[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 113 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 113
To provide for additions to the Cucamonga and Sheep Mountain Wilderness
Areas in the Angeles and San Bernardino National Forests and the
protection of existing property rights in such additions, to require
the Secretary of Agriculture to take steps to prevent and prepare for
wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas and address the backlog of maintenance in the Angeles and San
Bernardino National Forests, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. Dreier (for himself and Ms. Chu) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for additions to the Cucamonga and Sheep Mountain Wilderness
Areas in the Angeles and San Bernardino National Forests and the
protection of existing property rights in such additions, to require
the Secretary of Agriculture to take steps to prevent and prepare for
wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas and address the backlog of maintenance in the Angeles and San
Bernardino National Forests, 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 Act may be cited as the ``Angeles and San
Bernardino National Forests Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel
Wilderness Areas.
Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas.
Sec. 5. Protection of property rights and uses in additions to
Cucamonga and Sheep Mountain Wilderness
Areas.
Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel
Wilderness Areas.
Sec. 7. Maintenance of Angeles and San Bernardino National Forests.
Sec. 8. Completion of wild and scenic rivers studies.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) California has experienced devastating wildfires that
have caused mudslides, burned public and private lands,
destroyed and damaged structures and homes, and taken the lives
of residents and first responders.
(2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall,
47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34,
of the Los Angeles County Fire Department lost their lives
while battling the Station Fire.
(3) Coordination among Federal, State, and local agencies
is essential to effectively respond to emergencies and prevent
further loss of life from incidents in and around the Angeles
and San Bernardino National Forests.
(4) The Angeles and San Bernardino National Forests are
among the most widely visited national forests in the Nation.
(5) The Angeles and San Bernardino National Forests provide
families with a variety of recreational opportunities,
including hunting, fishing, biking, hiking, boating, swimming,
off-highway vehicle use, skiing and snowboarding, horseback
riding, camping, and picnicking.
(6) The Angeles and San Bernardino National Forests account
for approximately 70 percent of the open space and provide 35
percent of the drinking water in Los Angeles County, the most
populous county in the Nation.
(7) Several private land holdings and cabin communities are
located within the Angeles and San Bernardino National Forests.
(8) The Angeles and San Bernardino National Forests are
also home to several rare and endangered plant and animal
species.
(9) Public safety, preserving recreational activities, and
the protection of our natural resources must remain the top
three priorities for these areas.
SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL
WILDERNESS AREAS.
(a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as
otherwise provided in this Act, the Secretary of Agriculture shall
continue to administer the Cucamonga and Sheep Mountain Wilderness
Areas as provided in section 103 of the California Wilderness Act of
1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the
Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to
areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an
amendment made by section 4, 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 the enactment of this Act.
(b) San Gabriel Wilderness Area.--Except as otherwise provided in
this Act, the Secretary of Agriculture shall continue to administer the
San Gabriel Wilderness Area in accordance with section 3 of the Act
entitled ``An Act to designate the San Gabriel Wilderness, Angeles
National Forest, in the State of California'', approved May 24, 1968
(Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.
(a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of
the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat.
1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the
following: ``and which comprise approximately 18,983 acres, as
generally depicted on a map entitled `Sheep Mountain and Cucamonga
Proposed Wilderness Addition' and dated July 13, 2010,''.
(b) Expansion of Sheep Mountain Wilderness Area.--Section
101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425;
98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after
``1984,'' the following: ``and which comprise approximately 53,889
acres, as generally depicted on a map entitled `Sheep Mountain and
Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''.
(c) Maps and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
file with the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a copy
of the map referred to in the amendments made by subsections (a) and
(b) and legal descriptions of each wilderness area expanded by such
amendments. The map and legal descriptions shall have the same force
and effect as if included in this Act. The map and legal descriptions
shall be on file and available for public inspection in the appropriate
offices of the Forest Service.
SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO
CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.
(a) Definition of Covered Wilderness Addition.--For purposes of
this section, the term ``covered wilderness addition'' means an area
added by the amendments in subsections (a) and (b) in subsection (4)
to--
(1) the Cucamonga Wilderness Area; or
(2) the Sheep Mountain Wilderness Area.
(b) No Effect on Valid Existing Rights.--No provision in this Act
shall affect any valid existing rights, including the following rights:
(1) The rights of owners of private property in a covered
wilderness addition.
(2) Water rights.
(c) Hunting, Fishing, and Trapping.--Consistent with section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
Act or the Wilderness Act shall be construed as affecting the
jurisdiction or responsibilities of the State of California with
respect to hunting, fishing, and trapping in a covered wilderness
addition.
(d) Wildlife and Fish Conservation Activities.--
(1) In general.--Consistent with 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 authority of the State of
California to carry out activities for the conservation of
wildlife and fish, including management activities to maintain
or restore wildlife and fish populations and the habitats
supporting such populations, in a covered wilderness addition.
(2) Use of aircraft and other vehicles.--Consistent with
the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of
Agriculture may authorize in a covered wilderness addition, in
the manner in which the Secretary has previously authorized
such activities in the Cucamonga and Sheep Mountain Wilderness
Areas--
(A) the use of transportation and equipment
including motor vehicles, motorized equipment or
motorboats, aircraft, and other forms of mechanical
transport to carry out activities described in
paragraph (1); and
(B) if the Secretary determines that the minimum
tools necessary will be used, the infrequent and
temporary landing of helicopters at unmodified sites
for wildlife research or for the capture or
translocation of species of wildlife including bighorn
sheep.
(e) Drug Interdiction.--Nothing in this Act or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall interfere with drug interdiction
operations in, around, or affecting a covered wilderness addition
(including low-level overflights of such addition), or otherwise
restrict law enforcement access to a covered wilderness addition.
(f) Military Activities.--Nothing in this Act or the Wilderness Act
(16 U.S.C. 1131 et seq.) shall interfere with 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 a
covered wilderness addition.
(g) Horses.--Nothing in this Act precludes horseback riding in, or
the entry of recreational or commercial saddle or pack stock into, a
covered wilderness addition 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 by the Secretary of Agriculture to be necessary.
(h) Access for Persons With Disabilities.--The Secretary of
Agriculture, in consultation with the public, shall consider options
for the design and construction of trails in the covered wilderness
additions that are suitable for use by persons with disabilities.
(i) Access to Private Property.--In conformance with subsections
(a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the
Secretary of Agriculture shall provide any owner of private property
within the boundary of a covered wilderness addition adequate access to
the property to ensure the reasonable use and enjoyment of the property
by the owner.
(j) Activities or Uses in Buffer Zones.--Congress does not intend
the inclusion of a covered wilderness addition in the Cucamonga or
Sheep Mountain Wilderness Areas to result in the creation of protective
perimeters or buffer zones around such addition. The fact that
nonwilderness activities or uses can be seen or heard from within a
covered wilderness addition shall not, of itself, preclude such
activities or uses up to the boundaries of such addition.
SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL
WILDERNESS AREAS.
(a) Authorized Measures for Control of Fire, Insects, and
Diseases.--
(1) In general.--The Secretary of Agriculture may take such
measures in the Cucamonga, Sheep Mountain, and San Gabriel
Wilderness Areas as are necessary for the control 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.
(2) Use of mechanized equipment and other measures.--The
inclusion of the Cucamonga, Sheep Mountain, and San Gabriel
Wilderness Areas in the National Wilderness Preservation System
shall not be construed to interfere with or prevent--
(A) for purposes of wildfire prevention, the
mechanical thinning of trees or underbrush in the
wilderness areas; and
(B) for purposes of responding to a wildfire that
threatens a community, the use by the Secretary, the
Forest Service, or a Federal Incident Commander of any
modern method of fire suppression in the wilderness
areas, including methods involving the use of
mechanized heavy equipment, installation of fire breaks
(including roads), and such other methods as are
necessary to address the threat.
(b) Revision and Development of Local Fire Management Plans.--As
soon as practicable after the date of the enactment of this Act, the
Secretary of Agriculture shall amend the local fire management plans
that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas. In the local fire management plans, the Secretary shall identify
the following:
(1) Best management practices (consistent with subsection
(a)) for wildfire prevention, wildfire response, and watershed
protection in the wilderness areas.
(2) State and local officials to carry out the management
practices described in paragraph (1).
(c) Administration.--Not later than one year after the date of the
enactment of this Act, to ensure a timely and efficient response to
wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness
Areas, the Secretary shall carry out the following measures:
(1) The Secretary shall establish agency approval
procedures (including delegations of authority, as appropriate,
to the Forest Supervisor, District Manager, Incident Commander,
or other agency officials) for responding to wildfires.
(2) The Secretary shall enter into agreements, as
appropriate, with State and local firefighting agencies to
carry out measures for wildfire prevention and response.
(d) Funding Priorities.--Nothing in this Act limits funding for
fire and fuels management in the Cucamonga, Sheep Mountain, and San
Gabriel Wilderness Areas.
SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS.
(a) Assessment of Maintenance Backlog.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Agriculture shall assess the backlog in the Angeles and San Bernardino
National Forests in--
(1) preventive wildfire management activities, including
fuels reduction;
(2) maintenance of recreational areas, including the upkeep
of signage for recreational areas and trails; and
(3) restoration of the levels of access to and availability
of recreational facilities and trails to at least the levels
that existed immediately before the Station Fire in August
2009.
(b) Elimination of Maintenance Backlog.--As soon as practicable
after the Secretary of Agriculture has assessed the backlog under
subsection (a), the Secretary shall carry out measures to eliminate the
backlog assessed under subsection (a), focusing on the restoration
described in paragraph (3) of such subsection.
SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES.
Not later than two years after the date of the enactment of this
Act, the Secretary of Agriculture shall complete and submit to Congress
the studies, undertaken before the date of the enactment of this Act
and uncompleted as of such date, regarding the potential addition of
portions of the San Gabriel River (East, West, and North Forks), San
Antonio Creek, and Middle Fork Lytle Creek in California to the
national wild and scenic rivers system instituted by the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include
information about the effect of each proposed addition on the
following:
(1) Valid existing rights of owners of property adjacent to
such rivers, including owners of cabins on leased property, and
their access to and use of such rivers, including their use of
pump systems.
(2) Other uses of such rivers, including the operation of
dams.
(3) Sediment management operations for reservoirs.
(4) Valid existing water rights and easements in such
rivers.
(5) Use of and access to existing roadways, bridges, and
trails, including the extent to which an existing roadway,
bridge, or trail may be maintained or improved.
(6) Construction of new roadways, bridges, and trails.
(7) Implementation of future projects, including any delays
that may be caused by environmental documentation required as a
result of the addition.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Agriculture such sums as may be necessary to carry out this Act.
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