[House Report 116-386]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      116-386

======================================================================



 
              RIM OF THE VALLEY CORRIDOR PRESERVATION ACT

                                _______
                                

February 4, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1708]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1708) to adjust the boundary of the Santa Monica 
Mountains National Recreation Area to include the Rim of the 
Valley Corridor, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Rim of the Valley Corridor 
Preservation Act''.

SEC. 2. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.

  (a) Boundary Adjustment.--Section 507(c)(1) of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the first 
sentence by striking ``, which shall'' and inserting ``and generally 
depicted as `Rim of the Valley Unit Proposed Addition' on the map 
entitled `Rim of the Valley Unit--Santa Monica Mountains National 
Recreation Area', numbered 638/147,723, and dated September 2018. Both 
maps shall''.
  (b) Rim of the Valley Unit.--Section 507 of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the 
end the following:
  ``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the 
date of the enactment of this subsection, the Secretary shall update 
the general management plan for the recreation area to reflect the 
boundaries designated on the map referred to in subsection (c)(1) as 
the `Rim of the Valley Unit' (hereafter in the subsection referred to 
as the `Rim of the Valley Unit'). Subject to valid existing rights, the 
Secretary shall administer the Rim of the Valley Unit and any land or 
interest in land acquired by the United States and located within the 
boundaries of the Rim of the Valley Unit, as part of the recreation 
area in accordance with the provisions of this section and applicable 
laws and regulations.
  ``(2) The Secretary may acquire non-Federal land within the 
boundaries of the Rim of the Valley Unit only through exchange, 
donation, or purchase from a willing seller. Nothing in this subsection 
authorizes the use of eminent domain to acquire land or interests in 
land.
  ``(3) Nothing in this subsection or the application of the management 
plan for the Rim of the Valley Unit shall be construed to--
          ``(A) modify any provision of Federal, State, or local law 
        with respect to public access to or use of non-Federal land;
          ``(B) create any liability, or affect any liability under any 
        other law, of any private property owner or other owner of non-
        Federal land with respect to any person injured on private 
        property or other non-Federal land;
          ``(C) affect the ownership, management, or other rights 
        relating to any non-Federal land (including any interest in any 
        non-Federal land);
          ``(D) require any local government to participate in any 
        program administered by the Secretary;
          ``(E) alter, modify, or diminish any right, responsibility, 
        power, authority, jurisdiction, or entitlement of the State, 
        any political subdivision of the State, or any State or local 
        agency under existing Federal, State, and local law (including 
        regulations);
          ``(F) require the creation of protective perimeters or buffer 
        zones and the fact that certain activities or land can be seen 
        or heard from within the Rim of the Valley Unit shall not, of 
        itself, preclude the activities or land uses up to the boundary 
        of the Rim of the Valley Unit;
          ``(G) require or promote use of, or encourage trespass on, 
        lands, facilities, and rights-of-way owned by non-Federal 
        entities, including water resource facilities and public 
        utilities, without the written consent of the owner;
          ``(H) affect the operation, maintenance, modification, 
        construction, or expansion of any water resource facility or 
        utility facility located within or adjacent to the Rim of the 
        Valley Unit;
          ``(I) terminate the fee title to lands or customary 
        operation, maintenance, repair, and replacement activities on 
        or under such lands granted to public agencies that are 
        authorized pursuant to Federal or State statute;
          ``(J) interfere with, obstruct, hinder, or delay the exercise 
        of any right to, or access to any water resource facility or 
        other facility or property necessary or useful to access any 
        water right to operate any public water or utility system;
          ``(K) require initiation or reinitiation of consultation with 
        the United States Fish and Wildlife Service under, or the 
        application of provisions of, the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of 
        subtitle III of title 54, United States Code, concerning any 
        action or activity affecting water, water rights or water 
        management or water resource facilities within the Rim of the 
        Valley Unit; or
          ``(L) limit the Secretary's ability to update applicable fire 
        management plan, which may consider fuels management strategies 
        including managed natural fire, prescribed fires, non-fire 
        mechanical hazardous fuel reduction activities, or post-fire 
        remediation of damage to natural and cultural resources.
  ``(4) The activities of a utility facility or water resource facility 
shall take into consideration ways to reasonably avoid or reduce the 
impact on the resources of the Rim of the Valley Unit.
  ``(5) For the purpose of paragraph (4)--
          ``(A) the term `utility facility' means electric substations, 
        communication facilities, towers, poles, and lines, ground 
        wires, communications circuits, and other structures, and 
        related infrastructure; and
          ``(B) the term `water resource facility' means irrigation and 
        pumping facilities; dams and reservoirs; flood control 
        facilities; water conservation works, including debris 
        protection facilities, sediment placement sites, rain gages, 
        and stream gauges; water quality, recycled water, and pumping 
        facilities; conveyance distribution systems; water treatment 
        facilities; aqueducts; canals; ditches; pipelines; wells; 
        hydropower projects; transmission facilities; and other 
        ancillary facilities, groundwater recharge facilities, water 
        conservation, water filtration plants, and other water 
        diversion, conservation, groundwater recharge, storage, and 
        carriage structures.''.

                          Purpose of the Bill

    The purpose of H.R. 1708 is to adjust the boundary of the 
Santa Monica Mountains National Recreation Area to include the 
Rim of the Valley Corridor, and for other purposes.

                  Background and Need for Legislation

    The Santa Monica Mountains National Recreation Area 
(SMMNRA) is the world's largest urban national park,\1\ 
comprising nearly 154,000 acres between downtown Los Angeles 
and the Pacific Ocean. Currently, California State Parks owns 
roughly 42,000 acres of the SMMNRA, the National Park Service 
(NPS) manages approximately 23,600 acres,\2\ and the remainder 
of the SMMNRA lands include local agency parks, university 
study reserves, and private conservation easements.
---------------------------------------------------------------------------
    \1\Frequently Asked Questions Santa Monica Mountains National 
Recreation Area, Nat'l Park Serv., https://www.nps.gov/samo/faqs.htm 
(last updated Feb. 3, 2017).
    \2\Park Statistics--Santa Monica Mountains National Recreation 
Area, Nat'l Park Serv., https://www.nps.gov/samo/learn/management/
statistics.htm (last updated Sept. 25, 2018).
---------------------------------------------------------------------------
    In 2008, Congress passed the Consolidated Natural Resources 
Act of 2008,\3\ directing the NPS to conduct a special resource 
study of the Rim of the Valley Corridor, which generally 
includes the mountains encircling the San Fernando, La 
Crescenta, Santa Clarita, Simi, and Conejo Valleys.\4\ The 
study sought to determine the suitability and feasibility of 
designating all or a portion of the Rim of the Valley Corridor 
as a unit of the existing SMMNRA. The special resource study 
found nationally significant resources within the Corridor, 
including outstanding examples of geologic history, a diversity 
of marine and terrestrial paleontological resources, high 
biodiversity, abundant archaeological resources, and 
unparalleled recreational opportunities.\5\ In order to protect 
these resources, the study recommended expanding the boundaries 
of the SMMNRA by approximately 170,000 acres to include 
portions of the Los Angeles River and Arroyo Seco corridors, 
the Verdugo Mountains-San Rafael Hills, the San Gabriel 
Mountains foothills, the Simi Hills, the Santa Susana 
Mountains, and the Conejo Mountain area.\6\
---------------------------------------------------------------------------
    \3\Pub. L. No. 110-229, 122 Stat. 754 (2008), https://
uscode.house.gov/statutes/pl/110/229.pdf.
    \4\Id. Sec. 327, 122 Stat. at 780.
    \5\Nat'l Park Serv., Rim of the Valley Corridor Special Resource 
Study Final Summary (2016), https://parkplanning.nps.gov/
document.cfm?parkID=422&projectID=31945&documentID =70887.
    \6\Id. at 6.
---------------------------------------------------------------------------
    H.R. 1708 enacts and expands upon the recommendations of 
this special resource study, extending the existing SMMNRA 
boundary by approximately 191,000 acres, to enhance NPS's 
management of the unique resources in the Rim of the Valley 
Corridor. The addition of 21,000 acres beyond NPS's study 
recommendations are driven at the request of the City of Santa 
Clarita and by years of conversations and town hall meetings 
between Representative Adam Schiff (D-CA) and community members 
in areas that were not considered within the scope of the 
original NPS study. Representative Schiff has long championed 
these protections and has carried similar legislation every 
Congress since the 114th.
    Resources and history currently interpreted and protected 
at the SMMNRA--such as Native American history and prehistory, 
endangered habitat areas such as the Mediterranean chaparral 
ecosystem, and unique cultural resources related to the Cold 
War and space exploration--are expanded by including this 
additional acreage. The bill also provides local communities in 
Los Angeles County, one of the most park-poor urban areas in 
the nation, with improved access to open spaces for 
recreational and educational purposes.
    H.R. 1708 has received significant local support from the 
councils of surrounding cities and counties,\7\ numerous local 
homeowners' organizations,\8\ and local and national 
conservation, historical preservation, and environmental 
organizations.\9\
---------------------------------------------------------------------------
    \7\City of Los Angeles, Ventura County, City of Agoura Hills, City 
of Santa Clarita, City of Thousand Oaks, City of Calabasas, and City of 
Moorpark.
    \8\Las Virgenes Homeowners Federation, Inc.; Westhills Homeowners 
Association, Inc.; Oak Forest Homeowners Association; and Monte Nido 
Valley Community Association.
    \9\Santa Monica Mountains Conservancy, National Park Conservation 
Association, California Wilderness Coalition (CalWild), Natural 
Resources Defense Council, The City Project, and Santa Clarita Valley 
Historical Society.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 1708 was introduced on March 13, 2019, by 
Representative Adam B. Schiff (D-CA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On April 2, 2019, the Subcommittee held a hearing 
on the bill. On November 20, 2019, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Chair Ral M. Grijalva (D-AZ) 
offered an amendment in the nature of a substitute. 
Representative Russ Fulcher (R-ID) offered an amendment 
designated Fulcher #1 to the amendment in the nature of a 
substitute. The amendment was not agreed to by a roll call vote 
of 13 yeas and 20 nays, as follows:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Representative Fulcher offered an amendment designated 
Fulcher #2 to the amendment in the nature of a substitute. The 
amendment was not agreed to by a roll call vote of 16 yeas and 
17 nays, as follows:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    The amendment in the nature of a substitute offered by 
Chair Grijalva was agreed to by voice vote. The bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by a roll call vote of 20 yeas and 13 
nays, as follows:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of section 103(i) of H.Res. 6 of the 116th 
Congress--the following hearing was used to develop or consider 
H.R. 1708: legislative hearing by the Subcommittee on National 
Parks, Forests, and Public Lands held on April 2, 2019.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 23, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1708, the Rim of 
the Valley Corridor Preservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sofia Guo.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1708 would require the National Park Service (NPS) to 
expand the boundaries of the Santa Monica Mountains National 
Recreation Area to include the area known as the Rim of the 
Valley Corridor Unit, as defined in the bill. The bill also 
would require the NPS to update the general management plan and 
administer the expanded areas, and it would authorize the NPS 
to acquire nonfederal land within the new boundaries.
    According to the NPS, acquiring land within the expanded 
boundary area probably would not occur over the next five years 
because land acquisition typically occurs over a long period of 
time. In addition, the NPS expects that existing plans for 
updating the park management plan would satisfy the 
requirements under the bill. On that basis, CBO estimates that 
implementing H.R. 1708 would have no significant costs over the 
2020-2024 period.
    On January 23, 2020, CBO transmitted a cost estimate for S. 
774, the Rim of the Valley Corridor Preservation Act, as 
reported by the Senate Committee on Energy and Natural 
Resources on December 18, 2019. H.R. 1708 and S. 774 are 
similar and CBO's estimated costs are the same.
    The CBO staff contact for this estimate is Sofia Guo. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to adjust the boundary of the Santa 
Monica Mountains National Recreation Area to include the Rim of 
the Valley Corridor.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    This bill contains no unfunded mandates.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               NATIONAL PARKS AND RECREATION ACT OF 1978



           *       *       *       *       *       *       *
           SANTA MONICA MOUNTAINS NATIONAL RECREATIONAL AREA

  Sec. 507.(a) The Congress finds that--
  (1) there are significant scenic, recreational, educational, 
scientific, natural, archeological, and public health benefits 
provided by the Santa Monica Mountains and adjacent coastline 
area;
  (2) there is a national interest in protecting and preserving 
these benefits for the residents of and visitors to the area; 
and
  (3) the State of California and its local units of government 
have authority to prevent or minimize adverse uses of the Santa 
Monica Mountains and adjacent coastline area and can, to a 
great extent, protect the health, safety, and general welfare 
by the use of such authority.
  (b) There is hereby established the Santa Monica Mountains 
National Recreation Area (hereinafter referred to as the 
``recreation area''). The Secretary shall manage the recreation 
area in a manner which will preserve and enhance its scenic, 
natural, and historical setting and its public health value as 
an airshed for the Southern California metropolitan area while 
providing for the recreational and educational need of the 
visiting public.
  (c)(1) The recreation area shall consist of the lands and 
waters and interests generally depicted as the recreation area 
on the map entitled ``Santa Monica Mountains National 
Recreation Area and Santa Monica Mountains Zone, California, 
Boundary Map'', numbered 80,047-C and dated August 200l[, which 
shall] and generally depicted as ``Rim of the Valley Unit 
Proposed Addition'' on the map entitled ``Rim of the Valley 
Unit--Santa Monica Mountains National Recreation Area'', 
numbered 638/147,723, and dated September 2018. Both maps shall 
be on file and available for inspection in the offices of the 
National Park Service, Department of the Interior, Washington, 
District of Columbia, and in the offices of the General 
Services Administration in the Federal Office Building in West 
Los Angeles, California, and in the main public library in 
Ventura, California. After advising the Committee on Resources 
of the United States House of Representatives and the Committee 
on Energy and Natural Resources of the United States Senate, in 
writing, the Secretary may make minor revisions of the 
boundaries of the recreation area when necessary by publication 
of a revised drawing or other boundary description in the 
Federal Register.
  (2)(A) Not later than ninety days after November 10, 1978, 
the Secretary, after consultation with the Governor of the 
State of California, the California Coastal Commission, and the 
Santa Monica Mountains Comprehensive Planning Commission, shall 
commence acquisition of lands, improvements, waters, or 
interests therein within the recreation area. Such acquisition 
may be by donation, purchase with donated or appropriated 
funds, transfer from any Federal agency, exchange, or 
otherwise. Except as provided in subparagraph (B), any lands or 
interests therein owned by the State of California or any 
political subdivision thereof (including any park district or 
other public entity) may be acquired only by donation, except 
that such lands acquired after November 10, 1978, by the State 
of California or its political subdivisions may be acquired by 
purchase or exchange if the Secretary determines that the lands 
were acquired for purposes which further the national interest 
in protecting the area and that the purchase price or value on 
exchange does not exceed fair market value on the date that the 
State acquired the land or interest: Provided, however, That 
the value of any lands acquired by the Secretary under the 
exception in this sentence shall be deducted from the amount of 
moneys available for grants to the State under subsection (n) 
of this section. Lands within the "Wildlife Corridor Expansion 
Zone" identified on the boundary map referred to in paragraph 
(1) may be acquired only by donation or with donated funds. 
Notwithstanding any other provision of law, any Federal 
property located within the boundaries of the recreation area 
shall, with the concurrence of the head of the agency having 
custody thereof, be transferred without cost, to the 
administrative jurisdiction of the Secretary for the purposes 
of the recreation area.
  (B) The Secretary shall negotiate, and carry out, and 
exchange with the city of Los Angeles (acting through its 
department of water and power) certain federally owned lands 
managed by the Bureau of Land Management in the vicinity of the 
Haiwee Reservoir in Inyo County for certain lands owned by the 
city of Los Angeles which are associated with the Upper 
Franklin Reservoir in the city of Los Angeles. Lands acquired 
by the Secretary pursuant to such exchange shall be transferred 
without cost to the administrative jurisdiction of the National 
Park Service for inclusion within the recreation area. The 
Secretary shall include in such exchange a provision for an 
easement to be granted to the city of Los Angeles for the 
existing water pipeline associated with the Upper Franklin 
Reservoir and for the city of Los Angeles to provide for 
replacement water to maintain the water elevations of the 
Franklin Reservoir to the current levels. The values of lands 
exchanged under this provision shall be equal, or shall be 
equalized, in the same manner as provided in section 1716 of 
title 43.
  (C) The city shall assume full responsibility for the 
protection of cultural resources and shall develop a cultural 
resource management program for the public lands to be 
transferred to the city in the vicinity of the Haiwee 
Reservoir. The program shall be developed in consultation with 
the Secretary of the Interior, the California State Historic 
Preservation Officer, and the Advisory Council on Historic 
Preservation.
  (3) The Administrator of the General Services Administration 
is hereby authorized and directed to transfer the site 
generally known as Nike Site 78 to the Secretary for inclusion 
in the recreation area: Provided, That the county of Los 
Angeles shall be permitted to continue to use without charge 
the facilities together with sufficient land as in the 
determination of the Secretary shall be necessary to continue 
to maintain and operate a fire suppression and training 
facility and shall be excused from payment for any use of the 
land and facilities on the site prior to November 10, 1978. At 
such time as the county of Los Angeles, California, 
relinquishes control of such facilities and adjacent land or 
ceases the operation of the fire suppression and training 
facility, the land and facilities shall be managed by the 
Secretary as a part of the recreation area.
  (d)(1) Within six months after November 10, 1978, the 
Secretary shall identify the lands, waters, and interests 
within the recreation area which must be acquired and held in 
public ownership for the following critical purposes: 
preservation of beaches and coastal uplands; protection of 
undeveloped inland stream drainage basins; connection of 
existing State and local government parks and other publicly 
owned lands to enhance their potential for public recreation 
use; protection of existing park roads and scenic corridors, 
including such right-of-way as is necessary for the protection 
of the Mulholland Scenic Parkway Corridor; protection of the 
public health and welfare; and development and interpretation 
of historic sites and recreation areas in connection therewith, 
to include, but not be limited to, parks, picnic areas, scenic 
overlooks, hiking trails, bicycle trails, and equestrian 
trails. The Secretary may from time to time revise the 
identification of such areas, and any such revisions shall 
become effective in the same manner as herein provided for 
revisions in the boundaries of the recreation area.
  (2) By January 1, 1980, the Secretary shall submit, in 
writing, to the committees referred to in subsection (c) and to 
the Committees on Appropriations of the United States Congress 
a detailed plan which shall indicate--
          (A) the lands and areas identified in paragraph (1),
          (B) the lands which he has previously acquired by 
        purchase, donation, exchange, or transfer for the 
        purpose of this recreation area,
          (C) he annual acquisition program (including the 
        level of funding) recommended for the ensuing five 
        fiscal years, and
          (D) the final boundary map for the recreation area.
  (e) With respect to improved properties, as defined in this 
section, fee title shall not be acquired unless the Secretary 
finds that such lands are being used, or are threatened with 
uses, which are detrimental to the purposes of the recreation 
area, or unless each acquisition is necessary to fulfill the 
purposes of this section. The Secretary may acquire scenic 
easements to such improved property or such other interests as, 
in his judgment are necessary for the purposes of the 
recreation area.
  (f) For the purposes of this section, the term ``improved 
property'' means--
  (1) a detached single-family dwelling, the construction of 
which was begun before January 1, 1978 (hereafter referred to 
as ``dwelling''), together with so much of the land on which 
the dwelling is situated as is in the same ownership as the 
dwelling and as the Secretary designates to be reasonably 
necessary for the enjoyment of the dwelling for the sole 
purpose of noncommercial residential use, together with any 
structures necessary to the dwelling which are situated on the 
land so designated, and
  (2) property developed for agricultural uses, together with 
any structures accessory thereto as were used for agricultural 
purposes on or before January 1, 1978.
In determining when and to what extent a property is to be 
treated as ``improved property'' for purposes of this section, 
the Secretary shall take into consideration the manner of use 
of such buildings and lands prior to January 1, 1978, and shall 
designate such lands as are reasonably necessary for the 
continued enjoyment of the property in the same manner and to 
the same extent as existed prior to such date.
  (g) The owner of an improved property, as defined in this 
section, on the date of its acquisition, as a condition of such 
acquisition, may retain for herself or himself, her or his 
heirs and assigns, a right of use and occupancy of the improved 
property for noncommercial residential or agriculture purposes, 
as the case may be, for a definite term of not more than 
twenty-five years, or, in lieu thereof, for a term ending at 
the death of the owner or the death of her or his spouse, 
whichever is later. The owner shall elect the term to be 
reserved. Unless the property is wholly or partially donated, 
the Secretary shall pay to the owner the fair market value of 
the property on the date of its acquisition, less the fair 
market value on that date of the right retained by the owner. A 
right retained by the owner pursuant to this section shall be 
subject to termination by the Secretary upon his determination 
that it is being exercised in a manner inconsistent with the 
purposes of this section, and it shall terminate by operation 
of law upon notification by the Secretary to the holder of the 
right of such determination and tendering to him the amount 
equal to the fair market value of that portion which remains 
unexpired.
  (h) In exercising the authority to acquire property under 
this section, the Secretary shall give prompt and careful 
consideration to any offer made by an individual owning 
property within the recreation area to sell such property, if 
such individual notifies the Secretary that the continued 
ownership of such property is causing, or would result in, 
undue hardship.
  (i) The Secretary shall administer the recreation area in 
accordance with this Act and provisions of laws generally 
applicable to units of the National Park System, including the 
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.). In 
the administration of the recreation area, the Secretary may 
utilize such statutory authority available for the conservation 
and management of wildlife and natural resources as appropriate 
to carry out the purpose of this section. The fragile resource 
areas of the recreation area shall be administered on a low-
intensity basis, as determined by the Secretary.
  (j) The Secretary may enter into cooperative agreements with 
the State of California, or any political subdivision thereof, 
for the rendering, on a reimbursable basis, of rescue, 
firefighting, and law enforcement services and cooperative 
assistance by nearby law enforcement and fire preventive 
agencies.
  (k) Notwithstanding any other provision of law, the Secretary 
is authorized to accept donations of funds, property, or 
services from individuals, foundations, corporations, or public 
entities for the purpose of land acquisition and providing 
services and facilities which the Secretary deems consistent 
with the purposes of this section.
  (l) By January 1, 1981, the Santa Monica Mountains National 
Recreation Area Advisory Commission, established by this 
section, shall submit a report to the Secretary which shall--
  (1) assess the capability and willingness of the State of 
California and the local units of government to manage and 
operate the recreation area,
  (2) recommend any changes in ownership, management, and 
operation which would better accomplish the purposes of this 
section, and
  (3) recommend any conditions, joint management agreements, or 
other land use mechanisms to be contingent on any transfer of 
land.
  (m) The Secretary, after giving careful consideration to the 
recommendations set forth by the Advisory Commission, shall, by 
January 1, 1982, submit a report to the committees referred to 
in subsection (c) which shall incorporate the recommendations 
of the Advisory Commission as well as set forth the Secretary's 
recommendations. Such report shall--
  (1) assess the benefits and costs of continued management as 
a unit of the National Park System,
  (2) assess the capability and willingness of the State of 
California and the local units of government to manage and 
operate the recreation area, and
  (3) recommend any changes in ownership, management, and 
operation which would better accomplish the purposes of this 
section.
  (n)(1) The Secretary shall request the Santa Monica Mountains 
Comprehensive Planning Commission to submit a comprehensive 
plan, prepared in accord with this section and title 7.75 of 
the California Government Code (commencing with section 67450), 
for the Santa Monica Mountains Zone generally depicted on the 
map referred to in subsection (c) of this section for approval.
  (2) The comprehensive plan shall include, in addition to the 
requirements of California State law--
          (A) an identification and designation of public and 
        private uses which are compatible with and which would 
        not significantly impair the significant scenic, 
        recreational, educational, scientific, natural, 
        archeological, and public health benefits present in 
        the zone and which would not have an adverse impact on 
        the recreation area or on the air quality of the south 
        coast air basin;
          (B) a specific minimum land acquisition program which 
        shall include, but not be limited to, fee and less than 
        fee acquisition of strategic and critical sites not to 
        be acquired by the Federal Government for public 
        recreational and other related uses; and a program for 
        the complementary use of State and local authority to 
        regulate the use of lands and waters within the Santa 
        Monica Mountains Zone to the fullest extent practicable 
        consistent with the purposes of this section; and
          (C) a recreation transportation system which may 
        include but need not be limited to existing public 
        transit.
  (3) No plan submitted to the Secretary under this section 
shall be approved unless the Secretary finds the plan 
consistent with paragraph (2) and finds that--
          (A) the planning commission has afforded adequate 
        opportunity, including public hearings, for public 
        involvement in the preparation and review of the plan, 
        and public comments were received and considered in the 
        plan or revision as presented to him;
          (B) the State and local units of government 
        identified in the plan as responsible for implementing 
        its provisions have the necessary authority to 
        implement the plan and such State and local units of 
        government have indicated their intention to use such 
        authority to implement the plan;
          (C) the plan, if implemented, would preserve 
        significant natural, historical, and archeological 
        benefits and, consistent with such benefits, provide 
        increased recreational opportunities for persons 
        residing in the greater Los Angeles-southern California 
        metropolitan area; and
          (D) implementation of the plan would not have a 
        serious adverse impact on the air quality or public 
        health of the greater Los Angeles region.
Before making his findings on the air quality and public health 
impacts of the plan, the Secretary shall consult with the 
Administrator of the Environmental Protection Agency.
  (4) Following approval of the plan with respect to the Santa 
Monica Mountains Zone, upon receipt of adequate assurances that 
all aspects of that jurisdiction's implementation 
responsibilities will be adopted and put into effect, the 
Secretary shall--
          (A) provide grants to the State and through the State 
        to local governmental bodies for acquisition of lands, 
        waters, and interests therein identified in paragraph 
        (2)(B), and for development of essential public 
        facilities, except that such grants shall be made only 
        for the acquisition of lands, waters, and interests 
        therein, and related essential public facilities, for 
        park, recreation, and conservation purposes; and
          (B) provide, subject to agreements that in the 
        opinion of the Secretary will assure additional 
        preservation of the lands and waters of the zone, such 
        funds as may be necessary to retire bonded indebtedness 
        for water and sewer and other utilities already 
        incurred by property owners which in the opinion of the 
        Secretary would if left outstanding contribute to 
        further development of the zone in a manner 
        inconsistent with the approved plan developed by the 
        planning commission.
No grant for acquisition of land may be made under subparagraph 
(A) unless the Secretary receives satisfactory assurances that 
such lands acquired under subparagraph (A) shall not be 
converted to other than park, recreation, and conservation 
purposes without the approval of the Secretary and without 
provision for suitable replacement land.
  (5) Grants under this section shall be made only upon 
application of the recipient State and shall be in addition to 
any other Federal financial assistance for any other program, 
and shall be subject to such terms and conditions as the 
Secretary deems necessary to carry out the purposes of this 
section. Any jurisdiction that implements changes to the 
approved plan which are inconsistent with the purposes of this 
section, or adopts or acquiesces in changes to laws, 
regulations or policies necessary to implement or protect the 
approved plan, without approval of the Secretary, may be liable 
for reimbursement of all funds previously granted or available 
to it under the terms of this section without regard to such 
additional terms and conditions or other requirements of law 
that may be applicable to such grants. During the life of the 
planning commission, changes to the plan must be submitted by 
the planning commission to the Secretary for approval. No such 
application for a grant may be made after the date five years 
from the date of the Secretary's approval of the plan.
  (o) The head of any Federal agency having direct or indirect 
jurisdiction over a proposed Federal or federally assisted 
undertaking in the lands and waters within the Santa Monica 
Mountains Zone, generally depicted on the map referred to in 
subsection (c), and the head of any Federal agency having 
authority to license or permit any undertaking in such lands 
and waters shall, prior to the approval of the expenditure of 
any Federal funds on such undertaking or prior to the issuance 
of any license or permit, as the case may be, afford the 
Secretary a reasonable opportunity to comment with regard to 
such undertaking and shall give due consideration to any 
comments made by the Secretary and to the effect of such 
undertaking on the "findings" and purposes of this section.
  (p) The Secretary shall give full consideration to the 
recommendations of the California Department of Parks and 
Recreation, the Santa Monica Mountains Comprehensive Planning 
Commission, and the California Coastal Commission.
  (q)(1) There is hereby established the Santa Monica Mountains 
National Recreation Area Advisory Commission (hereinafter 
referred to as the ``Advisory Commission''). The Advisory 
Commission shall terminate ten years after the date of 
establishment of the recreation area.
  (2) The Advisory Commission shall be composed of the 
following members to serve for terms of five years as follows:
          (A) one member appointed by the Governor of the State 
        of California;
          (B) one member appointed by the mayor of the city of 
        Los Angeles;
          (C) one member appointed by the Board of Supervisors 
        of Los Angeles County;
          (D) one member appointed by the Board of Supervisors 
        of Ventura County; and
          (E) nine members appointed by the Secretary, one of 
        whom shall serve as the Commission Chairperson.
  (3) The Advisory Commission shall meet on a regular basis. 
Notice of meetings and agenda shall be published in local 
newspapers which have a distribution which generally covers the 
area. Commission meetings shall be held at locations and in 
such a manner as to insure adequate public involvement. Such 
locations shall be in the region of the Santa Monica Mountains 
and no more than twenty-five miles from it.
  (4) Members of the Commission shall serve without 
compensation as such, but the Secretary may pay expenses 
reasonably incurred in carrying out their responsibilities 
under this Act on vouchers signed by the Chairperson.
  (5) The Secretary, or his or her designee, shall from time to 
time but at least semiannually, meet and consult with the 
Advisory Commission on matters relating to the development of 
this recreation area and with respect to carrying out the 
provisions of this section.
  (r) There are authorized to be appropriated such sums as may 
be necessary for acquisition of lands and interests in land 
within the boundaries of the recreation area established under 
this section, but not more than $15,000,000 for fiscal year 
1979, $40,000,000 for fiscal year 1980, $45,000,000 for fiscal 
year 1981, $10,000,000 for fiscal year 1982, and $15,000,000 
for fiscal year 1983, such sums to remain available until 
expended. For grants to the State pursuant to subsection (n) 
there are authorized to be appropriated not more than 
$10,000,000 for fiscal year 1979, $10,000,000 for fiscal year 
1980, $5,000,000 for fiscal year 1981, and $5,000,000 for 
fiscal year 1982, such sums to remain available until expended. 
For the authorizations made in this subsection, any amounts 
authorized but not appropriated in any fiscal year shall remain 
available for appropriation in succeeding fiscal years.
  (s) For the development of essential public facilities in the 
recreation area there are authorized to be appropriated not 
more than $500,000. The Congress expects that, at least until 
assessment of the report required by subsection (t), any 
further development of the area shall be accomplished by the 
State of California or local units of government, subject to 
the approval of the Director, National Park Service.
  (t) Within two years from the date of establishment of the 
recreation area pursuant to this section, the Secretary shall, 
after consulting with the Advisory Commission, develop and 
transmit to the Committees referred to in subsection (c) a 
general management plan for the recreation area consistent with 
the objectives of this section. Such plan shall indicate--
  (1) a plan for visitor use including the facilities needed to 
accommodate the health, safety, education and recreation needs 
of the public;
  (2) the location and estimated costs of all facilities;
  (3) the projected need for any additional facilities within 
the area;
  (4) any additions or alterations to the boundaries of the 
recreation area which are necessary or desirable to the better 
carrying out of the purposes of this section; and
  (5) a plan for preservation of scenic, archeological and 
natural values and of fragile ecological areas.
  (u) Rim of the valley unit.--(1) Not later than 3 years after 
the date of the enactment of this subsection, the Secretary 
shall update the general management plan for the recreation 
area to reflect the boundaries designated on the map referred 
to in subsection (c)(1) as the ``Rim of the Valley Unit'' 
(hereafter in the subsection referred to as the ``Rim of the 
Valley Unit''). Subject to valid existing rights, the Secretary 
shall administer the Rim of the Valley Unit and any land or 
interest in land acquired by the United States and located 
within the boundaries of the Rim of the Valley Unit, as part of 
the recreation area in accordance with the provisions of this 
section and applicable laws and regulations.
  (2) The Secretary may acquire non-Federal land within the 
boundaries of the Rim of the Valley Unit only through exchange, 
donation, or purchase from a willing seller. Nothing in this 
subsection authorizes the use of eminent domain to acquire land 
or interests in land.
  (3) Nothing in this subsection or the application of the 
management plan for the Rim of the Valley Unit shall be 
construed to--
          (A) modify any provision of Federal, State, or local 
        law with respect to public access to or use of non-
        Federal land;
          (B) create any liability, or affect any liability 
        under any other law, of any private property owner or 
        other owner of non-Federal land with respect to any 
        person injured on private property or other non-Federal 
        land;
          (C) affect the ownership, management, or other rights 
        relating to any non-Federal land (including any 
        interest in any non-Federal land);
          (D) require any local government to participate in 
        any program administered by the Secretary;
          (E) alter, modify, or diminish any right, 
        responsibility, power, authority, jurisdiction, or 
        entitlement of the State, any political subdivision of 
        the State, or any State or local agency under existing 
        Federal, State, and local law (including regulations);
          (F) require the creation of protective perimeters or 
        buffer zones and the fact that certain activities or 
        land can be seen or heard from within the Rim of the 
        Valley Unit shall not, of itself, preclude the 
        activities or land uses up to the boundary of the Rim 
        of the Valley Unit;
          (G) require or promote use of, or encourage trespass 
        on, lands, facilities, and rights-of-way owned by non-
        Federal entities, including water resource facilities 
        and public utilities, without the written consent of 
        the owner;
          (H) affect the operation, maintenance, modification, 
        construction, or expansion of any water resource 
        facility or utility facility located within or adjacent 
        to the Rim of the Valley Unit;
          (I) terminate the fee title to lands or customary 
        operation, maintenance, repair, and replacement 
        activities on or under such lands granted to public 
        agencies that are authorized pursuant to Federal or 
        State statute;
          (J) interfere with, obstruct, hinder, or delay the 
        exercise of any right to, or access to any water 
        resource facility or other facility or property 
        necessary or useful to access any water right to 
        operate any public water or utility system;
          (K) require initiation or reinitiation of 
        consultation with the United States Fish and Wildlife 
        Service under, or the application of provisions of, the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), or division A of subtitle III 
        of title 54, United States Code, concerning any action 
        or activity affecting water, water rights or water 
        management or water resource facilities within the Rim 
        of the Valley Unit; or
          (L) limit the Secretary's ability to update 
        applicable fire management plan, which may consider 
        fuels management strategies including managed natural 
        fire, prescribed fires, non-fire mechanical hazardous 
        fuel reduction activities, or post-fire remediation of 
        damage to natural and cultural resources.
  (4) The activities of a utility facility or water resource 
facility shall take into consideration ways to reasonably avoid 
or reduce the impact on the resources of the Rim of the Valley 
Unit.
  (5) For the purpose of paragraph (4)--
          (A) the term ``utility facility'' means electric 
        substations, communication facilities, towers, poles, 
        and lines, ground wires, communications circuits, and 
        other structures, and related infrastructure; and
          (B) the term ``water resource facility'' means 
        irrigation and pumping facilities; dams and reservoirs; 
        flood control facilities; water conservation works, 
        including debris protection facilities, sediment 
        placement sites, rain gages, and stream gauges; water 
        quality, recycled water, and pumping facilities; 
        conveyance distribution systems; water treatment 
        facilities; aqueducts; canals; ditches; pipelines; 
        wells; hydropower projects; transmission facilities; 
        and other ancillary facilities, groundwater recharge 
        facilities, water conservation, water filtration 
        plants, and other water diversion, conservation, 
        groundwater recharge, storage, and carriage structures.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 1708 would adjust the boundary of the Santa Monica 
Mountains National Recreation Area (SMMNRA) in California to 
include the Rim of the Valley Unit and authorizes the Secretary 
of the Interior to acquire by donation, exchange, or purchase 
from a willing seller any nonfederal land within the boundaries 
of the Unit. The bill would add approximately 191,000 acres to 
the existing 156,000 acres that currently comprise the SMMNRA. 
This acreage to be added is roughly 18,000 acres more than was 
recommended by the National Park Service (NPS) in a feasibility 
study for the SMMNRA.
    At the markup, Republicans expressed concern about the 
threats to private property rights posed by H.R. 1708. The vast 
majority of land proposed to be added to the SMMNRA through 
H.R. 1708 is nonfederal. In fact, only about 1,800 acres of the 
proposed 191,000-acre expansion are federally owned, and that 
land is primarily managed by the Bureau of Land Management and 
U.S. Forest Service. While H.R. 1708 does not empower NPS to 
directly manage, zone, or take private property included within 
the SMMNRA expansion, the inclusion of nonfederal property 
encourages local governments to adopt land use practices 
consistent with the NPS management plan. Frequently, the 
exercise of restrictive zoning by local governments follows on 
the heels of designations such as this. This can already be 
seen in Los Angeles County's efforts to update the Santa Monica 
Mountains North Area Plan. The proposed plan contains 
significant restrictions on commercial properties including 
reception venues, vineyards, guest ranches, and rural inns 
within and adjacent to the SMMNRA above Los Angeles.
    Additionally, Republicans offered an amendment at the 
markup that would have limited the authority of the Secretary 
of the Interior to acquire property in the proposed SMMNRA 
expansion to donation or exchange. Unfortunately, this 
amendment was rejected and the bill, as reported, authorizes 
the Secretary of the Interior to purchase any land from willing 
sellers within the 191,000-acre expansion that is not currently 
under federal ownership. As the NPS's deferred maintenance 
backlog hovers near $12 billion, it is irresponsible for 
Natural Resources Committee Democrats to continue prioritizing 
federal land acquisition over maintaining our current holdings.
    Another concern raised by Committee Republicans at the 
markup relates to wildfire risk within the SMMNRA. The current 
fire management plan for the SMMNRA, last updated in 2012, 
states: ``Fire management actions in the SMMNRA need to deal 
primarily with fire hazards created by development at the urban 
wildland interface and not to correct `unnatural' fuel buildup 
on the landscape.'' Unfortunately, in 2018, the massive Woolsey 
Fire caused significant damage to the SMMNRA. The fire burned 
almost 100,000 acres, including 21,000 of the 23,595 acres 
(88%) owned and directly managed by NPS within the existing 
SMMNRA boundary. The Woolsey Fire destroyed most of the Western 
Town at Paramount Ranch, as well as the 1927 Peter Strauss 
Ranch house, the Rocky Oaks ranger residence and museum 
building, and a part of the UCLA La Kretz Field Station. To 
address this concern, Republicans offered an amendment that 
would have required the Secretary of the Interior to address 
unnatural fuel buildup on the landscape. Disappointingly, this 
amendment was rejected by the Committee Democrats.
    For these reasons, we oppose this bill.

                                   Rob Bishop (UT).
                                   Louie Gohmert.
                                   Jody B. Hice (GA).
                                   Russ Fulcher.

                                  [all]