HR 41
112th CONGRESS
1st Session
H. R. 41
To designate certain Federal lands in San Diego County, California,
as wilderness, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. ISSA introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To designate certain Federal lands in San Diego County, California,
as wilderness, 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 `Beauty Mountain and Agua Tibia
Wilderness Act of 2011'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland National Forest and Bureau
of Land Management land in San Diego County, California.
Sec. 103. Administration of wilderness.
TITLE II--LOCATION AND NATURE OF APPROPRIATE RECREATION FACILITIES
Sec. 201. Recreational facilities.
TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS
SEC. 101. DEFINITION OF SECRETARY.
In this title, the term `Secretary' means--
(1) with respect to land under the jurisdiction of the Secretary of Agriculture,
the Secretary of Agriculture; and
(2) with respect to land under the jurisdiction of the Secretary of the
Interior, the Secretary of the Interior.
SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND NATIONAL FOREST AND BUREAU
OF LAND MANAGEMENT LAND IN SAN DIEGO COUNTY, CALIFORNIA.
(a) Agua Tibia Wilderness Additions- In accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest comprising
approximately 7,796 acres, as generally depicted on the map titled `Agua Tibia
Proposed Wilderness Additions', and dated May 18, 2009, is designated as wilderness
and is incorporated in, and shall be deemed to be a part of, the Agua Tibia
Wilderness.
(b) Beauty Mountain Wilderness- In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management
in San Diego County, California, comprising approximately 13,635 acres, as
generally depicted on the map titled `Beauty Mountain Wilderness Additions',
and dated December 11, 2009, is designated as wilderness and is incorporated
in, and shall be deemed to be a part of, the Beauty Mountain Wilderness.
(c) Maps and Descriptions-
(1) IN GENERAL- As soon as practicable after the date of the enactment of
this Act, the Secretary shall file a map and legal description of each wilderness
area and wilderness addition designated by this section with the Committee
on Natural Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) FORCE OF LAW- A map and legal description filed under paragraph (1)
shall have the same force and effect as if included in this title, except
that the Secretary may correct errors in the map and legal description.
(3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph
(1) shall be filed and made available for public inspection in the appropriate
office of the Secretary.
(d) Utility Facilities and Corridors- Nothing in this section or the Wilderness
Act shall be construed to prohibit construction, operation, and maintenance,
using standard industry practices, of utility facilities located, on the day
before the date of the enactment of this Act, outside of the wilderness areas
and wilderness additions designated by this section.
SEC. 103. ADMINISTRATION OF WILDERNESS.
(a) Management- Subject to valid existing rights, the land designated as wilderness
or as a wilderness addition by this title shall be administered by the Secretary
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in that Act to the effective date of that Act shall be
deemed to be a reference to the date of the enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture shall be deemed
to be a reference to the Secretary that has jurisdiction over the land.
(b) Incorporation of Acquired Land and Interests- Any land within the boundaries
of a wilderness area or wilderness addition designated by this title that
is acquired by the United States shall--
(1) become part of the wilderness area in which the land is located; and
(2) be managed in accordance with this title, the Wilderness Act (16 U.S.C.
1131 et seq.), and any other applicable law.
(c) Withdrawal- Subject to valid rights in existence on the date of enactment
of this Act, the land designated as wilderness or wilderness addition by this
title is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and geothermal leasing
or mineral materials.
(d) Fire Management and Related Activities-
(1) IN GENERAL- The Secretary may take such measures in a wilderness area
or wilderness addition designated by this Act as are necessary for the control
and prevention of fire, insects, and diseases in accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98-40
of the 98th Congress.
(2) FUNDING PRIORITIES- Nothing in this section limits funding for fire
and fuels management in the wilderness areas and additions designated by
this section.
(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS- As soon as
practicable after the date of the enactment of this Act, the Secretary shall
amend the local fire management plan that applies to the Agua Tibia Wilderness
and prepare a local fire management plan for the Beauty Mountain Wilderness.
(4) ADMINISTRATION- Consistent with paragraph (1) and other applicable Federal
law, to ensure a timely and efficient response to fire emergencies in the
wilderness areas and additions designated by this section, the Secretary
shall--
(A) not later than 1 year after the date of enactment of this Act, establish
agency approval procedures (including appropriate delegations of authority
to the Forest Supervisor, District Manager, or other agency officials)
for responding to fire emergencies; and
(B) enter into agreements with appropriate State or local firefighting
agencies.
(e) Grazing- Grazing of livestock in a wilderness area or wilderness addition
designated by this title shall be administered in accordance with the provisions
of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines
set forth in House Report 96-617 to accompany H.R. 5487 of the 96th Congress.
(f) Military Activities- Nothing in this section precludes--
(1) low-level overflights of military aircraft over the wilderness areas
or wilderness additions designated by this section;
(2) the designation of new units of special airspace over the wilderness
areas or wilderness additions designated by this section; or
(3) the use or establishment of military flight training routes over wilderness
areas or wilderness additions designated by this section.
TITLE II--LOCATION AND NATURE OF APPROPRIATE RECREATION FACILITIES
SEC. 201. RECREATIONAL FACILITIES.
(a) Construction of Facilities- Consistent with applicable law and the applicable
donation agreements between the Bureau of Land Management and The Conservation
Fund, the Bureau of Land Management shall construct facilities as follows:
(1) LOCATION OF RECREATIONAL FACILITIES- Recreational facilities shall be
located outside of the Beauty Mountain Wilderness in sections 13 and 14
and the southeast 1/4 of the northeast 1/4, and the northeast 1/4 of the
southeast 1/4 of section 8, Township 9 South, Range 3 East, San Bernardino
Base and Meridian to support recreational activities on public lands.
(2) PARKING AREA- A parking area shall be constructed in the northwest 1/4
section of the southwest 1/4 of section 33, Township 9 South, Range 3 East,
San Bernardino Base and Meridian.
(b) Appropriate Recreational Facilities- Consistent with the applicable donation
agreement between the Bureau of Land Management and The Conservation Fund,
recreational facilities located on the parcel described in subsection (a)
shall include a campground, parking area, corrals, water supply, restrooms,
and other appropriate facilities.
END
