[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1109 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1109
To establish as a unit of the National Park System the San Gabriel
National Recreation Area in the State of California, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2019
Ms. Harris (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish as a unit of the National Park System the San Gabriel
National Recreation Area in the State of California, 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 ``San Gabriel
Mountains Foothills and Rivers Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of State.
TITLE I--SAN GABRIEL NATIONAL RECREATION AREA
Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. San Gabriel National Recreation Area.
Sec. 104. Management.
Sec. 105. Acquisition of non-Federal land within recreation area.
Sec. 106. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 107. San Gabriel National Recreation Area Public Advisory Council.
Sec. 108. San Gabriel National Recreation Area Partnership.
Sec. 109. Visitor services and facilities.
TITLE II--SAN GABRIEL MOUNTAINS
Sec. 201. Definitions.
Sec. 202. National monument boundary modification.
Sec. 203. Designation of wilderness areas and additions.
Sec. 204. Administration of wilderness areas and additions.
Sec. 205. Designation of wild and scenic rivers.
Sec. 206. Water rights.
SEC. 2. DEFINITION OF STATE.
In this Act, the term ``State'' means the State of California.
TITLE I--SAN GABRIEL NATIONAL RECREATION AREA
SEC. 101. PURPOSES.
The purposes of this title are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and appreciation
for, the natural and cultural resources of the Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration with
the State and political subdivisions of the State, historical,
business, cultural, civic, recreational, tourism and other
nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 102. DEFINITIONS.
In this title:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 107(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the
Secretary of the Interior; and
(B) lands under the jurisdiction of the Secretary
of Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 104(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 108(a).
(6) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by section
103(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Utility facility.--The term ``utility facility'' means
electric substations, communication facilities, towers, poles,
and lines, ground wires, communication circuits, and other
structures, and related infrastructure.
(9) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation works,
including debris protection facilities, sediment placement
sites, rain gauges and stream gauges, water quality facilities,
recycled water facilities and water pumping, conveyance
distribution systems, and water treatment facilities,
aqueducts, canals, ditches, pipelines, wells, hydropower
projects, and transmission and other ancillary facilities,
groundwater recharge facilities, water conservation, water
filtration plants, and other water diversion, conservation,
groundwater recharge, storage, and carriage structures.
SEC. 103. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing rights,
there is established as a unit of the National Park System in the State
the San Gabriel National Recreation Area, which shall consist of
approximately 51,107 acres of Federal land and interests in land in the
State depicted as the ``Proposed San Gabriel Mountains National
Recreation Area'' on the map entitled ``San Gabriel Mountains National
Recreation Area and National Monument Expansion Proposal'' and dated
October 5, 2015.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the Recreation 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 description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical or typographical error in the map or legal
description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary, acting
through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this title
transfers administration jurisdiction of such Federal lands
from the Secretary of Defense or otherwise affects Federal
lands under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this title
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State, a
political subdivision of the State, or any State or local
agency under any applicable Federal, State, or local law
(including regulations).
SEC. 104. MANAGEMENT.
(a) National Park System.--Subject to valid existing rights, the
Secretary shall manage the public lands included in the Recreation Area
in a manner that protects and enhances the natural resources and values
of the public lands, in accordance with--
(1) this title;
(2) the National Park Service Organic Act (16 U.S.C. 1 et
seq.);
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law (including regulations).
(b) Cooperation With Secretary of Defense.--The Secretary shall
cooperate with the Secretary of Defense to develop opportunities for
the management of the Federal land under the jurisdiction of the
Secretary of Defense included in the Recreation Area in accordance with
the purposes described in section 101, to the maximum extent
practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this title--
(A) authorizes the Secretary to take any action
that would affect the use of any land not owned by the
United States within the Recreation Area;
(B) affects the use of, or access to, any non-
Federal land within the Recreation Area;
(C) modifies any provision of Federal, State, or
local law with respect to public access to, or use of,
non-Federal land;
(D) requires any owner of non-Federal land to allow
public access (including Federal, State, or local
government access) to private property or any other
non-Federal land;
(E) alters any duly adopted land use regulation,
approved land use plan, or any other regulatory
authority of any State or local agency or unit of
Tribal government;
(F) creates any liability, or affects any liability
under any other law, of any private property owner or
other owner of non-Federal land with respect to any
person injured on the private property or other non-
Federal land;
(G) conveys to the Partnership any land use or
other regulatory authority;
(H) shall be construed to cause any Federal, State,
or local regulation or permit requirement intended to
apply to units of the National Park System to affect
the Federal lands under the jurisdiction of the
Secretary of Defense or non-Federal lands within the
boundaries of the recreation area; or
(I) requires any local government to participate in
any program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this title.
(3) Buffer zones.--
(A) In general.--Nothing in this title establishes
any protective perimeter or buffer zone around the
Recreation Area.
(B) Activities or uses up to boundaries.--The fact
that an activity or use of land can be seen or heard
from within the Recreation Area shall not preclude the
activity or land use up to the boundary of the
Recreation Area.
(4) Facilities.--Nothing in this title affects the
operation, maintenance, modification, construction, or
expansion of any water resource facility or any solid waste,
sanitary sewer, water or waste-water treatment, groundwater
recharge or conservation, hydroelectric, conveyance
distribution system, recycled water facility, or utility
facility located within or adjacent to the recreation area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of
enactment of this Act, the Secretary and the Advisory Council
shall establish a comprehensive management plan for the
Recreation Area that supports the purposes described in section
101.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the Secretary
may incorporate any provision of a land use or other plan
applicable to the public lands included in the Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
109(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the partnership. To
the maximum extent practicable, the Secretary shall incorporate
recommendations of the partnership into the management plan if
the Secretary determines that the recommendations are feasible
and consistent with the purposes in section 101, this title,
and applicable laws (including regulations).
(e) Fish and Wildlife.--Nothing in this title affects the
jurisdiction of the State with respect to fish or wildlife located on
public lands in the State.
SEC. 105. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land section, the Secretary shall make a
determination that the land contains important biological,
cultural, historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this title
authorizes the use of eminent domain to acquire land or an interest in
land.
(c) Treatment of Acquired Land.--Any land or interest in land
acquired by the United States within the boundaries of the Recreation
Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this title; and
(B) other applicable laws (including regulations).
SEC. 106. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC ROADS;
UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this title--
(1) shall affect the use or allocation, as in existence on
the date of enactment of this Act, of any water, water right,
or interest in water (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, groundwater, and a public trust interest);
(2) shall affect any public or private contract in
existence on the date of enactment of this Act for the sale,
lease, or loan of any water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored water,
surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of enactment of this
Act;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by any
public entity or other persons or entities, on or before the
date of enactment of this Act;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the management
of the San Gabriel River watershed and basin, to provide water
supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project, as
described in the report of the Chief of Engineers dated June
30, 1992, including any supplement or addendum to that report,
or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster or public agency pursuant to any Federal or State
law, water right, or adjudication, including any action
relating to water conservation, water quality, surface water
diversion or impoundment, groundwater recharge, water
treatment, conservation or storage of water, pollution, waste
discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, repair, location, or relocation of any well;
pipeline; or water pumping, treatment, diversion, impoundment,
or storage facility; or other facility or property necessary or
useful to access any water right or operate an public water
system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management or
water resource facility in the San Gabriel River watershed and
basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this title shall affects--
(A) the use, operation, maintenance, repair,
construction, reconfiguration, expansion, or
replacement of a water resource facility within or
adjacent to the Recreation Area; or
(B) access to a water resource facility within or
adjacent to the Recreation Area.
(2) No effect on new water resource facilities.--Nothing in
this title shall precludes the establishment of a new water
resource facility (including instream sites, routes, and areas)
within the Recreation Area if the water resource facility is
necessary to preserve or enhance the health, safety, water
supply, or utility services to residents of Los Angeles County.
(3) Flood control.--Nothing in this title shall be
construed to--
(A) impose any new restriction or requirement on
flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality
operations; or
(B) increase the liability of an agency carrying
out flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality
operations.
(4) Diversion or use of water.--Nothing in this title shall
authorizes or requires the use of water in, or the diversion of
water to, the Recreation Area.
(c) Utility Facilities and Rights of Way.--Nothing in this title
shall--
(1) affect the use, operation, maintenance, repair,
construction, reconfiguration, expansion, inspection, renewal,
reconstruction, alteration, addition, relocation, improvement,
removal, or replacement of a utility facility or appurtenant
right-of-way within or adjacent to the Recreation Area;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area if such a facility or right-of-way
is necessary for public health and safety, electricity supply,
or other utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means
any paved road or bridge (including any appurtenant
structure and right-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to vehicular use by the
public; or
(II) used by a public agency or utility for
the operation, maintenance, repair,
construction, or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(B) Public transit.--The term ``public transit''
means any transit service (including operations and
rights-of-way) that is--
(i) operated or maintained by a non-Federal
entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor
for the operation, maintenance, repair,
construction, or rehabilitation of
infrastructure, a utility facility, or a right-
of-way.
(2) No effect on public roads or public transit.--Nothing
in this title--
(A) authorizes the Secretary to take any action
that would affect the operation, maintenance, repair,
or rehabilitation of public roads or public transit
(including activities necessary to comply with Federal
or State safety or public transit standards); or
(B) creates any new liability, or increases any
existing liability, of an owner or operator of a public
road.
SEC. 107. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish an advisory
council, to be known as the ``San Gabriel National Recreation Area
Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the Secretary
regarding the development and implementation of the management plan and
the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22 members,
to be appointed by the Secretary after taking into consideration
recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the Recreation
Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, water agencies, wastewater and sewer
agencies, recycled water facilities, and water replenishment
entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(f) Quorum.--A quorum shall be ten members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(g) Chairperson; Procedures.--The Advisory Council shall elect a
chairperson and establish such rules and procedures as the advisory
council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory Council
shall serve without pay.
(i) Termination.--The Advisory Council shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 108. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a partnership, to be known
as the ``San Gabriel National Recreation Area Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this title; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within the
Recreation Area.
(c) Membership.--The Partnership shall include the following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
(A) the California Department of Parks and
Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat Preservation
Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local land
conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood Control
District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water Association.
(12) One designee of the Six Basins Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation Authority.
(15) One designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section 101, the
Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 109(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that
recognize, protect, and enhance important resource
values within the Recreation Area;
(B) establishing and maintaining interpretive
exhibits and programs within the Recreation Area;
(C) developing recreational and educational
opportunities in the Recreation Area in accordance with
the purposes of this title;
(D) increasing public awareness of, and
appreciation for, natural, historic, scenic, and
cultural resources of the Recreation Area;
(E) ensuring that signs identifying points of
public access and sites of interest are posted
throughout the Recreation Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance
the purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area
takes into consideration--
(i) local ordinances and land-use plans;
and
(ii) adjacent residents and property
owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this title.
(e) Authorities.--Subject to approval by the Secretary, for the
purposes of preparing and implementing the management plan, the
Partnership may use Federal funds made available under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area;
and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of the
member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was made.
(g) Quorum.--A quorum shall be eleven members of the partnership.
The operations of the partnership shall not be impaired by the fact
that a member has not yet been appointed as long as a quorum has been
attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--A member of the Partnership
shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this title.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership, on
a reimbursable or nonreimbursable basis, such technical and
financial assistance as the Secretary determines to be
appropriate to carry out this title.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
title.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the
administration of the Recreation Area, the Secretary is
authorized, subject to valid existing rights, to
construct administrative or visitor use facilities on
land owned by a non-profit organization, local agency,
or other public entity.
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the
non-Federal land; and
(ii) in accordance with applicable Federal,
State, and local laws (including regulations)
and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic,
cultural, and scenic resources of the Recreation Area;
and
(B) provide educational, interpretive, and
recreational opportunities consistent with the purposes
of the Recreation Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 109. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall
develop and carry out an integrated visitor services
plan for the Recreation Area in accordance with this
paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future
visitation to the Recreation Area, including
recreation destinations;
(ii) consider the demand for various types
of recreation (including hiking, picnicking,
horseback riding, and the use of motorized and
mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on
natural and cultural resources, water resource
facilities, public roads, adjacent residents
and property owners, and utilities within the
recreation area, as well as the effectiveness
of current enforcement and efforts;
(iv) assess the current level of
interpretive and educational services and
facilities;
(v) include recommendations to--
(I) expand opportunities for high-
demand recreational activities, in
accordance with the purposes described
in section 101;
(II) better manage Recreation Area
resources and improve the experience of
Recreation Area visitors through
expanded interpretive and educational
services and facilities, and improved
enforcement; and
(III) better manage Recreation Area
resources to reduce negative impacts on
the environment, ecology, and
integrated water management activities
in the Recreation Area;
(vi) in coordination and consultation with
affected owners of non-Federal land, assess
options to incorporate recreational
opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the
purposes and uses of the non-Federal
land; and
(II) with the consent of the non-
Federal landowner;
(vii) assess opportunities to provide
recreational opportunities that connect with
adjacent National Forest System land; and
(viii) be developed and carried out in
accordance with applicable Federal, State, and
local laws and ordinances.
(C) Consultation.--In developing the visitor
services plan, the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local
agencies; and
(IV) interested nongovernmental
organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State, and
local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds, property, in-kind contributions, and services to carry
out this title.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of enactment of this Act through
the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this title, the
Secretary may make grants to, or enter into cooperative agreements
with, units of State, Tribal, and local governments and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the management of, and visitation
to, the Recreation Area.
TITLE II--SAN GABRIEL MOUNTAINS
SEC. 201. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 203(a).
SEC. 202. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The Secretary shall modify the boundaries of the
San Gabriel Mountains National Monument in the State to include the
approximately 109,143 acres of additional National Forest System land
depicted as the ``Proposed National Monument Expansion'' on the map
entitled ``San Gabriel Mountains National Recreation Area and National
Monument Expansion Proposal'' and dated October 5, 2015.
(b) Administration.--On inclusion of the National Forest System
land described in subsection (a), the Secretary shall administer that
land as part of the San Gabriel Mountains National Monument in
accordance with the laws generally applicable to the Monument.
(1) Within 3 years after the date of enactment of this Act,
the Secretary shall consult with State and local governments
and the interested public to update the existing San Gabriel
Mountains National Monument Plan to incorporate and provide
management direction and protection for the lands added to the
Monument.
SEC. 203. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following parcels of National Forest System land in
the State are designated as wilderness and as components of the
National Wilderness Preservation System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,417 acres,
as generally depicted on the map entitled ``Condor Peak
Wilderness--Proposed'' and dated _____, which shall be known as
the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately 2,027
acres, as generally depicted on the map entitled ``San Gabriel
Wilderness Additions'' and dated _____, which is incorporated
in, and considered to be a part of, the San Gabriel Wilderness
designated by Public Law 90-318 (16 U.S.C. 1132 note; 82 Stat.
131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,851 acres, as generally depicted on the map entitled ``Sheep
Mountain Wilderness Additions'' and dated _____, which is
incorporated in, and considered to be a part of, the Sheep
Mountain Wilderness designated by section 101(a)(29) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,774 acres,
as generally depicted on the map entitled ``Yerba Buena
Wilderness--Proposed'' and dated _____, which shall be known as
the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the wilderness areas and additions 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 description 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 or typographical error in the map or legal
description.
(3) Public availability.--The 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.
SEC. 204. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the wilderness
areas and additions shall be administered by the Secretary in
accordance with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
that Act shall be considered to be a reference to the date of enactment
of this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 203 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend, as applicable, any local
fire management plan that applies to a wilderness area or
addition designated in section 203.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area or
addition, 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.
(c) Grazing.--The grazing of livestock in a wilderness area or
addition, if established before the date of enactment of this Act,
shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibility of the State with
respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management
activity that are necessary to maintain or restore fish
or wildlife populations or habitats in the wilderness
areas and wilderness additions, if the management
activities are--
(i) consistent with relevant wilderness
management plans; and
(ii) conducted in accordance with
appropriate policies, such as the policies
established in Appendix B of the report of the
Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under
subparagraph (A) may include the occasional and
temporary use of motorized vehicles, if the use, as
determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife
populations that would enhance wilderness values while
causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and appropriate policies (such as the
policies established in Appendix B of House Report 101-
405), the State may use aircraft (including
helicopters) in a wilderness area or addition to
survey, capture, transplant, monitor, or provide water
for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 202 to lead to the creation of protective perimeters or
buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 202 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this Act precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by section
202;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 202; or
(3) the use or establishment of a military flight training
routes over the wilderness areas or wilderness additions
designated by section 202.
(g) Horses.--Nothing in this title precludes horseback riding in,
or the entry of recreational or commercial saddle or pack stock into,
an area designated as a wilderness area or wilderness addition by
section 202--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this title precludes any law
enforcement or drug interdiction effort within the wilderness areas or
wilderness additions designated by section 2 in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the wilderness
areas and additions designated by section 202 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area or addition that is acquired by the
United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in a wilderness area or addition if
the Secretary determines that the facilities and access to the
facilities is essential to a flood warning, flood control, or water
reservoir operation activity.
SEC. 205. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--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:
``(231) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of
the Prairie Fork and Vincent Gulch to 100 yards
upstream of the Heaton Flats trailhead and day use
area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream
of the Heaton Flats trailhead and day use area to 100
yards upstream of the confluence with Williams Canyon,
as a recreational river.
``(232) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of the
confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a recreational
river.
``(233) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles
downstream of its source near Red Box Gap in sec. 14,
T. 2 N., R. 12 W., to the confluence with the unnamed
tributary 0.25 miles downstream of the power lines in
sec. 22, T. 2 N., R. 11 W., as a recreational river.
``(B) The 1.6-mile segment of the West Fork from
0.25 miles downstream of the powerlines in sec. 22, T.
2 N., R. 11 W., to the confluence with Bobcat Canyon,
as a wild river.
``(234) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards
upstream of the confluence with the South Fork Little
Rock Creek, as a wild river.
``(B) The 6.6-mile segment from 100 yards upstream
of the confluence with the South Fork Little Rock Creek
to the confluence with Santiago Canyon, as a
recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek
from 0.25 miles downstream of Highway 2 to 100 yards
downstream of Cooper Canyon Campground, as a scenic
river.
``(D) The 1.3-mile segment of Cooper Canyon Creek
from 100 yards downstream of Cooper Canyon Campground
to the confluence with Little Rock Creek, as a wild
river.
``(E) The 1-mile segment of Buckhorn Creek from 100
yards downstream of the Buckhorn Campground to its
confluence with Cooper Canyon Creek, as a wild
river.''.
(b) Water Resource Facilities and Water Use.--
(1) Water resource facilities.--
(A) Definitions.--In this section, the term ``water
resource facility'' means--
(i) irrigation and pumping facilities, dams
and reservoirs, flood control facilities, water
conservation works, including debris protection
facilities, sediment placement sites, rain
gauges and stream gauges, water quality
facilities, recycled water pumping, conveyance
distribution systems, and treatment facilities,
aqueducts, canals, ditches, pipelines, wells,
hydropower projects, and transmission and other
ancillary facilities; and
(ii) other water diversion, storage, and
carriage structures.
(B) No effect on existing water resource
facilities.--Nothing in this section shall alter,
modify, or affect--
(i) the use, operation, maintenance,
repair, construction, reconfiguration,
expansion, or replacement of a water resource
facility downstream of a wild and scenic river
segment designated by this section, provided
that the physical structures of such facilities
or reservoirs shall not be located within the
river areas designated in this section; or
(ii) access to a water resource facility
downstream of a wild and scenic river segment
designated by this section.
(C) No effect on new water resource facilities.--
Nothing in this section shall preclude the
establishment of a new water resource facilities
(including instream sites, routes, and areas)
downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive
instream use only within the segments designated by this
section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
SEC. 206. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this Act, and no action to
implement this Act--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of water
use pursuant to existing water rights held by the United
States, with respect to the land designated as a wilderness
area or wilderness addition by section 202 or land adjacent to
the wild and scenic river segments designated by the amendment
made by section 204;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of enactment of
this Act, including any water rights held by the United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, or action made pursuant to, any
other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with applicable
procedural and substantive requirements of the law of the State in
order to obtain and hold any water rights not in existence on the date
of enactment of this Act with respect to the wilderness areas and
wilderness additions designated by section 202, and the wild and scenic
rivers designated by amendment made by section 204.
<all>
San Gabriel Mountains Foothills and Rivers Protection Act
#1109 | S Congress #116
Policy Area: Public Lands and Natural Resources
Last Action: Read twice and referred to the Committee on Energy and Natural Resources. (4/10/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text