[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 376 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 376
To provide for conservation, enhanced recreation opportunities, and
development of renewable energy in the California Desert Conservation
Area, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2019
Mr. Cook (for himself, Mr. Aguilar, Mr. Vargas, and Mr. Ruiz)
introduced the following bill; which was referred to the Committee on
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 and Recreation Act of 2019''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT
CONSERVATION AREA
Sec. 101. California desert conservation and recreation.
TITLE II--DESIGNATION OF SPECIAL MANAGEMENT AREA
Sec. 201. Vinagre Wash Special Management Area.
TITLE III--NATIONAL PARK SYSTEM ADDITIONS
Sec. 301. Death Valley National Park Boundary revision.
Sec. 302. Mojave National Preserve.
Sec. 303. Joshua Tree National Park.
TITLE IV--OFF-HIGHWAY VEHICLE RECREATION AREAS
Sec. 401. Off-highway vehicle recreation areas.
TITLE V--MISCELLANEOUS
Sec. 501. Transfer of land to Anza-Borrego Desert State Park.
Sec. 502. Wildlife corridors.
Sec. 503. Prohibited uses of acquired, donated, and conservation land.
Sec. 504. Tribal uses and interests.
Sec. 505. Release of Federal reversionary land interests.
Sec. 506. California State school land.
Sec. 507. Designation of wild and scenic rivers.
Sec. 508. Conforming amendments.
Sec. 509. Juniper Flats.
Sec. 510. Conforming amendments to California Military Lands Withdrawal
and Overflights Act of 1994.
Sec. 511. Desert tortoise conservation center.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the California Desert Conservation Area.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
land administered by the Department of the Interior; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(3) State.--The term ``State'' means the State of
California.
TITLE I--DESIGNATION OF WILDERNESS IN THE CALIFORNIA DESERT
CONSERVATION AREA
SEC. 101. CALIFORNIA DESERT CONSERVATION AND RECREATION.
(a) Designation of Wilderness Areas To Be Administered by the
Bureau of Land Management.--Section 102 of the California Desert
Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108
Stat. 4472) is amended by adding at the end the following:
``(70) Avawatz mountains wilderness.--Certain land in the
California Desert Conservation Area administered by the
Director of the Bureau of Land Management, comprising
approximately 89,500 acres, as generally depicted on the map
entitled `Proposed Avawatz Mountains Wilderness' and dated
November 7, 2018, to be known as the `Avawatz Mountains
Wilderness'.
``(71) Great falls basin wilderness.--Certain land in the
California Desert Conservation Area administered by the
Director of the Bureau of Land Management, comprising
approximately 7,810 acres, as generally depicted on the map
entitled `Proposed Great Falls Basin Wilderness' and dated
November 7, 2018, to be known as the `Great Falls Basin
Wilderness'.
``(72) Soda mountains wilderness.--Certain land in the
California Desert Conservation Area, administered by the Bureau
of Land Management, comprising approximately 80,090 acres, as
generally depicted on the map entitled `Proposed Soda Mountains
Wilderness' and dated November 7, 2018, to be known as the
`Soda Mountains Wilderness'.
``(73) Milpitas wash wilderness.--Certain land in the
California Desert Conservation Area, administered by the Bureau
of Land Management, comprising approximately 17,250 acres,
depicted as `Proposed Milpitas Wash Wilderness' on the map
entitled `Proposed Vinagre Wash Special Management Area and
Proposed Wilderness' and dated December 4, 2018, to be known as
the `Milpitas Wash Wilderness'.
``(74) Buzzards peak wilderness.--Certain land in the
California Desert Conservation Area, administered by the Bureau
of Land Management, comprising approximately 11,840 acres,
depicted as `Proposed Buzzards Peak Wilderness' on the map
entitled `Proposed Vinagre Wash Special Management Area and
Proposed Wilderness' and dated December 4, 2018, to be known as
the `Buzzards Peak Wilderness'.''.
(b) Additions to Existing Wilderness Areas Administered by the
Bureau of Land Management.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the
State is designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Golden valley wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 1,250 acres, as
generally depicted on the map entitled ``Proposed Golden Valley
Wilderness Addition'' and dated November 7, 2018, which shall
be added to and administered as part of the ``Golden Valley
Wilderness''.
(2) Kingston range wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 52,410 acres, as
generally depicted on the map entitled ``Proposed Kingston
Range Wilderness Additions'' and dated November 7, 2018, which
shall be added to and administered as part of the ``Kingston
Range Wilderness''.
(3) Palo verde mountains wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 9,350 acres, depicted
as ``Proposed Palo Verde Mountains Wilderness Additions'' on
the map entitled ``Proposed Vinagre Wash Special Management
Area and Proposed Wilderness'' and dated December 4, 2018,
which shall be added to and administered as part of the ``Palo
Verde Mountains Wilderness''.
(4) Indian pass mountains wilderness.--Certain land in the
Conservation Area administered by the Director of the Bureau of
Land Management, comprising approximately 10,860 acres,
depicted as ``Proposed Indian Pass Wilderness Additions'' on
the map entitled ``Proposed Vinagre Wash Special Management
Area and Proposed Wilderness'' and dated December 4, 2018,
which shall be added to and administered as part of the
``Indian Pass Mountains Wilderness''.
(c) Designation of Wilderness Areas To Be Administered by the
National Park Service.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.) the following land in Death
Valley National Park is designated as wilderness and as a component of
the National Wilderness Preservation System, which shall be added to,
and administered as part of the Death Valley National Park Wilderness
established by section 601(a)(1) of the California Desert Protection
Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496):
(1) Death valley national park wilderness additions-north
eureka valley.--Approximately 11,496 acres, as generally
depicted on the map entitled ``Death Valley National Park
Proposed Wilderness Area-North Eureka Valley'', numbered 143/
100,082D, and dated November 1, 2018.
(2) Death valley national park wilderness additions-ibex.--
Approximately 23,650 acres, as generally depicted on the map
entitled ``Death Valley National Park Proposed Wilderness Area-
Ibex'', numbered 143/100,081D, and dated November 1, 2018.
(3) Death valley national park wilderness additions-
panamint valley.--Approximately 4,807 acres, as generally
depicted on the map entitled ``Death Valley National Park
Proposed Wilderness Area-Panamint Valley'', numbered 143/
100,083D, and dated November 1, 2018.
(4) Death valley national park wilderness additions-warm
springs.--Approximately 10,485 acres, as generally depicted on
the map entitled ``Death Valley National Park Proposed
Wilderness Area-Warm Spring Canyon/Galena Canyon'', numbered
143/100,084D, and dated November 1, 2018.
(5) Death valley national park wilderness additions-axe
head.--Approximately 8,638 acres, as generally depicted on the
map entitled ``Death Valley National Park Proposed Wilderness
Area-Axe Head'', numbered 143/100,085D, and dated November 1,
2018.
(6) Death valley national park wilderness additions-bowling
alley.--Approximately 28,923 acres, as generally depicted on
the map entitled ``Death Valley National Park Proposed
Wilderness Area-Bowling Alley'', numbered 143/128,606A, and
dated November 1, 2018.
(d) Additions to Existing Wilderness Area Administered by the
Forest Service.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the land described in
paragraph (2)--
(A) is designated as wilderness and as a component
of the National Wilderness Preservation System; and
(B) shall be added to and administered as part of
the San Gorgonio Wilderness established by the
Wilderness Act (16 U.S.C. 1131 et seq.).
(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 ``San Gorgonio Wilderness Additions--
Proposed'' and dated November 7, 2018.
(3) Fire management and related activities.--
(A) In general.--The Secretary may carry out such
activities in the wilderness area designated by
paragraph (1) as are necessary for the control of fire,
insects, and disease, 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.
(B) Funding priorities.--Nothing in this subsection
limits the provision of any funding for fire or fuel
management in the wilderness area designated by
paragraph (1).
(C) Revision and development of local fire
management plans.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
amend the local fire management plans that apply to the
wilderness area designated by paragraph (1).
(D) Administration.--In accordance with
subparagraph (A) and other applicable Federal law, to
ensure a timely and efficient response to fire
emergencies in the wilderness area designated by
paragraph (1), the Secretary shall--
(i) 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
in the wilderness area designated by paragraph
(1); and
(ii) enter into agreements with appropriate
State or local firefighting agencies relating
to the wilderness area.
(e) Effect on Utility Facilities and Rights-of-Way.--Nothing in
this section or an amendment made by this section affects or precludes
the renewal or reauthorization of any valid existing right-of-way or
customary operation, maintenance, repair, upgrading, or replacement
activities in a right-of-way acquired by or issued, granted, or
permitted to the Southern California Edison Company or successors or
assigns of the Southern California Edison Company.
(f) Release of Wilderness Study Areas.--
(1) 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 paragraph (2) that is not designated as a wilderness area,
or a wilderness addition by this Act (including an amendment
made by this Act) or any other Act enacted before the date of
enactment of this Act has been adequately studied for
wilderness designation.
(2) Description of study areas.--The study areas referred
to in subsection (a) are--
(A) the Cady Mountains Wilderness Study Area;
(B) the Soda Mountains Wilderness Study Area;
(C) the Kingston Range Wilderness Study Area;
(D) the Avawatz Mountain Wilderness Study Area;
(E) the Death Valley 17 Wilderness Study Area; and
(F) the Great Falls Basin Wilderness Study Area.
(3) Release.--Any portion of a wilderness study area
described in paragraph (2)--
(A) that is not designated as a wilderness area or
a wilderness addition by this Act (including an
amendment made by this Act) or any other Act enacted
before the date of enactment of this Act is no longer
subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)); or
(B) that is not transferred to the administrative
jurisdiction of the National Park Service for inclusion
in a unit of the National Park System by this Act
(including an amendment made by this Act) or any other
Act enacted before the date of enactment of this Act.
TITLE II--DESIGNATION OF SPECIAL MANAGEMENT AREA
SEC. 201. VINAGRE WASH SPECIAL MANAGEMENT AREA.
Title I of the California Desert Protection Act of 1994 (16 U.S.C.
1132 note; Public Law 103-433; 108 Stat. 4472) is amended by adding at
the end the following:
``SEC. 109. VINAGRE WASH SPECIAL MANAGEMENT AREA.
``(a) Definitions.--In this section:
``(1) Management area.--The term `Management Area' means
the Vinagre Wash Special Management Area established by
subsection (b).
``(2) Map.--The term `map' means the map entitled `Proposed
Vinagre Wash Special Management Area and Proposed Wilderness'
and dated December 4, 2018.
``(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) State.--The term `State' means the State of
California.
``(b) Establishment.--There is established the Vinagre Wash Special
Management Area in the State, to be managed by the Secretary.
``(c) 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.
``(d) Boundaries.--The Management Area shall consist of the public
land in Imperial County, California, comprising approximately 81,880
acres, as generally depicted on the map as `Proposed Special Management
Area'.
``(e) Map; Legal Description.--
``(1) In general.--As soon as practicable, but not later
than 3 years, after the date of enactment of this section, 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 section, 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 the appropriate offices of the Bureau of Land
Management.
``(f) Management.--
``(1) In general.--The Secretary shall manage the
Management Area--
``(A) in a manner that conserves, protects, and
enhances the purposes for which the Management Area is
established; and
``(B) in accordance with--
``(i) this section;
``(ii) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et
seq.); and
``(iii) other applicable laws.
``(2) Uses.--The Secretary shall allow only those uses that
are consistent with the purposes of the Management Area,
including 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--
``(A) is consistent with the purpose of the
Management Area described in subsection (c);
``(B) ensures public health and safety; and
``(C) is consistent with all applicable laws
(including regulations), including the Desert Renewable
Energy Conservation Plan.
``(3) Off-highway vehicle use.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and all other applicable laws, the use of off-
highway vehicles shall be permitted on routes in the
Management Area as generally depicted on the map.
``(B) Closure.--The Secretary may close or
permanently reroute a portion of a route described in
subparagraph (A)--
``(i) to prevent, or allow for restoration
of, resource damage;
``(ii) to protect Tribal cultural
resources, including the resources identified
in the Tribal cultural resources management
plan developed under section 705(d);
``(iii) to address public safety concerns;
or
``(iv) as otherwise required by law.
``(C) Designation of additional routes.--During the
3-year period beginning on the date of enactment of
this section, the Secretary--
``(i) shall accept petitions from the
public regarding additional routes for off-
highway vehicles; and
``(ii) 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.
``(4) Withdrawal.--Subject to valid existing rights, all
Federal land within the Management Area is withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) right-of-way, leasing, or disposition under
all laws relating to--
``(i) minerals and mineral materials; or
``(ii) solar, wind, and geothermal energy.
``(5) No buffer zone.--The establishment of the Management
Area shall not--
``(A) create a protective perimeter or buffer zone
around the Management Area; or
``(B) 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.
``(6) 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--
``(A) the placement of appropriate signage along
the designated routes;
``(B) the distribution of maps, safety education
materials, and other information that the Secretary
determines to be appropriate; and
``(C) restoration of areas that are not designated
as open routes, including vertical mulching.
``(7) 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--
``(A) route signage;
``(B) restoration of closed routes;
``(C) protection of Management Area resources; and
``(D) recreation education.
``(8) Protection of tribal cultural resources.--Not later
than 2 years after the date of enactment of this section, the
Secretary, in accordance with chapter 2003 of title 54, United
States Code, and any other applicable law, shall--
``(A) prepare and complete a Tribal cultural
resources survey of the Management Area; and
``(B) 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 subparagraph
(A).
``(9) Military use.--The Secretary may authorize use of the
non-wilderness portion of the Management Area 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,
consistent with this section and other applicable laws.''.
TITLE III--NATIONAL PARK SYSTEM ADDITIONS
SEC. 301. DEATH VALLEY NATIONAL PARK BOUNDARY REVISION.
(a) In General.--The boundary of Death Valley National Park is
adjusted to include--
(1) the approximately 28,923 acres of Bureau of Land
Management land in San Bernardino County, California, 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-Bowling
Alley'', numbered 143/128,605A, and dated November 1, 2018; and
(2) the approximately 6,369 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
``Death Valley National Park Proposed Boundary Addition-
Crater'', numbered 143/100,079D, and dated November 1, 2018.
(b) Availability of Map.--The maps described in paragraphs (1) and
(2) 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--
(1) shall 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) may enter into a memorandum of understanding with Inyo
County, California, to permit operationally feasible, ongoing
access to and use (including material storage and excavation)
of existing gravel pits along Saline Valley Road within Death
Valley National Park for road maintenance and repairs in
accordance with applicable laws (including regulations).
(d) Mormon Peak Microwave Facility.--Title VI of the California
Desert Protection Act of 1994 (16 U.S.C. 1132 note; Public Law 103-433;
108 Stat. 4496) is amended by adding at the end the following:
``SEC. 604. MORMON PEAK MICROWAVE FACILITY.
``The designation of the Death Valley National Park Wilderness by
section 601(a)(1) shall not preclude the operation and maintenance of
the Mormon Peak Microwave Facility.''.
SEC. 302. MOJAVE NATIONAL PRESERVE.
The boundary of the Mojave National Preserve is adjusted to include
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 170/100,199A, and dated November 1, 2018.
SEC. 303. JOSHUA TREE NATIONAL PARK.
(a) Boundary Adjustment.--The boundary of the Joshua Tree National
Park is adjusted to include--
(1) the approximately 2,879 acres of land managed by the
Bureau of Land Management that are depicted as ``BLM Proposed
Boundary Addition'' on the map entitled ``Joshua Tree National
Park Proposed Boundary Additions'', numbered 156/149,375, and
dated November 1, 2018; and
(2) the approximately 1,639 acres of land that are depicted
as ``MDLT Proposed Boundary Addition'' on the map entitled
``Joshua Tree National Park Proposed Boundary Additions'',
numbered 156/149,375, and dated November 1, 2018.
(b) Availability of Maps.--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.
(c) Administration.--
(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 of the 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.
(d) Southern California Edison Company Energy Transport Facilities
and Rights-of-Way.--
(1) In general.--Nothing in this section affects any valid
right-of-way for the customary operation, maintenance, upgrade,
repair, relocation within an existing right-of-way,
replacement, or other authorized energy transport facility
activities in a right-of-way issued, granted, or permitted to
the Southern California Edison Company or the successors or
assigns of the Southern California Edison Company that is
located on land described in paragraphs (1) and (2) of
subsection (a), including, at a minimum, the use of mechanized
vehicles, helicopters, or other aerial devices.
(2) Upgrades and replacements.--Nothing in this section
prohibits the upgrading or replacement of--
(A) Southern California Edison Company energy
transport facilities, including the energy transport
facilities referred to as the Jellystone, Burnt
Mountain, Whitehorn, Allegra, and Utah distribution
circuits rights-of-way; or
(B) an energy transport facility in rights-of-way
issued, granted, or permitted by the Secretary adjacent
to Southern California Edison Joshua Tree Utility
Facilities.
(3) Publication of plans.--Not later than the date that is
1 year after the date of enactment of this Act or the issuance
of a new energy transport facility right-of-way within the
Joshua Tree National Park, whichever is earlier, the Secretary,
in consultation with the Southern California Edison Company,
shall publish plans for regular and emergency access by the
Southern California Edison Company to the rights-of-way of the
Southern California Edison Company within Joshua Tree National
Park.
(e) Visitor Center.--Title IV of the California Desert Protection
Act of 1994 (16 U.S.C. 410aaa-21 et seq.) is amended by adding at the
end the following:
``SEC. 408. VISITOR CENTER.
``(a) In General.--The Secretary may acquire not more than 5 acres
of land and interests in land, and improvements on the land and
interests, outside the boundaries of the park, in the unincorporated
village of Joshua Tree, for the purpose of operating a visitor center.
``(b) Boundary.--The Secretary shall modify the boundary of the
park to include the land acquired under this section as a noncontiguous
parcel.
``(c) Administration.--Land and facilities acquired under this
section--
``(1) may include the property owned (as of the date of
enactment of this section) by the Joshua Tree National Park
Association and commonly referred to as the `Joshua Tree
National Park Visitor Center';
``(2) shall be administered by the Secretary as part of the
park; and
``(3) may be acquired only with the consent of the owner,
by donation, purchase with donated or appropriated funds, or
exchange.''.
TITLE IV--OFF-HIGHWAY VEHICLE RECREATION AREAS
SEC. 401. OFF-HIGHWAY VEHICLE RECREATION AREAS.
Public Law 103-433 is amended by inserting after title XII (16
U.S.C. 410bbb et seq.) the following:
``TITLE XIII--OFF-HIGHWAY VEHICLE RECREATION AREAS
``SEC. 1301. DESIGNATION OF OFF-HIGHWAY VEHICLE RECREATION AREAS.
``(a) In General.--
``(1) 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 rights, the following land within the
Conservation Area in San Bernardino County, California, is
designated as Off-Highway Vehicle Recreation Areas:
``(A) Dumont dunes off-highway vehicle recreation
area.--Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 7,620
acres, as generally depicted on the map entitled
`Proposed Dumont Dunes OHV Recreation Area' and dated
November 7, 2018, which shall be known as the `Dumont
Dunes Off-Highway Vehicle Recreation Area'.
``(B) El mirage off-highway vehicle recreation
area.--Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 16,370
acres, as generally depicted on the map entitled
`Proposed El Mirage OHV Recreation Area' and dated
December 10, 2018, which shall be known as the `El
Mirage Off-Highway Vehicle Recreation Area'.
``(C) Rasor off-highway vehicle recreation area.--
Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 23,900
acres, as generally depicted on the map entitled
`Proposed Rasor OHV Recreation Area' and dated November
7, 2018, which shall be known as the `Rasor Off-Highway
Vehicle Recreation Area'.
``(D) Spangler hills off-highway vehicle recreation
area.--Certain Bureau of Land Management land in the
Conservation Area, comprising approximately 92,340
acres, as generally depicted on the map entitled
`Proposed Spangler Hills OHV Recreation Area' and dated
December 10, 2018, which shall be known as the
`Spangler Hills Off-Highway Vehicle Recreation Area'.
``(E) Stoddard valley off-highway vehicle
recreation area.--Certain Bureau of Land Management
land in the Conservation Area, comprising approximately
40,110 acres, as generally depicted on the map entitled
`Proposed Stoddard Valley OHV Recreation Area' and
dated November 7, 2018, which shall be known as the
`Stoddard Valley Off-Highway Vehicle Recreation Area'.
``(2) Expansion of johnson valley off-highway vehicle
recreation area.--The Johnson Valley Off-Highway Vehicle
Recreation Area designated by section 2945 of the Military
Construction Authorization Act for Fiscal Year 2014 (division B
of Public Law 113-66; 127 Stat. 1038) is expanded to include
approximately 20,240 acres, depicted as `Proposed OHV
Recreation Area Additions' and `Proposed OHV Recreation Area
Study Areas' on the map entitled `Proposed Johnson Valley OHV
Recreation Area' and dated November 7, 2018.
``(b) Purpose.--The purpose of the off-highway vehicle recreation
areas designated or expanded 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 or expanded 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.
``(d) Use of the Land.--
``(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
or expanded by subsection (a), 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 or expanded 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
or expanded by subsection (a) in accordance with--
``(A) applicable Bureau of Land Management
guidelines; and
``(B) State law.
``(3) Prohibited uses.--
``(A) In general.--Except as provided in
subparagraph (B), commercial development (including
development of energy facilities, but excluding energy
transport facilities, rights-of-way, and related
telecommunication facilities) shall be prohibited in
the off-highway vehicle recreation areas designated or
expanded by subsection (a) if the Secretary determines
that the development is incompatible with the purpose
described in subsection (b).
``(B) Exception.--The Secretary may issue a
temporary permit to a commercial vendor to provide
accessories and other support for off-highway vehicle
use in an off-highway vehicle recreation area
designated or expanded by subsection (a) for a limited
period and consistent with the purposes of the off-
highway vehicle recreation area and applicable laws.
``(e) Administration.--
``(1) In general.--The Secretary shall administer the off-
highway vehicle recreation areas designated or expanded by
subsection (a) in accordance with--
``(A) this title;
``(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).
``(2) Management plan.--
``(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 off-highway vehicle
recreation areas designated or expanded by
subsection (a); or
``(ii) develop new management plans for
each off-highway vehicle recreation area
designated or expanded 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.
``(f) Withdrawal.--Subject to valid existing rights, all Federal
land within the off-highway vehicle recreation areas designated or
expanded by subsection (a) 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 mineral leasing, geothermal leasing, or mineral
materials.
``(g) Southern California Edison Company Utility Facilities and
Rights-of-Way.--
``(1) Effect of title.--Nothing in this title--
``(A) affects any validly issued right-of-way for
the customary operation, maintenance, upgrade, repair,
relocation within an existing right-of-way,
replacement, or other authorized energy transport
facility activities (including the use of any
mechanized vehicle, helicopter, and other aerial
device) in a right-of-way acquired by or issued,
granted, or permitted to Southern California Edison
Company (including any successor in interest or assign)
that is located on land included in--
``(i) the El Mirage Off-Highway Vehicle
Recreation Area;
``(ii) the Spangler Hills Off-Highway
Vehicle Recreation Area;
``(iii) the Stoddard Valley Off-Highway
Vehicle Recreation Area; or
``(iv) the Johnson Valley Off-Highway
Vehicle Recreation Area;
``(B) affects the application, siting, route
selection, right-of-way acquisition, or construction of
the Coolwater-Lugo transmission project, as may be
approved by the California Public Utilities Commission
and the Bureau of Land Management; or
``(C) prohibits the upgrading or replacement of any
Southern California Edison Company--
``(i) utility facility, including such a
utility facility known on the date of enactment
of this title as--
``(I) `Gale-PS 512 transmission
lines or rights-of-way';
``(II) `Patio, Jack Ranch, and
Kenworth distribution circuits or
rights-of-way'; or
``(III) `Bessemer and Peacor
distribution circuits or rights-of-
way'; or
``(ii) energy transport facility in a
right-of-way issued, granted, or permitted by
the Secretary adjacent to a utility facility
referred to in clause (i).
``(2) Plans for access.--The Secretary, in consultation
with the Southern California Edison Company, shall publish
plans for regular and emergency access by the Southern
California Edison Company to the rights-of-way of the Company
by the date that is 1 year after the later of--
``(A) the date of enactment of this title; and
``(B) the date of issuance of a new energy
transport facility right-of-way within--
``(i) the El Mirage Off-Highway Vehicle
Recreation Area;
``(ii) the Spangler Hills Off-Highway
Vehicle Recreation Area;
``(iii) the Stoddard Valley Off-Highway
Vehicle Recreation Area; or
``(iv) the Johnson Valley Off-Highway
Vehicle Recreation Area.
``(h) Pacific Gas and Electric Company Utility Facilities and
Rights-of-Way.--
``(1) Effect of title.--Nothing in this title--
``(A) affects any validly issued right-of-way for
the customary operation, maintenance, upgrade, repair,
relocation within an existing right-of-way,
replacement, or other authorized activity (including
the use of any mechanized vehicle, helicopter, and
other aerial device) in a right-of-way acquired by or
issued, granted, or permitted to Pacific Gas and
Electric Company (including any successor in interest
or assign) that is located on land included in the
Spangler Hills Off-Highway Vehicle Recreation Area; or
``(B) prohibits the upgrading or replacement of
any--
``(i) utility facilities of the Pacific Gas
and Electric Company, including those utility
facilities known on the date of enactment of
this title as--
``(I) `Gas Transmission Line 311 or
rights-of-way'; or
``(II) `Gas Transmission Line 372
or rights-of-way'; or
``(ii) utility facilities of the Pacific
Gas and Electric Company in rights-of-way
issued, granted, or permitted by the Secretary
adjacent to a utility facility referred to in
clause (i).
``(2) Plans for access.--Not later than 1 year after the
date of enactment of this title or the issuance of a new
utility facility right-of-way within the Spangler Hills Off-
Highway Vehicle Recreation Area, whichever is later, the
Secretary, in consultation with the Pacific Gas and Electric
Company, shall publish plans for regular and emergency access
by the Pacific Gas and Electric Company to the rights-of-way of
the Pacific Gas and Electric Company.
``TITLE XIV--ALABAMA HILLS NATIONAL SCENIC AREA
``SEC. 1401. DEFINITIONS.
``In this title:
``(1) Management plan.--The term `management plan' means
the management plan for the Scenic Area developed under section
1403(a).
``(2) Map.--The term `Map' means the map entitled `Proposed
Alabama Hills National Scenic Area' and dated November 7, 2018.
``(3) Motorized vehicle.--The term `motorized vehicle'
means a motorized or mechanized vehicle and includes, when used
by a utility, mechanized equipment, a helicopter, and any other
aerial device necessary to maintain electrical or
communications infrastructure.
``(4) Scenic area.--The term `Scenic Area' means the
Alabama Hills National Scenic Area established by section
1402(a).
``(5) State.--The term `State' means the State of
California.
``(6) Tribe.--The term `Tribe' means the Lone Pine Paiute-
Shoshone Tribe.
``SEC. 1402. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.
``(a) Establishment.--Subject to valid existing rights, there is
established in Inyo County, California, the Alabama Hills National
Scenic Area, to be comprised of the approximately 18,610 acres
generally depicted on the Map as `National Scenic Area'.
``(b) Purpose.--The purpose of the Scenic Area is to conserve,
protect, and enhance for the benefit, use, and enjoyment of present and
future generations the nationally significant scenic, cultural,
geological, educational, biological, historical, recreational,
cinematographic, and scientific resources of the Scenic Area managed
consistent with section 302(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(a)).
``(c) Map; Legal Descriptions.--
``(1) In general.--As soon as practicable after the date of
enactment of this title, the Secretary shall file a map and a
legal description of the Scenic Area with--
``(A) the Committee on Energy and Natural Resources
of the Senate; and
``(B) the Committee on Natural Resources of the
House of Representatives.
``(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this title, except that the Secretary may correct
any clerical and typographical errors in the map and legal
descriptions.
``(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and the Bureau of Land Management.
``(d) Administration.--The Secretary shall manage the Scenic Area--
``(1) as a component of the National Landscape Conservation
System;
``(2) so as not to impact the future continuing operation
and maintenance of any activities associated with valid,
existing rights, including water rights;
``(3) in a manner that conserves, protects, and enhances
the resources and values of the Scenic Area described in
subsection (b); and
``(4) in accordance with--
``(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
``(B) this title; and
``(C) any other applicable laws.
``(e) Management.--
``(1) In general.--The Secretary shall allow only such uses
of the Scenic Area as the Secretary determines would further
the purposes of the Scenic Area as described in subsection (b).
``(2) Recreational activities.--Except as otherwise
provided in this title or other applicable law, or as the
Secretary determines to be necessary for public health and
safety, the Secretary shall allow existing recreational uses of
the Scenic Area to continue, including hiking, mountain biking,
rock climbing, sightseeing, horseback riding, hunting, fishing,
and appropriate authorized motorized vehicle use in accordance
with paragraph (3).
``(3) Motorized vehicles.--Except as otherwise specified in
this title, or as necessary for administrative purposes or to
respond to an emergency, the use of motorized vehicles in the
Scenic Area shall be permitted only on--
``(A) roads and trails designated by the Secretary
for use of motorized vehicles as part of a management
plan sustaining a semiprimitive motorized experience;
or
``(B) county-maintained roads in accordance with
applicable State and county laws.
``(f) No Buffer Zones.--
``(1) In general.--Nothing in this title creates a
protective perimeter or buffer zone around the Scenic Area.
``(2) Activities outside scenic area.--The fact that an
activity or use on land outside the Scenic Area can be seen or
heard within the Scenic Area shall not preclude the activity or
use outside the boundaries of the Scenic Area.
``(g) Access.--The Secretary shall provide private landowners
adequate access to inholdings in the Scenic Area.
``(h) Filming.--Nothing in this title prohibits filming (including
commercial film production, student filming, and still photography)
within the Scenic Area--
``(1) subject to--
``(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
``(B) applicable law; and
``(2) in a manner consistent with the purposes described in
subsection (b).
``(i) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
``(j) Livestock.--The grazing of livestock in the Scenic Area,
including grazing under the Alabama Hills allotment and the George
Creek allotment, as established before the date of enactment of this
title, shall be permitted to continue--
``(1) subject to--
``(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
``(B) applicable law; and
``(2) in a manner consistent with the purposes described in
subsection (b).
``(k) Withdrawal.--Subject to the provisions of this title and
valid rights in existence on the date of enactment of this title,
including rights established by prior withdrawals, the Federal land
within the Scenic Area 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.
``(l) Wildland Fire Operations.--Nothing in this title prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the Scenic Area, consistent with the purposes described in subsection
(b).
``(m) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with, State, Tribal, and local governmental
entities and private entities to conduct research, interpretation, or
public education or to carry out any other initiative relating to the
restoration, conservation, or management of the Scenic Area.
``(n) Utility Facilities and Rights-of-Way.--
``(1) Effect of title.--Nothing in this title--
``(A) affects the existence, use, operation,
maintenance (including vegetation control), repair,
construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition,
relocation, improvement, funding, removal, or
replacement of any utility facility or appurtenant
right-of-way within or adjacent to the Scenic Area;
``(B) subject to subsection (e), affects necessary
or efficient access to utility facilities or rights-of-
way within or adjacent to the Scenic Area; and
``(C) precludes the Secretary from authorizing the
establishment of new utility facility rights-of-way
(including instream sites, routes, and areas) within
the Scenic Area in a manner that minimizes harm to the
purpose of the Scenic Area as described in subsection
(b)--
``(i) in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and any other applicable law;
``(ii) subject to such terms and conditions
as the Secretary determines to be appropriate;
and
``(iii) that are determined by the
Secretary to be the only technical or feasible
location, following consideration of
alternatives within existing rights-of-way or
outside of the Scenic Area.
``(2) Management plan.--Consistent with this title, the
Management Plan shall establish provisions for maintenance of
public utility and other rights-of-way within the Scenic Area.
``SEC. 1403. MANAGEMENT PLAN.
``(a) In General.--Not later than 3 years after the date of
enactment of this title, in accordance with subsections (b) and (c),
the Secretary shall develop a comprehensive plan for the long-term
management of the Scenic Area.
``(b) Consultation.--In developing the management plan, the
Secretary shall consult with--
``(1) appropriate State, Tribal, and local governmental
entities, including Inyo County and the Tribe;
``(2) utilities, including Southern California Edison
Company and the Los Angeles Department of Water and Power;
``(3) the Alabama Hills Stewardship Group; and
``(4) members of the public.
``(c) Requirement.--In accordance with this title, the management
plan shall include provisions for maintenance of existing public
utility and other rights-of-way within the Scenic Area.
``(d) Incorporation.--In developing the management plan, in
accordance with this section, the Secretary may allow casual use mining
limited to the use of hand tools, metal detectors, hand-fed dry
washers, vacuum cleaners, gold pans, small sluices, and similar items.
``(e) Interim Management.--Pending completion of the management
plan, the Secretary shall manage the Scenic Area in accordance with
section 1402(b).
``SEC. 1404. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
``(a) Trust Land.--
``(1) In general.--On completion of the survey described in
subsection (b), all right, title, and interest of the United
States in and to the approximately 132 acres of Federal land
depicted on the Map as `Lone Pine Paiute-Shoshone Reservation
Addition' shall be held in trust for the benefit of the Tribe,
subject to paragraphs (2) and (3).
``(2) Conditions.--The land described in paragraph (1)
shall be subject to all easements, covenants, conditions,
restrictions, withdrawals, and other matters of record in
existence on the date of enactment of this title.
``(3) Exclusion.--The Federal land over which the right-of-
way for the Los Angeles Aqueduct is located, generally
described as the 250-foot-wide right-of-way granted to the City
of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat.
801, chapter 3926), shall not be taken into trust for the
Tribe.
``(b) Survey.--Not later than 180 days after the date of enactment
of this title, the Secretary shall complete a survey of the boundary
lines to establish the boundaries of the land to be held in trust under
subsection (a)(1).
``(c) Reservation Land.--The land held in trust pursuant to
subsection (a)(1) shall be considered to be a part of the reservation
of the Tribe.
``(d) Gaming Prohibition.--Land held in trust under subsection
(a)(1) shall not be eligible, or considered to have been taken into
trust, for gaming (within the meaning of the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.)).
``SEC. 1405. TRANSFER OF ADMINISTRATIVE JURISDICTION.
``Administrative jurisdiction over the approximately 56 acres of
Federal land depicted on the Map as `USFS Transfer to BLM' is
transferred from the Forest Service to the Bureau of Land Management.
``SEC. 1406. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.
``(a) Effect of Title.--Nothing in this title limits commercial
services for existing or historic recreation uses, as authorized by the
permit process of the Bureau of Land Management.
``(b) Guided Recreational Opportunities.--Commercial permits to
exercise guided recreational opportunities for the public that are
authorized as of the date of enactment of this title may continue to be
authorized.''.
TITLE V--MISCELLANEOUS
SEC. 501. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK.
Title VII of the California Desert Protection Act is 1994 (16
U.S.C. 410aaa-71 et seq.) is amended by adding at the end the
following:
``SEC. 712. TRANSFER OF LAND TO ANZA-BORREGO DESERT STATE PARK.
``(a) In General.--On termination of all mining claims to the land
described in subsection (b), the Secretary shall transfer the land
described in that subsection to the State of California.
``(b) Description of Land.--The land referred to in subsection (a)
is certain Bureau of Land Management land in San Diego County,
California, comprising approximately 934 acres, as generally depicted
on the map entitled `Proposed Table Mountain Wilderness Study Area
Transfer to the State' and dated November 7, 2018.
``(c) Management.--
``(1) In general.--The land transferred under subsection
(a) shall be managed in accordance with the provisions of the
California Wilderness Act (California Public Resources Code
sections 5093.30-5093.40).
``(2) Withdrawal.--Subject to valid existing rights, the
land transferred under subsection (a) is withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to
mineral and geothermal leasing.
``(3) Reversion.--If the State ceases to manage the land
transferred under subsection (a) 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 at the
discretion of the Secretary, to be managed as a Wilderness
Study Area.''.
SEC. 502. WILDLIFE CORRIDORS.
Title VII of the California Desert Protection Act is 1994 (16
U.S.C. 410aaa-71 et seq.) (as amended by section 501) is amended by
adding at the end the following:
``SEC. 713. WILDLIFE CORRIDORS.
``(a) In General.--The Secretary shall--
``(1) assess the impacts of habitat fragmentation on
wildlife in the California Desert Conservation Area; and
``(2) establish policies and procedures to ensure the
preservation of wildlife corridors and facilitate species
migration.
``(b) Study.--
``(1) In general.--As soon as practicable, but not later
than 2 years, after the date of enactment of this section, the
Secretary shall complete a study regarding the impact of
habitat fragmentation on wildlife in the California Desert
Conservation Area.
``(2) Components.--The study under paragraph (1) shall--
``(A) identify the species migrating, or likely to
migrate in the California Desert Conservation Area;
``(B) examine the impacts and potential impacts of
habitat fragmentation on--
``(i) plants, insects, and animals;
``(ii) soil;
``(iii) air quality;
``(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
California Desert 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 California Desert
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 California Desert
Conservation Area the findings and recommendations of the study
completed under subsection (b).''.
SEC. 503. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION LAND.
Title VII of the California Desert Protection Act is 1994 (16
U.S.C. 410aaa-71 et seq.) (as amended by section 502) is amended by
adding at the end the following:
``SEC. 714. PROHIBITED USES OF ACQUIRED, DONATED, AND CONSERVATION
LAND.
``(a) Definitions.--In this section:
``(1) Acquired land.--The term `acquired land' means any
land acquired within the Conservation Area using amounts from
the land and water conservation fund established under section
200302 of title 54, United States Code.
``(2) Conservation area.--The term `Conservation Area'
means the California Desert Conservation Area.
``(3) Conservation land.--The term `conservation land'
means any land within the Conservation Area that is designated
to satisfy the conditions of a Federal habitat conservation
plan, general conservation plan, or State natural communities
conservation plan, including--
``(A) national conservation land established
pursuant to section 2002(b)(2)(D) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D));
and
``(B) areas of critical environmental concern
established pursuant to section 202(c)(3) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712(c)(3)).
``(4) Donated land.--The term `donated land' means any
private land donated to the United States for conservation
purposes in the Conservation Area.
``(5) Donor.--The term `donor' means an individual or
entity that donates private land within the Conservation Area
to the United States.
``(6) Secretary.--The term `Secretary' means the Secretary,
acting through the Director of the Bureau of Land Management.
``(7) State.--The term `State' means the State of
California.
``(b) Prohibitions.--Except as provided in subsection (c), the
Secretary shall not authorize the use of acquired land, conservation
land, or donated land within the Conservation Area for any activities
contrary to the conservation purposes for which the land was acquired,
designated, or donated, including--
``(1) disposal;
``(2) rights-of-way;
``(3) leases;
``(4) livestock grazing;
``(5) infrastructure development, except as provided in
subsection (c);
``(6) mineral entry; and
``(7) off-highway vehicle use, except on--
``(A) designated routes;
``(B) off-highway vehicle areas designated by law;
and
``(C) administratively designated open areas.
``(c) Exceptions.--
``(1) Authorization by secretary.--Subject to paragraph
(2), the Secretary may authorize limited exceptions to
prohibited uses of acquired land or donated land in the
Conservation Area if--
``(A) a right-of-way application for a renewable
energy development project or associated energy
transport facility on acquired land or donated land was
submitted to the Bureau of Land Management on or before
December 1, 2009; or
``(B) after the completion and consideration of an
analysis under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Secretary has
determined that proposed use is in the public interest.
``(2) Conditions.--
``(A) In general.--If the Secretary grants an
exception to the prohibition under paragraph (1), the
Secretary shall require the permittee to donate private
land of comparable value located within the
Conservation Area 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--
``(i) consultation, to the maximum extent
practicable, with the donor of the private land
proposed for nonconservation uses; and
``(ii) an opportunity for public comment
regarding the donation.
``(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 section.
``(e) Deed Restrictions.--Effective beginning on the date of
enactment of this section, within the Conservation Area, the Secretary
may--
``(1) accept deed restrictions requested by landowners for
land donated to, or otherwise acquired by, the United States;
and
``(2) consistent with existing rights, create deed
restrictions, easements, or other third-party rights relating
to any public land determined by the Secretary to be
necessary--
``(A) to fulfill the mitigation requirements
resulting from the development of renewable resources;
or
``(B) to satisfy the conditions of--
``(i) a habitat conservation plan or
general conservation plan established pursuant
to section 10 of the Endangered Species Act of
1973 (16 U.S.C. 1539); or
``(ii) a natural communities conservation
plan approved by the State.''.
SEC. 504. TRIBAL USES AND INTERESTS.
Section 705 of the California Desert Protection Act is 1994 (16
U.S.C. 410aaa-75) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by striking subsection (a) and inserting the following:
``(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).
``(b) Temporary Closure.--
``(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, area
of critical environmental concern, 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.''; and
(3) by adding at the end the following:
``(d) Tribal Cultural Resources Management Plan.--
``(1) In general.--Not later than 2 years after the date of
enactment of the California Desert Protection and Recreation
Act of 2019, the Secretary 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--
``(A) each of--
``(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;
``(B) the Advisory Council on Historic
Preservation; and
``(C) the State Historic Preservation Offices of
Nevada, Arizona, and California.
``(3) Resource protection.--The Tribal cultural resources
management plan developed under paragraph (1) shall--
``(A) be 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) chapter 2003 of title 54, United
States Code;
``(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.).
``(e) 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 land laws;
``(2) location, entry, and patent under the mining laws;
and
``(3) right-of-way leasing and disposition under all laws
relating to minerals or solar, wind, or geothermal energy.''.
SEC. 505. RELEASE OF FEDERAL REVERSIONARY LAND INTERESTS.
(a) Definitions.--In this section:
(1) 1932 act.--The term ``1932 Act'' means the Act of June
18, 1932 (47 Stat. 324, chapter 270).
(2) District.--The term ``District'' means the Metropolitan
Water District of Southern California.
(b) Release.--Subject to valid existing claims perfected prior to
the effective date of the 1932 Act and the reservation of minerals set
forth in the 1932 Act, the Secretary shall release, convey, or
otherwise quitclaim to the District, in a form recordable in local
county records, and subject to the approval of the District, after
consultation and without monetary consideration, all right, title, and
remaining interest of the United States in and to the land that was
conveyed to the District pursuant to the 1932 Act or any other law
authorizing conveyance subject to restrictions or reversionary
interests retained by the United States, on request by the District.
(c) Terms and Conditions.--A conveyance authorized by subsection
(b) shall be subject to the following terms and conditions:
(1) The District shall cover, or reimburse the Secretary
for, the costs incurred by the Secretary to make the
conveyance, including title searches, surveys, deed
preparation, attorneys' fees, and similar expenses.
(2) By accepting the conveyances, the District agrees to
indemnify and hold harmless the United States with regard to
any boundary dispute relating to any parcel conveyed under this
section.
SEC. 506. CALIFORNIA STATE SCHOOL LAND.
Section 707 of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-77) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``Upon request of the
California State Lands Commission (hereinafter
in this section referred to as the
`Commission'), the Secretary shall enter into
negotiations for an agreement'' and inserting
the following:
``(1) In general.--The Secretary shall negotiate in good
faith to reach an agreement with the California State Lands
Commission (referred to in this section as the `Commission')'';
and
(ii) by inserting ``, national monuments,
off-highway vehicle recreation areas,'' after
``more of the wilderness areas''; and
(B) in the second sentence, by striking ``The
Secretary shall negotiate in good faith to'' and
inserting the following:
``(2) Agreement.--To the maximum extent practicable, not
later than 10 years after the date of enactment of this title,
the Secretary shall''; and
(2) in subsection (b)(1), by inserting ``, national
monuments, off-highway vehicle recreation areas,'' after
``wilderness areas''.
SEC. 507. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Amargosa River, California.--Section 3(a)(196)(A) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as
follows:
``(A) The approximately 7.5-mile segment of the
Amargosa River in the State of California, the private
property boundary in sec. 19, T. 22 N., R. 7 E., to 100
feet upstream of the Tecopa Hot Springs Road crossing,
to be administered by the Secretary of the Interior as
a scenic river.''.
(b) Additional Segments.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(214) 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 S., 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.
``(215) 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., San
Bernardino Meridian, 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., San Bernardino
Meridian, 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.
``(216) 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., San Bernardino Meridian, 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., San Bernardino Meridian,
to the section line between sections 33 and 34, T. 1
S., R. 2 E., San Bernardino Meridian, 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., San Bernardino Meridian,
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 3.6-mile segment of the main stem of the
Whitewater River from the San Gorgonio Wilderness
boundary to .25 miles upstream of the southern boundary
of section 35, T. 2 S., R. 3 E., San Bernardino
Meridian, as a recreational river.''.
SEC. 508. CONFORMING AMENDMENTS.
(a) Short Title.--Section 1 of the California Desert Protection Act
of 1994 (16 U.S.C. 410aaa note; Public Law 103-433) 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 and XIV''.
(b) Definitions.--The California Desert Protection Act of 1994
(Public Law 103-433; 108 Stat. 4471) is amended by inserting after
section 2 the following:
``SEC. 3. DEFINITIONS.
``(a) Titles I Through IX.--In titles I through IX, the term `this
Act' means only--
``(1) sections 1 and 2; and
``(2) titles I through IX.
``(b) Titles XIII and XIV.--In titles XIII and XIV:
``(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.''.
SEC. 509. JUNIPER FLATS.
The California Desert Protection Act of 1994 is amended by striking
section 711 (16 U.S.C. 410aaa-81) and inserting the following:
``SEC. 711. JUNIPER FLATS.
``Development of renewable energy generation facilities (excluding
rights-of-way or facilities for the transmission of energy and
telecommunication facilities and infrastructure) is prohibited on the
approximately 27,990 acres of Federal land generally depicted as `BLM
Land Unavailable for Energy Development' on the map entitled `Juniper
Flats' and dated November 7, 2018.''.
SEC. 510. CONFORMING AMENDMENTS TO 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;
Public Law 103-433) is amended by inserting ``, special management
areas, off-highway vehicle recreation areas, scenic 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--
(1) in subsection (a), by inserting ``, scenic areas, off-
highway vehicle recreation areas, or special management areas''
before ``designated by this Act'';
(2) in subsection (b), by inserting ``, scenic areas, off-
highway vehicle recreation areas, or special management areas''
before ``designated by this Act''; and
(3) 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. 511. DESERT TORTOISE CONSERVATION CENTER.
(a) In General.--The Secretary shall establish, operate, and
maintain a trans-State desert tortoise conservation center (referred to
in this section as the ``Center'') on public land along the California-
Nevada border--
(1) to support desert tortoise research, disease
monitoring, handling training, rehabilitation, and
reintroduction;
(2) to provide temporary quarters for animals collected
from authorized salvage from renewable energy sites; and
(3) to ensure the full recovery and ongoing survival of the
species.
(b) Center.--In carrying out this section, the Secretary shall--
(1) seek the participation of or contract with qualified
organizations with expertise in desert tortoise disease
research and experience with desert tortoise translocation
techniques, and scientific training of professional biologists
for handling tortoises, to staff and manage the Center;
(2) ensure that the Center engages in public outreach and
education on tortoise handling; and
(3) consult with the State and the State of Nevada to
ensure that the Center is operated consistent with State law.
(c) Non-Federal Contributions.--The Secretary may accept and expend
contributions of non-Federal funds to establish, operate, and maintain
the Center.
<all>
California Desert Protection and Recreation Act of 2019
#376 | HR Congress #116
Policy Area: Public Lands and Natural Resources
Subjects: Air qualityAlternative and renewable resourcesAnimal protection and human-animal relationshipsCaliforniaEducation programs fundingElectric power generation and transmissionElementary and secondary educationEndangered and threatened speciesFiresForests, forestry, treesGovernment buildings, facilities, and propertyGovernment information and archivesHistorical and cultural resourcesIndian lands and resources rightsLand transfersLand use and conservationLivestockMedical researchMining
Last Action: Referred to the Subcommittee for Indigenous Peoples of the United States. (2/5/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text