S 138
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
