[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.
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\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).
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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\
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\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.
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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\
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\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.
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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]