[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Reported in Senate (RS)]
Calendar No. 1025
110th CONGRESS
2d Session
H. R. 3682
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 10, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To designate certain Federal lands in Riverside County, California, as
wilderness, to designate certain river segments in Riverside County as
a wild, scenic, or recreational river, to adjust the boundary of the
Santa Rosa and San Jacinto Mountains National Monument, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``California
Desert and Mountain Heritage Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino
National Forests, Joshua Tree National
Park, and Bureau of Land Management land in
Riverside County, California.
Sec. 103. Joshua Tree National Park potential wilderness.
Sec. 104. Administration of wilderness.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
Sec. 201. Wild and scenic river designations, Riverside County,
California.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains
National Monument.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto
Mountains National Monument Act of 2000.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means--
(1) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO
NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU
OF LAND MANAGEMENT LAND IN RIVERSIDE COUNTY, CALIFORNIA.
(a) Agua Tibia Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland
National Forest and certain land administered by the Bureau of Land
Management in Riverside County, California, together comprising
approximately 2,053 acres, as generally depicted on the map titled
``Proposed Addition to Agua Tibia Wilderness'', and dated May 9, 2008,
is designated as wilderness and is incorporated in, and shall be deemed
to be a part of, the Agua Tibia Wilderness designated by section 2(a)
of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Cahuilla Mountain Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 5,585
acres, as generally depicted on the map titled ``Cahuilla Mountain
Proposed Wilderness'', and dated May 1, 2008, is designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``Cahuilla Mountain
Wilderness''.
(c) South Fork San Jacinto Wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, comprising approximately 20,217
acres, as generally depicted on the map titled ``South Fork San Jacinto
Proposed Wilderness'', and dated May 1, 2008, is designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System, which shall be known as the ``South Fork San
Jacinto Wilderness''.
(d) Santa Rosa Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San
Bernardino National Forest, California, and certain land administered
by the Bureau of Land Management in Riverside County, California,
comprising approximately 2,149 acres, as generally depicted on the map
titled ``Santa Rosa-San Jacinto National Monument Expansion and Santa
Rosa Wilderness Addition'', and dated March 12, 2008, is designated as
wilderness and is incorporated in, and shall be deemed to be a part of,
the Santa Rosa Wilderness designated by section 101(a)(28) of Public
Law 98-425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by
paragraph (59) of section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(e) Beauty Mountain Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in Riverside County, California, comprising
approximately 15,621 acres, as generally depicted on the map titled
``Beauty Mountain Proposed Wilderness'', and dated April 3, 2007, is
designated as wilderness and, therefore, as a component of the National
Wilderness Preservation System, which shall be known as the ``Beauty
Mountain Wilderness''.
(f) Joshua Tree National Park Wilderness Additions.--In accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in
Joshua Tree National Park, comprising approximately 36,700 acres, as
generally depicted on the map numbered 156/80,055, and titled ``Joshua
Tree National Park Proposed Wilderness Additions'', and dated March
2008, is designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Joshua Tree Wilderness designated by
section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note).
(g) Orocopia Mountains Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered
by the Bureau of Land Management in Riverside County, California,
comprising approximately 4,635 acres, as generally depicted on the map
titled ``Orocopia Mountains Proposed Wilderness Addition'', and dated
May 8, 2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of, the Orocopia Mountains Wilderness as
designated by paragraph (44) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries
established by this subsection in Township 7 South <DELETED>are
intended to</DELETED> exclude--
(1) a corridor 250 feet north of the centerline of the
Bradshaw Trail;
(2) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between the
Eagle Mountain Railroad on the south and the existing Orocopia
Mountains Wilderness boundary; and
(3) a corridor 250 feet from both sides of the centerline
of the vehicle route in the unnamed wash that flows between the
Chocolate Mountain Aerial Gunnery Range on the south and the
existing Orocopia Mountains Wilderness boundary.
(h) Palen/McCoy Wilderness Additions.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by
the Bureau of Land Management in Riverside County, California,
comprising approximately 22,645 acres, as generally depicted on the map
titled ``Palen-McCoy Proposed Wilderness Additions'', and dated May 8,
2008, is designated as wilderness and is incorporated in, and shall be
deemed to be a part of, the Palen/McCoy Wilderness as designated by
paragraph (47) of section 102 of Public Law 103-433 (108 Stat. 4472; 16
U.S.C. 1132 note).
(i) Pinto Mountains Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau
of Land Management in Riverside County, California, comprising
approximately 24,404 acres, as generally depicted on the map titled
``Pinto Mountains Proposed Wilderness'', and dated February 21, 2008,
is designated as wilderness and, therefore, as a component of the
National Wilderness Preservation System, which shall be known as the
``Pinto Mountains Wilderness''.
(j) Chuckwalla Mountains Wilderness Additions.--In accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered
by the Bureau of Land Management in Riverside County, California,
comprising approximately 12,815 acres, as generally depicted on the map
titled ``Chuckwalla Mountains Proposed Wilderness Addition'', and dated
May 8, 2008, is designated as wilderness and is incorporated in, and
shall be deemed to be a part of the Chuckwalla Mountains Wilderness as
designated by paragraph (12) of section 102 of Public Law 103-433 (108
Stat. 4472; 16 U.S.C. 1132 note).
(k) Maps and Descriptions.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area and wilderness
addition designated by this section with the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(2) Force of law.--A map and legal description filed under
paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
<DELETED> (l) Utility Facilities and Corridors.--The wilderness
areas and wilderness additions designated by this section are intended
to exclude rights of way for existing utility facilities, such as
power, gas, and telecommunications lines, and associated structures and
access roads, and existing designated utility corridors. Nothing in
this section or the Wilderness Act shall be construed to prohibit
construction, operation, and maintenance, using standard industry
practices, of existing utility facilities located outside of the
wilderness areas and wilderness additions designated by this
section.</DELETED>
(l) Utility Facilities.--Nothing in this Act prohibits the
construction, operation, or maintenance, using standard industry
practices, of existing utility facilities located outside of the
wilderness areas and wilderness additions designated by this Act.
SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.
(a) Designation of Potential Wilderness.--Certain land in the
Joshua Tree National Park, comprising approximately 43,300 acres, as
generally depicted on the map numbered 156/80,055, and titled ``Joshua
Tree National Park Proposed Wilderness Additions'', and dated March
2008, is designated potential wilderness and shall be managed by the
Secretary of the Interior insofar as practicable as wilderness until
such time as the land is designated as wilderness pursuant to
subsection (b).
(b) Designation as Wilderness.--The land designated potential
wilderness by subsection (a) shall be designated as wilderness and
incorporated in, and be deemed to be a part of, the Joshua Tree
Wilderness designated by section 1(g) of Public Law 94-567 (90 Stat.
2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary
of the Interior in the Federal Register of a notice that--
(1) all uses of the land within the potential wilderness
prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have
ceased; and
(2) sufficient inholdings within the boundaries of the
potential wilderness have been acquired to establish a
manageable wilderness unit.
(c) Map and Description.--
(1) In general.--As soon as practicable after the date on
which the notice required by subsection (b) is published in the
Federal Register, the Secretary shall file a map and legal
description of the land designated as wilderness and potential
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be filed and made available for
public inspection in the appropriate office of the Secretary.
SEC. 104. ADMINISTRATION OF WILDERNESS.
(a) Management.--Subject to valid existing rights, the land
designated as wilderness or as a wilderness addition by this title
shall be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be deemed to be a reference to--
(A) the date of the enactment of this Act; or
(B) in the case of the wilderness addition
designated by subsection (b) of section 513, the date
on which the notice required by such subsection is
published in the Federal Register; and
(2) any reference in that Act to the Secretary of
Agriculture shall be deemed to be a reference to the Secretary
that has jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundaries of a wilderness area or wilderness addition designated
by this title that is acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with this title, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the land designated as wilderness by this
title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
<DELETED> (d) Fire Management and Related Activities.--</DELETED>
<DELETED> (1) In general.--The Secretary may take such
measures in a wilderness area or wilderness addition designated
by this Act as are necessary for the control and prevention of
fire, insects, and diseases (including the use of prescribed
burning, priority treatments, or fuels reduction) in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th
Congress.</DELETED>
<DELETED> (2) Funding priorities.--The designation of
wilderness areas and wilderness additions by this title is not
intended to alter the priorities afforded the land so
designated in allocating funds for fire and related fuels
management.</DELETED>
<DELETED> (3) Revision and development of local fire
management plans.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall amend the local fire
management plans that apply to the Santa Rosa Wilderness and
Agua Tibia Wilderness, and prepare local fire management plans
for the Beauty Mountain Wilderness, Cahuilla Mountain
Wilderness, and South Fork San Jacinto Wilderness Area, to
identify appropriate local officials to take such actions in
the wilderness areas as are necessary for fire prevention and
watershed protection consistent with paragraph (1), including
best management practices for fire pre-suppression and fire
suppression measures and techniques.</DELETED>
<DELETED> (4) State or local agencies.--Consistent with
paragraph (1) and other applicable Federal law, the Secretary
may delegate by written agreement primary fire fighting
authority and related public safety activities to an
appropriate State or local agency.</DELETED>
(d) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by this Act
as are necessary for the control of fire, insects, and diseases
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this Act limits funding
for fire and fuels management in the wilderness areas and
wilderness additions designated by this Act.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local fire management
plans that apply to the land designated as a wilderness area or
wilderness addition by this Act.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas and
wilderness additions designated by this Act, the Secretary
shall--
(A) not later than 1 year after the date of
enactment of this Act, establish agency approval
procedures (including appropriate delegations of
authority to the Forest Supervisor, District Manager,
or other agency officials) for responding to fire
emergencies; and
(B) enter into agreements with appropriate State or
local firefighting agencies.
(e) Grazing.--Grazing of livestock in a wilderness area or
wilderness addition designated by this title shall be administered in
accordance with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96-
617 to accompany H.R. 5487 of the 96th Congress.
(f) Native American Uses and Interests.--
<DELETED> (1) Effect of designation.--Nothing in the
designation of the Cahuilla Mountain Wilderness by this title
affects the unique cultural artifacts and sacred sites of the
Indian tribes that are contained within that wilderness area,
as identified by Indian tribes and the Forest
Service.</DELETED>
(2)</DELETED> (1) Access and use.--To the extent
practicable, the Secretary shall ensure access to the Cahuilla
Mountain Wilderness by members of an Indian tribe for
traditional cultural purposes. In implementing this subsection,
the Secretary, upon the request of an Indian tribe, may
temporarily close to the general public use of one or more
specific portions of the wilderness area in order to protect
the privacy of traditional cultural activities in such areas by
members of the Indian tribe. Any such closure shall be made to
affect the smallest practicable area for the minimum period
necessary for such purposes. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C.
1996), commonly referred to as the American Indian Religious
Freedom Act, and the Wilderness Act (<DELETED>11</DELETED>16
U.S.C. 1131 et seq.).
<DELETED>(3)</DELETED>(2) Indian tribe defined.--In this
subsection, the term ``Indian tribe'' means any Indian tribe,
band, nation, or other organized group or community of Indians
which is recognized as eligible by the Secretary of the
Interior for the special programs and services provided by the
United States to Indians because of their status as Indians.
TITLE II--WILD AND SCENIC RIVER DESIGNATIONS
SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY,
CALIFORNIA.
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 new paragraphs:
``(_) North Fork San Jacinto River, California.--The following
segments of the North Fork San Jacinto River in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 2.12-mile segment from the source of the North
Fork San Jacinto River at Deer Springs in Mt. San Jacinto State
Park to the State Park boundary, as a wild river.
``(B) The 1.66-mile segment from the Mt. San Jacinto State
Park boundary to the Lawler Park boundary in section 26,
township 4 south, range 2 east, San Bernardino meridian, as a
scenic river.
``(C) The 0.68-mile segment from the Lawler Park boundary
to its confluence with Fuller Mill Creek, as a recreational
river.
``(D) The 2.15-mile segment from its confluence with Fuller
Mill Creek to .25 miles upstream of the 5S09 road crossing, as
a wild river.
``(E) The 0.6-mile segment from .25 miles upstream of the
5S09 Road crossing to its confluence with Stone Creek, as a
scenic river.
``(F) The 2.91-mile segment from the Stone Creek confluence
to the northern boundary of section 17, township 5 south, range
2 east, San Bernardino meridian, as a wild river.
``(_) Fuller Mill Creek, California.--The following segments of
Fuller Mill Creek in the State of California, to be administered by the
Secretary of Agriculture:
``(A) The 1.2-mile segment from the source of Fuller Mill
Creek in the San Jacinto Wilderness to the Pinewood property
boundary in section 13, township 4 south, range 2 east, San
Bernardino meridian, as a scenic river.
``(B) The 0.9-mile segment in the Pine Wood property, as a
recreational river.
``(C) The 1.4-mile segment from the Pinewood property
boundary in section 23, township 4 south, range 2 east, San
Bernardino meridian, to its confluence with the North Fork San
Jacinto River, as a scenic river.
``(_) Palm Canyon Creek, California.--The 8.1-mile segment of Palm
Canyon Creek in the State of California from the southern boundary of
section 6, township 7 south, range 5 east, San Bernardino meridian, to
the San Bernardino National Forest boundary in section 1, township 6
south, range 4 east, San Bernardino meridian, to be administered by the
Secretary of Agriculture as a wild river, and the Secretary shall enter
into a cooperative management agreement with the Agua Caliente Band of
Cahuilla Indians to protect and enhance river values.
``(_) Bautista Creek, California.--The 9.8-mile segment of Bautista
Creek in the State of California from the San Bernardino National
Forest boundary in section 36, township 6 south, range 2 east, San
Bernardino meridian, to the San Bernardino National Forest boundary in
section 2, township 6 south, range 1 east, San Bernardino meridian, to
be administered by the Secretary of Agriculture as a recreational
river.''.
TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL MONUMENT
SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS
NATIONAL MONUMENT.
Section 2 of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by adding at the end the following new subsection:
``(e) Expansion of Boundaries.--In addition to the land described
in subsection (c), the boundaries of the National Monument shall
include the following lands identified as additions to the National
Monument on the map titled `Santa Rosa-San Jacinto National Monument
Expansion and Santa Rosa Wilderness Addition', and dated March 12,
2008:
``(1) The `Santa Rosa Peak Area Monument Expansion'.
``(2) The `Snow Creek Area Monument Expansion'.
``(3) The `Tahquitz Peak Area Monument Expansion'.
``(4) The `Southeast Area Monument Expansion', which is
designated as wilderness in section 512(d), and is thus
incorporated into, and shall be deemed part of, the Santa Rosa
Wilderness.''.
SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO
MOUNTAINS NATIONAL MONUMENT ACT OF 2000.
Section 7(d) of the Santa Rosa and San Jacinto Mountains National
Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 1362; 16 U.S.C.
431 note) is amended by striking ``eight'' and inserting ``a majority
of the appointed''.
Calendar No. 1025
110th CONGRESS
2d Session
H. R. 3682
_______________________________________________________________________
AN ACT
To designate certain Federal lands in Riverside County, California, as
wilderness, to designate certain river segments in Riverside County as
a wild, scenic, or recreational river, to adjust the boundary of the
Santa Rosa and San Jacinto Mountains National Monument, and for other
purposes.
_______________________________________________________________________
September 16, 2008
Reported with amendments