I
110th CONGRESS
2d Session
H. R. 6156
IN THE HOUSE OF REPRESENTATIVES
May 22, 2008
Mr. McKeon introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To designate certain land as wilderness in the State of California, and for other purposes.
Short title
This Act may be cited as the
Eastern Sierra and Northern San
Gabriel Wild Heritage Act
.
Definitions
In this Act:
Forest
The term Forest means the Ancient Bristlecone Pine Forest designated by section 9(a).
Recreation area
The term Recreation Area means the Bridgeport Recreation Area designated by section 7(a).
Secretary concerned
The term Secretary concerned means—
with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
State
The term State means the State of California.
Trail
The term Trail means the Pacific Crest National Scenic Trail.
Designation of wilderness areas
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
Hoover Wilderness addition
In general
Certain land in the Humboldt-Toiyabe and Inyo National Forests, comprising approximately 76,982 acres, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the Hoover Wilderness.
Description of maps
The maps referred to in subparagraph (A) are—
the
map entitled Hoover East Proposed Wilderness Addition
and dated
May 16, 2008;
the
map entitled Hoover West Proposed Wilderness Addition
and dated
May 16, 2008; and
the map entitled
Bighorn Proposed Wilderness Addition
and dated May 16,
2008.
Effect
The designation of the wilderness under subparagraph (A)—
shall not preclude operation and maintenance of the historic Piute Cabin, located in the western portion of the land described in that subparagraph, in the same manner in which the cabin is being operated and maintained as of the date of enactment of this Act; and
is not intended to restrict the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on land outside the wilderness designated, in accordance with the agreement between the Center and the Humboldt-Toiyabe National Forest.
Emigrant Wilderness addition
Certain land in the Humboldt-Toiyabe National
Forest, comprising approximately 251 acres, as generally depicted on the map
entitled Hoover West Proposed Wilderness Addition
and dated May
16, 2008, is incorporated in, and shall be considered to be a part of, the
Emigrant Wilderness.
Owens River Headwaters/Ansel Adams Wilderness addition
Certain land in the
Inyo National Forest, comprising approximately 15,247 acres, as generally
depicted on the map entitled Owens River Headwaters Proposed Wilderness
Addition
and dated May 16, 2008, is incorporated in, and shall be
considered to be a part of, the Ansel Adams Wilderness.
John Muir Wilderness addition
In general
Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Inyo County, California, comprising approximately 80,112 acres, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the John Muir Wilderness.
Description of maps
The maps referred to in subparagraph (A) are—
the
map entitled John Muir Proposed Additions 1 of 6
and dated May
16, 2008;
the
map entitled John Muir Proposed Additions 2 of 6
and dated May
16, 2008;
the map entitled
John Muir Proposed Additions 3 of 6
and dated May 16,
2008;
the
map entitled John Muir Proposed Additions 4 of 6
and dated May
16, 2008;
the
map entitled John Muir Proposed Additions 5 of 6
and dated May
16, 2008; and
the
map entitled John Muir Proposed Additions 6 of 6
and dated May
16, 2008.
Boundary revision
The boundary of the John Muir Wilderness is revised to
include the land depicted on the map entitled John Muir
Wilderness—Revised
and dated May 21, 2008.
White Mountains wilderness
In general
Certain land in the Inyo National Forest and certain land
administered by the Bureau of Land Management in Mono County, California,
comprising approximately 223,517 acres, as generally depicted on the map
entitled White Mountains Proposed Wilderness
and dated May 16,
2008, which shall be known as the White Mountains
Wilderness
.
Effect on scientific research activities
The designation of the wilderness under subparagraph (A) shall not affect the conduct of scientific research at the White Mountain Research Station facilities operated by the University of California.
Granite Mountain Wilderness
Certain land administered by the Bureau of Land
Management in Mono County, California, comprising approximately 35,564 acres,
as generally depicted on the map entitled Granite Mountain Proposed
Wilderness
and dated May 16, 2008, which shall be known as the
Granite Mountain Wilderness
.
Magic Mountain wilderness
Certain land in the Angeles National Forest,
comprising approximately 13,709 acres, as generally depicted on the map
entitled Magic Mountain Proposed Wilderness
and dated May 16,
2008, which shall be known as the Magic Mountain
Wilderness
.
Pleasant View Ridge wilderness
Certain land in the Angeles National Forest,
comprising approximately 28,424 acres, as generally depicted on the map
entitled Pleasant View Ridge Proposed Wilderness
and dated May
16, 2008, which shall be known as the Pleasant View Ridge
Wilderness
.
Administration of wilderness areas
Management
Subject to valid existing rights, the Secretary concerned shall administer the wilderness areas designated by this Act in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary concerned.
Map and description
In general
As soon as practicable after the date of enactment of this Act, the Secretary concerned shall file a map and legal description of each wilderness area designated by this Act with—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Force of law
A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any errors in the map and legal description.
Public availability
Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Secretary concerned.
Incorporation of acquired land and interests
Any land (or interest in land) within the boundary of a wilderness area designated by this Act that is acquired by the Federal Government shall—
become part of the wilderness area in which the land is located; and
be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
Withdrawal
Subject to valid rights in existence on the date of enactment of this Act, any Federal land designated as a wilderness area by this Act is withdrawn from—
all forms of entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under laws relating to mineral and geothermal leasing or mineral materials.
Fire, insect, and disease management activities
In general
The Secretary may take such measures in a wilderness area designated by this Act as are necessary for the control and prevention of fire, insects, and diseases, in accordance with—
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
the report of the Committee on Interior and Insular Affairs of the House of Representatives to accompany H.R. 1437 of the 98th Congress (H. Rept. 98–40).
Review of fire management activities
Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall review existing policies applicable to the wilderness areas designated by this Act to ensure that authorized approval procedures for any fire management activities allow for a timely and efficient response to fire emergencies in the wilderness areas.
Access to private property
The Secretary concerned shall provide any owner of private property within the boundary of a wilderness area designated by this Act adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.
Military activities
Nothing in this Act precludes—
low-level overflights of military aircraft over the wilderness areas designated by this Act;
the designation of new units of special airspace over the wilderness areas designated by this Act; or
the use or establishment of military flight training routes over wilderness areas designated by this Act.
Livestock
Grazing of livestock and the maintenance of existing facilities relating to grazing in wilderness areas designated by this Act, if established before the date of enactment of this Act, shall be permitted to continue in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
Fish and wildlife management
In general
In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary concerned may carry out management activities to maintain or restore fish and wildlife populations and fish and wildlife habitats in wilderness areas designated by this Act if the activities are—
consistent with applicable wilderness management plans; and
carried out in accordance with applicable guidelines and policies.
State jurisdiction
Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.
Horses
Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this Act—
in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
subject to any terms and conditions determined to be necessary by the Secretary concerned.
Release of wilderness study areas
Finding
Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as wilderness by this Act or any other Act enacted before the date of enactment of this Act has been adequately studied for wilderness.
Description of study areas
The study areas referred to in subsection (a) are—
the Masonic Mountain Wilderness Study Area;
the Mormon Meadow Wilderness Study Area;
the Walford Springs Wilderness Study Area; and
the Granite Mountain Wilderness Study Area.
Release
Any portion of a wilderness study area described in subsection (b) that is not designated as wilderness by this Act or any other Act enacted before the date of enactment of this Act shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
Designation of wild and scenic rivers
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
Amargosa River, California
The following segments of the Amargosa River in the State of California, to be administered by the Secretary of the Interior:
The approximately 4.1-mile segment of the Amargosa River from the northern boundary of sec. 7, T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river.
The approximately 8-mile segment of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river.
The approximately 7.9-mile segment of the Amargosa River from the northern boundary of sec. 16, T. 20 N., R. 7 E., to .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a wild river.
The approximately 4.9-mile segment of the Amargosa River from .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.
The approximately 1.4-mile segment of the Amargosa River from 100 feet downstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.
Owens River Headwaters, California
The following segments of the Owens River in the State of California to be administered by the Secretary of the Interior:
The 2.3-mile segment of Deadman Creek from the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild river.
The 2.3-mile segment of Deadman Creek from the unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 crossing, as a scenic river.
The 4.1-mile segment of Deadman Creek from the road 3S22 crossing to .25 miles downstream of the Highway 395 crossing, as a recreational river.
The 3-mile segment of Deadman Creek from .25 miles downstream of the highway 395 crossing to 100 feet upstream of Big Springs, as a scenic river.
The 1-mile segment of the Upper Owens River from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational river.
The 4-mile segment of Glass Creek from its 2-forked source to 100 feet upstream of the Glass Creek Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a wild river.
The 1.3-mile segment of Glass Creek from 100 feet upstream of the trailhead parking area in sec. 29 to the end of the Glass Creek road in sec. 21, T. 2 S., R. 27 E., as a scenic river.
The 1.1-mile segment of Glass Creek from the end of Glass Creek road in sec. 21, T. 2 S., R. 27 E., to the confluence with Deadman Creek, as a recreational river.
Piru Creek, California
In general
The following segments of Piru Creek in the State of California to be administered by the Secretary of Agriculture:
The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.
The 4.25-mile segment from the boundary of the Sespe Wilderness to the boundary between Los Angeles and Ventura Counties, as a wild river.
Limitation
Nothing in this paragraph precludes or limits the State of California, the Department of Water Resources of the State of California, the United Water Conservation District, and other governmental entities from releasing water from Pyramid Lake into Piru Creek for conveyance and delivery to Lake Piru for the water conservation purposes of the United Water Conservation District.
.
Bridgeport Winter Recreation Area
Designation
The
approximately 7,680 acres of land in the Humboldt-Toiyabe National Forest, as
generally depicted on the map entitled Bridgeport Winter Recreation
Area
and dated May 20, 2008, is designated as the Bridgeport Winter
Recreation Area.
Map and boundary description
In general
As soon as practicable after the date of enactment of this Act, the Secretary concerned shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and boundary description of the Recreation Area.
Force of law
The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct any errors in the map and boundary description.
Public availability
The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in—
the office of the Chief of the Forest Service; and
the office of the Forest Supervisor of the Humboldt-Toiyabe National Forest.
Management
In general
Except as provided in paragraph (2), the Recreation Area shall be managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of enactment of this Act).
Use of snowmobiles
The winter use of snowmobiles shall be allowed in the Recreation Area—
during periods of adequate snow coverage during the winter season; and
subject to any terms and conditions determined to be necessary by the Secretary concerned.
Management plan
To ensure the sound management and enforcement of the Recreation Area, the Secretary concerned shall, not later than 1 year after the date of enactment of this Act, undergo a public process to develop a winter use management plan that provides for—
adequate signage;
a public education program on allowable usage areas;
measures to ensure adequate sanitation;
a monitoring and enforcement strategy; and
measures to ensure the protection of the Trail.
Enforcement
The Secretary concerned shall prioritize enforcement activities in the Recreation Area—
to prohibit degradation of natural resources in the Recreation Area;
to prevent interference with nonmotorized recreation on the Trail; and
to reduce user conflicts in the Recreation Area.
Pacific crest national scenic trail
The Secretary concerned shall establish an
appropriate snowmobile crossing point along the Trail in the area identified as
Pacific Crest Trail Proposed Crossing Area
on the map entitled
Bridgeport Winter Recreation Area
and dated May 20, 2008—
in accordance with—
the National Trails System Act (16 U.S.C. 1241 et seq.); and
any applicable environmental and public safety laws; and
subject to the terms and conditions the Secretary concerned determines to be necessary to ensure that the crossing would not—
interfere with the nature and purposes of the Trail; or
harm the surrounding landscape.
Management of Humboldt-toiyabe forest
Certain land in the Humboldt-Toiyabe
National Forest, comprising approximately 3,200 acres identified as Area
X
on the map entitled Humboldt-Toiyabe National Forest Proposed
Management
and dated May 20, 2008, shall be managed in a manner
consistent with the non-Wilderness forest areas immediately surrounding Area X,
including the allowance of snowmobile use.
Ancient bristlecone pine forest
Designation
To
conserve and protect the Ancient Bristlecone Pines by maintaining near-natural
conditions and to ensure the survival of the Pines for the purposes of public
enjoyment and scientific study, the approximately 28,991 acres of public land
in the State, as depicted on the map entitled Ancient Bristlecone Pine
Forest—Proposed
and dated May 20, 2008, is designated as the
Ancient Bristlecone Pine Forest
.
Map and boundary description
In general
As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall file a map and legal description of the Forest with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
Force of law
The map filed under paragraph (1) shall have the same force and effect as if included in this Act.
Public availability
The map filed under paragraph (1) shall be on file and available for public inspection in—
the office of the Chief of the Forest Service; and
the appropriate office of the Forest Service in the State.
Management
In general
The Secretary shall administer the Forest—
in a manner that—
protect the resources and values of the area in accordance with the purposes for which the Forest is established, as described in subsection (a); and
promotes the objectives of the applicable management plan (as in effect on the date of enactment of this Act), including objectives relating to—
the protection of bristlecone pines for public enjoyment and scientific study;
the recognition of the botanical, scenic, and historical values of the area; and
the maintenance of near-natural conditions by ensuring that all activities are subordinate to the needs of protecting and preserving bristlecone pines and wood remnants; and
in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, and any other applicable laws.
Uses
In general
The Secretary shall allow only such uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as described in subsection (a).
Scientific research
Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan (as in effect on the date of enactment of this Act).
Withdrawal
Subject to valid existing rights, all Federal land within the Forest is withdrawn from—
all forms of entry, appropriation or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing.
Management plan
In general
Not later than 18 months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a comprehensive management plan for the Forest.
Existing plans
In general
In developing the management plan under subparagraph (A), the Secretary shall incorporate management guidance for the Forest adopted in 1988 as part of the Inyo National Forest Land and Resource Management Plan regarding roads, trails, and facilities development, motor vehicle use, pest management, energy exploration, land acquisition, utilities placement, wildfire management, grazing, timber, riparian areas, hunting, and recreation.
Conflict of laws
If there is a conflict between the provisions of this section and the provisions of the Inyo National Forest Land and Resource Management Plan (as in effect on the date of enactment of this Act), the more restrictive provisions shall control.