TH ST CONGRESS SESSION H. R. 1865 - Library of … 114TH CONGRESS 1ST SESSION H. R. 1865 To designate certain Federal lands in California as wilderness, and for other purposes. IN

I

114TH CONGRESS 1ST SESSION H. R. 1865

To designate certain Federal lands in California as wilderness, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 16, 2015

Mrs. CAPPS (for herself, Mr. FARR, and Ms. BROWNLEY of California) intro-

duced the following bill; which was referred to the Committee on Natural

Resources

A BILL To designate certain Federal lands in California as

wilderness, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Central Coast Heritage Protection Act’’. 5

(b) TABLE OF CONTENTS.—The table of contents for 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Designation of wilderness.

Sec. 4. Designation of the Machesna Mountain Potential Wilderness.

Sec. 5. Administration of wilderness.

Sec. 6. Designation of wild and scenic rivers.

VerDate Sep 11 2014 21:56 Apr 24, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H1865.IH H1865mst

ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

2

•HR 1865 IH

Sec. 7. Designation of the Fox Mountain Potential Wilderness.

Sec. 8. Designation of scenic areas.

Sec. 9. Condor National Recreation Trail.

Sec. 10. Forest Service study.

Sec. 11. Nonmotorized recreation opportunities.

Sec. 12. Use by members of Native American tribes.

SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) SCENIC AREAS.—The term ‘‘scenic areas’’ 3

means the Condor Ridge Scenic Area and Black 4

Mountain Scenic Area designated by this Act. 5

(2) SECRETARY.—The term ‘‘Secretary’’ 6

means— 7

(A) with respect to lands managed by the 8

Bureau of Land Management, the Secretary of 9

the Interior; and 10

(B) with respect to lands managed by the 11

Forest Service, the Secretary of Agriculture. 12

(3) STATE.—The term ‘‘State’’ means the State 13

of California. 14

SEC. 3. DESIGNATION OF WILDERNESS. 15

(a) IN GENERAL.—In accordance with the Wilderness 16

Act (16 U.S.C. 1131 et seq.), the following areas in the 17

State are designated as wilderness areas and as compo-18

nents of the National Wilderness Preservation System: 19

(1) Certain land in the Bakersfield Field Office 20

of the Bureau of Land Management comprising ap-21

proximately 35,619 acres, as generally depicted on 22


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

3

•HR 1865 IH

the map entitled ‘‘Caliente Mountain Wilderness 1

Area—Proposed’’ and dated lll, which shall be 2

known as the ‘‘Caliente Mountain Wilderness’’. 3




the map entitled ‘‘Soda Lake Wilderness Area—Pro-7

posed’’ and dated lll, which shall be known as 8

the ‘‘Soda Lake Wilderness’’. 9




the map entitled ‘‘Temblor Range Wilderness 13

Area—Proposed’’ and dated lll, which shall be 14

known as the ‘‘Temblor Range Wilderness’’. 15

(4) Certain land in the Los Padres National 16

Forest comprising approximately 23,524 acres, as 17

generally depicted on the map entitled ‘‘Chumash 18

Wilderness Area Additions—Proposed’’ and dated 19

lll, which shall be incorporated into and man-20

aged as part of the Chumash Wilderness as des-21

ignated by the Los Padres Condor Range and River 22

Protection Act (Public Law 102–301; 106 Stat. 23

242). 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

4

•HR 1865 IH



generally depicted on the map entitled ‘‘Dick Smith 3



aged as part of the Dick Smith Wilderness as des-6

ignated by the California Wilderness Act of 1984 7

(Public Law 98–425; 16 U.S.C. 1132 note). 8


Forest and the Bakersfield Field Office of the Bu-10

reau of Land Management comprising approximately 11

7,315 acres, as generally depicted on the map enti-12

tled ‘‘Garcia Wilderness Area Additions—Proposed’’ 13

and dated lll, which shall be incorporated into 14

and managed as part of the Garcia Wilderness as 15

designated by the Los Padres Condor Range and 16

River Protection Act (Public Law 102–301; 106 17

Stat. 242). 18


Forest and the Bakersfield Field Office of the Bu-20

reau of Land Management comprising approximately 21

8,081 acres, as generally depicted on the map enti-22

tled ‘‘Machesna Mountain Wilderness Area Addi-23

tions—Proposed’’ and dated lll, which shall be 24

incorporated into and managed as part of the 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

5

•HR 1865 IH

Machesna Mountain Wilderness as designated by the 1

California Wilderness Act of 1984 (Public Law 98– 2

425; 16 U.S.C. 1132 note). 3



generally depicted on the map entitled ‘‘Matilija Wil-6

derness Area Additions—Proposed’’ and dated 7


aged as part of the Matilija Wilderness as des-9

ignated by the Los Padres Condor Range and River 10

Protection Act (Public Law 102–301; 106 Stat. 11

242). 12



generally depicted on the map entitled ‘‘San Rafael 15



aged as part of the San Rafael Wilderness as des-18

ignated by Public Law 90–271 (82 Stat. 51), the 19

California Wilderness Act of 1984 (Public Law 98– 20

425; 16 U.S.C. 1132 note), and the Los Padres 21

Condor Range and River Protection Act (Public Law 22

102–301; 106 Stat. 242). 23




ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

6

•HR 1865 IH

generally depicted on the map entitled ‘‘Santa Lucia 1



aged as part of the Santa Lucia Wilderness as des-4

ignated by the Endangered American Wilderness Act 5

of 1978 (Public Law 95–237; 16 U.S.C. 1132 note). 6



generally depicted on the map entitled ‘‘Sespe Wil-9

derness Area Additions—Proposed’’ and dated 10


aged as part of the Sespe Wilderness as designated 12

by the Los Padres Condor Range and River Protec-13

tion Act (Public Law 102–301; 106 Stat. 242). 14



generally depicted on the map entitled ‘‘Diablo 17

Caliente Wilderness Area—Proposed’’ and dated 18

llll, which shall be known as the ‘‘Diablo 19

Caliente Wilderness’’. 20

(b) MAPS AND LEGAL DESCRIPTIONS.— 21

(1) IN GENERAL.—As soon as practicable after 22

the date of the enactment of this Act, the Secretary 23

shall file maps and legal descriptions of the wilder-24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

7

•HR 1865 IH

ness areas and wilderness additions designated by 1

subsection (a) with— 2

(A) the Committee on Natural Resources 3

of the House of Representatives; and 4

(B) the Committee on Energy and Natural 5

Resources of the Senate. 6

(2) FORCE OF LAW.—The maps and legal de-7

scriptions filed under paragraph (1) shall have the 8

same force and effect as if included in this Act, ex-9

cept that the Secretary may correct any clerical and 10

typographical errors in the map and legal descrip-11

tion. 12

(3) PUBLIC AVAILABILITY.—The maps and 13

legal descriptions filed under paragraph (1) shall be 14

on file and available for public inspection in the ap-15

propriate offices of the Forest Service and Bureau 16

of Land Management. 17

SEC. 4. DESIGNATION OF THE MACHESNA MOUNTAIN PO-18

TENTIAL WILDERNESS. 19

(a) DESIGNATION.—In furtherance of the purposes of 20

the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 21

in the Los Padres National Forest comprising approxi-22

mately 2,174 acres, as generally depicted on the map enti-23

tled ‘‘Machesna Mountain Potential Wilderness Area’’ and 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

8

•HR 1865 IH

dated lllll, is designated as the Machesna Moun-1

tain Potential Wilderness Area. 2

(b) MAP AND LEGAL DESCRIPTION.— 3



shall file a map and a legal description of the 6

Machesna Mountain Potential Wilderness Area (re-7

ferred to in this section as the ‘‘potential wilderness 8

area’’) with— 9





(2) FORCE OF LAW.—The map and legal de-14

scription filed under paragraph (1) shall have the 15


cept that the Secretary may correct any clerical and 17

typographical errors in the map and legal descrip-18

tion. 19

(3) PUBLIC AVAILABILITY.—The map and legal 20

description filed under paragraph (1) shall be on file 21

and available for public inspection in the appropriate 22

offices of the Forest Service. 23

(c) MANAGEMENT.—Except as provided in subsection 24

(d) and subject to valid existing rights, the Secretary shall 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

9

•HR 1865 IH

manage the potential wilderness area in accordance with 1

the Wilderness Act (16 U.S.C. 1131 et seq.). 2

(d) TRAIL USE, CONSTRUCTION, RECONSTRUCTION, 3

AND REALIGNMENT.— 4

(1) IN GENERAL.—In accordance with para-5

graph (2), the Secretary is authorized to recon-6

struct, realign, or reroute the Pine Mountain Trail. 7

(2) REQUIREMENT.—In carrying out the recon-8

struction, realignment, or rerouting under paragraph 9

(1), the Secretary shall— 10

(A) comply with all existing laws (including 11

regulations); and 12

(B) to the maximum extent practicable, 13

use the minimum tool or administrative practice 14

necessary to accomplish the reconstruction, re-15

alignment, or rerouting with the least amount 16

of adverse impact on wilderness character and 17

resources. 18

(3) MOTORIZED VEHICLES AND MACHINERY.— 19

In accordance with paragraph (2), the Secretary 20

may use motorized vehicles and machinery to carry 21

out the trail reconstruction, realignment, or rerout-22

ing authorized by this section. 23

(4) MOTORIZED AND MECHANIZED VEHI-24

CLES.—The Secretary may permit the use of motor-25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

10

•HR 1865 IH

ized and mechanized vehicles on the existing Pine 1

Mountain Trail in accordance with existing law (in-2

cluding regulations) and this section until such date 3

as the potential wilderness area is designated wilder-4

ness in accordance with subsection (h). 5

(e) WITHDRAWAL.—Subject to valid existing rights, 6

the Federal land in the potential wilderness area is with-7

drawn from all forms of— 8

(1) entry, appropriation, or disposal under the 9

public land laws; 10

(2) location, entry, and patent under the mining 11

laws; and 12

(3) disposition under all laws pertaining to min-13

eral and geothermal leasing or mineral materials. 14

(f) COOPERATIVE AGREEMENTS.—In carrying out 15

this section, the Secretary may enter into cooperative 16

agreements with State, tribal, and local governmental enti-17

ties and private entities to complete the trail reconstruc-18

tion, realignment, or rerouting authorized by subsection 19

(d). 20

(g) BOUNDARIES.—The Secretary shall modify the 21

boundary of the potential wilderness area to exclude any 22

area within 150 feet of the centerline of the new location 23

of any trail that has been reconstructed, realigned, or re-24

routed under subsection (d). 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

11

•HR 1865 IH

(h) WILDERNESS DESIGNATION.— 1

(1) IN GENERAL.—The potential wilderness 2

area, as modified under subsection (g), shall be des-3

ignated as wilderness and as a component of the Na-4

tional Wilderness Preservation System on the date 5

on which the Secretary publishes in the Federal 6

Register notice that the trail reconstruction, realign-7

ment, or rerouting authorized by subsection (d) has 8

been completed or 20 years after the date of the en-9

actment of this Act, whichever comes sooner. 10

(2) ADMINISTRATION OF WILDERNESS.—Upon 11

designation as wilderness under this section, the po-12

tential wilderness area shall be— 13

(A) incorporated into the Machesna Moun-14

tain Wilderness Area, as designated by the Cali-15

fornia Wilderness Act of 1984 (Public Law 98– 16

425; 16 U.S.C. 1132 note) and expanded by 17

section 3; and 18

(B) administered in accordance with sec-19

tion 5 and the Wilderness Act. 20

SEC. 5. ADMINISTRATION OF WILDERNESS. 21

(a) IN GENERAL.—Subject to valid existing rights, 22

the wilderness areas and wilderness additions designated 23

by section 3 shall be administered by the Secretary in ac-24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

12

•HR 1865 IH

cordance with this Act and the Wilderness Act (16 U.S.C. 1

1131 et seq.), except that— 2

(1) any reference in the Wilderness Act to the 3

effective date of that Act shall be considered to be 4

a reference to the date of the enactment of this Act; 5

and 6

(2) any reference in the Wilderness Act to the 7

Secretary of Agriculture shall be considered a ref-8

erence to the Secretary that has jurisdiction over the 9

land. 10

(b) FIRE MANAGEMENT AND RELATED ACTIVI-11

TIES.— 12

(1) IN GENERAL.—The Secretary may take 13

such measures in a wilderness area or wilderness ad-14

dition designated by section 3 as are necessary for 15

the control of fire, insects, and diseases in accord-16

ance with section 4(d)(1) of the Wilderness Act (16 17

U.S.C. 1133(d)(1)) and House Report 98–40 of the 18

98th Congress. 19

(2) FUNDING PRIORITIES.—Nothing in this Act 20

limits funding for fire and fuels management in the 21

wilderness areas or wilderness additions designated 22

by this Act. 23

(3) REVISION AND DEVELOPMENT OF LOCAL 24

FIRE MANAGEMENT PLANS.—As soon as practicable 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

13

•HR 1865 IH

after the date of the enactment of this Act, the Sec-1

retary shall amend the local fire management plans 2

that apply to the land designated as a wilderness 3

area or wilderness addition by section 3. 4

(4) ADMINISTRATION.—Consistent with para-5

graph (1) and other applicable Federal law, to en-6

sure a timely and efficient response to fire emer-7

gencies in the wilderness areas or wilderness addi-8

tions designated by section 3, the Secretary shall— 9

(A) not later than 1 year after the date of 10

the enactment of this Act, establish agency ap-11

proval procedures (including appropriate delega-12

tions of authority to the Forest Supervisor, Dis-13

trict Manager, or other agency officials) for re-14

sponding to fire emergencies; and 15

(B) enter into agreements with appropriate 16

State or local firefighting agencies. 17

(c) GRAZING.—The grazing of livestock in the wilder-18

ness areas and wilderness additions designated by section 19

3, if established before the date of the enactment of this 20

Act, shall be permitted to continue, subject to such reason-21

able regulations as the Secretary considers necessary in 22

accordance with— 23

(1) section 4(d)(4) of the Wilderness Act (16 24

U.S.C. 1133(d)(4)); 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

14

•HR 1865 IH

(2) the guidelines set forth in Appendix A of 1

House Report 101–405, accompanying H.R. 2570 of 2

the 101st Congress for lands under the jurisdiction 3

of the Secretary of the Interior; 4

(3) the guidelines set forth in House Report 5

96–617, accompanying H.R. 5487 of the 96th Con-6

gress for lands under the jurisdiction of the Sec-7

retary of Agriculture; and 8

(4) all other laws governing livestock grazing on 9

Federal public lands. 10

(d) FISH AND WILDLIFE.— 11

(1) IN GENERAL.—In accordance with section 12

4(d)(7) of the Wilderness Act (16 U.S.C. 13

1133(d)(7)), nothing in this Act affects the jurisdic-14

tion or responsibilities of the State with respect to 15

fish and wildlife on public land in the State. 16

(2) MANAGEMENT ACTIVITIES.—In furtherance 17

of the purposes and principles of the Wilderness Act 18

(16 U.S.C. 1131 et seq.), the Secretary may conduct 19

any management activities that are necessary to 20

maintain or restore fish and wildlife populations and 21

habitats in the wilderness areas and wilderness addi-22

tions designated by section 3, if the management ac-23

tivities are— 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

15

•HR 1865 IH

(A) consistent with relevant wilderness 1

management plans; and 2

(B) conducted in accordance with appro-3

priate policies, such as the policies established 4

in Appendix B of House Report 101–405. 5

(3) WILDLIFE WATER DEVELOPMENT 6

PROJECTS.—Management activities to maintain 7

water sources for wildlife may be carried out within 8

wilderness areas designated by this Act and may in-9

clude the use of motorized vehicles by the appro-10

priate agencies and their designees if— 11

(A) the water sources will, as determined 12

by the Secretary, enhance wilderness values by 13

promoting healthy and viable wildlife popu-14

lations; and 15

(B) the visual impacts of the water sources 16

on the wilderness areas can reasonably be mini-17

mized. 18

(e) BUFFER ZONES.— 19

(1) IN GENERAL.—Congress does not intend for 20

designation of wilderness by this Act to lead to the 21

creation of protective perimeters or buffer zones 22

around each wilderness area or wilderness addition. 23

(2) ACTIVITIES OR USES UP TO BOUNDARIES.— 24

The fact that nonwilderness activities or uses can be 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

16

•HR 1865 IH

seen or heard from within a wilderness area shall 1

not, of itself, preclude the activities or uses up to the 2

boundary of the wilderness area. 3

(f) MILITARY ACTIVITIES.—Nothing in this Act pre-4

cludes— 5

(1) low-level overflights of military aircraft over 6

the wilderness areas or wilderness additions des-7

ignated by section 3; 8

(2) the designation of new units of special air-9

space over the wilderness areas or wilderness addi-10

tions designated by section 3; or 11

(3) the use or establishment of military flight 12

training routes over wilderness areas or wilderness 13

additions designated by section 3. 14

(g) HORSES.—Nothing in this Act precludes horse-15

back riding in, or the entry of recreational or commercial 16

saddle or pack stock into, a wilderness area or wilderness 17

addition designated by section 3— 18

(1) in accordance with section 4(d)(5) of the 19

Wilderness Act (16 U.S.C. 1133(d)(5)); and 20

(2) subject to any terms and conditions deter-21

mined to be necessary by the Secretary. 22

(h) WITHDRAWAL.—Subject to valid existing rights, 23

the wilderness areas and wilderness additions designated 24

by section 3 are withdrawn from— 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

17

•HR 1865 IH

(1) all forms of entry, appropriation, and dis-1

posal under the public land laws; 2


laws; and 4



(i) INCORPORATION OF ACQUIRED LAND AND INTER-7

ESTS.—Any land within the boundary of a wilderness area 8

or wilderness addition designated by section 3 that is ac-9

quired by the United States shall— 10

(1) become part of the wilderness area in which 11

the land is located; and 12

(2) be managed in accordance with this section, 13

the Wilderness Act (16 U.S.C. 1131 et seq.), and 14

any other applicable law. 15

(j) CLIMATOLOGICAL DATA COLLECTION.—In ac-16

cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 17

and subject to such terms and conditions as the Secretary 18

may prescribe, the Secretary may authorize the installa-19

tion and maintenance of hydrologic, meteorologic, or cli-20

matological collection devices in the wilderness areas and 21

wilderness additions designated by section 3 if the Sec-22

retary determines that the facilities and access to the fa-23

cilities are essential to flood warning, flood control, or 24

water reservoir operation activities. 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

18

•HR 1865 IH

SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS. 1

(a) INDIAN CREEK, MONO CREEK, AND MATILIJA 2

CREEK, CALIFORNIA.—Section 3(a) of the Wild and Sce-3

nic Rivers Act (16 U.S.C. 1274(a)) is amended by adding 4

at the end the following: 5

‘‘(ll) INDIAN CREEK, CALIFORNIA.—The fol-6

lowing segments of Indian Creek in the State of 7

California, to be administered by the Secretary of 8

Agriculture: 9

‘‘(A) The 9.5-mile segment of Indian Creek 10

from its source in section 19, T7N, R26W to 11

the Dick Smith Wilderness boundary, as a wild 12

river. 13

‘‘(B) The 1-mile segment of Indian Creek 14

from the Dick Smith Wilderness boundary to 15

0.25 miles downstream of Road 6N24, as a sce-16

nic river. 17

‘‘(C) The 3.9-mile segment of Indian Creek 18

from 0.25 miles downstream of Road 6N24 to 19

the southern boundary of section 32, T6N, 20

R26W, as a wild river. 21

‘‘(ll) MONO CREEK, CALIFORNIA.—The fol-22

lowing segments of Mono Creek in the State of Cali-23

fornia, to be administered by the Secretary of Agri-24

culture: 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

19

•HR 1865 IH

‘‘(A) The 4.2-mile segment of Mono Creek 1

from its source in section 1, T7N, R26W, to 2

0.25 miles upstream of Don Victor Fire Road 3

in section 28, T7N, R25W, as a wild river. 4

‘‘(B) The 2.1-mile segment of Mono Creek 5

from 0.25 miles upstream of the Don Victor 6

Fire Road in section 28, T7N, R25W to 0.25 7

miles downstream of Don Victor Fire Road in 8

section 34, T7N, R25W, as a recreational river. 9

‘‘(C) The 14.7-mile segment of Mono 10

Creek from 0.25 miles downstream of Don Vic-11

tor Fire Road in section 34, T7N, R25W to the 12

Ogilvy Ranch private property boundary in sec-13

tion 22, R26W, T6N, as a wild river. 14

‘‘(D) The 3.5-mile segment of Mono Creek 15

from the Ogilvy Ranch private property bound-16

ary to the southern boundary of section 33, 17

T6N, R26N, as a recreational river. 18

‘‘(ll) MATILIJA CREEK, CALIFORNIA.—The 19

following segments of Matilija Creek in the State of 20

California, to be administered by the Secretary of 21

Agriculture: 22

‘‘(A) The 7.2-mile segment of the Matilija 23

Creek from its source in section 25, T6N, 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

20

•HR 1865 IH

R25W to the private property boundary in sec-1

tion 9, T5N, R24W, as a wild river. 2

‘‘(B) The 7.25-mile segment of the Upper 3

North Fork Matilija Creek from its source in 4

section 36, T6N, R24W to the Matilija Wilder-5

ness boundary, as a wild river.’’. 6

(b) SESPE CREEK, CALIFORNIA.—Section 3(a)(142) 7

of the Wild and Scenic Rivers Act (16 U.S.C. 8

1274(a)(142)) is amended to read as follows: 9

‘‘(142) SESPE CREEK, CALIFORNIA.—The fol-10

lowing segments of Sespe Creek in the State of Cali-11


culture: 13

‘‘(A) The 2.7-mile segment of Sespe Creek 14

from the private property boundary in section 15

10, T6N, R24W, to the Hartman Ranch private 16

property boundary in section 14, T6N, R24W, 17

as a wild river. 18

‘‘(B) The 15-mile segment of Sespe Creek 19

from the Hartman Ranch private property 20

boundary in section 14, T6N, R24W, to the 21

western boundary of section 6, T5N, R22W, as 22

a recreational river. 23

‘‘(C) The 6.1-miles segment of Sespe 24

Creek from the western boundary of section 6, 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

21

•HR 1865 IH

T5N, R22W, to the confluence with Trout 1

Creek, as a scenic river. 2

‘‘(D) The 28.6-mile segment of Sespe 3

Creek from the confluence with Trout Creek to 4

the southern boundary of section 35, T5N, 5

R20W, as a wild river.’’. 6

(c) SISQUOC RIVER, CALIFORNIA.—Section 3(a)(143) 7

of the Wild and Scenic Rivers Act (16 U.S.C. 8

1274(a)(143)) is amended to read as follows: 9

‘‘(143) SISQUOC RIVER, CALIFORNIA.—The fol-10

lowing segments of the Sisquoc River and its tribu-11

taries in the State of California, to be administered 12

by the Secretary of Agriculture: 13

‘‘(A) The 33-mile segment of the main 14

stem of the Sisquoc River extending from its 15

origin downstream to the Los Padres Forest 16

boundary, as a wild river. 17

‘‘(B) The 4.2-mile segment of the South 18

Fork Sisquoc River from its source northeast of 19

San Rafael Mountain in section 2, T7N, R28W 20

to its confluence with the Sisquoc River, as a 21

wild river. 22

‘‘(C) The 10.4-mile segment of Manzana 23

Creek from its source west of San Rafael Peak 24

in section 4, T&N, R28W to the San Rafael 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

22

•HR 1865 IH

Wilderness boundary upstream of Nira Camp-1

ground, as a wild river. 2

‘‘(D) The 0.6-mile segment of Manzana 3

Creek from the San Rafael Wilderness bound-4

ary upstream of the Nira Campground to the 5

San Rafael Wilderness boundary downstream of 6

the confluence of Davy Brown Creek, as a rec-7

reational river. 8

‘‘(E) The 5.8-mile segment of Manzana 9

Creek from the San Rafael Wilderness bound-10

ary downstream of the confluence of Davy 11

Brown Creek to the private property boundary 12

in section 1, T8N, R30W, as a wild river. 13

‘‘(F) The 3.8-mile segment of Manzana 14

Creek from the private property boundary in 15

section 1, T8N, R30W, to the confluence of the 16

Sisquoc River, as a recreational river. 17

‘‘(G) The 3.4-mile segment of Davy Brown 18

Creek from its source west of Ranger Peak in 19

section 32, T8N, R29W to 300 feet upstream 20

of its confluence with Munch Canyon, as a wild 21

river. 22

‘‘(H) The 1.4-mile segment of Davy Brown 23

Creek from 300 feet upstream of its confluence 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

23

•HR 1865 IH

with Munch Canyon to its confluence with 1

Manzana Creek, as a recreational river. 2

‘‘(I) The 2-mile segment of Munch Canyon 3

from its source north of Ranger Peak in section 4

33, T8N, R29W to 300 feet upstream of its 5

confluence with Sunset Valley Creek, as a wild 6

river. 7

‘‘(J) The 0.5-mile segment of Munch Can-8

yon from 300 feet upstream of its confluence 9

with Sunset Valley Creek to its confluence with 10

Davy Brown Creek, as a recreational river. 11

‘‘(K) The 2.6-mile segment of Fish Creek 12

from 500 feet downstream of Sunset Valley 13

Road to its confluence with Manzana Creek, as 14

a wild river. 15

‘‘(L) The 1.5-mile segment of East Fork 16

Fish Creek from its source in section 26, T8N, 17

R29W to its confluence with Fish Creek, as a 18

wild river.’’. 19

(d) PIRU CREEK, CALIFORNIA.—Section 3(a)(199) of 20

the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(199)) 21

is amended to read as follows: 22

‘‘(199) PIRU CREEK, CALIFORNIA.—The fol-23

lowing segments of Piru Creek in the State of Cali-24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

24

•HR 1865 IH


culture: 2

‘‘(A) The 9.1-mile segment of Piru Creek 3

from its source in section 3, T6N, R22W, to 4

the private property boundary in section 4, 5

T6N, R21W, as a wild river. 6

‘‘(B) The 17.2-mile segment of Piru Creek 7

from the private property boundary in section 8

4, T6N, R21W, to 0.25 miles downstream of 9

the Gold Hill Road, as a scenic river. 10

‘‘(C) The 4.1-mile segment of Piru Creek 11

from 0.25 miles downstream of Gold Hill Road 12

to the confluence with Trail Canyon, as a wild 13

river. 14

‘‘(D) The 7.25-mile segment of Piru Creek 15

from the confluence with Trail Canyon to the 16

confluence with Buck Creek, as a scenic river. 17

‘‘(E) The 3-mile segment of Piru Creek 18

from 0.5 miles downstream of Pyramid Dam at 19

the first bridge crossing to the boundary of the 20

Sespe Wilderness, as a recreational river. 21

‘‘(F) The 13-mile segment of Piru Creek 22

from the boundary of the Sespe Wilderness to 23

the boundary of the Sespe Wilderness, as a wild 24

river. 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

25

•HR 1865 IH

‘‘(G) The 2.2-mile segment of Piru Creek 1

from the boundary of the Sespe Wilderness to 2

the upper limit of Piru Reservoir, as a rec-3

reational river.’’. 4

(e) EFFECT.—The designation of Piru Creek under 5

subsection (a) shall not affect valid rights in existence on 6

the date of the enactment of this Act. 7

(f) MOTORIZED USE OF TRAILS.—Nothing in this 8

section shall affect the motorized use of trails designated 9

by the Forest Service for motorized use that are located 10

adjacent to and crossing upper Piru Creek. 11

SEC. 7. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL 12

WILDERNESS. 13

(a) DESIGNATION.—In furtherance of the purposes of 14

the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 15

in the Los Padres National Forest comprising approxi-16

mately 41,617 acres, as generally depicted on the map en-17

titled ‘‘Fox Mountain Potential Wilderness Area’’ and 18

dated ll, is designated as the Fox Mountain Potential 19

Wilderness Area. 20

(b) MAP AND LEGAL DESCRIPTION.— 21



of Agriculture shall file a map and a legal descrip-24

tion of the Fox Mountain Potential Wilderness Area 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

26

•HR 1865 IH

(referred to in this section as the ‘‘potential wilder-1

ness area’’) with— 2





(2) FORCE OF LAW.—The map and legal de-7

scription filed under paragraph (1) shall have the 8


cept that the Secretary of Agriculture may correct 10

any clerical and typographical errors in the map and 11

legal description. 12

(3) PUBLIC AVAILABILITY.—The map and legal 13

description filed under paragraph (1) shall be on file 14

and available for public inspection in the appropriate 15

offices of the Forest Service. 16

(c) MANAGEMENT.—Except as provided in subsection 17

(d) and subject to valid existing rights, the Secretary shall 18

manage the potential wilderness area in accordance with 19

the Wilderness Act (16 U.S.C. 1131 et seq.). 20

(d) TRAIL USE CONSTRUCTION, RECONSTRUCTION, 21

AND REALIGNMENT.— 22

(1) IN GENERAL.—In accordance with para-23

graph (2), the Secretary of Agriculture is authorized 24

to— 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

27

•HR 1865 IH

(A) construct a new trail for use by hikers, 1

equestrians, and mechanized vehicles that con-2

nects the Aliso Park Campground to the Bull 3

Ridge Trail; and 4

(B) reconstruct or realign the— 5

(i) Bull Ridge Trail; and 6

(ii) Rocky Ridge Trail. 7

(2) REQUIREMENT.—In carrying out the con-8

struction, reconstruction, or alignment under para-9

graph (1), the Secretary shall— 10

(A) comply with all existing laws (including 11

regulations); and 12

(B) to the maximum extent practicable, 13

use the minimum tool or administrative practice 14

necessary to accomplish the construction, recon-15

struction, or alignment with the least amount of 16

adverse impact on wilderness character and re-17

sources. 18

(3) MOTORIZED VEHICLES AND MACHINERY.— 19

In accordance with paragraph (2), the Secretary 20

may use motorized vehicles and machinery to carry 21

out the trail construction, reconstruction, or realign-22

ment authorized by this section. 23

(4) MECHANIZED VEHICLES.—The Secretary 24

may permit the use of mechanized vehicles on the 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

28

•HR 1865 IH

existing Bull Ridge Trail and Rocky Ridge Trail in 1

accordance with existing law (including regulations) 2

and this section until such date as the potential wil-3

derness area is designated wilderness in accordance 4

with subsection (h). 5


the Federal land in the potential wilderness area is with-7

drawn from all forms of— 8




laws; and 12



(f) COOPERATIVE AGREEMENTS.—In carrying out 15


agreements with State, tribal, and local governmental enti-17

ties and private entities to complete the trail construction, 18

reconstruction, and realignment authorized by subsection 19

(d). 20

(g) BOUNDARIES.—The Secretary shall modify the 21

boundary of the potential wilderness area to exclude any 22

area within 50 feet of the centerline of the new location 23

of any trail that has been constructed, reconstructed, or 24

realigned under subsection (d). 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

29

•HR 1865 IH

(h) WILDERNESS DESIGNATION.— 1

(1) IN GENERAL.—The potential wilderness 2

area, as modified under subsection (g), shall be des-3

ignated as wilderness and as a component of the Na-4

tional Wilderness Preservation System on the date 5

on which the Secretary publishes in the Federal 6

Register notice that the trail construction, recon-7

struction, or alignment authorized by subsection (d) 8

has been completed or 20 years after the date of the 9

enactment of this Act, whichever comes sooner. 10

(2) ADMINISTRATION OF WILDERNESS.—Upon 11

designation as wilderness under this section, the po-12

tential wilderness area shall be— 13

(A) incorporated into the San Rafael Wil-14

derness, as designated by Public Law 90–271 15

(82 Stat. 51), the California Wilderness Act of 16

1984 (Public Law 98–425; 16 U.S.C. 1132 17

note), and the Los Padres Condor Range and 18

River Protection Act (Public Law 102–301; 106 19

Stat. 242), and section 3; and 20

(B) administered in accordance with sec-21

tion 5 and the Wilderness Act. 22

SEC. 8. DESIGNATION OF SCENIC AREAS. 23

(a) IN GENERAL.—Subject to valid existing rights, 24

there are established the following scenic areas: 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

30

•HR 1865 IH

(1) CONDOR RIDGE SCENIC AREA.—Certain 1

land in the Los Padres National Forest comprising 2

approximately 18,666 acres, as generally depicted on 3

the map entitled ‘‘Condor Ridge Scenic Area—Pro-4

posed’’ and dated lll, which shall be managed 5

as the Condor Ridge Scenic Area. 6

(2) BLACK MOUNTAIN SCENIC AREA.—Certain 7

land in the Los Padres National Forest and the Ba-8

kersfield Field Office of the Bureau of Land Man-9

agement comprising approximately 15,846 acres, as 10

generally depicted on the map entitled ‘‘Black Moun-11

tain Scenic Area—Proposed’’ and dated lll, 12

which shall be managed as the Black Mountain Sce-13

nic Area. 14

(b) MAPS AND LEGAL DESCRIPTIONS.— 15



of Agriculture shall file a map and a legal descrip-18

tion of the Condor Ridge Scenic Area and Black 19

Mountain Scenic Area with— 20






ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

31

•HR 1865 IH

(2) FORCE OF LAW.—The maps and legal de-1

scriptions filed under paragraph (1) shall have the 2


cept that the Secretary of Agriculture may correct 4

any clerical and typographical errors in the map and 5

legal description. 6

(3) PUBLIC AVAILABILITY.—The maps and 7

legal descriptions filed under paragraph (1) shall be 8

on file and available for public inspection in the ap-9

propriate offices of the Forest Service and Bureau 10

of Land Management. 11

(c) PURPOSE.—The purpose of the scenic areas is to 12

conserve, protect, and enhance for the benefit and enjoy-13

ment of present and future generations the ecological, sce-14

nic, wildlife, recreational, cultural, historical, natural, edu-15

cational, and scientific resources of the scenic areas. 16

(d) MANAGEMENT.— 17

(1) IN GENERAL.—The Secretary shall admin-18

ister the scenic areas— 19

(A) in a manner that conserves, protects, 20

and enhances the resources of the scenic areas; 21

and 22

(B) in accordance with— 23

(i) this section; 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

32

•HR 1865 IH

(ii) the Federal Land Policy and Man-1

agement Act (43 U.S.C. 1701 et seq.) for 2

lands under the jurisdiction of the Sec-3

retary of the Interior; 4

(iii) any laws (including regulations) 5

relating to the National Forest System, for 6

lands under the jurisdiction of the Sec-7

retary of Agriculture; and 8

(iv) any other applicable law (includ-9

ing regulations). 10

(2) USES.—The Secretary shall only allow such 11

uses of the scenic areas that the Secretary deter-12

mines would further the purposes described in sub-13

section (c). 14


the Federal land in the scenic areas is withdrawn from 16

all forms of— 17




laws; and 21



(f) PROHIBITED USES.—The following shall be pro-24

hibited on the Federal land within the scenic areas: 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

33

•HR 1865 IH

(1) Permanent roads. 1

(2) Permanent structures. 2

(3) Timber harvesting. 3

(4) Transmission lines. 4

(5) Except as necessary to meet the minimum 5

requirements for the administration of the scenic 6

areas and to protect public health and safety— 7

(A) the use of motorized vehicles; or 8

(B) the establishment of temporary roads. 9

(6) Commercial enterprises, except as necessary 10

for realizing the purposes of the scenic areas. 11

(g) WILDFIRE, INSECT, AND DISEASE MANAGE-12

MENT.—Consistent with this section, the Secretary may 13

take any measures in the scenic areas that the Secretary 14

determines to be necessary to control fire, insects, and dis-15

eases, including, as the Secretary determines appropriate, 16

the coordination of those activities with the State or a 17

local agency. 18

SEC. 9. CONDOR NATIONAL RECREATION TRAIL. 19

(a) PURPOSE.—The purpose of the Condor National 20

Recreation Trail is to provide a continual hiking trail cor-21

ridor spanning the entire length of the Los Padres Na-22

tional Forest along the coastal mountains of Central Cali-23

fornia. The trail is named after the California Condor, a 24

critically endangered bird species which lives along the ex-25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

34

•HR 1865 IH

tent of the Condor Trail within the National Forest. The 1

trail will traverse a diversity of geography and commu-2

nities through the southern and northern sections of the 3

Los Padres National Forest. 4

(b) AMENDMENT.—Section 5(a) the National Trails 5

System Act (16 U.S.C. 1244(a)) is amended by adding 6

the following: 7

‘‘(31) CONDOR NATIONAL RECREATION 8

TRAIL.— 9

‘‘(A) IN GENERAL.—The Condor National 10

Recreation Trail, extending approximately 11

lll miles from Lake Piru to the Botchers 12

Gap Campground in Monterey County corridor, 13

as generally depicted on the map entitled ‘Con-14

dor National Recreation Trail—Proposed’ and 15

dated llll. 16

‘‘(B) ADMINISTRATION.—The Condor Na-17

tional Recreation Trail (referred to in this sec-18

tion as the ‘trail’) shall be administered by the 19

Secretary of Agriculture, in consultation with— 20

‘‘(i) other Federal, State, tribal, re-21

gional, and local agencies; 22

‘‘(ii) private landowners; and 23

‘‘(iii) other interested organizations. 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

35

•HR 1865 IH

‘‘(C) CONTINUAL ROUTE.—In building new 1

connectors, and realigning the existing trail, the 2

Secretary shall provide for a continual route 3

through the southern and northern Los Padres 4

National Forest, promote recreational, wilder-5

ness and cultural values, enhance connectivity 6

with the overall National Forest trail system, 7

emphasize safe and continuous public access, 8

dispersal from high-use areas, and suitable 9

water sources, and, to the extent practicable, 10

provide all-year use. 11

‘‘(D) PRIVATE PROPERTY RIGHTS.— 12

‘‘(i) IN GENERAL.—No portions of the 13

trail may be located on non-Federal land 14

without the written consent of the land-15

owner. 16

‘‘(ii) PROHIBITION.—The Secretary 17

shall not acquire for the trail any land or 18

interest in land outside the exterior bound-19

ary of any federally managed area without 20

the consent of the owner of land or interest 21

in land. 22

‘‘(iii) EFFECT.—Nothing in this sec-23

tion— 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

36

•HR 1865 IH

‘‘(I) requires any private prop-1

erty owner to allow public access (in-2

cluding Federal, State, or local gov-3

ernment access) to private property; 4

or 5

‘‘(II) modifies any provision of 6

Federal, State, or local law with re-7

spect to public access to or use of pri-8

vate land. 9

‘‘(E) MAP.—The map referred to in sub-10

paragraph (A) shall be on file and available for 11

public inspection in the appropriate offices of 12

the Forest Service. 13

‘‘(F) STUDY.— 14

‘‘(i) STUDY REQUIRED.—Not later 15

than 3 years after the date of the enact-16

ment of this paragraph, the Secretary of 17

Agriculture shall submit to the Committee 18

on Natural Resources of the House of Rep-19

resentatives and Committee on Energy and 20

Natural Resources of the Senate a study 21

that describes the feasibility of, and alter-22

natives for, connecting the northern and 23

southern portions of the Los Padres Na-24

tional Forest using a trail corridor across 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

37

•HR 1865 IH

the applicable portions of the Northern 1

and Southern Santa Lucia Mountains of 2

the Southern California Coastal Range. 3

‘‘(ii) ADDITIONAL REQUIREMENT.—In 4

completing the study required by clause 5

(i), the Secretary of Agriculture shall con-6

sult with— 7

‘‘(I) appropriate Federal, State, 8

tribal, regional, and local agencies; 9

‘‘(II) private landowners; 10

‘‘(III) nongovernmental organiza-11

tions; and 12

‘‘(IV) members of the public.’’. 13

(c) COOPERATIVE AGREEMENTS.—In carrying out 14


agreements with State, tribal, and local government enti-16

tles and private entities to complete needed trail construc-17

tion, reconstruction, and realignment projects authorized 18

by this section. 19

SEC. 10. FOREST SERVICE STUDY. 20

Not later than 3 years after the date of the enact-21

ment of this Act, the Forest Service shall study the feasi-22

bility of opening a new trail, for vehicles measuring 50 23

inches or less, connecting Forest Service Highway 95 to 24


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

38

•HR 1865 IH

the existing off-highway vehicle trail system in the 1

Ballinger Canyon off-highway vehicle area. 2

SEC. 11. NONMOTORIZED RECREATION OPPORTUNITIES. 3

Not later than 2 years after the date of the enact-4

ment of this Act, the Secretary of Agriculture, in consulta-5

tion with interested parties, shall conduct a study to im-6

prove nonmotorized recreation trail opportunities (includ-7

ing mountain bicycling) on land not designated as wilder-8

ness within the Santa Barbara, Ojai, and Mt. Pinos rang-9

er districts. 10

SEC. 12. USE BY MEMBERS OF NATIVE AMERICAN TRIBES. 11

(a) ACCESS.—The Secretary shall ensure that Indian 12

tribes have access, in accordance with the Wilderness Act 13

(16 U.S.C. 1131 et seq.), to the wilderness areas, scenic 14

areas, and potential wilderness areas designated by this 15

Act for traditional cultural and religious purposes.’’. 16

(b) TEMPORARY CLOSURES.— 17

(1) IN GENERAL.—In carrying out this sub-18

section, the Secretary, on request of an Indian tribe, 19

may temporarily close to the general public 1 or 20

more specific portions of a wilderness area, scenic 21

area, and potential wilderness area designated by 22

this Act to protect the privacy of the members of the 23

Indian tribe in the conduct of traditional cultural 24

and religious activities. 25


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

39

•HR 1865 IH

(2) REQUIREMENT.—Any closure under para-1

graph (1) shall be— 2

(A) made in such a manner as to affect 3

the smallest practicable area for the minimum 4

period of time necessary for the activity to be 5

carried out; and 6

(B) be consistent with the purpose and in-7

tent of Public Law 95–341 (42 U.S.C. 1996), 8

commonly referred to as the American Indian 9

Religious Freedom Act, and the Wilderness Act 10

(16 U.S.C. 1131 et seq.). 11

Æ


ocks

till o

n D

SK

4VP

TV

N1P

RO

D w

ith B

ILLS

Documents

TH ST CONGRESS SESSION H. R. 1865 - Library of … 114TH CONGRESS 1ST SESSION H. R. 1865 To designate certain Federal lands in California as wilderness, and for other purposes. IN