of the availability of such lands or interests
therein for exchange; and
(C) the Commission has not notified the
Secretary within six months that it wishes to
consider entering into an exchange for such
lands or interests therein.
(2) If the Commission notifies the Secretary that it
wishes to consider an exchange for such lands or
interests therein, the Secretary shall attempt to
conclude such exchange in accordance with the
provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the
Commission, then upon notice to the head of the agency
having administrative jurisdiction over such lands or
interests therein, the Secretary shall be vested with
administrative jurisdiction over such land or interests
therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or
upon notice by the Commission to the Secretary that it
no longer has an interest in such lands or interests
therein, such lands or interests shall be released to
the agency that originally had jurisdiction over such
lands or interests for disposal in accordance with the
laws otherwise applicable to such lands or interests.
(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 further appropriation, to
acquire State school lands or interest in the
land consistent with this section.
(d) No Effect on Military Base Closures.-- The provisions
of this section shall not apply to the disposal of property
under title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 102 Stat.
2627; 10 U.S.C. 2687 note) or the Defense Base Closure and
Realignment Act of 1990 (Public Law 101-510; 104 Stat. 1808; 10
U.S.C. 2687 note).
* * * * * * *
[SEC. 711. DEFINITION.
[Any reference to the term ``this Act'' in titles I through
IX shall be deemed to be solely a reference to sections 1 and
2, and titles I through IX.]
SEC. 711. 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 Withdrawn from Energy
Development and Power Generation' on the map entitled `Juniper
Flats' and dated September 21, 2015.
* * * * * * *
SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK.
(a) In General.--On termination of all mining claims to the
land described in subsection (b), the Secretary shall transfer
the land described in that subsection to the State of
California.
(b) Description of Land.--The land referred to in
subsection (a) is certain Bureau of Land Management land in San
Diego County, California, comprising approximately 934 acres,
as generally depicted on the map entitled `Table Mountain
Wilderness Study Area Proposed Transfer to the State' and dated
July 15, 2009.
(c) Management.--Access
(1) In general.--The land transferred under
subsection (a) shall be managed in accordance with the
provisions of the California Wilderness Act (California
Public Resources Code sections 5093.30-5093.40).
(2) Withdrawal.--Subject to valid existing rights,
the land transferred under subsection (a) is withdrawn
from
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) disposition under all laws relating to
mineral and geothermal leasing.
(3) Reversion.--If the State ceases to manage the
land transferred under subsection (a) as part of the
State Park System or in a manner inconsistent with the
California Wilderness Act (California Public Resources
Code sections 5093.30-5093.40), the land shall revert
to the Secretary at the discretion of the Secretary, to
be managed as a Wilderness Study Area.
SEC. 713. WILDLIFE CORRIDORS.
(a) In General.--The Secretary shall--
(1) assess the impacts of habitat fragmentation on
wildlife in the California Desert 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
section, the Secretary shall complete a study regarding
the impact of habitat fragmentation on wildlife in the
California Desert Conservation Area.
(2) Components.--The study under paragraph (1)
shall--
(A) identify the species migrating, or likely
to migrate in the California Desert
Conservation Area;
(B) examine the impacts and potential impacts
of habitat fragmentation on--
(i) plants, insects, and animals;
(ii) soil;
(iii) air quality;
(iv) water quality and quantity; and
(v) 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 California Desert 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
California Desert 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 California
Desert Conservation Area the findings and recommendations of
the study completed under subsection (b).
SEC. 714. 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 the land and water conservation fund
established under section 200302 of title 54, United
States Code.
(2) Conservation area.--The term `Conservation Area'
means the California Desert Conservation Area.
(3) Conservation land.--The term `conservation land'
means any land within the Conservation Area that is
designated 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)).
(4) Donated land.--The term `donated land' means any
private land donated to the United States for
conservation purposes in the Conservation Area.
(5) Donor.--The term `donor' means an individual or
entity that donates private land within the
Conservation Area to the United States.
(6) Secretary.--The term `Secretary' means the
Secretary, acting through the Director of the Bureau of
Land Management.
(7) State.--The term `State' means the State of
California.
(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.),
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 section.
(e) Deed Restrictions.--Effective beginning on the date of
enactment of this section, 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.
* * * * * * *
SEC. 801. SHORT TITLE AND FINDINGS.
(a) Short Title.--This title may be cited as the
`California Military Lands Withdrawal and Overflights Act of
1994'.
(b) Findings.--The Congress finds that--
(1) military aircraft testing and training activities
as well as demilitarization activities in California
are an important part of the national defense system of
the United States, and are essential in order to secure
for the American people of this and future generations
an enduring and viable national defense system;
(2) the National Park System units, special
management areas, off-highway vehicle recreation areas,
scenic areas, and wilderness areas designated by this
Act lie within a region critical to providing training,
research, and development for the Armed Forces of the
United States and its allies;
(3) there is a lack of alternative sites available
for these military training, testing, and research
activities;
(4) continued use of the lands and airspace in the
California desert region is essential for military
purposes; and
(5) continuation of these military activities, under
appropriate terms and conditions, is not incompatible
with the protection and proper management of the
natural, environmental, cultural, and other resources
and values of the Federal lands in the California
desert area.''
SEC. 802. MILITARY OVERFLIGHTS.
(a) Overflights.--Nothing in this Act, the Wilderness Act,
or other land management laws generally applicable to the new
units of the National Park or Wilderness Preservation Systems
(or any additions to existing units), scenic areas, off-highway
vehicle recreation areas, or special management areas
designated by this Act, shall restrict or preclude low-level
overflights of military aircraft over such units, including
military overflights that can be seen or heard within such
units.
(b) Special Airspace.--Nothing in this Act, the Wilderness
Act, or other land management laws generally applicable to the
new units of the National Park or Wilderness Preservation
Systems (or any additions to existing units), scenic areas,
off-highway vehicle recreation areas, or special management
areas designated by this Act, shall restrict or preclude the
designation of new units of special airspace or the use or
establishment of military flight training routes over such new
park system or wilderness units.
(c) No Effect on Other Laws.--Nothing in this section shall
be construed to modify, expand, or diminish any authority under
other Federal law.
(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.
* * * * * * *
TITLE XIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS.
(a) In General.--
(1) 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:
(A) 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 Proposed OHV Recreation Area' and dated
February 22, 2018, which shall be known as the
`Dumont Dunes Off-Highway Vehicle Recreation
Area'.
(B) 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'.
(C) 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 February 22,
2018, which shall be known as the `Rasor Off-
Highway Vehicle Recreation Area'.
(D) 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 February 22, 2018, which shall be
known as the `Spangler Off-Highway Vehicle
Recreation Area'.
(E) 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 February 22, 2018, which shall be
known as the `Stoddard Valley Off-Highway
Vehicle Recreation Area'.
(2) 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 approximately 11,300
acres, as generally depicted on the map entitled
`Proposed Johnson Valley Off-Highway Vehicle Recreation
Area Additions' and dated March 15, 2018.
(b) Purpose.--The purpose of the off-highway vehicle
recreation areas designated or expanded under subsection (a) 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.
(c) 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 subsection (a) 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.
(d) 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
subsection (a), including off-highway
recreation, hiking, camping, hunting, mountain
biking, sightseeing, rockhounding, and
horseback riding, as long as the recreational
use is consistent with this section 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
subsection (a) 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 or expanded by subsection (a) in accordance
with--
(A) applicable Bureau of Land Management
guidelines; and
(B) State law.
(3) Prohibited uses.--
(A) In general.--Except as provided in
subparagraph
(B), 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
subsection (a) if the Secretary determines that
the development is incompatible with the
purpose described in subsection (b).
(B) Exception.--The Secretary may issue a
temporary permit to a commercial vendor to
provide accessories and other support for off-
highway vehicle use in an off-highway vehicle
recreation area designated or expanded by
subsection (a) for a limited period and
consistent with the purposes of the off-highway
vehicle recreation area and applicable laws.
(e) Administration.--
(1) In general.--The Secretary shall administer the
off-highway vehicle recreation areas designated or
expanded by subsection (a) 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 shall--
(i) amend existing resource
management plans applicable to the off-
highway vehicle recreation areas
designated or expanded by subsection
(a); or
(ii) develop new management plans for
each off-highway vehicle recreation
area designated or expanded 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 (b); and
(ii) any applicable laws (including
regulations).
(C) Interim plans.--Pending completion of a
new management plan under subparagraph (A), the
existing resource management plans shall govern
the use of the applicable off-highway vehicle
recreation area.
(f) Withdrawal.--Subject to valid existing rights, all
Federal land within the off-highway vehicle recreation areas
designated or expanded by subsection (a) is 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, or disposition under all
laws relating to mineral leasing, geothermal leasing,
or mineral materials.
(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 California
Desert Conservation Area that is suitable for addition
to the off-highway vehicle recreation areas designated
or expanded by subsection (a).
(2) Study areas.--The study required under paragraph
(1) shall include--
(A) certain Bureau of Land Management land in
the California Desert Conservation Area,
comprising approximately 41,000 acres, as
generally depicted on the map entitled
`Spangler Hills Proposed Expansion Study Area'
and dated March 9, 2018;
(B) certain Bureau of Land Management land in
the California Desert Conservation Area,
comprising approximately 680 acres, as
generally depicted on the map entitled `El
Mirage Proposed Expansion Study Area' and dated
February 22, 2018; and
(C) certain Bureau of Land Management land in
the California Desert Conservation Area,
comprising approximately 10,130 acres, as
generally depicted on the map entitled `Johnson
Valley Proposed Expansion Study 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) identify and exclude from consideration
any land that--
(i) is managed for conservation
purposes;
(ii) may be suitable for renewable
energy development; or
(iii) may be necessary for energy
transmission; and
(C) not recommend or approve expansion of
off-highway recreation areas within the
California Desert Conservation Area that
collectively would exceed the total acres
administratively designated for off-highway
recreation within the California Desert
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 or expanded by subsection (a) on the
California Desert 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 (including
regulations), plan, and the Desert Renewable
Energy Conservation Plan.
(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.
(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 National Off-
Highway Vehicle Recreation Area; or
(iii) the Stoddard Valley National
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'; or
(II) `Patio, Jack Ranch, and
Kenworth distribution circuits
or rights-of-way'; or
(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 National Off-
Highway Vehicle Recreation Area; or
(iii) the Stoddard Valley National
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 National 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'; or
(II) `Gas Transmission Line
372 or rights-of-way'; or
(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 National 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 XIV--ALABAMA HILLS SCENIC AREA
SEC. 1401. DEFINITIONS.
In this title:
``(1) Management plan.--The term `management plan'
means the management plan for the Scenic Area developed
under section 1403(a).
(2) Map.--The term `Map' means the map entitled
`Proposed Alabama Hills National Scenic Area' and dated
September 8, 2014.
(3) Motorized vehicle.--The term `motorized vehicle'
means a motorized or mechanized vehicle and includes,
when used by a utility, mechanized equipment, a
helicopter, and any other aerial device necessary to
maintain electrical or communications infrastructure.
(4) Scenic area.--The term `Scenic Area' means the
Alabama Hills Scenic Area established by section
1402(a).
(5) State.--The term `State' means the State of
California.
(6) Tribe.--The term `Tribe' means the Lone Pine
Paiute-Shoshone Tribe.
SEC. 1402. ALABAMA HILLS SCENIC AREA, CALIFORNIA.
(a) Establishment.--Subject to valid existing rights, there
is established in Inyo County, California, the Alabama Hills
Scenic Area, to be comprised of the approximately 18,610 acres
generally depicted on the Map as `National Scenic Area'.
(b) Purpose.--The purpose of the 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 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 Descriptions.
(1) In general.--As soon as practicable after the
date of enactment of this title, the Secretary shall
file a map and a legal description of the 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 title, 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 the Bureau of Land
Management.
(d) Administration.--The Secretary shall manage the Scenic
Area--
(1) as a component of the National Landscape
Conservation System;
(2) so as not to impact the future continuing
operation 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 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 title; and
(C) any other applicable laws.
(e) Management.--
(1) In general.--The Secretary shall allow only such
uses of the Scenic Area as the Secretary determines
would further the purposes of the Scenic Area as
described in subsection (b).
(2) Recreational activities.--Except as otherwise
provided in this title 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 Scenic Area to continue,
including hiking, mountain biking, rock climbing,
sightseeing, horseback riding, hunting, fishing, and
appropriate authorized motorized vehicle use in
accordance with paragraph (3).
(3) Motorized vehicles.--Except as otherwise
specified in this title, or as necessary for
administrative purposes or to respond to an emergency,
the use of motorized vehicles in the Scenic Area shall
be permitted only on--
(A) roads and trails designated by the
Secretary for use of motorized vehicles as part
of a management plan sustaining a semiprimitive
motorized experience; or
(B) county-maintained roads in accordance
with applicable State and county laws.
(f) No Buffer Zones.--
(1) In general.--Nothing in this title creates a
protective perimeter or buffer zone around the Scenic
Area.
(2) Activities outside scenic area.--The fact that an
activity or use on land outside the Scenic Area can be
seen or heard within the Scenic Area shall not preclude
the activity or use outside the boundaries of the
Scenic Area.
(g) Access. The Secretary shall provide private landowners
adequate access to inholdings in the Scenic Area.
(h) Filming.--Nothing in this title prohibits filming
(including commercial film production, student filming, and
still photography) within the 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 title affects the
jurisdiction or responsibilities of the State with respect to
fish and wildlife.
(j) Livestock.--The grazing of livestock in the Scenic
Area, including grazing under the Alabama Hills allotment and
the George Creek allotment, as established before the date of
enactment of this title, 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) Withdrawal.--Subject to the provisions of this title
and valid rights in existence on the date of enactment of this
title, including rights established by prior withdrawals, the
Federal land within the 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.
(l) Wildland Fire Operations.--Nothing in this title
prohibits the Secretary, in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting
wildland fire operations in the Scenic Area, consistent with
the purposes described in subsection (b).
(m) Cooperative Agreements.--The Secretary may 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 Scenic Area.
(n) Utility Facilities and Rights-of-way.--
(1) Effect of title.--Nothing in this title--
(A) affects the existence, use, operation,
maintenance (including vegetation control),
repair, construction, reconfiguration,
expansion, inspection, renewal, reconstruction,
alteration, addition, relocation, improvement,
funding, removal, or replacement of any utility
facility or appurtenant right-of-way within or
adjacent to the Scenic Area;
(B) subject to subsection (e), affects
necessary or efficient access to utility
facilities or rights-of-way within or adjacent
to the Scenic Area; and
(C) precludes the Secretary from authorizing
the establishment of new utility facility
rights-of-way (including instream sites,
routes, and areas) within the Scenic Area in a
manner that minimizes harm to the purpose of
the Scenic Area as described in subsection
(b)--
(i) in accordance 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) that 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 Scenic Area.
(2) Management plan.--Consistent with this title, the
Management Plan shall establish plans for maintenance
of public utility and other rights-of-way within the
Scenic Area.
SEC. 1403. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of
enactment of this title, in accordance with subsections (b) and
(c), the Secretary shall develop a comprehensive plan for the
long-term management of the Scenic Area.
(b) Consultation.--In developing the management plan, the
Secretary shall consult with--
(1) appropriate State, Tribal, and local governmental
entities, including Inyo County, the Los Angeles
Department of Water and Power, and the Tribe;
(2) utilities, including Southern California Edison
Company;
(3) the Alabama Hills Stewardship Group; and
(4) members of the public.
(c) Requirement.--In accordance with this title, the
management plan shall establish plans for maintenance of public
utility and other rights-of-way within the Scenic Area.
(d) Incorporation.--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 Scenic Area in
accordance with section 1402(b).
SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
(a) Trust Land.--As soon as practicable after the date of
enactment of this title, the Secretary shall take the
approximately 132 acres of Federal land depicted on the Map as
`Lone Pine Paiute-Shoshone Reservation Addition' into trust for
the benefit of the Tribe, subject to the conditions that--
(1) the land shall be subject to all easements,
covenants, conditions, restrictions, withdrawals, and
other matters of record in existence on the date of
enactment of this title; and
(2) the Federal land 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 (34 Stat. 801, chapter 3926), shall not be taken
into trust for the Tribe.
(b) Reservation Land.--The land taken into trust pursuant
to subsection (a) shall be considered to be a part of the
reservation of the Tribe.
(c) Gaming Prohibition.--Land taken into trust under
subsection (a) shall not be eligible, or considered to have
been taken into trust, for gaming (within the meaning of the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION.
Administrative jurisdiction over the approximately 40 acres
of Federal land depicted on the Map as `USFS Transfer to BLM'
is transferred from the Forest Service to the Bureau of Land
Management.
SEC. 1406. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.
(a) Effect of Title.--Nothing in this title limits the
provision of any commercial service for existing or historic
recreation use, as authorized by the permit process of the
Bureau of Land Management.
(b) Guided Recreational Opportunities.--Any valid existing
commercial permit to exercise guided recreational opportunities
for the public may continue as authorized on the day before the
date of enactment of this title.
* * * * * * *
WILD AND SCENIC RIVERS ACT
Public Law 90-542, as amended
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
* * * * * * *
(196) Amargosa river, california.--The following
segments of the Amargosa River in the State of
California, to be administered by the Secretary of the
Interior:
[(A) The approximately 4.1-mile segment of
the Amargosa River from the northern boundary
of sec. 7, T. 21 N., R. 7 E., to 100 feet
upstream of the Tecopa Hot Springs road
crossing, as a scenic river.]
(A) 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.
(B) The approximately 8-mile segment of the
Amargosa River from 100 feet downstream of the
Tecopa Hot Springs Road crossing to 100 feet
upstream of the Old Spanish Trail Highway
crossing near Tecopa, as a scenic river.
(C) The approximately 7.9-mile segment of the
Amargosa River from the northern boundary of
sec. 16, T. 20 N., R. 7 E., to .25 miles
upstream of the confluence with Sperry Wash in
sec. 10, T. 19 N., R. 7 E., as a wild river.
(D) The approximately 4.9-mile segment of the
Amargosa River from .25 miles upstream of the
confluence with Sperry Wash in sec. 10, T. 19
N., R. 7 E. to 100 feet upstream of the Dumont
Dunes access road crossing in sec. 32, T. 19
N., R. 7 E., as a recreational river.
(E) The approximately 1.4-mile segment of the
Amargosa River from 100 feet downstream of the
Dumont Dunes access road crossing in sec. 32,
T. 19 N., R. 7 E., as a recreational river.
* * * * * * *
(214) 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:
(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 N.,
R. 44 E., 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.
(215) 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., 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., 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.
(216) 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.,
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., to the
section line between sections 33 and 34, T. 1
S., R. 2 E., 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., 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., as a recreational river.
* * * * * * *
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