I 

112TH CONGRESS 

2D SESSION H. R. 4109 

To designate additional National Forest System land in the Los Padres 

National Forest in the State of California as wilderness, to make certain 

wild and scenic river designations in that National Forest, to designate 

the Condor Ridge Scenic Area, to address off highway vehicle use in 

that National Forest, to facilitate a land exchange with the United 

Water Conservation District of California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 29, 2012 

Mr. GALLEGLY introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate additional National Forest System land in the 

Los Padres National Forest in the State of California 

as wilderness, to make certain wild and scenic river designations in that National Forest, to designate the Condor Ridge Scenic Area, to address off highway vehicle 

use in that National Forest, to facilitate a land exchange 

with the United Water Conservation District of California, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

3 ‘‘Los Padres Conservation and Recreation Act of 2012’’. 

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

5 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings, purpose, recreational opportunities and access, and effect on 

existing uses. 

Sec. 4. False surveys within the National Forest. 

TITLE I—ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 

SYSTEM 

Sec. 101. Designation of wilderness, Los Padres National Forest. 

Sec. 102. Administration. 

TITLE II—ADDITIONS TO NATIONAL WILD AND SCENIC RIVER 

SYSTEM 

Sec. 201. Designation of wild and scenic rivers. 

TITLE III—CONDOR RIDGE SCENIC AREA 

Sec. 301. Condor Ridge Scenic Area, Los Padres National Forest. 

Sec. 302. Administration. 

TITLE IV—OFF HIGHWAY VEHICLE USE 

Sec. 401. Designation of roads and trails for off highway vehicle use. 

Sec. 402. Designation of off highway vehicle areas. 

Sec. 403. Construction of new trails. 

TITLE V—LAND EXCHANGE 

Sec. 501. Short title. 

Sec. 502. Land exchange, Los Padres National Forest. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) NATIONAL FOREST.—The term ‘‘National 

9 Forest’’ means the Los Padres National Forest in 

10 the State of California. 

11 (2) OVERVIEW MAP.—The term ‘‘overview 

12 map’’ means the map entitled ‘‘Wilderness, Scenic 


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1 Area, OHV Area and Route Proposal-Los Padres 

2 Conservation and Recreation Act, 2012’’, which was 

3 created February 27, 2012, by Forest Service, Re4 gion 5 Geospatial Services and is available for in5 spection at the Pacific Southwest Regional Office in 

6 Vallejo, California. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Agriculture. 

9 SEC. 3. FINDINGS, PURPOSE, RECREATIONAL OPPORTUNI10 TIES AND ACCESS, AND EFFECT ON EXISTING 

11 USES. 

12 (a) FINDINGS.—Congress makes the following find13 ings: 

14 (1) The Los Padres National Forest contains 

15 important recreational, ecological, and scenic values, 

16 and provides opportunities for a wide array of rec17 reational activities, including fishing, hiking, hunt18 ing, the use of motorized vehicles, camping, rock 

19 hounding, mountain biking, sport shooting, and na20 ture observation. 

21 (2) The wilderness and wild and scenic river 

22 designations made by this Act have been carefully 

23 reviewed to ensure that the designations will not ad24 versely affect motorized vehicle access to the Na25 tional Forest. 


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1 (3) This Act will protect important recreational 

2 opportunities within the National Forest through the 

3 establishment of recreation areas, wilderness areas, 

4 and other measures. 

5 (4) The wilderness areas, scenic area, and wild 

6 and scenic rivers established by this Act have out7 standing ecological, recreational, and scenic values 

8 and will provide important benefits to communities 

9 surrounding the National Forest. 

10 (5) This Act will not affect use of motorized ve11 hicles on current legal routes, as established by the 

12 Los Padres National Forest Motor Vehicle Use 

13 Maps. 

14 (6) This Act will not affect current, legal ac15 cess, as established by the Los Padres National For16 est, for rockhounding within the National Forest. 

17 (b) PURPOSE.—The purpose of this Act is to con18 serve, protect, and enhance the outstanding recreational, 

19 ecological, scenic, archaeological, cultural, historic, and 

20 other resources of the Los Padres National Forest in the 

21 State of California. 

22 (c) RECREATIONAL OPPORTUNITIES AND VALUES.— 

23 (1) RECREATIONAL OPPORTUNITIES.—It is the 

24 intent of Congress that the Secretary of Agriculture 


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1 should maintain diverse recreational opportunities 

2 within the National Forest. 

3 (2) RECREATIONAL VALUES.—It is the intent of 

4 Congress that there should be no net loss of rec5 reational values, including (but not limited to) mo6 torized recreation, in the National Forest. 

7 (d) ACCESS FOR PERSONS WITH DISABILITY.—The 

8 Secretary shall endeavor to expand access to the National 

9 Forest to all people, including people with disabilities. 

10 (e) TRAIL CONSTRUCTION, MAINTENANCE, AND RE11 PAIR.—It is the sense of Congress that, with respect to 

12 the National Forest, the Secretary should fully utilize ex13 isting partnership authorities— 

14 (1) to construct the trails required by section 

15 403; and 

16 (2) to maintain and repair roads and trails (in17 cluding maintenance and repair to prevent the need 

18 to close a road or trail for disrepair) for off highway 

19 vehicles. 

20 SEC. 4. FALSE SURVEYS WITHIN THE NATIONAL FOREST. 

21 The Secretary of Agriculture shall endeavor to cor22 rect all incorrect land surveys involving lands located in 

23 the Los Padres National Forest. 


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1 TITLE I—ADDITIONS TO NA2 TIONAL WILDERNESS PRES3 ERVATION SYSTEM 

4 SEC. 101. DESIGNATION OF WILDERNESS, LOS PADRES NA5 TIONAL FOREST. 

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

7 the Wilderness Act (16 U.S.C. 1131 et seq.), the following 

8 National Forest System lands in the State of California 

9 administered as part of the Los Padres National Forest 

10 are designated as wilderness and as additions to existing 

11 components of the National Wilderness Preservation Sys12 tem: 

13 (1) Certain National Forest System lands com14 prising approximately 1,878 acres, as generally de15 picted as the ‘‘Proposed Additions to Dick Smith 

16 Wilderness—East’’ on the overview map and ap17 proximately 32,676 acres, as generally depicted as 

18 the ‘‘Proposed Additions to Dick Smith Wilderness 

19 Additions—South & West’’ on the overview map, 

20 which are added to and shall be administered as 

21 part of the Dick Smith Wilderness designated by 

22 section 101(a)(6) of the California Wilderness Act of 

23 1984 (Public Law 98–425; 98 Stat. 1620). 

24 (2) Certain National Forest System lands com25 prising approximately 15,382 acres, as generally deVerDate Mar 15 2010 03:25 Mar 01, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4109.IH H4109

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1 picted as the ‘‘Proposed Additions to Matilija Wil2 derness Additions—North & East’’ on the overview 

3 map, which are added to and shall be administered 

4 as part of the Matilija Wilderness designated by sec5 tion 2(2) of Public Law 102–301 (106 Stat. 242). 

6 (3) Certain National Forest System lands com7 prising approximately 4,926 acres, as generally de8 picted as the ‘‘Proposed Additions to Sespe Wilder9 ness Additions—North’’ on the overview map and 

10 approximately 8,714 acres, as generally depicted as 

11 the ‘‘Proposed Additions to Sespe Wilderness Addi12 tions—West’’ on the overview map, which are added 

13 to and shall be administered as part of the Sespe 

14 Wilderness designated by section 2(1) of Public Law 

15 102–301 (106 Stat. 242). 

16 (b) MAPS AND LEGAL DESCRIPTIONS.— 

17 (1) FILING.—The Secretary of Agriculture shall 

18 file the overview map and a map and a legal descrip19 tion of each wilderness area expanded by this section 

20 with— 

21 (A) the Committee on Energy and Natural 

22 Resources of the Senate; and 

23 (B) the Committee on Natural Resources 

24 of the House of Representatives. 


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1 (2) FORCE OF LAW; CORRECTIONS.—The over2 view map and the maps and legal descriptions filed 

3 under paragraph (1) shall have the same force and 

4 effect as if included in this section, except that the 

5 Secretary may correct any technical errors in the 

6 maps and legal descriptions. 

7 (3) PUBLIC AVAILABILITY.—The overview map 

8 and the maps and legal descriptions filed under 

9 paragraph (1) shall be on file and available for pub10 lic inspection in the appropriate offices of the Forest 

11 Service. 

12 (c) ROADWAY SETBACK.—In preparing the maps and 

13 legal descriptions required by subsection (b), the Secretary 

14 shall ensure that there is a setback of at least 1,000 feet 

15 from the center-line of California State Route 33 to the 

16 boundary of the land designated as wilderness by this sec17 tion. 

18 SEC. 102. ADMINISTRATION. 

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

20 the land designated as wilderness by this title shall be ad21 ministered by the Secretary of Agriculture in accordance 

22 with the Wilderness Act (16 U.S.C. 1131 et seq.), except 

23 that, with respect to such land, any reference in the Wil24 derness Act to the effective date of the Wilderness Act 


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1 shall be considered to be a reference to the date of the 

2 enactment of this Act. 

3 (b) INCORPORATION OF ACQUIRED LAND AND IN4 TERESTS.—Any land within the boundary of a wilderness 

5 area expanded by this title that is acquired by the United 

6 States shall— 

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

8 the land is located; 

9 (2) be managed in accordance with this Act and 

10 any other applicable law; and 

11 (3) not allow for new power to regulate wilder12 ness laws on adjoining private land. 

13 (c) BUFFER ZONES.— 

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

15 the designation of land as wilderness by this title to 

16 lead to the creation of protective perimeters or buff17 er zones beyond the border of each wilderness area 

18 expanded by this title. 

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

20 The fact that non-wilderness activities or uses can 

21 be seen or heard from land designated as wilderness 

22 by this title shall not preclude or provide the basis 

23 to regulate the activities or uses up to the boundary 

24 of each wilderness area expanded by this title. 


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1 (d) FISH AND WILDLIFE.—Nothing in this section 

2 affects the jurisdiction or responsibilities of the State of 

3 California with respect to fish and wildlife. 

4 (e) FIRE MANAGEMENT AND RELATED ACTIVI5 TIES.— 

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

7 such measures with respect to land designated as 

8 wilderness by this title, as are necessary for the pre9 vention and control of fire, insects, and diseases in 

10 accordance with section 4(d)(1) of the Wilderness 

11 Act (16 U.S.C. 1133(d)(1)) and House Report 98– 

12 40 of the 98th Congress. 

13 (2) AUTHORIZED MEASURES FOR FIRE SUP14 PRESSION AND PRESUPPRESSION.—For purposes of 

15 responding to a wildfire that threatens a community, 

16 the designation of land as wilderness by this title 

17 shall not be construed as interfering with, or pre18 venting, the use by the Secretary, the Forest Super19 visor, or a Federal Incident Commander of any mod20 ern method of fire suppression and prevention on 

21 the designated land, including methods involving the 

22 use of mechanized heavy equipment. 

23 (3) FIRE PRE-SUPPRESSION POLICY.—The Sec24 retary shall use existing authority and available re25 sources to implement fire pre-suppression activities 


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1 to reduce the risk posed to neighboring communities 

2 by wildfire and by post-wildfire hazards on the land 

3 designated as wilderness by this title. 

4 (4) PRE-SUPPRESSION ACTIVITIES.— 

5 (A) IN GENERAL.—In carrying out pre6 suppression activities on the land designated as 

7 wilderness by this title, the Secretary may use 

8 motorized equipment and mechanized transport, 

9 including chainsaws, helicopters, portable water 

10 pumps, heavy equipment, and motorized vehi11 cles. 

12 (B) IMPLEMENTATION.—Implementation 

13 of pre-suppression activities under subpara14 graph (A) shall be consistent with wilderness 

15 values and shall consider the impact of the pre16 suppression activities on wildfire management 

17 of adjacent non-Federal lands. 

18 (f) COORDINATION WITH CALIFORNIA DEPARTMENT

19 OF TRANSPORTATION.—In managing the land designated 

20 as wilderness by this title located along California State 

21 Route 33, the Secretary shall coordinate with the Cali22 fornia Department of Transportation in order to identify, 

23 and mutually agree upon, mechanisms by which the Cali24 fornia Department of Transportation can continue to 

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1 tion, especially during expedited emergency lifeline repair 

2 projects, while concurrently working to address and 

3 achieve the management goals of these wilderness designa4 tions. 

5 (g) OVERFLIGHTS.—Nothing in this Act shall pre6 clude low-level overflights of military aircraft, the designa7 tion of new units of special airspace, or the use or estab8 lishment of military flight training routes over the land 

9 designated as wilderness by this title. 

10 (h) GRAZING.—With respect to the land designated 

11 as wilderness by this title, the grazing of livestock and the 

12 maintenance of existing structures that are used for graz13 ing, in areas in which grazing is established as of the date 

14 of enactment of this Act shall be allowed to continue con15 sistent with section 4(d)(4) of the Wilderness Act (16 

16 U.S.C. 133(d)(4)) and the guidelines described in Appen17 dix A of House Report 101–405. 

18 (i) APPLICABILITY TO ENTIRE WILDERNESS

19 AREA.—The provisions of this section shall apply to the 

20 entirety of each wilderness area expanded by this title, not 

21 just to land designated as wilderness by this title. 

22 (j) PRIVATE LAND ISOLATED INSIDE NEW WILDER23 NESS ADDITIONS.—If private lands are in any way made 

24 inaccessible by motorized vehicles due to the designation 

25 of land as wilderness by this title, the lawful owner of such 


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1 property shall be allowed right of way to their property 

2 with motor vehicles in a manner to which they were accus3 tomed before the date of the enactment of this Act. 

4 TITLE II—ADDITIONS TO NA5 TIONAL WILD AND SCENIC 

6 RIVER SYSTEM 

7 SEC. 201. DESIGNATION OF WILD AND SCENIC RIVERS. 

8 Section 3(a) of the Wild and Scenic Rivers Act (16 

9 U.S.C. 1274(a)) is amended by adding at the end of the 

10 following: 

11 ‘‘(lll) UPPER PIRU CREEK, CALIFORNIA.— 

12 ‘‘(A) DESIGNATION.—Approximately 38.5 

13 miles of Upper Piru Creek from its headwaters 

14 within the Sespe Wilderness in the southwest 

15 corner of Sec 3,T6N, R22W, SBBM, to the 

16 confluence with Buck Creek, to be administered 

17 by the Secretary of Agriculture in the following 

18 classes: 

19 ‘‘(i) The approximately 5.8-mile seg20 ment from its headwaters within the Sespe 

21 Wilderness in the southwest corner of Sec22 tion 3, T6N, R22W, SBBM, to the eastern 

23 edge of Section 31, T7N, R21W, SBBM, 

24 as a wild river. 


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1 ‘‘(ii) The approximately 20.4-mile seg2 ment from the Sespe Wilderness boundary 

3 along the eastern edge of Sec 31, T7N, 

4 R21W, SBBM, to one-quarter mile below 

5 Gold Hill crossing in Sec 18, T7N, R19W, 

6 SBBM), as a scenic river. 

7 ‘‘(iii) The approximately 4.7-mile seg8 ment from one-quarter mile below Gold 

9 Hill crossing Sec 18, T7N, R19W, SBBM 

10 to the Castaic Mine located on private land 

11 in Sec 22, T7N, R19W, SBBM, as a wild 

12 river. 

13 ‘‘(iv) The approximately 7.25-mile 

14 segment from Castaic Mine located on pri15 vate land in Sec 22, T7N, R19W, SBBM, 

16 to the confluence with Buck Creek, as a 

17 scenic river. 

18 ‘‘(B) EFFECT OF DESIGNATION.—Nothing 

19 in subparagraph (A) shall affect the designated 

20 use, including motorized and mechanized vehi21 cles, of all trails adjacent to and crossing Upper 

22 Piru Creek. 

23 ‘‘(ll) UPPER SESPE CREEK, CALIFORNIA.— 

24 ‘‘(A) DESIGNATION.—Approximately 11.5 

25 miles of Upper Sespe Creek from the confluence 


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1 of Chorro Grande Canyon to the confluence of 

Rock Creek in the northwest 1 2 ⁄4 of Sec 5. T5N, 

3 R22W, SBBM, to be administered by the Sec4 retary of Agriculture in the following classes: 

5 ‘‘(i) The approximately 9.5-mile seg6 ment from the confluence of Chorro 

7 Grande Canyon to the section line dividing 

8 Sec 1, T5N, R23W, and Sec 6, T5N, 

9 R22W, SBBM, as a recreational river. 

10 ‘‘(ii) The approximately 2.0-mile seg11 ment from the section line dividing Sec 1, 

12 T5N, R23Wand Sec 6, T5N, R22W, 

13 SBBM to the confluence of Rock Creek in 

the northwest 1 14 ⁄4 of Sec 5, T5N, R22W, 

15 SBBM, as a scenic river. 

16 ‘‘(B) EFFECT OF DESIGNATION.—Nothing 

17 in subparagraph (A) shall effect the mainte18 nance, repair, or improvements of California 

19 Highway 33 by the California Department of 

20 Transportation. 

21 ‘‘(ll) MONO CREEK, CALIFORNIA.—Approxi22 mately 24.2 miles of Mono Creek from the source to 

23 the upper extent of the Mono Debris Basin in the 

24 northeast corner of Township 5 N., Range 26 W., 


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1 Section 5, SBBM, to be administered by the Sec2 retary of Agriculture in the following classes: 

3 ‘‘(A) The approximately 4.5-mile segment 

4 from the source of Mono Creek to the boundary 

5 of the Dick Smith Wilderness in Sec 28, T 7N, 

6 R25W, SBBM, as a wild river. 

7 ‘‘(B) The approximately 19.7-mile segment 

8 from the boundary of the Dick Smith Wilder9 ness to the upper extent of the Mono Debris 

10 Basin in the northeast corner of Sec 5, T5N, 

11 R26W, SBBM, as a scenic river. 

12 ‘‘(ll) INDIAN CREEK, CALIFORNIA.—Ap13 proximately 14.7 miles of Indian Creek from a point 

14 in the Dick Smith Wilderness near Bluff Camp in 

15 Sec 19, T7N, R26W, SBBM to the upstream extent 

16 of the Mono Debris Basin in the northeast corner of 

17 Sec 6, T5N, R26W, SBBM, to be administered by 

18 the Secretary of Agriculture as a wild river.’’. 

19 TITLE III—CONDOR RIDGE 

20 SCENIC AREA 

21 SEC. 301. CONDOR RIDGE SCENIC AREA, LOS PADRES NA22 TIONAL FOREST. 

23 (a) ESTABLISHMENT AND PURPOSES.— 

24 (1) ESTABLISHMENT.—Subject to valid existing 

25 rights, there is established within the Los Padres 


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1 National Forest the Condor Ridge Scenic Area (in 

2 this title referred to as the ‘‘scenic area’’). 

3 (2) AREA INCLUDED.—The scenic area shall 

4 consist of approximately 18,520 acres of National 

5 Forest System land in the Los Padres National For6 est, as generally depicted on the overview map. 

7 (3) PURPOSES.—The purposes of the scenic 

8 area are to conserve, protect, and enhance the out9 standing ecological, geological, scenic, recreational, 

10 archaeological, cultural, historic, and other resources 

11 of the scenic area. 

12 (b) MAP AND DESCRIPTION.— 

13 (1) PREPARATION AND SUBMISSION.—The Sec14 retary of Agriculture shall file a map and legal de15 scription of the scenic area with— 

16 (A) the Committee on Natural Resources 

17 of the House of Representatives; and 

18 (B) the Committee on Energy and Natural 

19 Resources of the Senate. 

20 (2) FORCE OF LAW; CORRECTIONS.—The map 

21 and legal descriptions filed under paragraph (1) 

22 shall have the same force and effect as if included 

23 in this section, except that the Secretary may correct 

24 any technical errors in the map and legal descrip25 tions. 


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

2 descriptions filed under paragraph (1) shall be on 

3 file and available for public inspection in the appro4 priate offices of the Forest Service. 

5 (c) EXISTING USES.—Nothing in this title shall af6 fect recreational uses, including roads, water developments 

7 and associated facilities, grazing, mountain bikes, hunting, 

8 rock hounding, sport shooting, camping and uses under 

9 special use authorizations in the scenic area in existence 

10 on the date of enactment of this Act. 

11 SEC. 302. ADMINISTRATION. 

12 (a) IN GENERAL.—The Secretary of Agriculture 

13 shall— 

14 (1) administer the scenic area— 

15 (A) in furtherance of the purposes of the 

16 scenic area described in section 301; and 

17 (B) in accordance with this section and 

18 any laws (including regulations) relating to the 

19 National Forest System; and 

20 (2) only allow such uses in the scenic area as 

21 are consistent with the purposes of the scenic area. 

22 (b) MOTORIZED VEHICLES.— 

23 (1) IN GENERAL.—Except in cases in which 

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1 vided in subsection (c), the use of motorized vehicles 

2 in the scenic area shall be permitted only on roads 

3 and trails designated for use by such vehicles as of 

4 the date of enactment of this Act. 

5 (2) LIMITATION.—Nothing in this section shall 

6 be construed as precluding the Secretary from clos7 ing any road, trail, or area from use for purposes of 

8 resource protection or public safety. 

9 (c) WILDFIRE OPERATIONS.—Nothing in this section 

10 prohibits the Secretary, in cooperation with other Federal, 

11 State, and local agencies, as appropriate, from conducting 

12 wildland fire operations in the scenic area, consistent with 

13 the purposes of the scenic area. 

14 (d) TRAIL MAINTENANCE.—Nothing in this section 

15 shall limit the use of motorized or mechanized equipment 

16 for the maintenance of trails within the scenic area, con17 sistent with the purposes of the scenic area. 

18 (e) MANAGEMENT PLAN.— 

19 (1) IN GENERAL.—Within three years after the 

20 date of enactment of this Act, the Secretary shall 

21 develop a comprehensive management plan for the 

22 long-term management of the scenic area. 

23 (2) ADDITIONAL REQUIREMENT.—The manage24 ment plan shall describe measures necessary to preVerDate Mar 15 2010 03:25 Mar 01, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4109.IH H4109

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1 vent the unauthorized use of motorized vehicles 

2 within the scenic area. 

3 (f) GRAZING.—The grazing of livestock in the scenic 

4 area, where established before the date of enactment of 

5 this Act, shall be permitted to continue— 

6 (1) subject to applicable law; and 

7 (2) in a manner consistent with the purposes of 

8 the scenic area. 

9 (g) WITHDRAWAL.—Subject to valid existing rights, 

10 any Federal land within the scenic area is withdrawn from 

11 all forms of— 

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

13 public land laws; and 

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

15 laws. 

16 TITLE IV—OFF HIGHWAY 

17 VEHICLE USE 

18 SEC. 401. DESIGNATION OF ROADS AND TRAILS FOR OFF 

19 HIGHWAY VEHICLE USE. 

20 (a) DESIGNATION.—Except as provided in subsection 

21 (e), the following roads and trails in the Los Padres Na22 tional Forest, as generally depicted as the ‘‘Wilderness, 

23 Special Management Area, OHV Area and Route Pro24 posal’’ on the overview map are hereby added to the Motor 


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1 Vehicle Use Map for the Los Padres National Forest and 

2 are designated for the following use: 

3 (1) Forest Road 8N08 from junction with For4 est Road 8N09 south including McKinley fire trail 

5 and until junction of Forest Road 6N14 and Forest 

6 Road 9N11 shall be open to all vehicles 50 inches 

7 or less. 

8 (2) Forest Road 6N17 from junction with 

9 5N15 to junction with 6N03 Potrero Seco Road 

10 shall be open to high clearance vehicles. 

11 (3) Forest Road 5N20 connection 5N12 and 

12 5N18 shall be open to highway legal vehicles. 

13 (4) Forest Road 5N01 from junction with For14 est Roads 5N16 and 5N15 to junction with Potrero 

15 Seco Road (6N03) shall be open to high clearance 

16 vehicles. 

17 (5) Potrero Seco Road (6N03) from junction 

18 with Forest Road 5N13 to junction with Forest 

19 Road 6N17 shall be open to high clearance vehicles. 

20 (6) Ortega Trail shall be open for following 

21 uses: 

22 (A) Forest Road 6N01.1 shall be open to 

23 highway legal vehicles. 


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1 (B) Northern segment of Forest Road 

2 23W08 shall be open to vehicles 50 inches or 

3 less. 

4 (C) Southern segment of Forest Road 

5 23W08 shall be open to motorcycles only. 

6 (b) ESTABLISHMENT OF SEASONS OF USE.—The 

7 Secretary may establish such seasons of use for the protec8 tion of forest resources on the roads and trails designated 

9 by subsection (a) as the Secretary considers to be nec10 essary. 

11 (c) ENFORCEMENT.—Upon opening a road or trail 

12 designated under subsection (a), the Secretary shall de13 velop an enforcement plan to minimize resource damage 

14 and prevent intrusions into wilderness areas. 

15 (d) COMPLIANCE.—In carrying out this section, the 

16 Secretary shall comply with all laws (including regula17 tions) that apply to the National Forest System. Nothing 

18 in this section affects authority, otherwise available to the 

19 Secretary, to close or reroute trails or roads in accordance 

20 with existing law (including regulations). 

21 (e) EXCEPTION.—Nothing in this section requires the 

22 Secretary to open any road or trail that is closed to pre23 vent adverse impacts to any threatened or endangered spe24 cies that is protected under the Endangered Species Act 

25 of 1973 (16 U.S.C. 1531 et seq.). 


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1 SEC. 402. DESIGNATION OF OFF HIGHWAY VEHICLE AREAS. 

2 (a) DESIGNATION.—The following areas in the Na3 tional Forest are hereby designated as off highway vehicle 

4 areas: 

5 (1) Ballinger Canyon OHV Area, as generally 

6 depicted on the map entitled ‘‘Proposed Ballinger 

7 Canyon OHV Area-Los Padres Conservation and 

8 Recreation Act, 2012’’, which was created on Feb9 ruary 27, 2012, by Forest Service, Region 5 

10 Geospatial Services, and is available for inspection at 

11 the Pacific Southwest Regional Office in Vallejo, 

12 California. 

13 (2) Mt. Pinos OHV Area, as generally depicted 

14 on the map entitled ‘‘Proposed Mt Pinos OHV Area15 Los Padres Conservation and Recreation Act, 

16 2012’’, which was created on February 27, 2012, by 

17 Forest Service, Region 5 Geospatial Services, and is 

18 available for inspection at the Pacific Southwest Re19 gional Office in Vallejo, California. 

20 (b) PURPOSE.—The purpose of the off-highway vehi21 cle recreation areas designated under subsection (a) is to 

22 preserve and enhance the recreational opportunities (in23 cluding opportunities for off-highway vehicle recreation), 

24 while conserving the wildlife and other natural resource 

25 values of the areas. 

26 (c) MANAGEMENT.— 


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1 (1) ENFORCEMENT.—Nothing in this section 

2 affects authority, otherwise available to the Sec3 retary, to close or reroute trails or roads in accord4 ance with existing law (including regulations). 

5 (2) CONDOR PROTECTION.—If it can be dem6 onstrated to the Secretary that off highway vehicle 

7 activity has caused a decline in the local California 

8 Condor population, the Secretary may close trails 

9 within an off highway vehicle area designated by 

10 subsection (b) as the Secretary considers necessary. 

11 (3) MOTORIZED VEHICLES.—Except in cases in 

12 which motorized vehicles are needed for administra13 tive purposes, or to respond to an emergency, the 

14 use of motorized vehicles in the off highway vehicle 

15 areas designated by subsection (a) shall be permitted 

16 only on roads and trails designated for the use of 

17 motorized vehicles. 

18 (d) RECREATIONAL VALUES.—There shall be no net 

19 loss of recreational values, including off-highway vehicle 

20 recreational values, within the off-highway vehicle recre21 ation areas designated under subsection (a). 

22 SEC. 403. CONSTRUCTION OF NEW TRAILS. 

23 (a) STUDY OF FEASIBILITY AND INTEREST IN NEW

24 TRAILS.—Not later than 18 months after the date of en25 actment of this Act, but subject to the availability of funds 


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1 for this purpose, the Secretary shall conduct a study and 

2 prepare a report on the feasibility and public interest of 

3 constructing the following new trails: 

4 (1) A new trail to be known as the ‘‘Divide 

5 Peak Trail’’ from junction with Forest Road 5N12 

6 to intersection with Forest Roads 6N03 and 5N13. 

7 The trail shall be open to all motor vehicles 50 

8 inches or less in width. 

9 (2) A new trail connecting Forest Service High10 way 95 to the existing trail system in the Ballinger 

11 Canyon OHV area. The trail shall be open to all ve12 hicles 50 inches or less in width. 

13 (3) A new trail through Lockwood Valley con14 necting the Ballinger Canyon OHV area and the Mt. 

15 Pinos OHV area, from junction with Lockwood Val16 ley road through junction with Forest Road 8N40, 

17 continuing through junction with Forest Road 

18 8N06, and ending at junction with Forest Road 

19 9N09A. The trail shall be open to all vehicles 50 

20 inches or less in width. 

21 (b) CONSTRUCTION OF TRAILS.— 

22 (1) CONSTRUCTION AUTHORIZED.—Subject to 

23 paragraph (2), if the Secretary determines under 

24 subsection (a) that the construction of a trail de25 scribed in such subsection is feasible and in the pubVerDate Mar 15 2010 03:25 Mar 01, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4109.IH H4109

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1 lic interest, the Secretary may provide for the con2 struction the trail. 

3 (2) USE OF VOLUNTEER SERVICES AND CON4 TRIBUTIONS.—A trail may be constructed under this 

5 subsection only through the acceptance of volunteer 

6 services and contributions from non-Federal sources 

7 to eliminate the need for Federal expenditures to 

8 construct the trail. 

9 (3) ESTABLISHMENT OF SEASONS FOR USE.— 

10 The Secretary may establish such seasons of use for 

11 the protection of forest resources on the trails con12 structed under this subsection as the Secretary con13 siders to be necessary. 

14 (c) EFFECT.—Upon final construction and incorpora15 tion of the trail required by subsection (a)(3) into the 

16 Motor Vehicle Use Map for the Los Padres National For17 est, the Toad Springs road corridor, as generally depicted 

18 on the overview map, shall be automatically incorporated 

19 in and managed as part of the Chumash Wilderness in 

20 accordance with section 2(a)(5) of Public Law 102–301 

21 (106 Stat. 243). 

22 (d) COMPLIANCE.—In carrying out this section, the 

23 Secretary shall comply with all laws (including regula24 tions) that apply to the National Forest System. 


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1 TITLE V—LAND EXCHANGE 

2 SEC. 501. SHORT TITLE. 

3 This title may be cited as the ‘‘Los Padres National 

4 Forest Land Exchange Act’’. 

5 SEC. 502. LAND EXCHANGE, LOS PADRES NATIONAL FOR6 EST. 

7 (a) LAND EXCHANGE.—In exchange for all right, 

8 title, and interest of the United Water Conservation Dis9 trict of California (in this section referred to as the ‘‘Dis10 trict’’) in and to the lands described in subsection (b), the 

11 Secretary of Agriculture shall convey to the District all 

12 right, title, and interest of the United States in and to 

13 the National Forest System lands described in subsection 

14 (c). The conveyance of National Forest System lands 

15 under this section shall be subject to subjection (g), to 

16 valid existing rights, and to such terms, conditions, and 

17 reservations as may be required by this section or consid18 ered necessary by the Secretary. 

19 (b) LANDS TO BE CONVEYED BY DISTRICT.—The 

20 lands to be conveyed by the District under subsection (a) 

21 consist of approximately 340 acres located within Town22 ship 5 North, Range 18 West, San Bernardino Base and 

23 Meridian and are more fully described as follows: 

(1) TRACT A.—SE1⁄4NE1 24 ⁄4 of section 16 (ap25 proximately 40 acres). 


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(2) TRACT B.—NE1⁄4SE1 1 ⁄4 of section 16 (ap2 proximately 40 acres). 

(3) TRACT C.—S1⁄2SE1 3 ⁄4 of section 16 (approxi4 mately 80 acres). 

(4) TRACT D.—NE1 5 ⁄4 of section 21 (approxi6 mately 160 acres). 

(5) TRACT E.—N1⁄2SW1⁄4SW1 7 ⁄4 of section 15 

8 (approximately 20 acres). 

9 (c) LANDS TO BE CONVEYED BY SECRETARY.—The 

10 National Forest System lands to be conveyed by the Sec11 retary under subsection (a) consist of approximately 440 

12 acres located within Township 5 North, Range 18 West, 

13 San Bernardino Base and Meridian and are more fully 

14 described as follows: 

(1) TRACT 1.—E1⁄2SW1 15 ⁄4 of section 10 (ap16 proximately 80 acres). 

(2) TRACT 2.—NE1⁄4NW1 17 ⁄4 of section 15 (ap18 proximately 40 acres). 

(3) TRACT 3.—S1⁄2SW1⁄4SW1⁄4SE1 19 ⁄4 of section 

20 15 (approximately 5 acres). 

(4) TRACT 4.—N1⁄2S1⁄2S1⁄2SE1 21 ⁄4 of section 15 

22 (approximately 20 acres). 

(5) TRACT 5.—S1⁄2N1⁄2SW1⁄4SE1 23 ⁄4 of section 15 

24 (approximately 10 acres). 


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(6) TRACT 6.—N1⁄2NW1⁄4SW1⁄4SE1 1 ⁄4 of section 

2 15 (approximately 5 acres). 

(7) TRACT 7.—NW1⁄4NE1⁄4SW1⁄4SE1 3 ⁄4 of sec4 tion 15 (approximately 2.5 acres). 

(8) TRACT 8.—S1⁄2NW1⁄4SE1⁄4SE1 5 ⁄4 of section 

6 15 (approximately 5 acres). 

(9) TRACT 9.—SW1⁄4NE1⁄4SE1⁄4SE1 7 ⁄4 of section 

8 15 (approximately 2.5 acres). 

(10) TRACT 10.—W1⁄2W1⁄2NW1⁄4SE1 9 ⁄4 of sec10 tion 15 (approximately 10 acres). 

(11) TRACT 11.—SE1⁄4SW1⁄4NW1⁄4SE1 11 ⁄4 of sec12 tion 15 (approximately 2.5 acres). 

(12) TRACT 12.—SW1⁄4SE1⁄4NW1⁄4SE1 13 ⁄4 of sec14 tion 15 (approximately 2.5 acres). 

(13) TRACT 13.—W1⁄2W1⁄2SW1⁄4NE1 15 ⁄4 of sec16 tion 15 (approximately 10 acres). 

(14) TRACT 14.—SW1⁄4SW1⁄4NE1 17 ⁄4 of section 

18 22 (approximately 10 acres). 

(15) TRACT 15.—NW1⁄4NW1⁄4NW1⁄4NE1 19 ⁄4 of 

20 section 22 (approximately 2.5 acres). 

(16) TRACT 16.—SW1⁄4NW1⁄4SW1⁄4NE1 21 ⁄4 of 

22 section 22 (approximately 2.5 acres). 

(17) TRACT 17.—W1⁄2NW1⁄4SE1 23 ⁄4 of section 22 

24 (approximately 20 acres). 


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(18) TRACT 18.—SW1⁄4SE1 1 ⁄4 of section 22 (ap2 proximately 40 acres). 

(19) TRACT 19.—E1⁄2SW1 3 ⁄4 of section 22 (ap4 proximately 80 acres). 

(20) TRACT 20.—N1⁄2NW1⁄4SW1 5 ⁄4 of section 22 

6 (approximately 20 acres). 

(21) TRACT 21.—W1⁄2NE1 7 ⁄4 of section 27 (ap8 proximately 60 acres). 

(22) TRACT 22.—NE1⁄4SW1⁄4NW1 9 ⁄4 of section 

10 27 (approximately 10 acres). 

11 (d) IMPLEMENTATION OF LAND EXCHANGE.— 

12 (1) MAPS; PUBLIC AVAILABILITY.—The lands to 

13 be exchanged under this section are depicted as the 

14 ‘‘Los Padres National Forest Land Exchange’’ on 

15 the overview map. The map shall be on file and 

16 available for public inspection in appropriate offices 

17 of the Forest Service until completion of the land ex18 change. The Secretary may also correct errors in the 

19 map or the accompanying legal descriptions. 

20 (2) MODIFICATION OF STATUTORY TERMS OF

21 EXCHANGE.—By mutual agreement to facilitate the 

22 land exchange under this section, the Secretary and 

23 the District may make de minimis changes to tracts 

24 of land involved in the land exchange or adjust the 

25 legal descriptions specified in subsections (b) and (c) 


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1 and the boundaries depicted on the overview map 

2 based upon the environmental analysis conducted 

3 and public input obtained in complying with the Na4 tional Environmental Policy Act of 1969 (42 U.S.C. 

5 4331 et seq.). 

6 (3) PRIORITY FOR COMPLETION.—The Sec7 retary shall make the land exchange under this sec8 tion a priority by endeavoring to complete the land 

9 exchange within two years after the date of the en10 actment of this Act. 

11 (4) ADMINISTRATIVE COSTS.—The District 

12 shall pay the costs of conducting the land exchange 

13 under this section, including the costs incurred for 

14 environmental analysis, survey, mapping, appraisals, 

15 closing costs, recording fees, and similar expendi16 tures, but not including the costs of staff salaries, 

17 administrative overhead, attorney fees, the cost of 

18 construction required by subsection (e)(2), or the 

19 costs to cure any title defects. 

20 (5) TITLE STANDARDS.—The Secretary shall 

21 require that title to the District lands to be acquired 

22 by the Secretary under this section is in conformity 

23 with the title standards of the Attorney General. 

24 (e) EASEMENTS AND ACCESS.— 


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1 (1) RESERVATION.—In the conveyance of the 

2 National Forest System lands under this section, the 

3 Secretary shall reserve easements for all roads and 

4 trails that the Secretary considers to be necessary or 

5 desirable to provide for administrative purposes and 

6 to ensure public access to National Forest System 

7 lands and shall reserve perpetual unrestricted rights 

8 of pedestrian and equestrian access over all existing 

9 roads and trails. 

10 (2) CONSTRUCTION OF PARKING LOT.—As a 

11 condition on the receipt of National Forest System 

12 lands under this section, the District shall agree to 

13 construct a gravel parking area upon District lands 

14 to provide access to the Potholes trail of the Los Pa15 dres National Forest. The site design for the park16 ing area shall be subject to the approval by the Sec17 retary. The District may reasonably regulate vehic18 ular access to the parking area in accordance with 

19 rules and regulations promulgated in accordance 

20 with applicable law. 

21 (f) PARTIAL REVOCATION OF WITHDRAWALS.—The 

22 public lands withdrawals provided by the Act of May 29, 

23 1928 (Chapter 868; 45 Stat. 956), Power Site Classifica24 tion No. 414–USGS, June 22, 1951, FERC Power 

25 Project No. 2153, January 15, 1957, and Forest Service 


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1 Land Order No. 3338, February 28, 1964, are hereby re2 voked insofar as they effect the National Forest System 

3 lands conveyed under this section. 

4 (g) WATER RIGHTS.—The land exchange under this 

5 section does not include any water rights owned by the 

6 District or the United States. 

7 (h) EQUAL VALUE EXCHANGE.— 

8 (1) APPRAISAL.—Subject to paragraph (2), the 

9 land exchange under this section shall be conducted 

10 on an equal value basis, as determined by the ap11 praisal done in conformity with the Uniform Ap12 praisal Standards for Federal Lands Standards for 

13 Acquisition and Forest Service appraisal instruc14 tions. 

15 (2) CASH EQUALIZATION.—If the value of the 

16 lands to be conveyed by the District under sub17 section (a) is less than the value of the lands to be 

18 conveyed by the Secretary, the values of the lands 

19 may be equalized through the payment by the Dis20 trict of a cash equalization payment. The amount of 

21 the cash equalization payment paid by the District 

22 may exceed the statutory limit specified in section 

23 206 of the Federal Land Policy and Management 

24 Act of 1976 (43 U.S.C. 1716). The Secretary may 

25 not make a cash equalization payment. 


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1 (3) DEPOSIT OF PROCEEDS.—Any cash equali2 zation payment or other proceeds received by the 

3 Secretary as a result of the land exchange under this 

4 section shall be deposited in the general fund of the 

5 Treasury. 

6 (i) MANAGEMENT OF ACQUIRED LANDS.—For pur7 poses of section 7 of the Land and Water Conservation 

8 Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of 

9 the Los Padres National Forest, as adjusted as a result 

10 of the land exchange under this section, shall be consid11 ered to be the boundaries of that national forest as of Jan12 uary 1, 1965. The District lands acquired by the Secretary 

13 under this section shall be added to and administered as 

14 part of the Los Padres National Forest in accordance with 

15 the laws and regulations applicable to that national forest. 

16 (j) EFFECT OF EXCHANGE.—The District shall com17 ply with all applicable requirements of the Endangered 

18 Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to 

19 the land conveyed to it under this section. 

Æ 


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