S 138 IS
112th CONGRESS
1st Session
S. 138
To provide for conservation, enhanced recreation
opportunities, and development of renewable energy in the California
Desert Conservation Area, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. REID (for Mrs. FEINSTEIN) introduced the following bill; which
was read twice and referred to the Committee on Energy and Natural
Resources
A BILL
To provide for conservation, enhanced recreation
opportunities, and development of renewable energy in the California
Desert Conservation Area, 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 `California Desert Protection Act of 2011'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the California Desert Protection Act of 1994.
`TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT
`Sec. 1301. Definitions.
`Sec. 1302. Establishment of the Mojave Trails National Monument.
`Sec. 1303. Management of the Monument.
`Sec. 1304. Uses of the monument.
`Sec. 1305. Acquisition of land.
`Sec. 1306. Advisory Committee.
`Sec. 1307. Renewable energy right-of-way applications.
`TITLE XIV--SAND TO SNOW NATIONAL MONUMENT
`Sec. 1401. Definitions.
`Sec. 1402. Establishment of the Sand to Snow National Monument.
`Sec. 1403. Management of the Monument.
`Sec. 1404. Uses of the Monument.
`Sec. 1405. Acquisition of land.
`Sec. 1406. Advisory Committee.
`TITLE XV--WILDERNESS
`Sec. 1501. Designation of wilderness areas.
`Sec. 1502. Management.
`Sec. 1503. Release of wilderness study areas.
`TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA
`Sec. 1601. Definitions.
`Sec. 1602. Establishment of the Vinagre Wash Special Management Area.
`Sec. 1603. Management.
`Sec. 1604. Potential wilderness.
`TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS
`Sec. 1701. Death Valley National Park boundary revision.
`Sec. 1702. Mojave National Preserve.
`Sec. 1703. Joshua Tree National Park boundary revision.
`Sec. 1704. Authorization of appropriations.
`TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
`Sec. 1801. Designation of off-highway vehicle recreation areas.
`TITLE XIX--MISCELLANEOUS
`Sec. 1901. State land transfers and exchanges.
`Sec. 1902. Military activities.
`Sec. 1903. Climate change and wildlife corridors.
`Sec. 1904. Prohibited uses of donated and acquired land.
`Sec. 1905. Tribal uses and interests.
Sec. 3. Designation of wild and scenic rivers.
SEC. 2. AMENDMENTS TO THE CALIFORNIA DESERT PROTECTION ACT OF 1994.
(a) In General- Public Law 103-433 (16 U.S.C. 410aaa et seq.) is amended by adding at the end the following:
`TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT
`SEC. 1301. DEFINITIONS.
`(1) MAP- The term `map' means the map entitled `Boundary Map, Mojave Trails National Monument' and dated November 19, 2009.
`(2) MONUMENT- The term `Monument' means the Mojave Trails National Monument established by section 1302(a).
`(3) STUDY AREA- The term `study area' means the land that--
`(i) the notice of the Bureau of Land
Management of September 15, 2008 entitled `Notice of Proposed
Legislative Withdrawal and Opportunity for Public Meeting; California'
(73 Fed. Reg. 53269); or
`(ii) any subsequent notice in the Federal Register that is related to the notice described in clause (i); and
`(B) has been segregated by the Director of the Bureau of Land Management.
`SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NATIONAL MONUMENT.
`(a) Establishment- There is designated in the State the Mojave Trails National Monument.
`(b) Purposes- The purposes of the Monument are--
`(1) to preserve the nationally significant biological,
cultural, recreational, geological, educational, historic, scenic, and
scientific values--
`(A) in the Central and Eastern Mojave Desert; and
`(B) along historic Route 66; and
`(2) to secure the opportunity for present and future
generations to experience and enjoy the magnificent vistas, wildlife,
land forms, and natural and cultural resources of the Monument.
`(1) IN GENERAL- Except as provided in paragraph (2),
the Monument shall consist of the Federal land and Federal interests in
land within the boundaries depicted on the map.
`(A) STUDY AREA- Subject to subparagraph (B), the
study area shall be excluded from the Monument to permit the Secretary
of the Navy to study the land within the study area for--
`(i) withdrawal in accordance with the Act of February 28, 1958 (43 U.S.C. 155 et seq.); and
`(ii) potential inclusion into the Marine Corps
Air Ground Combat Center at Twentynine Palms, California, for national
defense purposes.
`(B) INCORPORATION IN MONUMENT- After action by the
Secretary of Defense and Congress regarding the withdrawal under
subparagraph (A), any land within the study area that is not withdrawn
shall be incorporated into the Monument.
`(d) Map; Legal Descriptions-
`(1) LEGAL DESCRIPTION- As soon as practicable after
the date of enactment of this title, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate legal
descriptions of the Monument, based on the map.
`(2) CORRECTIONS- The map and legal descriptions of the
Monument shall have the same force and effect as if included in this
title, except that the Secretary may correct clerical and typographical
errors in the map and legal descriptions.
`(3) AVAILABILITY OF MAP- The map shall be on file and
available for public inspection in the appropriate offices of the Bureau
of Land Management.
`SEC. 1303. MANAGEMENT OF THE MONUMENT.
`(a) In General- The Secretary shall--
`(1) only allow uses of the Monument that--
`(A) further the purposes described in section 1302(b);
`(B) are included in the management plan developed under subsection (g); and
`(C) do not interfere with the utility rights-of-way or corridors authorized under section 1304(f); and
`(2) subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with--
`(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
`(C) any other applicable provisions of law.
`(b) Cooperation Agreements; General Authority- Consistent
with the management plan and existing authorities applicable to the
Monument, the Secretary may enter into cooperative agreements and shared
management arrangements (including special use permits with any person
(including educational institutions and Indian tribes)), for the
purposes of interpreting, researching, and providing education on the
resources of the Monument.
`(c) Administration of Subsequently Acquired Land- Any land
or interest in land within the boundaries of the Monument that is
acquired by the Secretary after the date of enactment of this title
shall be managed by the Secretary in accordance with this title.
`(1) PROPERTY RIGHTS- The establishment of the Monument does not--
`(i) any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;
`(ii) any land or interests in land held by the State, any political subdivision of the State, or any special district; or
`(iii) any private property rights within the boundaries of the Monument; or
`(B) grant to the Secretary any authority on or over non-Federal land not already provided by law.
`(2) AUTHORITY- The authority of the Secretary under
this title extends only to Federal land and Federal interests in land
included in the Monument.
`(e) Adjacent Management-
`(1) IN GENERAL- Nothing in this title creates any protective perimeter or buffer zone around the Monument.
`(2) ACTIVITIES OUTSIDE MONUMENT- The fact that an
activity or use on land outside the Monument can be seen or heard within
the Monument shall not preclude the activity or use outside the
boundary of the Monument.
`(3) NO ADDITIONAL REGULATION- Nothing in this title
requires additional regulation of activities on land outside the
boundary of the Monument.
`(f) Air and Water Quality- Nothing in this title affects
the standards governing air or water quality outside the boundary of the
Monument.
`(1) IN GENERAL- The Secretary shall--
`(A) not later than 3 years after the date of
enactment of this title, complete a management plan for the conservation
and protection of the Monument; and
`(B) on completion of the management plan--
`(i) submit the management plan to--
`(I) the Committee on Natural Resources of the House of Representatives; and
`(II) the Committee on Energy and Natural Resources of the Senate; and
`(ii) make the management plan available to the public.
`(2) INCLUSIONS- The management plan shall include provisions that--
`(A) provide for the conservation and protection of the Monument;
`(B) authorize the continued recreational uses of
the Monument (including hiking, camping, hunting, mountain biking,
sightseeing, off-highway vehicle recreation on designated routes,
rockhounding, and horseback riding), if the recreational uses are
consistent with this section and any other applicable law;
`(C) address the need for and, as necessary,
establish plans for, the installation, construction, and maintenance of
public utility energy transport facilities within rights-of-way in the
Monument, including provisions that require that the activities be
conducted in a manner that minimizes the impact on Monument resources
(including resources relating to the ecological, cultural, historic, and
scenic viewshed of the Monument), in accordance with any other
applicable law;
`(D) address the designation and maintenance of roads, trails, and paths in the Monument;
`(E) address regional fire management planning and
coordination between the Director of the Bureau of Land Management, the
Director of the National Park Service, and San Bernardino County; and
`(F) address the establishment of a visitor center to serve the Monument and adjacent public land.
`(3) PREPARATION AND IMPLEMENTATION-
`(A) APPLICABLE LAW- The Secretary shall prepare
and implement the management plan in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other
applicable laws.
`(B) CONSULTATION- In preparing and implementing the management plan, the Secretary shall periodically consult with--
`(i) the advisory committee established under section 1306;
`(ii) interested private property owners and
holders of valid existing rights located within the boundaries of the
Monument; and
`(iii) representatives of the Fort Mojave
Indian tribe, the Colorado River Indian Tribe, the Chemehuevi Indian
tribe, and other Indian tribes with historic or cultural ties to land
within, or adjacent to, the Monument regarding the management of
portions of the Monument containing sacred sites or cultural importance
to the Indian tribes.
`(4) INTERIM MANAGEMENT- Except as otherwise provided
in this Act, pending completion of the management plan for the Monument,
the Secretary shall manage any Federal land and Federal interests in
land within the boundary of the Monument--
`(A) consistent with the existing permitted uses of the land;
`(B) in accordance with the general guidelines and
authorities of the existing management plans of the Bureau of Land
Management for the land; and
`(C) in a manner consistent with--
`(i) the purposes described in section 1302(b);
`(ii) the provisions of the management plan under paragraph (2); and
`(iii) applicable Federal law.
`(h) Effect of Section- Nothing in this section diminishes
or alters existing authorities applicable to Federal land included in
the Monument.
`SEC. 1304. USES OF THE MONUMENT.
`(a) Use of Off-Highway Vehicles-
`(1) IN GENERAL- The use of off-highway vehicles in the
Monument (including the use of off-highway vehicles for commercial
touring) shall be permitted to continue on designated routes, subject to
all applicable law and and authorized by the management plan.
`(2) NONDESIGNATED ROUTES- Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument--
`(A) for administrative purposes;
`(B) to respond to an emergency; or
`(C) as authorized under the management plan.
`(3) INVENTORY- Not later than 2 years after the date
of enactment of this title, the Director of the Bureau of Land
Management shall complete an inventory of all existing routes in the
Monument.
`(b) Hunting, Trapping, and Fishing-
`(1) IN GENERAL- Except as provided in paragraph (2),
the Secretary shall permit hunting, trapping, and fishing within the
Monument in accordance with applicable Federal and State laws (including
regulations) in effect as of the date of enactment of this title.
`(2) TRAPPING- No amphibians or reptiles may be collected within the Monument.
`(3) REGULATIONS- The Secretary, after consultation
with the California Department of Fish and Game, may issue regulations
designating zones where, and establishing periods during which, no
hunting, trapping, or fishing shall be permitted in the Monument for
reasons of public safety, administration, resource protection, or public
use and enjoyment.
`(1) IN GENERAL- Nothing in this title terminates any valid existing grazing allotment within the Monument.
`(2) EFFECT ON BLAIR PERMIT- Nothing in this title
affects the Lazy Daisy grazing permit (permittee number 9076) on land
included in the Monument, including the transfer of title to the grazing
permit to the Secretary or to a private party.
`(3) PERMIT RETIREMENT- The Secretary may acquire base
property and associated grazing permits within the Monument for purposes
of permanently retiring the permit if--
`(A) the permittee is a willing seller;
`(B) the permittee and Secretary reach an agreement concerning the terms and conditions of the acquisition; and
`(C) termination of the allotment would further the purposes of the Monument described in section 1302(b).
`(d) Access to State and Private Land- The Secretary shall
provide adequate access to each owner of non-Federal land or interests
in non-Federal land within the boundary of the Monument to ensure the
reasonable use and enjoyment of the land or interest by the owner.
`(1) COMMERCIAL ENTERPRISES- Except as provided in
paragraphs (2) and (3), or as required for the maintenance, upgrade,
expansion, or development of energy transport facilities in the
corridors described in subsection (g), no commercial enterprises shall
be authorized within the boundary of the Monument after the date of
enactment of this title.
`(2) AUTHORIZED EXCEPTIONS- The Secretary may authorize
exceptions to paragraph (1) if the Secretary determines that the
commercial enterprises would further the purposes described in section
1302(b).
`(3) APPLICABILITY- This subsection does not apply to--
`(A) transmission and telecommunication facilities
that are owned or operated by a utility subject to regulation by the
Federal Government or a State government or a State utility with a
service obligation (as those terms are defined in section 217 of the
Federal Power Act (16 U.S.C. 824q)); or
`(B) commercial vehicular touring enterprises within the Monument that operate on designated routes.
`(f) Utility Rights-of-Way-
`(1) IN GENERAL- Nothing in this title precludes,
prevents, or inhibits the maintenance, upgrade, expansion, or
development of energy transport facilities within the Monument that are
critical to reducing the effects of climate change on the environment.
`(2) AUTHORIZATION- The Secretary shall, to the maximum extent practicable--
`(A) permit rights-of-way and alignments that best
protect the values and resources of the Monument described in section
1302(b); and
`(B) ensure that existing rights-of-way and utility
corridors within the Monument are fully utilized before permitting new
rights-of-way or designating new utility corridors within the Monument.
`(3) EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY- Nothing in this section terminates or limits--
`(A) any valid right-of-way within the Monument in
existence on the date of enactment of this title (including customary
operation, maintenance, repair, or replacement activities in a
right-of-way); or
`(B) a right-of-way authorization issued on the
expiration of an existing right-of-way authorization described in
subparagraph (A).
`(4) UPGRADING AND EXPANSION OF EXISTING RIGHTS-OF-WAY-
Nothing in this subsection prohibits the upgrading (including the
construction or replacement), expansion, or assignment of an existing
utility transmission line for the purpose of increasing the capacity
of--
`(A) a transmission line in existing rights-of-way; or
`(B) a right-of-way issued, granted, or permitted
by the Secretary that is contiguous or adjacent to existing transmission
line rights-of-way.
`(5) INTERSTATE 40 TRANSPORTATION CORRIDOR- For
purposes of underground utility rights-of-way under this subsection, the
Secretary shall consider the Interstate 40 transportation corridor to
be equivalent to an existing utility right-of-way corridor.
`(A) IN GENERAL- Any new rights-of-way or new uses within existing rights-of-way shall--
`(i) only be permitted in energy corridors or
expansions of energy corridors that are designated as of the date of
enactment of this title; and
`(ii) subject to subparagraph (B), require
review and approval under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
`(B) APPROVAL- New rights-of-way or uses or
expansions of existing corridors under subparagraph (A) shall only be
approved if the head of the applicable lead Federal agency, in
consultation with other agencies as appropriate, determines that the new
rights-of-way, uses, or expansions are consistent with--
`(ii) other applicable laws;
`(iii) the purposes of the Monument described in section 1302(b); and
`(iv) the management plan for the Monument.
`(g) West Wide Energy Corridor-
`(1) ALTERNATIVE ALIGNMENT- Subject to paragraph (2),
to further the purposes of the Monument described in section 1302(b),
the Secretary may require a realignment of the energy right-of-way
corridor numbered 27-41 and designated under the energy corridor
planning process established by section 368 of the Energy Policy Act of
2005 (42 U.S.C. 15926) if an alternative alignment within the Monument--
`(A) provides substantially similar energy transmission capacity and reliability;
`(B) does not impair other existing rights-of-way; and
`(C) is compatible with military training requirements.
`(2) CONSULTATION- Before establishing an alternative
alignment of the energy right-of-way corridor under paragraph (1), the
Secretary shall consult with--
`(A) the Secretary of Energy;
`(B) the Secretary of Defense;
`(C) the State, including the transmission permitting agency of the State;
`(D) units of local government in the State; and
`(E) any entities possessing valid existing rights-of-way within--
`(i) the energy corridor described in paragraph (1); or
`(ii) any potential alternative energy corridor.
`(3) EFFECT ON ENERGY TRANSPORT CORRIDORS- Nothing in
this subsection diminishes the utility of energy transport corridors
located within the Monument and identified under section 368 of the
Energy Policy Act of 2005 (42 U.S.C. 15926), Energy Corridors E or I (as
designated in the California Desert Conservation Area Plan), or energy
corridors numbered 27-41 and 27-225 and designated by a record of
decision--
`(A) to provide locations for--
`(i) electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; and
`(ii) oil, gas, and hydrogen pipelines; and
`(B) to provide locations for electric transmission facilities that--
`(i) promote renewable energy generation;
`(ii) otherwise further the interest of the United States if the transmission facilities are identified as critical--
`(I) in a Federal law; or
`(II) through a regional transmission planning process; or
`(iii) consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).
`(4) LAND USE PLANNING- In conducting land use planning for the Monument, the Secretary--
`(A) shall consider the existing locations of the corridors described in paragraph (3); and
`(B) subject to paragraph (5), may amend the
location of any energy corridors to comply with purposes of the Monument
if the amended corridor--
`(i) provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;
`(ii) meets the criteria established by--
`(I) section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); and
`(II) the record of decision for the applicable corridor; and
`(iii) does not impair or restrict the uses of existing rights-of-way.
`(5) CONSULTATION REQUIRED- Before amending a corridor
under paragraph (4)(B), the Secretary shall consult with all interested
parties (including the persons identified in section 368(a) of the
Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with
applicable laws (including regulations).
`(h) Overflights- Nothing in this title or the management plan restricts or precludes--
`(1) overflights (including low-level overflights) of
military, commercial, and general aviation aircraft that can be seen or
heard within the Monument;
`(2) the designation or creation of new units of special use airspace; or
`(3) the establishment of military flight training routes over the Monument.
`(1) IN GENERAL- Subject to valid existing rights and
except as provided in paragraph (2), the Federal land and interests in
Federal land included within the Monument are withdrawn from--
`(A) all forms of entry, appropriation, or disposal under the public land laws;
`(B) location, entry, and patent under the public land mining laws;
`(C) operation of the mineral leasing, geothermal leasing, and mineral materials laws; and
`(D) energy development and power generation.
`(2) EXCHANGE- Paragraph (1) does not apply to an
exchange that the Secretary determines would further the protective
purposes of the Monument.
`(j) Access to Renewable Energy Facilities-
`(1) IN GENERAL- On a determination that no reasonable
alternative access exists and subject to paragraph (2), the Secretary
may allow new right-of-ways within the Monument to provide vehicular
access to renewable energy project sites outside the boundaries of the
Monument.
`(2) RESTRICTIONS- To the maximum extent practicable,
the rights-of-way shall be designed and sited to be consistent with the
purposes of the Monument described in section 1302(b).
`SEC. 1305. ACQUISITION OF LAND.
`(a) In General- The Secretary may acquire for inclusion in
the Monument any land or interests in land within the boundary of the
Monument owned by the State, units of local government, Indian tribes,
or private individuals only by--
`(2) exchange with a willing party; or
`(3) purchase from a willing seller for fair market value.
`(b) Use of Easements- To the maximum extent practicable
and only with the approval of the landowner, the Secretary may use
permanent conservation easements to acquire an interest in land in the
Monument rather than acquiring fee simple title to the land.
`(c) Incorporation of Acquired Land and Interests in Land-
Any land or interest in land within the boundaries of the Monument that
is acquired by the United States after the date of enactment of this
title shall be added to and administered as part of the Monument.
`(d) Donated and Acquired Land-
`(1) IN GENERAL- All land within the boundary of the
Monument donated to the United States or acquired using amounts from the
land and water conservation fund established under section 2 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) before,
on, or after the date of enactment of this title--
`(A) is withdrawn from mineral entry;
`(B) shall be managed in accordance with section 1904; and
`(C) shall be managed consistent with the purposes of the Monument described in section 1302(b).
`(2) EFFECT ON MONUMENT- Land within the boundary of
the Monument that is contiguous to land donated to the United States or
acquired using amounts from the land and water conservation fund
established under section 2 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5) shall be managed in a manner consistent with
conservation purposes, subject to applicable law.
`SEC. 1306. ADVISORY COMMITTEE.
`(a) In General- The Secretary shall establish an advisory
committee for the Monument, the purpose of which is to advise the
Secretary with respect to the preparation and implementation of the
management plan required by section 1303(g).
`(b) Membership- To the extent practicable, the advisory
committee shall include the following members, to be appointed by the
Secretary:
`(1) A representative with expertise in natural science
and research selected from a regional university or research institute.
`(2) A representative of the California Natural Resources Agency.
`(3) A representative of the California Public Utilities Commission.
`(4) A representative of the County of San Bernardino, California.
`(5) A representative of each of the cities of Barstow, Needles, Twentynine Palms, and Yucca Valley, California.
`(6) A representative of each of the Colorado River, Fort Mojave, and the Chemehuevi Indian tribes.
`(7) A representative from the Department of Defense.
`(8) A representative of the Wildlands Conservancy.
`(9) A representative of a local conservation organization.
`(10) A representative of a historical preservation organization.
`(11) A representative from each of the following recreational activities:
`(A) Off-highway vehicles.
`(1) IN GENERAL- In appointing members under paragraphs
(1) through (11) of subsection (b), the Secretary shall appoint 1
primary member and 1 alternate member that meets the qualifications
described in each of those paragraphs.
`(A) PRIMARY MEMBER- A vacancy on the advisory
committee with respect to a primary member shall be filled by the
applicable alternate member.
`(B) ALTERNATE MEMBER- The Secretary shall appoint a
new alternate members in the event of a vacancy with respect to an
alternate member of the advisory committee.
`(A) IN GENERAL- The term of all members of the
advisory committee shall terminate on the termination of the advisory
committee under subsection (g).
`(B) NEW ADVISORY COMMITTEE- At the discretion of
the Secretary, the Secretary may establish a new advisory committee on
the termination of the advisory committee under subsection (g) to
provide ongoing recommendations on the management of the Monument.
`(d) Quorum- A quorum of the advisory committee shall consist of a majority of the primary members.
`(e) Chairperson and Procedures-
`(1) IN GENERAL- The advisory committee shall select a
chairperson and vice chairperson from among the primary members of the
advisory committee.
`(2) DUTIES- The chairperson and vice chairperson
selected under paragraph (1) shall establish any rules and procedures
for the advisory committee that the chairperson and vice-chairperson
determine to be necessary or desirable.
`(f) Service Without Compensation- Members of the advisory committee shall serve without pay.
`(g) Termination- The advisory committee shall cease to exist on--
`(1) the date on which the management plan is officially adopted by the Secretary; or
`(2) at the discretion of the Secretary, a later date established by the Secretary.
`SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICATIONS.
`(a) In General- Applicants for rights-of-way for the
development of solar energy facilities that have been terminated by the
establishment of the Monument shall be granted the right of first
refusal to apply for replacement sites that--
`(1) have not previously been encumbered by right-of-way applications; and
`(2) are located within the Solar Energy Zones
designated by the Solar Energy Programmatic Environmental Impact
Statement of the Department of the Interior and the Department of
Energy.
`(b) Eligibility- To be eligible for a right of first
refusal under subsection (a), an applicant shall have, on or before
December 1, 2009--
`(1) submitted an application for a right-of-way to the Bureau of Land Management;
`(2) completed a plan of development to develop a solar energy facility on land within the Monument;
`(3) submitted cost recovery funds to the Bureau of
Land Management to assist with the costs of processing the right-of-way
application;
`(4) successfully submitted an application for an
interconnection agreement with an electrical grid operator that is
registered with the North American Electric Reliability Corporation; and
`(5)(A) secured a power purchase agreement; or
`(B) a financially and technically viable solar energy
facility project, as determined by the Director of the Bureau of Land
Management.
`(c) Equivalent Energy Production- Each right-of-way for a replacement site granted under this section shall--
`(1) authorize the same energy production at the
replacement site as had been applied for at the site that had been the
subject of the terminated application; and
`(A) appropriate solar insolation and geotechnical attributes; and
`(B) adequate access to existing transmission or feasible new transmission.
`(d) Existing Rights-of-Way Applications- Nothing in this
section alters, affects, or displaces primary rights-of-way applications
within the Solar Energy Study Areas unless the applications are
otherwise altered, affected, or displaced as a result of the Solar
Energy Programmatic Environmental Impact Statement of the Department of
the Interior and the Department of Energy.
`(e) Deadlines- A right of first refusal granted under this section shall only be exercisable by the later of--
`(1) the date that is 180 days after the date of enactment of this title; or
`(2) the date that is 180 days after the date of the
designation of the Solar Energy Zones under the Solar Energy
Programmatic Environmental Impact Statement.
`(f) Expedited Application Processing- The Secretary shall
expedite the review of replacement site applications from eligible
applicants, as described in subsection (b).
`TITLE XIV--SAND TO SNOW NATIONAL MONUMENT
`SEC. 1401. DEFINITIONS.
`(1) MAP- The term `map' means the map entitled `Boundary Map, Sand to Snow National Monument' and dated October 26, 2009.
`(2) MONUMENT- The term `Monument' means the Sand to Snow National Monument established by section 1402(a).
`(3) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
`SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NATIONAL MONUMENT.
`(a) Establishment- There is designated in the State the Sand to Snow National Monument.
`(b) Purposes- The purposes of the Monument are--
`(1) to preserve the nationally significant biological,
cultural, educational, geological, historic, scenic, and recreational
values at the convergence of the Mojave and Colorado Desert and the San
Bernardino Mountains; and
`(2) to secure the opportunity for present and future
generations to experience and enjoy the magnificent vistas, wildlife,
land forms, and natural and cultural resources of the Monument.
`(c) Boundaries- The Monument shall consist of the Federal
land and Federal interests in land within the boundaries depicted on the
map.
`(d) Map; Legal Descriptions-
`(1) LEGAL DESCRIPTION- As soon as practicable after
the date of enactment of this title, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate legal
descriptions of the Monument, based on the map.
`(2) CORRECTIONS- The map and legal descriptions of the
Monument shall have the same force and effect as if included in this
title, except that the Secretary may correct clerical and typographical
errors in the map and legal descriptions.
`(3) AVAILABILITY OF MAP- The map shall be on file and
available for public inspection in appropriate offices of the Bureau of
Land Management.
`SEC. 1403. MANAGEMENT OF THE MONUMENT.
`(a) In General- The Secretary shall--
`(1) only allow uses of the Monument that--
`(A) further the purposes described in section 1402(b);
`(B) are included in the management plan developed under subsection (g); and
`(C) do not interfere with the utility rights-of-way authorized under section 1405(e); and
`(2) subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with--
`(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
`(C) any other applicable provisions of law.
`(b) Cooperation Agreements; General Authority- Consistent
with the management plan and existing authorities applicable to the
Monument, the Secretary may enter into cooperative agreements and shared
management arrangements (including special use permits with any person
(including educational institutions and Indian tribes)), for the
purposes of interpreting, researching, and providing education on the
resources of the Monument.
`(c) Administration of Subsequently Acquired Land- Any land
or interest in land within the boundaries of the Monument that is
acquired by the Secretary of the Interior or the Secretary of
Agriculture after the date of enactment of this title shall be managed
by the Secretary of Agriculture or the Secretary of the Interior,
respectively, in accordance with this title.
`(1) PROPERTY RIGHTS- The establishment of the Monument does not--
`(i) any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;
`(ii) any land or interests in land held by the State, any political subdivision of the State, or any special district; or
`(iii) any private property rights within the boundaries of the Monument; or
`(B) grant to the Secretary any authority on or over non-Federal land not already provided by law.
`(2) AUTHORITY- The authority of the Secretary under
this title extends only to Federal land and Federal interests in land
included in the Monument.
`(e) Adjacent Management-
`(1) IN GENERAL- Nothing in this title creates any protective perimeter or buffer zone around the Monument.
`(2) ACTIVITIES OUTSIDE MONUMENT- The fact that an
activity or use on land outside the Monument can be seen or heard within
the Monument shall not preclude the activity or use outside the
boundary of the Monument.
`(3) NO ADDITIONAL REGULATION- Nothing in this title
requires additional regulation of activities on land outside the
boundary of the Monument.
`(f) Air and Water Quality- Nothing in this title affects
the standards governing air or water quality outside the boundary of the
Monument.
`(1) IN GENERAL- The Secretaries shall--
`(A) not later than 3 years after the date of
enactment of this title, complete a management plan for the conservation
and protection of the Monument; and
`(B) on completion of the management plan--
`(i) submit the management plan to--
`(I) the Committee on Natural Resources of the House of Representatives; and
`(II) the Committee on Energy and Natural Resources of the Senate; and
`(ii) make the management plan available to the public.
`(2) INCLUSIONS- The management plan shall include provisions that--
`(A) provide for the conservation and protection of the Monument;
`(B) authorize the continued recreational uses of
the Monument (including hiking, camping, hunting, mountain biking,
sightseeing, off-highway vehicle recreation on designated routes,
rockhounding, and horseback riding), if the recreational uses are
consistent with this title and any other applicable law;
`(C) address the need for and, as necessary,
establish plans for, the installation, construction, and maintenance of
public utility energy transport facilities within rights-of-way in the
Monument outside of designated wilderness areas, including provisions
that require that--
`(i) the activities be conducted in a manner
that minimizes the impact on Monument resources (including resources
relating to the ecological, cultural, historic, and scenic viewshed of
the Monument), in accordance with any other applicable law; and
`(ii) the facilities are consistent with this section and any other applicable law;
`(D) address the designation and maintenance of roads, trails, and paths in the Monument;
`(E) address regional fire management planning and
coordination between the Director of the Bureau of Land Management, the
Chief of the Forest Service, Riverside County, and San Bernardino
County; and
`(F) address the establishment of a visitor center to serve the Monument and adjacent public land.
`(3) PREPARATION AND IMPLEMENTATION-
`(A) APPLICABLE LAW- The Secretary shall prepare
and implement the management plan in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other
applicable laws.
`(B) CONSULTATION- In preparing and implementing the management plan, the Secretary shall periodically consult with--
`(i) the advisory committee established under section 1406;
`(ii) interested private property owners and
holders of valid existing rights located within the boundaries of the
Monument; and
`(iii) representatives of the Morongo Band of
Mission Indians and other Indian tribes with historic or cultural ties
to land within, or adjacent to, the Monument regarding the management of
portions of the Monument that are of cultural importance to the Indian
tribes.
`(4) INTERIM MANAGEMENT- Except as otherwise prohibited
by this Act, pending completion of the management plan for the
Monument, the Secretary shall manage any Federal land and Federal
interests in land within the boundary of the Monument--
`(A) consistent with the existing permitted uses of the land;
`(B) in accordance with the general guidelines and
authorities of the existing management plans of the Bureau of Land
Management and the Forest Service for the land; and
`(C) in a manner consistent with--
`(i) the purposes described in section 1402(b);
`(ii) the provisions of the management plan under paragraph (2); and
`(iii) applicable Federal law.
`(5) EFFECT OF SECTION- Nothing in this section
diminishes or alters existing authorities applicable to Federal land
included in the Monument.
`SEC. 1404. USES OF THE MONUMENT.
`(a) Use of Off-Highway Vehicles-
`(1) IN GENERAL- The use of off-highway vehicles in the
Monument (including the use of off-highway vehicles for commercial
touring) shall be permitted to continue on designated routes, subject to
all applicable law and authorized by the management plan.
`(2) NONDESIGNATED ROUTES- Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument--
`(A) for administrative purposes;
`(B) to respond to an emergency; or
`(C) as authorized under the management plan.
`(3) INVENTORY- Not later than 2 years after the date
of enactment of this title, the Director of the Bureau of Land
Management shall complete an inventory of all existing routes in the
Monument.
`(b) Hunting, Trapping, and Fishing-
`(1) IN GENERAL- Except as provided in paragraph (2),
the Secretary shall permit hunting, trapping, and fishing within the
Monument in accordance with applicable Federal and State laws (including
regulations) as of the date of enactment of this title.
`(2) TRAPPING- No amphibians or reptiles may be collected within the Monument.
`(3) REGULATIONS- The Secretary, after consultation
with the California Department of Fish and Game, may issue regulations
designating zones where, and establishing periods during which, no
hunting, trapping, or fishing shall be permitted in the Monument for
reasons of public safety, administration, resource protection, or public
use and enjoyment.
`(c) Access to State and Private Land- The Secretary shall
provide adequate access to each owner of non-Federal land or interests
in non-Federal land within the boundary of the Monument to ensure the
reasonable use and enjoyment of the land or interest by the owner.
`(1) COMMERCIAL ENTERPRISES- Except as provided in
paragraphs (2) and (3), or as required for the maintenance, upgrade,
expansion, or development of energy transport facilities in the
corridors described in subsection (e), no commercial enterprises shall
be authorized within the boundary of the Monument after the date of
enactment of this title.
`(2) AUTHORIZED EXCEPTIONS- The Secretary may authorize
exceptions to paragraph (1) if the Secretary determines that the
commercial enterprises would further the purposes described in section
1402(b).
`(3) TRANSMISSION AND TELECOMMUNICATION FACILITIES- This subsection does not apply to--
`(A) transmission and telecommunication facilities
that are owned or operated by a utility subject to regulation by the
Federal Government or a State government or a State utility with a
service obligation (as those terms are defined in section 217 of the
Federal Power Act (16 U.S.C. 824q)); or
`(B) commercial vehicular touring enterprises within the Monument that operate on designated routes.
`(e) Utility Rights-of-Way-
`(1) IN GENERAL- Nothing in this Act precludes,
prevents, or inhibits the maintenance, upgrade, expansion, or
development of energy transport facilities within the Monument that are
critical to reducing the effects of climate change on the environment.
`(2) RIGHT-OF-WAY- To the maximum extent practicable--
`(A) the Secretary shall permit rights of way and
alignments that best protect the values and resources of the Monument
described in section 1402(b); and
`(B) the Secretary shall ensure that existing
rights-of-way and utility corridors within the Monument are fully
utilized before permitting new rights-of-way or designating new utility
corridors within the Monument.
`(3) EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY- Nothing in this section terminates or limits--
`(A) any valid right-of-way in existence within the
Monument on the date of enactment of this title (including customary
operation, maintenance, repair, or replacement activities in a
right-of-way); or
`(B) a right-of-way authorization issued on the
expiration or the assignment of an existing right-of-way authorization
described in subparagraph (A).
`(4) UPGRADING AND EXPANSION OF EXISTING RIGHTS-OF-WAY-
Nothing in this subsection prohibits the upgrading (including the
construction or replacement), expansion, or assignment of an existing
utility transmission line for the purpose of increasing the capacity
of--
`(A) a transmission line in existing rights-of-way; or
`(B) a right-of-way issued, granted, or permitted
by the Secretary that is contiguous or adjacent to existing transmission
line rights-of-way.
`(A) IN GENERAL- Any new rights-of-way or new uses
within existing rights-of-way shall, subject to subparagraph (B),
require review and approval under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
`(B) APPROVAL- New uses under subparagraph (A)
shall only be approved if the head of the applicable lead Federal
agency, in consultation with other applicable agencies, determine that
the uses are consistent with--
`(ii) other applicable laws;
`(iii) the purposes of the Monument described in section 1402(b); and
`(iv) the management plan for the Monument.
`(6) EFFECT ON ENERGY TRANSPORT CORRIDORS- Nothing in
this subsection diminishes the utility of energy transport corridors
located within the Monument designated by a record of decision--
`(A) to provide locations for--
`(i) electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; and
`(ii) oil, gas, and hydrogen pipelines; and
`(B) to provide locations for electric transmission facilities that--
`(i) promote renewable energy generation;
`(ii) otherwise further the interest of the
United States if the transmission facilities are identified as critical
in law or through a regional transmission planning process; or
`(iii) consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).
`(7) LAND USE PLANNING- In conducting land use planning for the Monument, the Secretary--
`(A) shall consider the existing locations of the corridors described in paragraph (6); and
`(B) subject to paragraph (8), may amend the
location of any energy corridors to comply with purposes of the Monument
if the amended corridor--
`(i) provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;
`(ii) meets the criteria established by--
`(I) section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); and
`(II) the record of decision for the applicable corridor; and
`(iii) does not impair or restrict the uses of existing rights-of-way.
`(8) CONSULTATION REQUIRED- Before amending a corridor
under paragraph (7)(B), the Secretary shall consult with all interested
parties (including the persons identified in section 368(a) of the
Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with
applicable laws (including regulations).
`(f) Overflights- Nothing in this title or the management plan restricts or precludes--
`(1) overflights (including low-level overflights) of
military, commercial, and general aviation aircraft that can be seen or
heard within the Monument;
`(2) the designation or creation of new units of special use airspace; or
`(3) the establishment of military flight training routes over the Monument.
`(1) IN GENERAL- Subject to valid existing rights and
except as provided in paragraph (2), the Federal land and interests in
Federal land included within the Monument are withdrawn from--
`(A) all forms of entry, appropriation, or disposal under the public land laws;
`(B) location, entry, and patent under the public land mining laws;
`(C) operation of the mineral leasing, geothermal leasing, and mineral materials laws; and
`(D) energy development and power generation.
`(2) EXCHANGE- Paragraph (1) does not apply to an
exchange that the Secretary determines would further the protective
purposes of the Monument.
`(h) Access to Renewable Energy Facilities-
`(1) IN GENERAL- Subject to paragraph (2), the
Secretary may allow new right-of-ways within the Monument to provide
reasonable vehicular access to renewable energy project sites outside
the boundaries of the Monument.
`(2) RESTRICTIONS- To the maximum extent practicable,
the rights-of-way shall be designed and sited to be consistent with the
purposes of the Monument described in section 1402(b).
`SEC. 1405. ACQUISITION OF LAND.
`(a) In General- The Secretary may acquire for inclusion in
the Monument any land or interests in land within the boundary of the
Monument owned by the State, units of local government, Indian tribes,
or private individuals only by--
`(2) exchange with a willing party; or
`(3) purchase from a willing seller for fair market value.
`(b) Use of Easements- To the maximum extent practicable
and only with the approval of the landowner, the Secretary may use
permanent conservation easements to acquire an interest in land in the
Monument rather than acquiring fee simple title to the land.
`(c) Incorporation of Acquired Land and Interests in Land-
Any land or interest in land within the boundaries of the Monument that
is acquired by the United States after the date of enactment of this
title shall be added to and administered as part of the Monument.
`(d) Donated and Acquired Land-
`(1) IN GENERAL- All land within the boundary of the
Monument donated to the United States or acquired using amounts from the
land and water conservation fund established under section 2 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) before,
on, or after the date of enactment of this title--
`(A) is withdrawn from mineral entry;
`(B) shall be managed in accordance with section 1904; and
`(C) shall be managed consistent with the purposes of the Monument described in section 1402(b).
`(2) EFFECT ON MONUMENT- Land within the boundary of
the Monument that is contiguous to land donated to the United States or
acquired using amounts from the land and water conservation fund
established under section 2 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5) shall be managed in a manner consistent with
conservation purposes, subject to applicable law.
`SEC. 1406. ADVISORY COMMITTEE.
`(a) In General- The Secretary shall establish an advisory
committee for the Monument, the purpose of which is to advise the
Secretary with respect to the preparation and implementation of the
management plan required by section 1403(g).
`(b) Membership- To the extent practicable, the advisory
committee shall include the following members, to be appointed by the
Secretary:
`(1) A representative with expertise in natural science
and research selected from a regional university or research institute.
`(2) A representative of the Department of Defense.
`(3) A representative of the California Natural Resources Agency.
`(4) A representative of each of San Bernardino and Riverside Counties, California.
`(5) A representative of each of the cities of Desert Hot Springs and Yucca Valley, California.
`(6) A representative of the Morongo Band of Mission Indians.
`(7) A representative of the Friends of Big Morongo Preserve.
`(8) A representative of the Wildlands Conservancy.
`(9) A representative of the Coachella Valley Mountains Conservancy.
`(10) A representative of the San Gorgonio Wilderness Association.
`(11) A representative of the Morongo Basin Community Services District.
`(12) A representative from each of the following recreational activities:
`(A) Off-highway vehicles.
`(1) IN GENERAL- In appointing members under paragraphs
(1) through (12) of subsection (b), the Secretary shall appoint 1
primary member and 1 alternate member that meets the qualifications
described in each of those paragraphs.
`(A) PRIMARY MEMBER- A vacancy on the advisory
committee with respect to a primary member shall be filled by the
applicable alternate member.
`(B) ALTERNATE MEMBER- The Secretary shall appoint a
new alternate members in the event of a vacancy with respect to an
alternate member of the advisory committee.
`(A) IN GENERAL- The term of all members of the
advisory committee shall terminate on the termination of the advisory
committee under subsection (g).
`(B) NEW ADVISORY COMMITTEE- At the discretion of
the Secretary, the Secretary may establish a new advisory committee on
the termination of the advisory committee under subsection (g) to
provide ongoing recommendations on the management of the Monument.
`(d) Quorum- A quorum of the advisory committee shall consist of a majority of the primary members.
`(e) Chairperson and Procedures-
`(1) IN GENERAL- The advisory committee shall select a
chairperson and vice chairperson from among the primary members of the
advisory committee.
`(2) DUTIES- The chairperson and vice chairperson
selected under paragraph (1) shall establish any rules and procedures
for the advisory committee that the chairperson and vice-chairperson
determine to be necessary or desirable.
`(f) Service Without Compensation- Members of the advisory committee shall serve without pay.
`(g) Termination- The advisory committee shall cease to exist on--
`(1) the date on which the management plan is officially adopted by the Secretary; or
`(2) at the discretion of the Secretary, a later date established by the Secretary.
`TITLE XV--WILDERNESS
`SEC. 1501. DESIGNATION OF WILDERNESS AREAS.
`(a) Designation of Wilderness Areas To Be Administered by
the Bureau of Land Management- In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following
land in the State is designated as wilderness areas and as components of
the National Wilderness Preservation System:
`(1) AVAWATZ MOUNTAINS WILDERNESS- Certain land in the
Conservation Area administered by the Director of the Bureau of Land
Management, comprising approximately 86,614 acres, as generally depicted
on the map entitled `Avawatz Mountains Proposed Wilderness' and dated
July 15, 2009, to be known as the `Avawatz Mountains Wilderness'.
`(2) GOLDEN VALLEY WILDERNESS- Certain land in the
Conservation Area administered by the Director of the Bureau of Land
Management, comprising approximately 21,633 acres, as generally depicted
on the map entitled `Golden Valley Proposed Wilderness' and dated July
15, 2009, which shall be considered to be part of the `Golden Valley
Wilderness'.
`(3) GREAT FALLS BASIN WILDERNESS-
`(A) IN GENERAL- Certain land in the Conservation
Area administered by the Director of the Bureau of Land Management,
comprising approximately 7,871 acres, as generally depicted on the map
entitled `Great Falls Basin Proposed Wilderness' and dated October 26,
2009, to be known as the `Great Falls Basin Wilderness'.
`(B) LIMITATIONS- Designation of the wilderness
under subparagraph (A) shall not establish a Class I Airshed under the
Clean Air Act (42 U.S.C. 7401 et seq.).
`(4) KINGSTON RANGE WILDERNESS- Certain land in the
Conservation Area administered by the Bureau of Land Management,
comprising approximately 53,321 acres, as generally depicted on the map
entitled `Kingston Range Proposed Wilderness Additions' and dated July
15, 2009, which shall be considered to be a part of as the `Kingston
Range Wilderness'.
`(5) SODA MOUNTAINS WILDERNESS- Certain land in the
Conservation Area, administered by the Bureau of Land Management,
comprising approximately 79,376 acres, as generally depicted on the map
entitled `Soda Mountains Proposed Wilderness' and dated October 26,
2009, to be known as the `Soda Mountains Wilderness'.
`(b) Designation of Wilderness Areas To Be Administered by
the National Park Service- In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land
in the State is designated as wilderness areas and as components of the
National Wilderness Preservation System:
`(1) DEATH VALLEY NATIONAL PARK WILDERNESS ADDITIONS-
Certain land in the Conservation Area administered by the Director of
the National Park Service, comprising approximately 59,264 acres, as
generally depicted on the map entitled `Death Valley National Park
Additions' and dated October 1, 2009, which shall be considered to be a
part of the Death Valley National Park Wilderness.
`(2) BOWLING ALLEY WILDERNESS- Certain land in the
Conservation Area administered by the Director of the Bureau of Land
Management, comprising approximately 30,888 acres, as generally depicted
on the map entitled `Death Valley National Park Proposed Wilderness
Area', numbered 143/100080, and dated June 2009, which shall be
considered to be a part of the Death Valley National Park Wilderness.
`(c) Designation of Wilderness Area To Be Administered by the Forest Service-
`(1) IN GENERAL- In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the land in
the State described in paragraph (2) is designated as a wilderness area
and as a component of the National Wilderness Preservation System.
`(2) DESCRIPTION OF LAND- The land referred to in
paragraph (1) is certain land in the San Bernardino National Forest,
comprising approximately 7,141 acres, as generally depicted on the map
entitled `Proposed Sand to Snow National Monument' and dated October 26,
2009, which shall considered to be a part of the San Gorgonio
Wilderness.
`SEC. 1502. MANAGEMENT.
`(a) Adjacent Management-
`(1) IN GENERAL- Nothing in this title creates any
protective perimeter or buffer zone around the wilderness areas
designated by section 1501.
`(2) ACTIVITIES OUTSIDE WILDERNESS AREAS-
`(A) IN GENERAL- The fact that an activity
(including military activities) or use on land outside a wilderness area
designated by section 1501 can be seen or heard within the wilderness
area shall not preclude or restrict the activity or use outside the
boundary of the wilderness area.
`(B) EFFECT ON NONWILDERNESS ACTIVITIES-
`(i) IN GENERAL- In any permitting proceeding
(including a review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)) conducted with respect to a project described
in clause (ii) that is formally initiated through a notice in the
Federal Register before December 31, 2013, the consideration of any
visual, noise, or other impacts of the project on a wilderness area
designated by section 1501 shall be conducted based on the status of the
area before designation as wilderness.
`(ii) DESCRIPTION OF PROJECTS- A project referred to in clause (i) is a renewable energy project--
`(I) for which the Bureau of Land
Management has received a right-of-way use application on or before the
date of enactment of this Act; and
`(II) that is located outside the boundary of a wilderness area designated by section 1501.
`(3) NO ADDITIONAL REGULATION- Nothing in this title
requires additional regulation of activities on land outside the
boundary of the wilderness areas.
`(4) EFFECT ON MILITARY OPERATIONS- Nothing in this Act
alters any authority of the Secretary of Defense to conduct any
military operations at desert installations, facilities, and ranges of
the State that are authorized under any other provision of law.
`(b) Maps; Legal Descriptions-
`(1) IN GENERAL- As soon as practicable after the date
of enactment of this title, the Secretary shall file a map and legal
description of each wilderness area and wilderness addition designated
by section 1501 with--
`(A) the Committee on Natural Resources of the House of Representatives; and
`(B) 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 maps
and legal descriptions.
`(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.
`(c) Administration- Subject to valid existing rights, the
land designated as wilderness or as a wilderness addition by section
1501 shall be administered by the Secretary in accordance with this Act
and 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 title.
`SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS.
`(a) 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 a wilderness area or wilderness addition
by section 1501 or any other Act enacted before the date of enactment of
this title has been adequately studied for wilderness.
`(b) Description of Study Areas- The study areas referred to in subsection (a) are--
`(1) the Cady Mountains Wilderness Study Area;
`(2) the Great Falls Basin Wilderness Study Area; and
`(3) the Soda Mountains Wilderness Study Area.
`(c) Release- Any portion of a wilderness study area
described in subsection (b) that is not designated as a wilderness area
or wilderness addition by section 1501 is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
`TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA
`SEC. 1601. DEFINITIONS.
`(1) MANAGEMENT AREA- The term `Management Area' means the Vinagre Wash Special Management Area.
`(2) MAP- The term `map' means the map entitled `Vinagre Wash Special Management Area-Proposed' and dated November 10, 2009.
`(3) PUBLIC LAND- The term `public land' has the
meaning given the term `public lands' in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702).
`(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
`SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPECIAL MANAGEMENT AREA.
`(a) Establishment- There is established the Vinagre Wash
Special Management Area in the State, to be managed by the El Centro
Field Office and the Yuma Field Office of the Bureau of Land Management.
`(b) Purpose- The purpose of the Management Area is to conserve, protect, and enhance--
`(1) the plant and wildlife values of the Management Area; and
`(2) the outstanding and nationally significant
ecological, geological, scenic, recreational, archaeological, cultural,
historic, and other resources of the Management Area.
`(c) Boundaries- The Management Area shall consist of the
public land in Imperial County, California, comprising approximately
74,714 acres, as generally depicted on the map.
`(d) Map; Legal Description-
`(1) IN GENERAL- As soon as practicable, but not later
than 3 years, after the date of enactment of this title, the Secretary
shall submit a map and legal description of the Management Area to--
`(A) the Committee on Natural Resources of the House of Representatives; and
`(B) the Committee on Energy and Natural Resources of the Senate.
`(2) EFFECT- The map and legal description submitted
under paragraph (1) shall have the same force and effect as if included
in this title, except that the Secretary may correct any errors in the
map and legal description.
`(3) AVAILABILITY- Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in--
`(A) the Office of the Director of the Bureau of Land Management; and
`(B) the appropriate office of the Bureau of Land Management in the State.
`SEC. 1603. MANAGEMENT.
`(a) In General- The Secretary shall allow hiking, camping,
hunting, and sightseeing and the use of motorized vehicles, mountain
bikes, and horses on designated routes in the Management Area in a
manner that--
`(1) is consistent with the purpose of the Management Area described in section 1602(b);
`(2) ensures public health and safety; and
`(3) is consistent with applicable law.
`(b) Off-Highway Vehicle Use-
`(1) IN GENERAL- Subject to paragraphs (2) and (3) and
all other applicable laws, the use of off-highway vehicles shall be
permitted on routes in the Management Area generally depicted on the
map.
`(2) CLOSURE- The Secretary may temporarily close or permanently reroute a portion of a route described in paragraph (1)--
`(A) to prevent, or allow for restoration of, resource damage;
`(B) to protect tribal cultural resources,
including the resources identified in the tribal cultural resources
management plan developed under section 1905(c);
`(C) to address public safety concerns; or
`(D) as otherwise required by law.
`(3) DESIGNATION OF ADDITIONAL ROUTES- During the
3-year period beginning on the date of enactment of this title, the
Secretary--
`(A) shall accept petitions from the public regarding additional routes for off-highway vehicles; and
`(B) may designate additional routes that the Secretary determines--
`(i) would provide significant or unique recreational opportunities; and
`(ii) are consistent with the purposes of the Management Area.
`(c) Withdrawal- Subject to valid existing rights, all Federal land within the Management Area is withdrawn from--
`(1) all forms of entry, appropriation, or disposal under the public land laws;
`(2) location, entry, and patent under the mining laws; and
`(3) right-of-way, leasing, or disposition under all laws relating to--
`(B) solar, wind, and geothermal energy.
`(d) No Buffers- The establishment of the Management Area shall not--
`(1) create a protective perimeter or buffer zone around the Management Area; or
`(2) preclude uses or activities outside the Management
Area that are permitted under other applicable laws, even if the uses
or activities are prohibited within the Management Area.
`(e) Notice of Available Routes- The Secretary shall ensure
that visitors to the Management Area have access to adequate notice
relating to the availability of designated routes in the Management Area
through--
`(1) the placement of appropriate signage along the designated routes;
`(2) the distribution of maps, safety education
materials, and other information that the Secretary determines to be
appropriate; and
`(3) restoration of areas that are not designated as open routes, including vertical mulching.
`(f) Stewardship- The Secretary, in consultation with
Indian tribes and other interests, shall develop a program to provide
opportunities for monitoring and stewardship of the Management Area to
minimize environmental impacts and prevent resource damage from
recreational use, including volunteer assistance with--
`(2) restoration of closed routes;
`(3) protection of Management Area resources; and
`(4) recreation education.
`(g) Protection of Tribal Cultural Resources- Not later
than 2 years after the date of enactment of this title, the Secretary,
in accordance with the National Historic Preservation Act (16 U.S.C. 470
et seq.) and any other applicable law, shall--
`(1) prepare and complete a tribal cultural resources survey of the Management Area; and
`(2) consult with the Quechan Indian Nation and other
Indian tribes demonstrating ancestral, cultural, or other ties to the
resources within the Management Area on the development and
implementation of the tribal cultural resources survey under paragraph
(1).
`SEC. 1604. POTENTIAL WILDERNESS.
`(a) Protection of Wilderness Character-
`(1) IN GENERAL- The Secretary shall manage the Federal
land in the Management Area described in paragraph (2) in a manner that
preserves the character of the land for the eventual inclusion of the
land in the National Wilderness Preservation System.
`(2) DESCRIPTION OF LAND- The Federal land described in this paragraph is--
`(A) the approximately 9,160 acres of land, as
generally depicted on the map entitled `Indian Pass Wilderness
Additions-Proposed' and dated November 10, 2009;
`(B) the approximately 17,436 acres of land, as
generally depicted on the map entitled `Milpitas Wash Wilderness
Area-Proposed' and dated November 10, 2009;
`(C) the approximately 13,647 acres of land, as
generally depicted on the map entitled `Buzzard Peak Wilderness
Area-Proposed' and dated November 10, 2009; and
`(D) the approximately 8,090 acres of land, as
generally depicted on the map entitled `Palo Verde Mountain Wilderness
Additions-Proposed' and dated November 10, 2009.
`(A) MILITARY USES- The Secretary shall manage the
Federal land in the Management Area described in paragraph (2) in a
manner that is consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that the Secretary may authorize use of the land by the
Secretary of the Navy for Naval Special Warfare Tactical Training,
including long-range small unit training and navigation, vehicle
concealment, and vehicle sustainment training, in accordance with
applicable Federal laws.
`(B) PROHIBITED USES- The following shall be prohibited on the Federal land described in paragraph (2):
`(ii) Commercial enterprises.
`(iii) Except as necessary to meet the minimum
requirements for the administration of the Federal land and to protect
public health and safety--
`(I) the use of mechanized vehicles; and
`(II) the establishment of temporary roads.
`(4) WILDERNESS DESIGNATION-
`(A) IN GENERAL- The Federal land described in
paragraph (2) shall be designated as wilderness and as a component of
the National Wilderness Preservation System on the date on which the
Secretary, in consultation with the Secretary of Defense, publishes a
notice in the Federal Register that all activities on the Federal land
that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.)
have terminated.
`(B) DESIGNATION- On designation of the Federal land under clause (i)--
`(i) the land described in paragraph (2)(A)
shall be incorporated in, and shall be considered to be a part of, the
Indian Pass Wilderness;
`(ii) the land described in paragraph (2)(B) shall be designated as the `Milpitas Wash Wilderness';
`(iii) the land described in paragraph (2)(C) shall be designated as the `Buzzard Peak Wilderness'; and
`(iv) the land described in paragraph (2)(D)
shall be incorporated in, and shall be considered to be a part of, the
Palo Verde Mountains Wilderness.
`(b) Administration of Wilderness- 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 this Act and the Wilderness Act (16 U.S.C. 1131 et
seq.).
`TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS
`SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.
`(a) In General- The boundary of Death Valley National Park is adjusted to include--
`(1) the approximately 33,041 acres of Bureau of Land
Management land abutting the southern end of the Death Valley National
Park that lies between Death Valley National Park to the north and Ft.
Irwin Military Reservation to the south and which runs approximately 34
miles from west to east, as depicted on the map entitled `Death Valley
National Park Proposed Boundary Addition', numbered 143/100,080, and
dated June 2009;
`(2) the approximately 6,379 acres of Bureau of Land
Management land in Inyo County, California, located in the northeast
area of Death Valley National Park that is within, and surrounded by,
land under the jurisdiction of the Director of the National Park
Service, as depicted on the map entitled `Proposed Crater Mine Area
Addition to Death Valley National Park', numbered 143/100,079, and dated
June 2009; and
`(3)(A) on transfer of title to the private land to the
National Park Service, the approximately 280 acres of private land in
Inyo County, California, located adjacent to the southeastern boundary
of Death Valley National Park, as depicted on the map entitled `Proposed
Ryan Camp Addition to Death Valley National Park', numbered
143/100,097, and dated June 2009; and
`(B) the approximately 1,040 acres of Bureau of Land
Management land contiguous to the private land described in subparagraph
(A), as depicted on the map entitled `Proposed Ryan Camp Addition to
Death Valley National Park', numbered 143/100,097, and dated June 2009.
`(b) Availability of Map- The maps described in paragraphs
(1), (2), and (3) of subsection (a) shall be on file and available for
public inspection in the appropriate offices of the National Park
Service.
`(c) Administration- The Secretary of the Interior (referred to in this section as the `Secretary') shall--
`(1) administer any land added to Death Valley National Park under subsection (a)--
`(A) as part of Death Valley National Park; and
`(B) in accordance with applicable laws (including regulations); and
`(2) not later than 180 days after the date of
enactment of this title, develop a memorandum of understanding with Inyo
County, California, permitting ongoing access and use to existing
gravel pits along Saline Valley Road within Death Valley National Park
for road maintenance and repairs in accordance with applicable laws
(including regulations).
`SEC. 1702. MOJAVE NATIONAL PRESERVE.
`(a) In General- The boundary of the Mojave National Preserve is adjusted to include--
`(1) the 29,221 acres of Bureau of Land Management land
that is surrounded by the Mojave National Preserve to the northwest,
west, southwest, south, and southeast and by the Nevada State line on
the northeast boundary, as depicted on the map entitled `Proposed Castle
Mountain Addition to the Mojave National Preserve', numbered
170/100,075, and dated August 2009; and
`(2) the 25 acres of Bureau of Land Management land in
Baker, California, as depicted on the map entitled `Mojave National
Preserve-Proposed Boundary Addition', numbered 170/100,199, and dated
August 2009.
`(b) Availability of Maps- The maps described in subsection
(a) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
`(c) Administration- The Secretary shall administer any land added to Mojave National Preserve under subsection (a)--
`(1) as part of the Mojave National Preserve; and
`(2) in accordance with applicable laws (including regulations).
`SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY REVISION.
`(a) In General- The boundary of the Joshua Tree National
Park is adjusted to include the 2,879 acres of land managed by Director
of the Bureau of Land Management that are contiguous at several
different places to the northern boundaries of Joshua Tree National Park
in the northwest section of the Park, as depicted on the map entitled
`Joshua Tree National Park Proposed Boundary Additions', numbered
156/100,007, and dated June 2009.
`(b) Availability of Map- The map described in subsection
(a) and the map depicting the 25 acres described in subsection (c)(2)
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
`(1) IN GENERAL- The Secretary shall administer any
land added to the Joshua Tree National Park under subsection (a) and the
additional land described in paragraph (2)--
`(A) as part of Joshua Tree National Park; and
`(B) in accordance with applicable laws (including regulations).
`(2) DESCRIPTION OF ADDITIONAL LAND- The additional land referred to in paragraph (1) is the 25 acres of land--
`(A) depicted on the map entitled `Joshua Tree
National Park Boundary Adjustment Map', numbered 156/80,049, and dated
April 1, 2003;
`(B) added to Joshua Tree National Park by the notice of the Department Interior of August 28, 2003 (68 Fed. Reg. 51799); and
`(C) more particularly described as lots 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San Bernardino Meridian.
`SEC. 1704. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated such sums as are necessary to carry out this title.
`TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
`SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS.
`(a) Designation- In accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and resource
management plans developed under this title and subject to valid
existing rights, the following land within the Conservation Area in San
Bernardino County, California, is designated as Off-Highway Vehicle
Recreation Areas:
`(1) EL MIRAGE OFF-HIGHWAY VEHICLE RECREATION AREA-
Certain Bureau of Land Management land in the Conservation Area,
comprising approximately 25,600 acres, as generally depicted on the map
entitled `El Mirage Off-Highway Vehicle Recreation Area' and dated July
15, 2009, which shall be known as the `El Mirage Off-Highway Vehicle
Recreation Area'.
`(2) JOHNSON VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA-
`(A) IN GENERAL- Certain Bureau of Land Management
land in the Conservation Area, comprising approximately 180,000 acres,
as generally depicted on the map entitled `Johnson Valley Off-Highway
Vehicle Recreation Area' and dated July 15, 2009, which shall be known
as the `Johnson Valley Off-Highway Vehicle Recreation Area'.
`(i) IN GENERAL- Subject to clause (iii), the
land described in clause (ii) shall be excluded from the Johnson Valley
Off-Highway Vehicle Recreation Area to permit the Secretary of the Navy
to study the land for--
`(I) withdrawal in accordance with the Act of February 28, 1958 (43 U.S.C. 155 et seq.); and
`(II) potential inclusion in the Marine
Corps Air Ground Combat Center at Twentynine Palms, California, for
national defense purposes.
`(ii) STUDY AREA- The land referred to in clause (i) is the land that--
`(aa) the notice of the Bureau of Land Management of
September 15, 2008 entitled `Notice of Proposed Legislative Withdrawal
and Opportunity for Public Meeting; California' (73 Fed. Reg. 53269); or
`(bb) any subsequent notice in the Federal Register that is related to the notice described in item (aa); and
`(II) has been segregated by the Director of the Bureau of Land Management.
`(iii) INCORPORATION IN OFF-HIGHWAY VEHICLE
RECREATION AREA- After action by the Secretary of Defense and Congress
regarding the withdrawal under subparagraph (A), any land within the
study area that is not withdrawn shall be incorporated into the Johnson
Valley Off-Highway Vehicle Recreation Area.
`(C) JOINT USE OF CERTAIN LAND- The Secretary of
Defense shall consider a potential joint use area within the Johnson
Valley Off-Highway Vehicle Recreation Area as part of the environmental
impact statement of the Department of Defense that would allow for
continued recreational opportunities on the joint use area during
periods in which--
`(i) the joint use area is not needed for military training activities; and
`(ii) public safety can be ensured.
`(D) MILITARY ACCESS FOR ADMINISTRATIVE PURPOSES-
In cooperation with the Secretary of the Interior, the Secretary of the
Navy may, after notifying the Secretary of the Interior, access the
Johnson Valley Off-Highway Vehicle Recreation Area for national defense
purposes supporting military training (including military range
management and exercise control activities).
`(3) RASOR OFF-HIGHWAY VEHICLE RECREATION AREA- Certain
Bureau of Land Management land in the Conservation Area, comprising
approximately 22,400 acres, as generally depicted on the map entitled
`Rasor Off-Highway Vehicle Recreation Area' and dated July 15, 2009,
which shall be known as the `Rasor Off-Highway Vehicle Recreation Area'.
`(4) SPANGLER HILLS OFF-HIGHWAY VEHICLE RECREATION
AREA- Certain Bureau of Land Management land in the Conservation Area,
comprising approximately 62,080 acres, as generally depicted on the map
entitled `Spangler Hills Off-Highway Vehicle Recreation Area' and dated
July 15, 2009, which shall be known as the `Spangler Off-Highway Vehicle
Recreation Area'.
`(5) STODDARD VALLEY OFF-HIGHWAY VEHICLE RECREATION
AREA- Certain Bureau of Land Management land in the Conservation Area,
comprising approximately 54,400 acres, as generally depicted on the map
entitled `Stoddard Valley Off-Highway Vehicle Recreation Area' and dated
July 15, 2009, which shall be known as the `Stoddard Valley Off-Highway
Vehicle Recreation Area'.
`(b) Purpose- The purpose of the off-highway vehicle
recreation areas designated under subsection (a) is to preserve and
enhance the recreational opportunities within the Conservation Area
(including opportunities for off-highway vehicle recreation), while
conserving the wildlife and other natural resource values of the
Conservation Area.
`(c) Maps and Descriptions-
`(1) PREPARATION AND SUBMISSION- As soon as practicable
after the date of enactment of this title, the Secretary shall file a
map and legal description of each off-highway vehicle recreation area
designated by subsection (a) with--
`(A) the Committee on Natural Resources of the House of Representatives; and
`(B) the Committee on Energy and Natural Resources of the Senate.
`(2) LEGAL EFFECT- The map and legal descriptions of
the off-highway vehicle recreation areas 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 descriptions.
`(3) PUBLIC AVAILABILITY- Each map and legal
description filed under paragraph (1) shall be filed and made available
for public inspection in the appropriate offices of the Bureau of Land
Management.
`(1) RECREATIONAL ACTIVITIES-
`(A) IN GENERAL- The Secretary shall continue to
authorize, maintain, and enhance the recreational uses of the
off-highway vehicle recreation areas designated by subsection (a),
including off-highway recreation, hiking, camping, hunting, mountain
biking, sightseeing, rockhounding, and horseback riding, as long as the
recreational use is consistent with this section and any other
applicable law.
`(B) OFF-HIGHWAY VEHICLE AND OFF-HIGHWAY
RECREATION- To the extent consistent with applicable Federal law
(including regulations) and this section, any authorized recreation
activities and use designations in effect on the date of enactment of
this title and applicable to the off-highway vehicle recreation areas
designated by subsection (a) shall continue, including casual
off-highway vehicular use, racing, competitive events, rock crawling,
training, and other forms of off-highway recreation.
`(2) WILDLIFE GUZZLERS- Wildlife guzzlers shall be
allowed in the off-highway vehicle recreation areas designated by
subsection (a) in accordance with applicable Bureau of Land Management
guidelines.
`(3) PROHIBITED USES- Residential and commercial
development (including development of mining and energy facilities, but
excluding transmission line rights-of-way and related telecommunication
facilities) shall be prohibited in the off-highway vehicle recreation
areas designated by subsection (a) if the Secretary determines that the
development is incompatible with the purpose described in subsection
(b).
`(1) IN GENERAL- The Secretary shall administer the
off-highway vehicle recreation areas designated by subsection (a) in
accordance with--
`(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
`(C) any other applicable laws (including regulations).
`(A) IN GENERAL- As soon as practicable, but not
later than 3 years after the date of enactment of this title, the
Secretary shall--
`(i) amend existing resource management plans
applicable to the land designated as off-highway vehicle recreation
areas under subsection (a); or
`(ii) develop new management plans for each off-highway vehicle recreation area designated under that subsection.
`(B) REQUIREMENTS- All new or amended plans under
subparagraph (A) shall be designed to preserve and enhance safe
off-highway vehicle and other recreational opportunities within the
applicable recreation area consistent with--
`(i) the purpose described in subsection (b); and
`(ii) any applicable laws (including regulations).
`(C) INTERIM PLANS- Pending completion of a new
management plan under subparagraph (A), the existing resource management
plans shall govern the use of the applicable off-highway vehicle
recreation area.
`(1) IN GENERAL- As soon as practicable, but not later
than 2 years, after the date of enactment of this title, the Secretary
shall complete a study to identify Bureau of Land Management land
adjacent to the off-highway vehicle recreation areas designated by
subsection (a) that is suitable for addition to the off-highway vehicle
recreation areas.
`(2) REQUIREMENTS- In preparing the study under paragraph (1), the Secretary shall--
`(A) seek input from stakeholders, including--
`(ii) San Bernardino County, California;
`(iv) recreational user groups; and
`(v) conservation organizations;
`(B) explore the feasibility of expanding the
southern boundary of the off-highway vehicle recreation area described
in subsection (a)(4) to include previously disturbed land;
`(C) identify and exclude from consideration any land that--
`(i) is managed for conservation purposes;
`(ii) may be suitable for renewable energy development; or
`(iii) may be necessary for energy transmission; and
`(D) not recommend or approve expansion areas that
collectively would exceed the total acres administratively designated
for off-highway recreation within the Conservation Area as of the date
of enactment of this title.
`(3) APPLICABLE LAW- The Secretary shall consider the
information and recommendations of the study completed under paragraph
(1) to determine the impacts of expanding off-highway vehicle recreation
areas designated by subsection (a) on the Conservation Area, in
accordance with--
`(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
`(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
`(C) any other applicable law.
`(4) SUBMISSION TO CONGRESS- On completion of the study under paragraph (1), the Secretary shall submit the study to--
`(A) the Committee on Natural Resources of the House of Representatives; and
`(B) the Committee on Energy and Natural Resources of the Senate.
`(5) AUTHORIZATION FOR EXPANSION-
`(A) IN GENERAL- On completion of the study under
paragraph (1) and in accordance with all applicable laws (including
regulations), the Secretary shall authorize the expansion of the
off-highway vehicle recreation areas recommended under the study.
`(B) MANAGEMENT- Any land within the expanded areas under subparagraph (A) shall be managed in accordance with this section.
`TITLE XIX--MISCELLANEOUS
`SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES.
`(a) Transfer of Land to Anza-Borrego Desert State Park-
`(1) IN GENERAL- On termination of all mining claims to
the land described in paragraph (2), the Secretary shall transfer the
land described in that paragraph to the State.
`(2) DESCRIPTION OF LAND- The land referred to in
paragraph (1) is certain Bureau of Land Management land in San Diego
County, California, comprising approximately 934 acres, as generally
depicted on the 2 maps entitled `Anza-Borrego Desert State Park
Additions-Table Mountain Wilderness Study Area' and dated July 15, 2009.
`(A) IN GENERAL- The land transferred under
paragraph (1) shall be managed in accordance with the provisions of the
California Wilderness Act (California Public Resources Code sections
5093.30-5093.40).
`(B) WITHDRAWAL- Subject to valid existing rights, the land transferred under paragraph (1) is withdrawn from--
`(i) all forms of entry, appropriation, or disposal under the public land laws;
`(ii) location, entry, and patent under the mining laws; and
`(iii) disposition under all laws relating to mineral and geothermal leasing.
`(C) REVERSION- If the State ceases to manage the
land transferred under paragraph (1) as part of the State Park System or
in a manner inconsistent with the California Wilderness Act (California
Public Resources Code sections 5093.30-5093.40), the land shall revert
to the Secretary, to be managed as a Wilderness Study Area.
`(1) IN GENERAL- The Secretary shall, in consultation
and cooperation with the California State Lands Commission (referred to
in this section as the `Commission'), develop a process to exchange
isolated parcels of State land within the Conservation Area for Federal
land located in the Conservation Area or other Federal land in the State
that--
`(A) is consistent with the plans described in paragraph (2); and
`(B) ensures that the conservation goals and objectives identified in those plans are not adversely impacted.
`(2) DESCRIPTION OF PLANS- The plans referred to in paragraph (1) are--
`(A) the California Desert Renewable Energy Conservation Plan;
`(B) the California Desert Conservation Area Plan;
`(C) the Northern and Eastern Colorado Desert Plan; and
`(D) any other applicable plans.
`(3) REQUIREMENTS- The process developed under paragraph (1) shall--
`(A) apply to all State land within the Conservation Area that is under the jurisdiction of the Commission;
`(B) prioritize the elimination of State land from
units of the National Park System, national monuments, and wilderness
areas;
`(C) provide the Commission with consolidated land
holdings sufficient to make the land viable for commercial or recreation
uses, including renewable energy development, off-highway vehicle
recreation, or State infrastructure or resource needs;
`(D) establish methods to ensure that--
`(i) not later than 1 year after the date of
enactment of this title, the Secretary and the Commission complete an
inventory of Federal land and State land in the Conservation Area under
the jurisdiction of the Secretary and the Commission, respectively, and
any other Federal land and property outside the Conservation Area that
is determined to be suitable for exchange consistent with paragraph (1);
`(ii) there is a public comment period of not less than 90 days with respect to--
`(I) the inventory of land under clause (i); and
`(II) any proposed land exchange under this section that involves more than 5,000 acres of Federal land;
`(iii) in preparing the inventory of Federal
land suitable for exchange under clause (i), the Secretary shall use
best efforts to give priority to--
`(I) land that has the potential for
commercial development, including renewable energy development, such as
wind and solar energy development;
`(II) the land described in section 707(b)(2);
`(III) land located outside the boundaries
of the Conservation Area (including closed military base land and land
identified as surplus by the Administrator of the General Services
Administration) to avoid, to the maximum extent feasible, conflicts with
conservation of desert land;
`(iv) the inventory under clause (i) is updated annually by the Secretary and resubmitted to the Commission; and
`(v) the land exchanges are completed by the date that is 10 years after the date of enactment of this title; and
`(E) provide for the submission of annual reports to Congress that--
`(i) describe any progress or impediments to accomplishing the goal described in subparagraph (D)(v); and
`(ii) any recommendations for legislation to accomplish the goal.
`(4) VALUATION- Notwithstanding paragraphs (2) through
(5) of subsection (d) of section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)), if, within 180 days after
the submission of an appraisal under subsection (d)(1) of that section,
the Secretary and the Commission cannot agree to accept the findings of
the appraisal--
`(A) the Secretary and the Commission shall
mutually agree to employ a process of bargaining or some other process
to determine the values of the land involved in the exchange;
`(B) the appraisal shall be submitted to an arbiter
appointed by the Secretary from a list of arbitrators submitted to the
Secretary by the American Arbitration Association for arbitration;
`(C) although the decision of the arbiter under
subparagraph (B) shall be nonbinding, the decision may be used by the
Secretary and the Commission as a valid appraisal for--
`(i) a period of 2 years; and
`(ii) on mutual agreement of the Secretary and the Commission, an additional 2-year period; or
`(D) on mutual agreement of the Secretary and the Commission, the valuation process shall be suspended or modified.
`(5) TREATMENT OF LAND USE RESTRICTIONS AND PENDING APPLICATIONS- For the purposes of this title--
`(A) the Secretary shall not exclude parcels from
exchanges because the parcels are subject to designations or pending
land use applications, including applications for the development of
renewable energy;
`(B) all Federal land and State land proposed for exchange or sale shall be valued--
`(i) according to fair market value;
`(ii) in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)); and
`(iii) without regard to--
`(I) pending land use applications;
`(II) renewable energy designations; or
`(III) any land use restrictions on adjacent land.
`(6) COOPERATION AGREEMENTS- The Secretary may--
`(A) enter into such joint agreements with the
General Services Administration and the Commission as the Secretary
determines to be necessary to facilitate land exchanges, including
agreements that establish accounting mechanisms--
`(i) to be used for tracking the differential in dollar value of land conveyed in a series of transactions; and
`(ii) that, notwithstanding part 2200 of title
43, Code of Federal Regulations (or successor regulations), may carry
outstanding cumulative credit balances until the completion of the land
exchange process developed under paragraph (1); and
`(B) to the extent that the agreement does not
conflict with this section, continue using the agreement entitled
`Memorandum of Agreement Between California State Lands Commission,
General Services Administration, and the Department of the Interior
Regarding: Implementation of the California Desert Protection Act',
which became effective on November 7, 1995.
`(7) EXISTING LAW- Except as otherwise provided in this section, nothing in this section supersede or limits section 707.
`(A) IN GENERAL- The Secretary shall manage any
State land described in subparagraph (B) in accordance with the terms
and conditions of the applicable State lease agreement for the duration
of the lease, subject to applicable laws (including regulations).
`(B) DESCRIPTION OF STATE LAND- The State land
referred to in subparagraph (A) is any State land within the
Conservation Area that is subject to a lease or permit on the date of
enactment of this title that is transferred to the Federal Government.
`(C) EXPIRATION OF LEASE- On the expiration of a
State lease referred to in subparagraph (A), the Secretary shall provide
lessees with the opportunity to seek Federal permits to continue the
existing use of the State land without further action otherwise required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
`(D) APPLICABLE LAW- Except as otherwise provided
in this section, any State land transferred to the United States under
this section shall be managed in accordance with all laws (including
regulations) and rules applicable to the public land adjacent to the
transferred State land.
`(c) Twentynine Palms Marine Corps Base-
`(1) IN GENERAL- The Secretary and the Secretary of
Defense, in consultation and in cooperation with the California State
Lands Commission, shall develop a process to purchase or exchange
parcels of State land within the area of expansion and land use
restrictions planned for the Twentynine Palms Marine Corps Base.
`(2) REQUIREMENTS- The process developed under
paragraph (1) for exchanged parcels of State land shall provide the
California State Lands Commission with consolidated land holdings
sufficient to make the land viable for commercial or recreational uses,
including renewable energy development, off-highway vehicle recreation,
or State infrastructure or resource needs.
`(3) APPLICABLE LAW- An exchange of land under this subsection shall be subject to the requirements of subsection (b).
`(d) Holtville Airport, Imperial County-
`(1) IN GENERAL- On the submission of an application by
Imperial County, California, the Secretary of Transportation shall, in
accordance with section 47125 of title 49, United States Code, and
section 2641.1 of title 43, Code of Federal Regulations (or successor
regulations) seek a conveyance from the Secretary of approximately 3,500
acres of Bureau of Land Management land adjacent to the Imperial County
Holtville Airport (L04) for the purposes of airport expansion.
`(2) SEGREGATION- The Secretary (acting through the
Director of the Bureau of Land Management) shall, with respect to the
land to be conveyed under paragraph (1)--
`(A) segregate the land; and
`(B) prohibit the appropriation of the land until--
`(i) the date on which a notice of realty action terminates the application; or
`(ii) the date on which a document of conveyance is published.
`(e) Needles Solar Reserve, San Bernardino County-
`(1) IN GENERAL- The Secretary shall grant to the
Commission a right of first refusal to exchange the State land described
in paragraph (2) for Bureau of Land Management land identified for
disposal.
`(2) SECONDARY RIGHT OF REFUSAL- If the Commission
declines to exchange State land for Bureau of Land Management land
identified for disposal within the city limits of Needles, California,
the City of Needles shall have a secondary right of refusal to acquire
the land.
`SEC. 1902. MILITARY ACTIVITIES.
`(1) restricts or precludes Department of Defense motorized access by land or air--
`(A) to respond to an emergency within a wilderness area designated by this Act; or
`(B) to control access to the emergency site;
`(2) prevents nonmechanized military training
activities previously conducted on wilderness areas designated by this
title that are consistent with--
`(A) the Wilderness Act (16 U.S.C. 1131 et seq.); and
`(B) all applicable laws (including regulations);
`(3) restricts or precludes low-level overflights of
military aircraft over the areas designated as wilderness, national
monuments, special management areas, or recreation areas by this Act,
including military overflights that can be seen or heard within the
designated areas;
`(4) restricts or precludes flight testing and evaluation in the areas described in paragraph (3); or
`(5) restricts or precludes the designation or creation
of new units of special use airspace, or the establishment of military
flight training routes, over the areas described in paragraph (3).
`SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS.
`(a) In General- The Secretary shall--
`(1) assess the impacts of climate change on the Conservation Area; and
`(2) establish policies and procedures to ensure the
preservation of wildlife corridors and facilitate species migration
likely to occur due to climate change.
`(1) IN GENERAL- As soon as practicable, but not later
than 2 years, after the date of enactment of this title, the Secretary
shall complete a study regarding the impact of global climate change on
the Conservation Area.
`(2) COMPONENTS- The study under paragraph (1) shall--
`(A) identify the species migrating, or likely to migrate, due to climate change;
`(B) examine the impacts and potential impacts of climate change on--
`(i) plants, insects, and animals;
`(iv) water quality and quantity; and
`(v) species migration and survival;
`(C) identify critical wildlife and species migration corridors recommended for preservation; and
`(D) include recommendations for ensuring the
biological connectivity of public land managed by the Secretary and the
Secretary of Defense throughout the Conservation Area.
`(3) RIGHTS-OF-WAY- The Secretary shall consider the
information and recommendations of the study under paragraph (1) to
determine the individual and cumulative impacts of rights-of-way for
projects in the Conservation Area, in accordance with--
`(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
`(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
`(C) any other applicable law.
`(c) Land Management Plans- The Secretary shall incorporate
into all land management plans applicable to the Conservation Area the
findings and recommendations of the study completed under subsection
(b).
`SEC. 1904. PROHIBITED USES OF DONATED AND ACQUIRED LAND.
`(a) Definitions- In this section:
`(1) ACQUIRED LAND- The term `acquired land' means any
land acquired for the Conservation Area using amounts from the Land and
Water Conservation Fund established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5).
`(2) DONATED LAND- The term `donated land' means any
private land donated to the United States for conservation purposes in
the Conservation Area.
`(3) DONOR- The term `donor' means an individual or
entity that donates private land within the Conservation Area to the
United States.
`(4) SECRETARY- The term `Secretary' means the
Secretary of the Interior, acting through the Director of the Bureau of
Land Management.
`(b) Prohibitions- Except as provided in subsection (c),
there shall be prohibited with respect to donated land or acquired
land--
`(2) any land use authorization that would result in appreciable damage or disturbance to the public lands, including--
`(D) infrastructure development;
`(F) off-highway vehicle use, except on--
`(ii) off-highway vehicle areas designated by law; and
`(iii) administratively designated open areas; and
`(G) any other activities that would create impacts
contrary to the conservation purposes for which the land was donated or
acquired.
`(1) AUTHORIZATION BY SECRETARY- Subject to paragraph
(2), the Secretary may authorize limited exceptions to prohibited uses
of donated land or acquired land in the Conservation Area if--
`(A) an applicant has submitted a right-of-way use
application to the Bureau of Land Management proposing renewable energy
development on the donated land or acquired land on or before December
1, 2009; or
`(B) after the completion of an analysis under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
including full public participation in the analysis, the Secretary has
determined that--
`(i) the use of the donated land or acquired land is in the public interest;
`(ii) the impacts of the use are fully and appropriately mitigated; and
`(iii) the land was donated or acquired on or before December 1, 2009.
`(A) IN GENERAL- If the Secretary grants an
exception to the prohibition under paragraph (1), the Secretary shall
require the permittee to acquire and donate comparable private land to
the United States to mitigate the use.
`(B) APPROVAL- The private land to be donated under
subparagraph (A) shall be approved by the Secretary after consultation,
to the maximum extent practicable, with the donor of the private land
proposed for non-conservation uses.
`(d) Existing Agreements- Nothing in this section affects
permitted or prohibited uses of donated land or acquired land in the
Conservation Area established in any easements, deed restrictions,
memoranda of understanding, or other agreements in existence on the date
of enactment of this title.
`(e) Deed Restrictions- The Secretary may accept deed
restrictions requested by donors for land donated to the United States
within the Conservation Area after the date of enactment of this title.
`SEC. 1905. TRIBAL USES AND INTERESTS.
`(a) Access- The Secretary shall ensure access to areas
designated under this Act by members of Indian tribes for traditional
cultural and religious purposes, consistent with applicable law,
including Public Law 95-341 (commonly known as the `American Indian
Religious Freedom Act') (42 U.S.C. 1996).
`(1) IN GENERAL- In accordance with applicable law,
including Public Law 95-341 (commonly known as the `American Indian
Religious Freedom Act') (42 U.S.C. 1996), and subject to paragraph (2),
the Secretary, on request of an Indian tribe or Indian religious
community, shall temporarily close to general public use any portion of
an area designated as a national monument, special management area, wild
and scenic river, or National Park System unit under this Act (referred
to in this subsection as a `designated area') to protect the privacy of
traditional cultural and religious activities in the designated area by
members of the Indian tribe or Indian religious community.
`(2) LIMITATION- In closing a portion of a designated
area under paragraph (1), the Secretary shall limit the closure to the
smallest practicable area for the minimum period necessary for the
traditional cultural and religious activities.
`(c) Tribal Cultural Resources Management Plan-
`(1) IN GENERAL- Not later than 2 years after the date
of enactment of this title, the Secretary of the Interior shall develop
and implement a tribal cultural resources management plan to identify,
protect, and conserve cultural resources of Indian tribes associated
with the Xam Kwatchan Trail network extending from Avikwaame (Spirit
Mountain, Nevada) to Avikwlal (Pilot Knob, California).
`(2) CONSULTATION- The Secretary shall consult on the
development and implementation of the tribal cultural resources
management plan under paragraph (1) with--
`(i) the Chemehuevi Indian Tribe;
`(ii) the Hualapai Tribal Nation;
`(iii) the Fort Mojave Indian Tribe;
`(iv) the Colorado River Indian Tribes;
`(v) the Quechan Indian Tribe; and
`(vi) the Cocopah Indian Tribe; and
`(B) the Advisory Council on Historic Preservation.
`(3) RESOURCE PROTECTION- The tribal cultural resources management plan developed under paragraph (1) shall be--
`(A) based on a completed tribal cultural resources survey; and
`(B) include procedures for identifying,
protecting, and preserving petroglyphs, ancient trails, intaglios,
sleeping circles, artifacts, and other resources of cultural,
archaeological, or historical significance in accordance with all
applicable laws and policies, including--
`(i) the National Historic Preservation Act (16 U.S.C. 470 et seq.);
`(ii) Public Law 95-341 (commonly known as the `American Indian Religious Freedom Act')(42 U.S.C. 1996);
`(iii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);
`(iv) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
`(v) Public Law 103-141 (commonly known as the `Religious Freedom Restoration Act of 1993')(42 U.S.C. 2000bb et seq.).
`(d) Withdrawal- Subject to valid existing rights, all
Federal land within the area administratively withdrawn and known as the
`Indian Pass Withdrawal Area' is permanently withdrawn from--
`(1) all forms of entry, appropriation, or disposal under the public laws;
`(2) location, entry, and patent under the mining laws; and
`(3) right-of-way leasing and disposition under all laws relating to mineral, solar, wind, and geothermal energy.'.
(b) Conforming Amendments-
(1) SHORT TITLE- Section 1 of the California Desert
Protection Act of 1994 (16 U.S.C. 410aaa note) is amended by striking `1
and 2, and titles I through IX' and inserting `1, 2, and 3, titles I
through IX, and titles XIII through XIX'.
(2) DEFINITIONS- The California Desert Protection Act
of 1994 (Public Law 103-433; 108 Stat. 4481) is amended by inserting
after section 2 the following:
`SEC. 3. DEFINITIONS.
`In titles XIII through XIX:
`(1) CONSERVATION AREA- The term `Conservation Area' means the California Desert Conservation Area.
`(2) SECRETARY- The term `Secretary' means--
`(A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and
`(B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture.
`(3) STATE- The term `State' means the State of California.'.
(3) ADMINISTRATION OF WILDERNESS AREAS- Section 103 of
the California Desert Protection Act of 1994 (Public Law 103-433; 108
Stat. 4481) is amended--
(A) by striking subsection (d) and inserting the following:
`(1) IN GENERAL- Congress does not intend for the designation of wilderness areas by this Act--
`(A) to require the additional regulation of land adjacent to the wilderness areas; or
`(B) to lead to the creation of protective perimeters or buffer zones around the wilderness areas.
`(2) NONWILDERNESS ACTIVITIES- Any nonwilderness
activities (including renewable energy projects, mining, camping,
hunting, and military activities) in areas immediately adjacent to the
boundary of a wilderness area designated by this Act shall not be
restricted or precluded by this Act, regardless of any actual or
perceived negative impacts of the nonwilderness activities on the
wilderness area, including any potential indirect impacts of
nonwilderness activities conducted outside the designated wilderness
area on the viewshed, ambient noise level, or air quality of wilderness
area.';
(B) in subsection (f), by striking `designated by
this title and' inserting `, potential wilderness areas, special
management areas, and national monuments designated by this title or
titles XIII through XIX'; and
(C) in subsection (g), by inserting `, a potential
wilderness area, a special management areas, or national monument'
before `by this Act'.
(4) MOJAVE NATIONAL PRESERVE- Title V of the California
Desert Protection Act of 1994 (16 U.S.C. 410aaa-41 et seq.) is amended
by adding at the end the following:
`SEC. 520. NATIVE GROUNDWATER SUPPLIES.
`The Director of the Bureau of Land Management shall not
access or process any application for a right-of-way for development
projects that propose to use native groundwater from aquifers adjacent
to the Mojave National Preserve that individually or collectively, in
combination with proposed or anticipated projects on private land,
require the use of native groundwater in excess of the estimated
recharge rate as determined by the United States Geological Survey.'.
(5) AMENDMENTS TO THE CALIFORNIA MILITARY LANDS WITHDRAWAL AND OVERFLIGHTS ACT OF 1994-
(A) FINDINGS- Section 801(b)(2) of the California
Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C.
410aaa-82 note) is amended by inserting `, national monuments, special
management areas, potential wilderness areas,' before `and wilderness
areas'.
(B) OVERFLIGHTS; SPECIAL AIRSPACE- Section 802 of
the California Military Lands Withdrawal and Overflights Act of 1994 (16
U.S.C. 410aaa-82) is amended--
(i) in subsection (a), by inserting `, national monuments, or special management areas' before `designated by this Act';
(ii) in subsection (b), by inserting `, national monuments, or special management areas' before `designated by this Act'; and
(iii) by adding at the end the following:
`(d) Department of Defense Facilities- Nothing in this Act
alters any authority of the Secretary of Defense to conduct military
operations at installations and ranges within the California Desert
Conservation Area that are authorized under any other provision of
law.'.
SEC. 3. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended--
(1) in paragraph (196), by striking subparagraph (A) and inserting the following:
`(A)(i) The approximately 1.4-mile segment of the
Amargosa River in the State of California, from the private property
boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet downstream of
Highway 178, to be administered by the Secretary of the Interior as a
scenic river as an addition to the Amargosa Wild and Scenic River on
publication by the Secretary of the Interior of a notice in the Federal
Register that sufficient inholdings within the boundaries of the segment
have been acquired as scenic easements or in fee title to establish a
manageable addition to the Amargosa Wild and Scenic River.
`(ii) The approximately 6.1-mile segment of the
Amargosa River in the State of California, from 100 feet downstream of
the State Highway 178 crossing to 100 feet upstream of the Tecopa Hot
Springs Road crossing, to be administered by the Secretary of the
Interior as a scenic river.'; and
(2) by adding at the end the following:
`(208) SURPRISE CANYON CREEK, CALIFORNIA-
`(A) IN GENERAL- The following segments of Surprise
Canyon Creek in the State of California, to be administered by the
Secretary of the Interior:
`(i) The approximately 5.3 miles of Surprise
Canyon Creek from the confluence of Frenchman's Canyon and Water Canyon
to 100-feet upstream of Chris Wicht Camp, as a wild river.
`(ii) The approximately 1.8 miles of Surprise
Canyon Creek from 100 feet upstream of Chris Wicht Camp to the southern
boundary of sec. 14, T. 21 N., R. 44 E., as a recreational river.
`(B) EFFECT ON HISTORIC MINING STRUCTURES- Nothing
in this paragraph affects the historic mining structures associated with
the former Panamint Mining District.
`(209) DEEP CREEK, CALIFORNIA-
`(A) IN GENERAL- The following segments of Deep
Creek in the State of California, to be administered by the Secretary of
Agriculture:
`(i) The approximately 6.5-mile segment from
0.125 mile downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2
W., to 0.25-miles upstream of the Road 3N34 crossing, as a wild river.
`(ii) The 0.5-mile segment from 0.25 mile
upstream of the Road 3N34 crossing to 0.25 mile downstream of the Road
3N34 crossing, as a scenic river.
`(iii) The 2.5-mile segment from 0.25 miles
downstream of the Road 3 N. 34 crossing to 0.25 miles upstream of the
Trail 2W01 crossing, as a wild river.
`(iv) The 0.5-mile segment from 0.25 miles
upstream of the Trail 2W01 crossing to 0.25 mile downstream of the Trail
2W01 crossing, as a scenic river.
`(v) The 10-mile segment from 0.25 miles
downstream of the Trail 2W01 crossing to the upper limit of the Mojave
dam flood zone in sec. 17, T. 3 N., R. 3 W., as a wild river.
`(vi) The 11-mile segment of Holcomb Creek from
100 yards downstream of the Road 3N12 crossing to .25 miles downstream
of Holcomb Crossing, as a recreational river.
`(vii) The 3.5-mile segment of the Holcomb
Creek from 0.25 miles downstream of Holcomb Crossing to the Deep Creek
confluence, as a wild river.
`(B) EFFECT ON SKI OPERATIONS- Nothing in this paragraph affects--
`(i) the operations of the Snow Valley Ski Resort; or
`(ii) the State regulation of water rights and water quality associated with the operation of the Snow Valley Ski Resort.
`(210) WHITEWATER RIVER, CALIFORNIA- The following
segments of the Whitewater River in the State of California, to be
administered by the Secretary of Agriculture and the Secretary of the
Interior, acting jointly:
`(A) The 5.8-mile segment of the North Fork
Whitewater River from the source of the River near Mt. San Gorgonio to
the confluence with the Middle Fork, as a wild river.
`(B) The 6.4-mile segment of the Middle Fork
Whitewater River from the source of the River to the confluence with the
South Fork, as a wild river.
`(C) The 1-mile segment of the South Fork
Whitewater River from the confluence of the River with the East Fork to
the section line between sections 32 and 33, T. 1 S., R. 2 E., as a wild
river.
`(D) The 1-mile segment of the South Fork
Whitewater River from the section line between sections 32 and 33, T. 1
S., R. 2 E., to the section line between sections 33 and 34, T. 1 S., R.
2 E., as a recreational river.
`(E) The 4.9-mile segment of the South Fork
Whitewater River from the section line between sections 33 and 34, T. 1
S., R. 2 E., to the confluence with the Middle Fork, as a wild river.
`(F) The 5.4-mile segment of the main stem of the
Whitewater River from the confluence of the South and Middle Forks to
the San Gorgonio Wilderness boundary, as a wild river.
`(G) The 2.7-mile segment of the main stem of the
Whitewater River from the San Gorgonio Wilderness boundary to the
southern boundary of section 26, T. 2 S., R. 3 E., as a recreational
river.'.
END