[107th Congress Public Law 370]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ370.107]
Public Law 107-370
107th Congress
An Act
To designate certain lands in the State of California as components of
the National Wilderness Preservation System, and for other
purposes. <<NOTE: Dec. 19, 2002 - [H.R. 4750]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Big Sur
Wilderness and Convervation Act of 2002.>>
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Big Sur Wilderness
and Conservation Act of 2002''.
(b) Definitions.--As used in this Act, the term ``Secretary'' means
the Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions to Ventana Wilderness.-- <<NOTE: 16 USC 1132 note.>>
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Ventana Wilderness designated by
Public Law 91-58.
(2) Areas described.--The areas referred to in paragraph (1)
are the following lands in the State of California administered
by the Bureau of Land Management or the United States Forest
Service:
(A) Certain lands which comprise approximately 995
acres, as generally depicted on a map entitled
``Anastasia Canyon Proposed Wilderness Additions to the
Ventana Wilderness'' and dated March 22, 2002.
(B) Certain lands which comprise approximately 3,530
acres, as generally depicted on a map entitled ``Arroyo
Seco Corridor Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(C) Certain lands which comprise approximately
14,550 acres, as generally depicted on a map entitled
``Bear Canyon Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(D) Certain lands which comprise approximately 855
acres, as generally depicted on a map entitled ``Black
Rock Proposed Wilderness Additions to the Ventana
Wilderness'' and dated March 22, 2002.
(E) Certain lands which comprise approximately 6,550
acres, as generally depicted on a map entitled ``Chalk
Peak Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(F) Certain lands which comprise approximately 1,345
acres, as generally depicted on a map entitled ``Chews
Ridge Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(G) Certain lands which comprise approximately 2,130
acres, as generally depicted on a map entitled ``Coast
Ridge Proposed Wilderness Additions to the Ventana
Wilderness'' and dated March 22, 2002.
(H) Certain lands which comprise approximately 2,270
acres, as generally depicted on a map entitled ``Horse
Canyon Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(I) Certain lands which comprise approximately 755
acres, as generally depicted on a map entitled ``Little
Sur Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(J) Certain lands which comprise approximately 4,130
acres, as generally depicted on a map entitled ``San
Antonio Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(b) Additions to Silver Peak Wilderness.-- <<NOTE: 16 USC 1132
note.>>
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Silver Peak Wilderness designated by
Public Law 102-301.
(2) Areas described.--The areas referred to in paragraph (1)
are the following lands in the State of California administered
by the United States Forest Service:
(A) Certain lands which comprise approximately 8,235
acres, as generally depicted on a map entitled ``San
Carpoforo Proposed Wilderness Addition to the Silver
Peak Wilderness'' and dated March 22, 2002.
(B) Certain lands which comprise approximately 8,820
acres, as generally depicted on a map entitled ``Willow
Creek Proposed Wilderness Addition to the Silver Peak
Wilderness'' and dated March 22, 2002.
(c) Additions to Pinnacles Wilderness.-- <<NOTE: 16 USC 1132
note.>>
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Pinnacles Wilderness designated by
Public Law 94-567.
(2) Areas described.--The areas referred to in paragraph (1)
are the lands in the State of California administered by the
National Park Service which comprise approximately 2,715 acres,
as generally depicted on a map entitled ``Pinnacles Proposed
Wilderness Additions'' and dated October 30, 2001.
(d) Maps and Descriptions.--
(1) Filing.--As soon as practicable after the date of
enactment of this Act, the appropriate Secretary shall file a
map and a boundary description of each area designated as
wilderness by this Act with the Committee on Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Effect.--Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and
typographical errors in such boundary descriptions and maps.
(3) Availability.--Such maps and boundary descriptions shall
be on file and available for public inspection in the Office of
the Director of the Bureau of Land Management and in the Office
of the Chief of the Forest Service, as appropriate.
(e) State and Private Lands.--Lands within the exterior boundaries
of any area added to a wilderness area under this section that are owned
by the State or by a private entity shall be included within such
wilderness area if such lands are acquired by the United States. Such
lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 and following).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary of
Agriculture or the Secretary of the Interior, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated by
this Act shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further
interpreted by section 108 of Public Law 96-560, and, the guidelines set
forth in Appendix A of House Report 101-405 of the 101st Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the State
of California with respect to wildlife and fish in California.
(d) Water.--
(1) Reservation of water.--With respect to each wilderness
area designated by this Act, Congress hereby reserves a quantity
of water sufficient to fulfill the purposes of this Act. The
priority date of such reserved rights shall be the date of
enactment of this Act.
(2) Requirement to protect rights.--The appropriate
Secretary and all other officers of the United States shall take
steps necessary to protect the rights reserved by paragraph (1),
including the filing by the Secretary of a claim for the
quantification of such rights in any present or future
appropriate stream adjudication in the courts of the State of
California in which the United States is or may be joined and
which is conducted in accordance with the McCarran Amendment (43
U.S.C. 666).
(3) No reduction or relinquishment.--Nothing in this Act
shall be construed as a relinquishment or reduction of any water
rights reserved or appropriated by the United States in the
State of California on or before the date of enactment of this
Act.
(4) Limitation on effect.--The Federal water rights reserved
by this Act are specific to the wilderness areas located in the
State of California designated by this Act. Nothing in this Act
related to reserved Federal water rights shall be construed as
establishing a precedent with regard to any future designations,
nor shall it constitute an interpretation of any other Act or
any designation made pursuant thereto.
SEC. 4. WILDERNESS FIRE MANAGEMENT.
(a) <<NOTE: Deadline.>> Revision of Management Plans.--The
Secretary of Agriculture shall, by not later than 1 year after the date
of the enactment of this Act, amend the management plans that apply to
each of the Ventana Wilderness and the Silver Peak Wilderness,
respectively, to authorize the Forest Supervisor of the Los Padres
National Forest to take whatever appropriate actions in such wilderness
areas are necessary for fire prevention and watershed protection
consistent with wilderness values, including best management practices
for fire presuppression and fire suppression measures and techniques.
(b) Incorporation Into Forest Planning.--Any special provisions
contained in the management plan for the Ventana Wilderness and Silver
Peak Wilderness pursuant to subsection (a) shall be incorporated into
the management plan for the Los Padres National Forest.
SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT.
(a) Overflights.--Nothing in this Act shall preclude low level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(b) Military Access.--Nonmotorized access to and use of the
wilderness areas designated by this Act for military training shall be
authorized to continue in wilderness areas designated by this Act in the
same manner and degree as authorized prior to enactment of this Act.
SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION.
(a) In General.--The Secretary of Agriculture may conduct a 5-year
pilot program to target the eradication of invasive plant and animal
species in the Monterey District of the Los Padres National Forest.
(b) Application to Other Property.--Activities under the program may
include actions to address invasive species problems on nearby private
land or other land that is not Forest Service property, if--
(1) the land owner, or the head of the governmental agency
having administrative jurisdiction over the land in the case of
State, local, or Federal government-owned land, seeks to
participate in the program; and
(2) the invasive species concerned occurs on the land and
poses a threat to national forest lands.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated $1,000,000 for each of 5 fiscal
years.
SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT.
The Secretary of Agriculture may authorize the construction and
maintenance of a new water line and corresponding spring box
improvements adjacent to an existing domestic water service in the
Silver Peak Wilderness.
Approved December 19, 2002.
LEGISLATIVE HISTORY--H.R. 4750:
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CONGRESSIONAL RECORD, Vol. 148 (2002):
Nov. 14, considered and passed House.
Nov. 19, considered and passed Senate.
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