I 

115TH CONGRESS 

1ST SESSION H. R. 857 

To provide for conservation and enhanced recreation activities in the 

California Desert Conservation Area, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2017 

Mr. COOK introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To provide for conservation and enhanced recreation activities in the California Desert Conservation Area, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘California Off-Road Recreation and Conservation Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. California Off-Road Recreation and Conservation. 

Sec. 3. Visitor center. 

Sec. 4. California State school land. 


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Sec. 5. Designation of wild and scenic rivers. 

Sec. 6. Conforming amendments. 

1 SEC. 2. CALIFORNIA OFF-ROAD RECREATION AND CON2 SERVATION. 

3 Public Law 103–433 (16 U.S.C. 410aaa et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘TITLE XIII—WILDERNESS 

6 ‘‘SEC. 1301. DESIGNATION OF WILDERNESS AREAS. 

7 ‘‘(a) DESIGNATION OF WILDERNESS AREAS TO BE

8 ADMINISTERED BY THE BUREAU OF LAND MANAGE9 MENT.—In accordance with the Wilderness Act (16 U.S.C. 

10 1131 et seq.) and sections 601 and 603 of the Federal 

11 Land Policy and Management Act of 1976 (43 U.S.C. 

12 1781, 1782), the following land in the State is designated 

13 as wilderness areas and as components of the National 

14 Wilderness Preservation System: 

15 ‘‘(1) AVAWATZ MOUNTAINS WILDERNESS.—Cer16 tain land in the Conservation Area administered by 

17 the Director of the Bureau of Land Management, 

18 comprising approximately 91,800 acres, as generally 

19 depicted on the map entitled ‘Avawatz Mountains 

20 Proposed Wilderness’ and dated June 30, 2015, to 

21 be known as the ‘Avawatz Mountains Wilderness’. 

22 ‘‘(2) GOLDEN VALLEY WILDERNESS.—Certain 

23 land in the Conservation Area administered by the 

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1 prising approximately 1,250 acres, as generally de2 picted on the map entitled ‘Golden Valley Proposed 

3 Wilderness Additions’ and dated June 22, 2015, 

4 which shall be considered to be part of the ‘Golden 

5 Valley Wilderness’. 

6 ‘‘(3) GREAT FALLS BASIN WILDERNESS.— 

7 ‘‘(A) IN GENERAL.—Certain land in the 

8 Conservation Area administered by the Director 

9 of the Bureau of Land Management, com10 prising approximately 7,870 acres, as generally 

11 depicted on the map entitled ‘Great Falls Basin 

12 Proposed Wilderness’ and dated April 29, 2015, 

13 to be known as the ‘Great Falls Basin Wilder14 ness’. 

15 ‘‘(B) LIMITATIONS.—Designation of the 

16 wilderness under subparagraph (A) shall not es17 tablish a Class I Airshed under the Clean Air 

18 Act (42 U.S.C. 7401 et seq.). 

19 ‘‘(4) KINGSTON RANGE WILDERNESS.—Certain 

20 land in the Conservation Area administered by the 

21 Bureau of Land Management, comprising approxi22 mately 53,320 acres, as generally depicted on the 

23 map entitled ‘Kingston Range Proposed Wilderness 

24 Additions’ and dated February 18, 2015, which shall 


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1 be considered to be a part of as the ‘Kingston Range 

2 Wilderness’. 

3 ‘‘(5) SODA MOUNTAINS WILDERNESS.—Certain 

4 land in the Conservation Area, administered by the 

5 Bureau of Land Management, comprising approxi6 mately 79,990 acres, as generally depicted on the 

7 map entitled ‘Soda Mountains Proposed Wilderness’ 

8 and dated February 18, 2015, to be known as the 

9 ‘Soda Mountains Wilderness’. 

10 ‘‘(b) DESIGNATION OF WILDERNESS AREAS TO BE

11 ADMINISTERED BY THE NATIONAL PARK SERVICE.—In 

12 accordance with the Wilderness Act (16 U.S.C. 1131 et 

13 seq.) and sections 601 and 603 of the Federal Land Policy 

14 and Management Act of 1976 (43 U.S.C. 1781, 1782), 

15 the following land in the State is designated as wilderness 

16 areas and as components of the National Wilderness Pres17 ervation System: 

18 ‘‘(1) DEATH VALLEY NATIONAL PARK WILDER19 NESS ADDITIONS-NORTH EUREKA VALLEY.—Certain 

20 land in the Conservation Area administered by the 

21 Director of the National Park Service, comprising 

22 approximately 11,496 acres, as generally depicted on 

23 the map entitled ‘Death Valley National Park Pro24 posed Wilderness Area-North Eureka Valley’, num25 bered 143/100,082C, and dated October 7, 2014, 


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1 which shall be considered to be a part of the Death 

2 Valley National Park Wilderness. 

3 ‘‘(2) DEATH VALLEY NATIONAL PARK WILDER4 NESS ADDITIONS-IBEX.—Certain land in the Con5 servation Area administered by the Director of the 

6 National Park Service, comprising approximately 

7 23,650 acres, as generally depicted on the map enti8 tled ‘Death Valley National Park Proposed Wilder9 ness Area-Ibex’, numbered 143/100,081C, and dated 

10 October 7, 2014, which shall be considered to be a 

11 part of the Death Valley National Park Wilderness. 

12 ‘‘(3) DEATH VALLEY NATIONAL PARK WILDER13 NESS ADDITIONS-PANAMINT VALLEY.—Certain land 

14 in the Conservation Area administered by the Direc15 tor of the National Park Service, comprising ap16 proximately 4,807 acres, as generally depicted on the 

17 map entitled ‘Death Valley National Park Proposed 

18 Wilderness Area-Panamint Valley’, numbered 143/ 

19 100,083C, and dated October 7, 2014, which shall 

20 be considered to be a part of the Death Valley Na21 tional Park Wilderness. 

22 ‘‘(4) DEATH VALLEY NATIONAL PARK WILDER23 NESS ADDITIONS-WARM SPRINGS.—Certain land in 

24 the Conservation Area administered by the Director 

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1 mately 10,485 acres, as generally depicted on the 

2 map entitled ‘Death Valley National Park Proposed 

3 Wilderness Area-Warm Spring Canyon/Galena Can4 yon’, numbered 143/100,084C, and dated October 7, 

5 2014, which shall be considered to be a part of the 

6 Death Valley National Park Wilderness. 

7 ‘‘(5) DEATH VALLEY NATIONAL PARK WILDER8 NESS ADDITIONS-AXE HEAD.—Certain land in the 

9 Conservation Area administered by the Director of 

10 the National Park Service, comprising approximately 

11 8,638 acres, as generally depicted on the map enti12 tled ‘Death Valley National Park Proposed Wilder13 ness Area-Axe Head’, numbered 143/100,085C, and 

14 dated October 7, 2014, which shall be considered to 

15 be a part of the Death Valley National Park Wilder16 ness. 

17 ‘‘(6) DEATH VALLEY NATIONAL PARK WILDER18 NESS ADDITIONS-BOWLING ALLEY.—Certain land in 

19 the Conservation Area administered by the Director 

20 of the Bureau of Land Management, comprising ap21 proximately 28,923 acres, as generally depicted on 

22 the map entitled ‘Death Valley National Park Pro23 posed Wilderness Area-Bowling Alley’, numbered 

24 143/128,606, and dated May 14, 2015, which shall 


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1 be considered to be a part of the Death Valley Na2 tional Park Wilderness. 

3 ‘‘(c) DESIGNATION OF WILDERNESS AREA TO BE

4 ADMINISTERED BY THE FOREST SERVICE.— 

5 ‘‘(1) IN GENERAL.—In accordance with the Wil6 derness Act (16 U.S.C. 1131 et seq.), the land in 

7 the State described in paragraph (2) is designated 

8 as a wilderness area and as a component of the Na9 tional Wilderness Preservation System. 

10 ‘‘(2) DESCRIPTION OF LAND.—The land re11 ferred to in paragraph (1) is certain land in the San 

12 Bernardino National Forest, comprising approxi13 mately 7,141 acres, as generally depicted on the 

14 map entitled ‘San Gorgonio Proposed Wilderness 

15 Expansion,’ dated November 2, 2016, which shall 

16 considered to be a part of the San Gorgonio Wilder17 ness. 

18 ‘‘(3) FIRE MANAGEMENT AND RELATED ACTIVI19 TIES.— 

20 ‘‘(A) IN GENERAL.—The Secretary may 

21 carry out such activities in the wilderness area 

22 designated by paragraph (1) as are necessary 

23 for the control of fire, insects, and disease, in 

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1 ness Act (16 U.S.C. 1133(d)(1)) and House 

2 Report 98–40 of the 98th Congress. 

3 ‘‘(B) FUNDING PRIORITIES.—Nothing in 

4 this subsection limits the provision of any fund5 ing for fire or fuel management in the wilder6 ness area designated by paragraph (1). 

7 ‘‘(C) REVISION AND DEVELOPMENT OF

8 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

9 practicable after the date of enactment of this 

10 title, the Secretary shall amend the local fire 

11 management plans that apply to the wilderness 

12 area designated by paragraph (1). 

13 ‘‘(D) ADMINISTRATION.—In accordance 

14 with subparagraph (A) and other applicable 

15 Federal law, to ensure a timely and efficient re16 sponse to fire emergencies in the wilderness 

17 area designated by paragraph (1), the Secretary 

18 shall— 

19 ‘‘(i) not later than 1 year after the 

20 date of enactment of this title, establish 

21 agency approval procedures (including ap22 propriate delegations of authority to the 

23 Forest Supervisor, District Manager, or 

24 other agency officials) for responding to 


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1 fire emergencies in the wilderness area des2 ignated by paragraph (1); and 

3 ‘‘(ii) enter into agreements with ap4 propriate State or local firefighting agen5 cies relating to that wilderness area. 

6 ‘‘SEC. 1302. MANAGEMENT. 

7 ‘‘(a) ADJACENT MANAGEMENT.— 

8 ‘‘(1) IN GENERAL.—Nothing in this title creates 

9 any protective perimeter or buffer zone around the 

10 wilderness areas designated by section 1301. 

11 ‘‘(2) ACTIVITIES OUTSIDE WILDERNESS

12 AREAS.— 

13 ‘‘(A) IN GENERAL.—The fact that an ac14 tivity (including military activities) or use on 

15 land outside a wilderness area designated by 

16 section 1301 can be seen or heard within the 

17 wilderness area shall not preclude or restrict 

18 the activity or use outside the boundary of the 

19 wilderness area. 

20 ‘‘(B) EFFECT ON NONWILDERNESS ACTIVI21 TIES.— 

22 ‘‘(i) IN GENERAL.—In any permitting 

23 proceeding (including a review under the 

24 National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.)) conducted 


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1 with respect to a project described in 

2 clause (ii) that is formally initiated 

3 through a notice in the Federal Register 

4 before December 31, 2013, the consider5 ation of any visual, noise, or other impacts 

6 of the project on a wilderness area des7 ignated by section 1301 shall be conducted 

8 based on the status of the area before des9 ignation as wilderness. 

10 ‘‘(ii) DESCRIPTION OF PROJECTS.—A 

11 project referred to in clause (i) is a renew12 able energy project or associated energy 

13 transport facility project— 

14 ‘‘(I) for which the Bureau of 

15 Land Management has received a 

16 right-of-way use application on or be17 fore the date of enactment of this 

18 title; and 

19 ‘‘(II) that is located outside the 

20 boundary of a wilderness area des21 ignated by section 1301. 

22 ‘‘(3) NO ADDITIONAL REGULATION.—Nothing 

23 in this title requires additional regulation of activi24 ties on land outside the boundary of the wilderness 

25 areas. 


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1 ‘‘(4) EFFECT ON MILITARY OPERATIONS.— 

2 Nothing in this title alters any authority of the Sec3 retary of Defense to conduct any military operations 

4 at desert installations, facilities, and ranges of the 

5 State that are authorized under any other provision 

6 of law. 

7 ‘‘(5) EFFECT ON UTILITY FACILITIES AND

8 RIGHTS-OF-WAY.— 

9 ‘‘(A) IN GENERAL.—Subject to paragraph 

10 (2), nothing in this title terminates or precludes 

11 the renewal or reauthorization of any valid ex12 isting right-of-way or customary operation, 

13 maintenance, repair, upgrading, or replacement 

14 activities in a right-of-way, issued, granted, or 

15 permitted to the Southern California Edison 

16 Company or predecessors, successors, or assigns 

17 of the Southern California Edison Company 

18 that is located on land included in the San 

19 Gorgonio Wilderness Area or the Sand to Snow 

20 National Monument. 

21 ‘‘(B) LIMITATION.—The activities de22 scribed in subparagraph (A) shall be conducted 

23 in a manner that minimizes the impact of the 

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1 ness Area or the Sand to Snow National Monu2 ment. 

3 ‘‘(C) APPLICABLE LAW.—In accordance 

4 with the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.), any approval re6 quired for an increase in the voltage of the 

7 Coachella distribution circuit shall require con8 sideration of alternative alignments, including 

9 alignments adjacent to State Route 62. 

10 ‘‘(b) MAPS; LEGAL DESCRIPTIONS.— 

11 ‘‘(1) IN GENERAL.—As soon as practicable 

12 after the date of enactment of this title, the Sec13 retary shall file a map and legal description of each 

14 wilderness area and wilderness addition designated 

15 by section 1301 with— 

16 ‘‘(A) the Committee on Natural Resources 

17 of the House of Representatives; and 

18 ‘‘(B) the Committee on Energy and Nat19 ural Resources of the Senate. 

20 ‘‘(2) FORCE OF LAW.—A map and legal de21 scription filed under paragraph (1) shall have the 

22 same force and effect as if included in this title, ex23 cept that the Secretary may correct errors in the 

24 maps and legal descriptions. 


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1 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

2 legal description filed under paragraph (1) shall be 

3 filed and made available for public inspection in the 

4 appropriate office of the Secretary. 

5 ‘‘(c) ADMINISTRATION.—Subject to valid existing 

6 rights, the land designated as wilderness or as a wilder7 ness addition by section 1301 shall be administered by the 

8 Secretary in accordance with this Act and the Wilderness 

9 Act (16 U.S.C. 1131 et seq.), except that any reference 

10 in that Act to the effective date shall be considered to be 

11 a reference to the date of enactment of this title. 

12 ‘‘SEC. 1303. RELEASE OF WILDERNESS STUDY AREAS. 

13 ‘‘(a) FINDING.—Congress finds that, for purposes of 

14 section 603 of the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1782), any portion of a wilderness 

16 study area described in subsection (b) that is not des17 ignated as a wilderness area or wilderness addition by sec18 tion 1301 or any other Act enacted before the date of en19 actment of this title has been adequately studied for wil20 derness. 

21 ‘‘(b) DESCRIPTION OF STUDY AREAS.—The study 

22 areas referred to in subsection (a) are— 

23 ‘‘(1) the Cady Mountains Wilderness Study 

24 Area; 


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1 ‘‘(2) the Kingston Range Wilderness Study 

2 Area; 

3 ‘‘(3) the Avawatz Mountain Wilderness Study 

4 Area; 

5 ‘‘(4) the Death Valley National Park Boundary 

6 and Wilderness 17 Wilderness Study Area; 

7 ‘‘(5) the Great Falls Basin Wilderness Study 

8 Area; and 

9 ‘‘(6) the Soda Mountains Wilderness Study 

10 Area. 

11 ‘‘(c) RELEASE.—Any portion of a wilderness study 

12 area described in subsection (b) that is not designated as 

13 a wilderness area or wilderness addition by section 1301 

14 is no longer subject to section 603(c) of the Federal Land 

15 Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 

16 ‘‘SEC. 1304. TREATMENT OF CHERRY-STEMMED ROADS. 

17 ‘‘(a) DEFINITION OF CHERRY-STEMMED ROAD.—In 

18 this section, the term ‘cherry-stemmed road’ means a road 

19 or trail that is excluded from a wilderness area or wilder20 ness addition designated by section 202 by a non-wilder21 ness corridor having designated wilderness on both sides, 

22 as generally depicted on the maps described in such sec23 tion. 


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1 ‘‘(b) PROHIBITION ON CLOSURE OR TRAVEL RE2 STRICTIONS ON CHERRY-STEMMED ROADS.—The Sec3 retary concerned shall not— 

4 ‘‘(1) close any cherry-stemmed road that is 

5 open to the public as of the date of the enactment 

6 of this Act; 

7 ‘‘(2) prohibit motorized access on a cherry8 stemmed road that is open to the public for motor9 ized access as of the date of the enactment of this 

10 Act; or 

11 ‘‘(3) prohibit mechanized access on a cherry12 stemmed road that is open to the public for mecha13 nized access as of the date of the enactment of this 

14 Act. 

15 ‘‘(c) RESOURCE PROTECTION OR PUBLIC SAFETY

16 EXCEPTIONS.—Subsection (b) shall not apply to a cherry17 stemmed road if the Secretary concerned determines that 

18 a closure or traffic restriction of the cherry-stemmed road 

19 is necessary for purposes of significant resource protection 

20 or public safety. 


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1 ‘‘TITLE XIV—NATIONAL PARK 

2 SYSTEM ADDITIONS 

3 ‘‘SEC. 1401. DEATH VALLEY NATIONAL PARK BOUNDARY RE4 VISION. 

5 ‘‘(a) IN GENERAL.—The boundary of Death Valley 

6 National Park is adjusted to include— 

7 ‘‘(1) the approximately 28,923 acres of Bureau 

8 of Land Management land in Inyo County, Cali9 fornia, abutting the southern end of the Death Val10 ley National Park that lies between Death Valley 

11 National Park to the north and Ft. Irwin Military 

12 Reservation to the south and which runs approxi13 mately 34 miles from west to east, as depicted on 

14 the map entitled ‘Death Valley National Park Pro15 posed Boundary Addition-Bowling Alley’, numbered 

16 143/128,605, and dated May 14, 2015; and 

17 ‘‘(2) the approximately 6,369 acres of Bureau 

18 of Land Management land in Inyo County, Cali19 fornia, located in the northeast area of Death Valley 

20 National Park that is within, and surrounded by, 

21 land under the jurisdiction of the Director of the 

22 National Park Service, as depicted on the map enti23 tled ‘Death Valley National Park Proposed Bound24 ary Addition-Crater’, numbered 143/100,079C, and 

25 dated October 7, 2014. 


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1 ‘‘(b) AVAILABILITY OF MAP.—The maps described in 

2 paragraphs (1) and (2) of subsection (a) shall be on file 

3 and available for public inspection in the appropriate of4 fices of the National Park Service. 

5 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte6 rior (referred to in this title as the ‘Secretary’) shall— 

7 ‘‘(1) administer any land added to Death Valley 

8 National Park under subsection (a)— 

9 ‘‘(A) as part of Death Valley National 

10 Park; and 

11 ‘‘(B) in accordance with applicable laws 

12 (including regulations); and 

13 ‘‘(2) not later than 180 days after the date of 

14 enactment of this Act, enter into a memorandum of 

15 understanding with Inyo County, California, to per16 mit operationally feasible, ongoing access and use 

17 (including, but not limited to, material storage as 

18 well as excavation) to gravel pits in existence as of 

19 that date along Saline Valley Road within Death 

20 Valley National Park for road maintenance and re21 pairs in accordance with applicable laws (including 

22 regulations). 

23 ‘‘SEC. 1402. MOJAVE NATIONAL PRESERVE. 

24 ‘‘The boundary of the Mojave National Preserve is 

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1 agement land in Baker, California, as depicted on the map 

2 entitled ‘Mojave National Preserve Proposed Boundary 

3 Addition’, numbered 170/100,199, and dated August 

4 2009. 

5 ‘‘SEC. 1403. JOSHUA TREE NATIONAL PARK BOUNDARY RE6 VISION. 

7 ‘‘(a) IN GENERAL.—The boundary of the Joshua 

8 Tree National Park is adjusted to include— 

9 ‘‘(1) the 2,879 acres of land managed by Direc10 tor of the Bureau of Land Management that are 

11 contiguous at several different places to the northern 

12 boundaries of Joshua Tree National Park in the 

13 northwest section of the Park, as depicted on the 

14 map entitled ‘Joshua Tree National Park Proposed 

15 Boundary Additions’, numbered 156/100,077, and 

16 dated August 2009; and 

17 ‘‘(2) the 1,639 acres of land to be acquired 

18 from the Mojave Desert Land Trust that are contig19 uous at several different places to the northern 

20 boundaries of Joshua Tree National Park in the 

21 northwest section of the Park, as depicted on the 

22 map entitled ‘Mojave Desert Land Trust National 

23 Park Service Additions’, numbered 156/126,376, 

24 and dated September 2014. 


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1 ‘‘(b) AVAILABILITY OF MAPS.—The map described in 

2 subsection (a) and the map depicting the 25 acres de3 scribed in subsection (c)(2) shall be on file and available 

4 for public inspection in the appropriate offices of the Na5 tional Park Service. 

6 ‘‘(c) ADMINISTRATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall admin8 ister any land added to the Joshua Tree National 

9 Park under subsection (a) and the additional land 

10 described in paragraph (2)— 

11 ‘‘(A) as part of Joshua Tree National 

12 Park; and 

13 ‘‘(B) in accordance with applicable laws 

14 (including regulations). 

15 ‘‘(2) DESCRIPTION OF ADDITIONAL LAND.—The 

16 additional land referred to in paragraph (1) is the 

17 25 acres of land— 

18 ‘‘(A) depicted on the map entitled ‘Joshua 

19 Tree National Park Boundary Adjustment 

20 Map’, numbered 156/80,049, and dated April 1, 

21 2003; 

22 ‘‘(B) added to Joshua Tree National Park 

23 by the notice of the Department of the Interior 

24 of August 28, 2003 (68 Fed. Reg. 51799); and 


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1 ‘‘(C) more particularly described as lots 

2 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 

3 8 E., San Bernardino Meridian. 

4 ‘‘(d) SOUTHERN CALIFORNIA EDISON COMPANY EN5 ERGY TRANSPORT FACILITIES AND RIGHTS-OF-WAY.— 

6 ‘‘(1) IN GENERAL.—Nothing in this title termi7 nates any valid right-of-way for the customary oper8 ation, maintenance, upgrade, repair, relocation with9 in an existing right-of-way, replacement, or other au10 thorized energy transport facility activities in a 

11 right-of-way issued, granted, or permitted to the 

12 Southern California Edison Company or the prede13 cessors, successors, or assigns of the Southern Cali14 fornia Edison Company that is located on land de15 scribed in paragraphs (1) and (2) of subsection (a), 

16 including, at a minimum, the use of mechanized ve17 hicles, helicopters, or other aerial devices. 

18 ‘‘(2) UPGRADES AND REPLACEMENTS.—Noth19 ing in this title prohibits the upgrading or replace20 ment of— 

21 ‘‘(A) Southern California Edison Company 

22 energy transport facilities, including the energy 

23 transport facilities referred to as the Jellystone, 

24 Burnt Mountain, Whitehorn, Allegra, and Utah 

25 distribution circuits rights-of-way; or 


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1 ‘‘(B) an energy transport facility in rights2 of-way issued, granted, or permitted by the Sec3 retary adjacent to Southern California Edison 

4 Joshua Tree Utility Facilities. 

5 ‘‘(3) PUBLICATION OF PLANS.—Not later than 

6 the date that is 1 year after the date of enactment 

7 of this title or the issuance of a new energy trans8 port facility right-of-way within the Joshua Tree Na9 tional Park, whichever is earlier, the Secretary, in 

10 consultation with the Southern California Edison 

11 Company, shall publish plans for regular and emer12 gency access by the Southern California Edison 

13 Company to the rights-of-way of the Southern Cali14 fornia Edison Company within Joshua Tree Na15 tional Park. 

16 ‘‘TITLE XV—NATIONAL OFF17 HIGHWAY VEHICLE RECRE18 ATION AREAS 

19 ‘‘SEC. 1501. DESIGNATION OF NATIONAL OFF-HIGHWAY VE20 HICLE RECREATION AREAS. 

21 ‘‘(a) DESIGNATION.—In accordance with the Federal 

22 Land Policy and Management Act of 1976 (43 U.S.C. 

23 1701 et seq.) and resource management plans developed 

24 under this title and subject to valid rights, the following 

25 land within the Conservation Area in San Bernardino 


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1 County, California, is designated as National Off-Highway 

2 Vehicle Recreation Areas: 

3 ‘‘(1) DUMONT DUNES NATIONAL OFF-HIGHWAY

4 VEHICLE RECREATION AREA.—Certain Bureau of 

5 Land Management land in the Conservation Area, 

6 comprising approximately 7,630 acres, as generally 

7 depicted on the map entitled ‘Dumont Dunes Pro8 posed National OHV Recreation Area’ and dated 

9 June 29, 2015, which shall be known as the ‘Du10 mont Dunes National Off-Highway Vehicle Recre11 ation Area’. 

12 ‘‘(2) EL MIRAGE NATIONAL OFF-HIGHWAY VE13 HICLE RECREATION AREA.—Certain Bureau of Land 

14 Management land in the Conservation Area, com15 prising approximately 14,930 acres, as generally de16 picted on the map entitled ‘El Mirage Proposed Na17 tional OHV Recreation Area’ and dated January 4, 

18 2017, which shall be known as the ‘El Mirage Na19 tional Off-Highway Vehicle Recreation Area’. 

20 ‘‘(3) RASOR NATIONAL OFF-HIGHWAY VEHICLE

21 RECREATION AREA.—Certain Bureau of Land Man22 agement land in the Conservation Area, comprising 

23 approximately 23,910 acres, as generally depicted on 

24 the map entitled ‘Rasor Proposed National OHV 

25 Recreation Area’ and dated February 15, 2015, 


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1 which shall be known as the ‘Rasor National Off2 Highway Vehicle Recreation Area’. 

3 ‘‘(4) SPANGLER HILLS NATIONAL OFF-HIGHWAY

4 VEHICLE RECREATION AREA.—Certain Bureau of 

5 Land Management land in the Conservation Area, 

6 comprising approximately 56,140 acres, as generally 

7 depicted on the map entitled ‘Spangler Hills Pro8 posed National OHV Recreation Area’ and dated 

9 January 4, 2017, which shall be known as the 

10 ‘Spangler Hills National Off-Highway Vehicle Recre11 ation Area’. 

12 ‘‘(5) STODDARD VALLEY NATIONAL OFF-HIGH13 WAY VEHICLE RECREATION AREA.—Certain Bureau 

14 of Land Management land in the Conservation Area, 

15 comprising approximately 40,110 acres, as generally 

16 depicted on the map entitled ‘Stoddard Valley Pro17 posed National OHV Recreation Area’ and dated 

18 February 18, 2015, which shall be known as the 

19 ‘Stoddard Valley National Off-Highway Vehicle 

20 Recreation Area’. 

21 ‘‘(b) REDESIGNATION AND EXPANSION OF JOHNSON

22 VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION

23 AREA.— 

24 ‘‘(1) REDESIGNATION.—The Johnson Valley 

25 Off-Highway Vehicle Recreation Area designated by 


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1 section 2945 of the Military Construction Authoriza2 tion Act for Fiscal Year 2014 (division B of Public 

3 Law 113–66; 127 Stat. 1038)— 

4 ‘‘(A) is hereby redesignated as the Johnson 

5 Valley National Off-Highway Vehicle Recreation 

6 Area; and 

7 ‘‘(B) is expanded to include all of the land, 

8 approximately 11,300 acres, depicted as the 

9 ‘Proposed Johnson Valley National Off-High10 way Vehicle Recreation Area Additions’ on the 

11 map entitled ‘Johnson Valley National Off12 Highway Vehicle Recreation Area’ and dated 

13 November 30, 2016. 

14 ‘‘(2) RELATION TO AUTHORIZED NAVY USE.— 

15 The redesignation of the Johnson Valley Off-High16 way Vehicle Recreation Area as the Johnson Valley 

17 National Off-Highway Vehicle Recreation Area does 

18 not alter or interfere with the rights and obligations 

19 of the Navy regarding the use of portions of the 

20 Recreation Area as provided in subtitle C of title 

21 XXIX of the Military Construction Authorization 

22 Act for Fiscal Year 2014 (division B of Public Law 

23 113–66; 127 Stat. 1034). 

24 ‘‘(3) REFERENCES.—Any reference in any law, 

25 regulation, document, record, map, or other paper of 


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1 the United States to the Johnson Valley Off-High2 way Vehicle Recreation Area is deemed to be a ref3 erence to the Johnson Valley National Off-Highway 

4 Vehicle Recreation Area. 

5 ‘‘(c) PURPOSE.—The purpose of the national off6 highway vehicle recreation areas designated under sub7 sections (a) and (b) is to preserve and enhance the rec8 reational opportunities within the Conservation Area (in9 cluding opportunities for off-highway vehicle recreation), 

10 while conserving the wildlife and other natural resource 

11 values of the Conservation Area. 

12 ‘‘(d) MAPS AND DESCRIPTIONS.— 

13 ‘‘(1) PREPARATION AND SUBMISSION.—As soon 

14 as practicable after the date of enactment of this 

15 title, the Secretary shall file a map and legal de16 scription of each national off-highway vehicle recre17 ation area designated or expanded by subsections (a) 

18 or (b) with— 

19 ‘‘(A) the Committee on Natural Resources 

20 of the House of Representatives; and 

21 ‘‘(B) the Committee on Energy and Nat22 ural Resources of the Senate. 

23 ‘‘(2) LEGAL EFFECT.—The map and legal de24 scriptions of the national off-highway vehicle recre25 ation areas filed under paragraph (1) shall have the 


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1 same force and effect as if included in this title, ex2 cept that the Secretary may correct errors in the 

3 map and legal descriptions. 

4 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

5 legal description filed under paragraph (1) shall be 

6 filed and made available for public inspection in the 

7 appropriate offices of the Bureau of Land Manage8 ment. 

9 ‘‘(e) USE OF THE LAND.— 

10 ‘‘(1) RECREATIONAL ACTIVITIES.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 continue to authorize, maintain, and enhance 

13 the recreational uses of the national off-highway 

14 vehicle recreation areas designated or expanded 

15 by subsections (a) and (b), including off-high16 way recreation, hiking, camping, hunting, 

17 mountain biking, sightseeing, rockhounding, 

18 and horseback riding, as long as the rec19 reational use is consistent with this section and 

20 any other applicable law. 

21 ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF22 HIGHWAY RECREATION.—To the extent con23 sistent with applicable Federal law (including 

24 regulations) and this section, any authorized 

25 recreation activities and use designations in efVerDate Sep 11 2014 03:52 Feb 11, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H857.IH H857

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1 fect on the date of enactment of this title and 

2 applicable to the national off-highway vehicle 

3 recreation areas designated or expanded by sub4 sections (a) and (b) shall continue, including 

5 casual off-highway vehicular use, racing, com6 petitive events, rock crawling, training, and 

7 other forms of off-highway recreation. 

8 ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers 

9 shall be allowed in the national off-highway vehicle 

10 recreation areas designated by subsection (a) in ac11 cordance with— 

12 ‘‘(A) applicable Bureau of Land Manage13 ment guidelines; and 

14 ‘‘(B) State law. 

15 ‘‘(3) PROHIBITED USES.— 

16 ‘‘(A) IN GENERAL.—Commercial develop17 ment (including development of energy facili18 ties, but excluding energy transport facilities, 

19 rights-of-way, and related telecommunication 

20 facilities) shall be prohibited in the national off21 highway vehicle recreation areas designated by 

22 subsections (a) and (b) if the Secretary deter23 mines that the development is incompatible with 

24 the purpose of this title. 


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1 ‘‘(B) EXCEPTION FOR TEMPORARY PER2 MITTED VENDORS.—Subparagraph (A) does not 

3 prohibit a commercial vendor from establishing, 

4 pursuant to a temporary permit, a site in the 

5 national off-highway vehicle recreation areas for 

6 the purpose of providing accessories and other 

7 support for off-highway vehicles and vehicles 

8 used for accessing the area. 

9 ‘‘(f) ADMINISTRATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall admin11 ister the national off-highway vehicle recreation 

12 areas designated by subsections (a) and (b) in ac13 cordance with— 

14 ‘‘(A) this title; 

15 ‘‘(B) the Federal Land Policy and Man16 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

17 and 

18 ‘‘(C) any other applicable laws (including 

19 regulations). 

20 ‘‘(2) MANAGEMENT PLAN.— 

21 ‘‘(A) IN GENERAL.—As soon as prac22 ticable, but not later than 3 years after the date 

23 of enactment of this title, the Secretary shall— 

24 ‘‘(i) amend existing resource manage25 ment plans applicable to the land desVerDate Sep 11 2014 03:52 Feb 11, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H857.IH H857

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1 ignated as national off-highway vehicle 

2 recreation areas under subsection (a); or 

3 ‘‘(ii) develop new management plans 

4 for each national off-highway vehicle recre5 ation area designated under that sub6 section. 

7 ‘‘(B) REQUIREMENTS.—All new or amend8 ed plans under subparagraph (A) shall be de9 signed to preserve and enhance safe off-highway 

10 vehicle and other recreational opportunities 

11 within the applicable recreation area consistent 

12 with— 

13 ‘‘(i) the purpose described in sub14 section (c); and 

15 ‘‘(ii) any applicable laws (including 

16 regulations). 

17 ‘‘(C) INTERIM PLANS.—Pending comple18 tion of a new management plan under subpara19 graph (A), the existing resource management 

20 plans shall govern the use of the applicable na21 tional off-highway vehicle recreation area. 

22 ‘‘(g) STUDY.— 

23 ‘‘(1) IN GENERAL.—As soon as practicable, but 

24 not later than 2 years, after the date of enactment 

25 of this title, the Secretary shall complete a study to 


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1 identify Bureau of Land Management land within 

2 the Conservation Area that is suitable for addition 

3 to— 

4 ‘‘(A) the national off-highway vehicle recre5 ation areas designated by subsection (a) and 

6 (b); or 

7 ‘‘(B) the Johnson Valley National Off8 Highway Vehicle Recreation Area designated by 

9 section 2945 of the National Defense Author10 ization Act for Fiscal Year 2014 (Public Law 

11 113–66; 127 Stat. 1038). 

12 ‘‘(2) STUDY AREAS.—The study required under 

13 paragraph (1) shall include— 

14 ‘‘(A) certain Bureau of Land Management 

15 land in the Conservation Area, comprising ap16 proximately 41,000 acres, as generally depicted 

17 on the map entitled ‘Spangler Hills Proposed 

18 National OHV Recreation Area’ and dated Jan19 uary 4, 2017; and 

20 ‘‘(B) certain Bureau of Land Management 

21 land in the Conservation Area, comprising ap22 proximately 680 acres, as generally depicted on 

23 the map entitled ‘El Mirage Proposed National 

24 OHV Recreation Area’ and dated January 21, 

25 2017. 


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1 ‘‘(C) certain Bureau of Land Management 

2 land in the Conservation Area, comprising ap3 proximately 10,300 acres, as generally depicted 

4 on the map entitled ‘Johnson Valley National 

5 Off-Highway Vehicle Recreation Area’ and 

6 dated November 30, 2016. 

7 ‘‘(3) REQUIREMENTS.—In preparing the study 

8 under paragraph (1), the Secretary shall— 

9 ‘‘(A) seek input from stakeholders, includ10 ing— 

11 ‘‘(i) the State, including— 

12 ‘‘(I) the California Public Utili13 ties Commission; and 

14 ‘‘(II) the California Energy Com15 mission; 

16 ‘‘(ii) San Bernardino County, Cali17 fornia; 

18 ‘‘(iii) the public; 

19 ‘‘(iv) recreational user groups; 

20 ‘‘(v) conservation organizations; 

21 ‘‘(vi) the Southern California Edison 

22 Company; 

23 ‘‘(vii) the Pacific Gas and Electric 

24 Company; and 


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1 ‘‘(viii) other Federal agencies, includ2 ing the Department of Defense; 

3 ‘‘(B) explore the feasibility of— 

4 ‘‘(i) expanding the southern boundary 

5 of the national off-highway vehicle recre6 ation area described in subsection (a)(3) to 

7 include previously disturbed land; and 

8 ‘‘(ii) establishing a right of way for 

9 OHV use in the area identified in (g)(2), 

10 to the extent necessary to connect the non11 contiguous areas of the Johnson Valley 

12 National Off-Highway Vehicle Recreation 

13 Area; 

14 ‘‘(C) identify and exclude from consider15 ation any land that— 

16 ‘‘(i) is managed for conservation pur17 poses; 

18 ‘‘(ii) is identified as critical habitat 

19 for a listed species; 

20 ‘‘(iii) may be suitable for renewable 

21 energy development; or 

22 ‘‘(iv) may be necessary for energy 

23 transmission; and 

24 ‘‘(D) not recommend or approve expansion 

25 of national off-highway vehicle recreation areas 


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1 within the Conservation Area that collectively 

2 would exceed the total acres administratively 

3 designated for off-highway recreation within the 

4 Conservation Area as of the day before the date 

5 of enactment of the National Defense Author6 ization Act for Fiscal Year 2014 (Public Law 

7 113–66; 127 Stat. 672). 

8 ‘‘(4) APPLICABLE LAW.—The Secretary shall 

9 consider the information and recommendations of 

10 the study completed under paragraph (1) to deter11 mine the impacts of expanding national off-highway 

12 vehicle recreation areas designated by subsection (a) 

13 on the Conservation Area, in accordance with— 

14 ‘‘(A) the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.); 

16 ‘‘(B) the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.); 

18 ‘‘(C) applicable regulations and plans, in19 cluding the Desert Renewable Energy Conserva20 tion Plan Land Use Plan Amendment; and 

21 ‘‘(D) any other applicable law. 

22 ‘‘(5) SUBMISSION TO CONGRESS.—On comple23 tion of the study under paragraph (1), the Secretary 

24 shall submit the study to— 


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1 ‘‘(A) the Committee on Natural Resources 

2 of the House of Representatives; and 

3 ‘‘(B) the Committee on Energy and Nat4 ural Resources of the Senate. 

5 ‘‘(6) AUTHORIZATION FOR EXPANSION.— 

6 ‘‘(A) IN GENERAL.—On completion of the 

7 study under paragraph (1) and in accordance 

8 with all applicable laws (including regulations), 

9 the Secretary shall authorize the expansion of 

10 the national off-highway vehicle recreation 

11 areas recommended under the study. 

12 ‘‘(B) MANAGEMENT.—Any land within the 

13 expanded areas under subparagraph (A) shall 

14 be managed in accordance with this section. 

15 ‘‘(h) SOUTHERN CALIFORNIA EDISON COMPANY

16 UTILITY FACILITIES AND RIGHTS-OF-WAY.— 

17 ‘‘(1) EFFECT OF TITLE.—Nothing in this 

18 title— 

19 ‘‘(A) terminates any validly issued right-of20 way for the customary operation, maintenance, 

21 upgrade, repair, relocation within an existing 

22 right-of-way, replacement, or other authorized 

23 energy transport facility activities (including the 

24 use of any mechanized vehicle, helicopter, and 

25 other aerial device) in a right-of-way issued, 


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1 granted, or permitted to Southern California 

2 Edison Company (including any predecessor or 

3 successor in interest or assign) that is located 

4 on land included in— 

5 ‘‘(i) the El Mirage National Off-High6 way Vehicle Recreation Area; 

7 ‘‘(ii) the Spangler Hills National Off8 Highway Vehicle Recreation Area; or 

9 ‘‘(iii) the Stoddard Valley National 

10 Off Highway Vehicle Recreation Area; 

11 ‘‘(B) affects the application, siting, route 

12 selection, right-of-way acquisition, or construc13 tion of the Coolwater-Lugo transmission 

14 project, as may be approved by the California 

15 Public Utilities Commission and the Bureau of 

16 Land Management; or 

17 ‘‘(C) prohibits the upgrading or replace18 ment of any Southern California Edison Com19 pany— 

20 ‘‘(i) utility facility, including such a 

21 utility facility known on the date of enact22 ment of this title as— 

23 ‘‘(I) ‘Gale-PS 512 transmission 

24 lines or rights-of-way’; and 


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1 ‘‘(II) ‘Patio, Jack Ranch, and 

2 Kenworth distribution circuits or 

3 rights-of-way’; and 

4 ‘‘(ii) energy transport facility in a 

5 right-of-way issued, granted, or permitted 

6 by the Secretary adjacent to a utility facil7 ity referred to in clause (i). 

8 ‘‘(2) PLANS FOR ACCESS.—The Secretary, in 

9 consultation with the Southern California Edison 

10 Company, shall publish plans for regular and emer11 gency access by the Southern California Edison 

12 Company to the rights-of-way of the Company by 

13 the date that is 1 year after the later of— 

14 ‘‘(A) the date of enactment of this title; 

15 and 

16 ‘‘(B) the date of issuance of a new energy 

17 transport facility right-of-way within— 

18 ‘‘(i) the El Mirage National Off-High19 way Vehicle Recreation Area; 

20 ‘‘(ii) the Spangler Hills National Off21 Highway Vehicle Recreation Area; or 

22 ‘‘(iii) the Stoddard Valley National 

23 Off Highway Vehicle Recreation Area. 

24 ‘‘(i) PACIFIC GAS AND ELECTRIC COMPANY UTILITY

25 FACILITIES AND RIGHTS-OF-WAY.— 


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1 ‘‘(1) EFFECT OF TITLE.—Nothing in this 

2 title— 

3 ‘‘(A) terminates any validly issued right-of4 way for the customary operation, maintenance, 

5 upgrade, repair, relocation within an existing 

6 right-of-way, replacement, or other authorized 

7 activity (including the use of any mechanized 

8 vehicle, helicopter, and other aerial device) in a 

9 right-of-way issued, granted, or permitted to 

10 Pacific Gas and Electric Company (including 

11 any predecessor or successor in interest or as12 sign) that is located on land included in the 

13 Spangler Hills National Off-Highway Vehicle 

14 Recreation Area; or 

15 ‘‘(B) prohibits the upgrading or replace16 ment of any— 

17 ‘‘(i) utility facilities of the Pacific Gas 

18 and Electric Company, including those 

19 utility facilities known on the date of en20 actment of this title as— 

21 ‘‘(I) Gas Transmission Line 311 

22 or rights-of-way; and 

23 ‘‘(II) Gas Transmission Line 372 

24 or rights-of-way; and 


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1 ‘‘(ii) utility facilities of the Pacific 

2 Gas and Electric Company in rights-of-way 

3 issued, granted, or permitted by the Sec4 retary adjacent to a utility facility referred 

5 to in clause (i). 

6 ‘‘(2) PLANS FOR ACCESS.—Not later than 1 

7 year after the date of enactment of this title or the 

8 issuance of a new utility facility right-of-way within 

9 the Spangler Hills National Off-Highway Vehicle 

10 Recreation Area, whichever is later, the Secretary, in 

11 consultation with the Pacific Gas and Electric Com12 pany, shall publish plans for regular and emergency 

13 access by the Pacific Gas and Electric Company to 

14 the rights-of-way of the Pacific Gas and Electric 

15 Company. 

16 ‘‘TITLE XVI—ALABAMA HILLS 

17 NATIONAL SCENIC AREA 

18 ‘‘SEC. 1601. DEFINITIONS. 

19 ‘‘In this title: 

20 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage21 ment plan’ means the management plan for the Na22 tional Scenic Area developed under section 1603(a). 

23 ‘‘(2) MAP.—The term ‘Map’ means the map ti24 tled ‘Proposed Alabama Hills National Scenic Area’, 

25 dated September 8, 2014. 


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1 ‘‘(3) MOTORIZED VEHICLES.—The term ‘motor2 ized vehicles’ means motorized or mechanized vehi3 cles and includes, when used by utilities, mechanized 

4 equipment, helicopters, and other aerial devices nec5 essary to maintain electrical or communications in6 frastructure. 

7 ‘‘(4) NATIONAL SCENIC AREA.—The term ‘Na8 tional Scenic Area’ means the Alabama Hills Na9 tional Scenic Area established by section 1602(a). 

10 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

11 the Secretary of the Interior. 

12 ‘‘(6) STATE.—The term ‘State’ means the State 

13 of California. 

14 ‘‘(7) TRIBE.—The term ‘Tribe’ means the Lone 

15 Pine Paiute-Shoshone. 

16 ‘‘(8) UTILITY FACILITY.—The term ‘utility fa17 cility’ means any and all existing and future water 

18 system facilities including aqueducts, streams, 

19 ditches, and canals; water facilities including, but 

20 not limited to, flow measuring stations, gauges, 

21 gates, values, piping, conduits, fencing, and electrical 

22 power and communications devices and systems; and 

23 any and all existing and future electric generation 

24 facilities, electric storage facilities, overhead and/or 

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1 nication systems consisting of electric substations, 

2 electric lines, poles and towers made of various ma3 terials, ‘H’ frame structures, guy wires and anchors, 

4 crossarms, wires, underground conduits, cables, 

5 vaults, manholes, handholes, above-ground enclo6 sures, markers and concrete pads and other fixtures, 

7 appliances and communication circuits, and other 

8 fixtures, appliances and appurtenances connected 

9 therewith necessary or convenient for the construc10 tion, operation, regulation, control, grounding and 

11 maintenance of electric generation, storage, lines 

12 and communication circuits, for the purpose of 

13 transmitting intelligence and generating, storing, 

14 distributing, regulating and controlling electric en15 ergy to be used for light, heat, power, communica16 tion, and other purposes. 

17 ‘‘SEC. 1602. ALABAMA HILLS NATIONAL SCENIC AREA, CALI18 FORNIA. 

19 ‘‘(a) ESTABLISHMENT.—Subject to valid, existing 

20 rights, there is established in Inyo County, California, the 

21 Alabama Hills National Scenic Area. The National Scenic 

22 Area shall be comprised of the approximately 18,610 acres 

23 generally depicted on the Map as ‘National Scenic Area’. 

24 ‘‘(b) PURPOSE.—The purpose of the National Scenic 

25 Area is to conserve, protect, and enhance for the benefit, 


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1 use, and enjoyment of present and future generations the 

2 nationally significant scenic, cultural, geological, edu3 cational, biological, historical, recreational, cinemato4 graphic, and scientific resources of the National Scenic 

5 Area managed consistent with section 302(a) of the Fed6 eral Land Policy and Management Act of 1976 (43 U.S.C. 

7 1732(a)). 

8 ‘‘(c) MAP; LEGAL DESCRIPTIONS.— 

9 ‘‘(1) IN GENERAL.—As soon as practicable 

10 after the date of enactment of this Act, the Sec11 retary shall file a map and a legal description of the 

12 National Scenic Area with— 

13 ‘‘(A) the Committee on Energy and Nat14 ural Resources of the Senate; and 

15 ‘‘(B) the Committee on Natural Resources 

16 of the House of Representatives. 

17 ‘‘(2) FORCE OF LAW.—The map and legal de18 scriptions filed under paragraph (1) shall have the 

19 same force and effect as if included in this Act, ex20 cept that the Secretary may correct any clerical and 

21 typographical errors in the map and legal descrip22 tions. 

23 ‘‘(3) PUBLIC AVAILABILITY.—Each map and 

24 legal description filed under paragraph (1) shall be 

25 on file and available for public inspection in the apVerDate Sep 11 2014 03:52 Feb 11, 2017 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H857.IH H857

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1 propriate offices of the Forest Service and Bureau 

2 of Land Management. 

3 ‘‘(d) ADMINISTRATION.—The Secretary shall manage 

4 the National Scenic Area— 

5 ‘‘(1) as a component of the National Landscape 

6 Conservation System; 

7 ‘‘(2) so as not to impact the future continuing 

8 operations and maintenance of any activities associ9 ated with valid, existing rights, including water 

10 rights; 

11 ‘‘(3) in a manner that conserves, protects, and 

12 enhances the resources and values of the National 

13 Scenic Area described in subsection (b); and 

14 ‘‘(4) in accordance with— 

15 ‘‘(A) the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

17 ‘‘(B) this Act; and 

18 ‘‘(C) any other applicable laws. 

19 ‘‘(e) MANAGEMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall allow 

21 only such uses of the National Scenic Area as the 

22 Secretary determines would support the purposes of 

23 the National Scenic Area as described in subsection 

24 (b). 


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1 ‘‘(2) RECREATIONAL ACTIVITIES.—Except as 

2 otherwise provided in this Act or other applicable 

3 law, or as the Secretary determines to be necessary 

4 for public health and safety, the Secretary shall 

5 allow existing recreational uses of the National Sce6 nic Area to continue, including hiking, mountain 

7 biking, rock climbing, sightseeing, horseback riding, 

8 hunting, fishing, and appropriate authorized motor9 ized vehicle use. 

10 ‘‘(3) MOTORIZED VEHICLES.—Except as speci11 fied within this Act and/or in cases in which motor12 ized vehicles are needed for administrative purposes, 

13 or to respond to an emergency, the use of motorized 

14 vehicles in the National Scenic Area shall be per15 mitted only on— 

16 ‘‘(A) roads and trails designated by the Di17 rector of the Bureau of Land Management for 

18 use of motorized vehicles as part of a manage19 ment plan sustaining a semi-primitive motorized 

20 experience; or 

21 ‘‘(B) on county-maintained roads in ac22 cordance with applicable State and county laws. 

23 ‘‘(f) NO BUFFER ZONES.— 


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1 ‘‘(1) IN GENERAL.—Nothing in this Act creates 

2 a protective perimeter or buffer zone around the Na3 tional Scenic Area. 

4 ‘‘(2) ACTIVITIES OUTSIDE NATIONAL SCENIC

5 AREA.—The fact that an activity or use on land out6 side the National Scenic Area can be seen or heard 

7 within the National Scenic Area shall not preclude 

8 the activity or use outside the boundaries of the Na9 tional Scenic Area. 

10 ‘‘(g) ACCESS.—The Secretary shall continue to pro11 vide private landowners adequate access to inholdings in 

12 the National Scenic Area. 

13 ‘‘(h) FILMING.—Nothing in this Act prohibits filming 

14 (including commercial film production, student filming, 

15 and still photography) within the National Scenic Area— 

16 ‘‘(1) subject to— 

17 ‘‘(A) such reasonable regulations, policies, 

18 and practices as the Secretary considers to be 

19 necessary; and 

20 ‘‘(B) applicable law; and 

21 ‘‘(2) in a manner consistent with the purposes 

22 described in subsection (b). 

23 ‘‘(i) FISH AND WILDLIFE.—Nothing in this Act af24 fects the jurisdiction or responsibilities of the State with 

25 respect to fish and wildlife. 


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1 ‘‘(j) LIVESTOCK.—The grazing of livestock in the Na2 tional Scenic Area, including grazing under the Alabama 

3 Hills allotment and the George Creek allotment, as estab4 lished before the date of enactment of this Act, shall be 

5 permitted to continue— 

6 ‘‘(1) subject to— 

7 ‘‘(A) such reasonable regulations, policies, 

8 and practices as the Secretary considers to be 

9 necessary; and 

10 ‘‘(B) applicable law; and 

11 ‘‘(2) in a manner consistent with the purposes 

12 described in subsection (b). 

13 ‘‘(k) OVERFLIGHTS.—Nothing in this Act restricts or 

14 precludes flights over the National Scenic Area or over15 flights that can be seen or heard within the National Sce16 nic Area, including— 

17 ‘‘(1) transportation, sightseeing and filming 

18 flights, general aviation planes, helicopters, hang19 gliders, and balloonists, for commercial or rec20 reational purposes; 

21 ‘‘(2) low-level overflights of military aircraft; 

22 ‘‘(3) flight testing and evaluation; 

23 ‘‘(4) the designation or creation of new units of 

24 special use airspace, or the establishment of military 


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1 flight training routes, over the National Scenic Area; 

2 or 

3 ‘‘(5) the use, including take-off and landing, of 

4 helicopters and other aerial devices within valid 

5 rights-of-way to construct or maintain energy trans6 port facilities. 

7 ‘‘(l) WITHDRAWAL.—Subject to this Act’s provisions 

8 and valid rights in existence on the date of enactment of 

9 this Act, including rights established by prior withdrawals, 

10 the Federal land within the National Scenic Area is with11 drawn from all forms of— 

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

13 public land laws; 

14 ‘‘(2) location, entry, and patent under the min15 ing laws; and 

16 ‘‘(3) disposition under all laws pertaining to 

17 mineral and geothermal leasing or mineral materials. 

18 ‘‘(m) WILDLAND FIRE OPERATIONS.—Nothing in 

19 this Act prohibits the Secretary, in cooperation with other 

20 Federal, State, and local agencies, as appropriate, from 

21 conducting wildland fire operations in the National Scenic 

22 Area, consistent with the purposes described in subsection 

23 (b). 

24 ‘‘(n) GRANTS; COOPERATIVE AGREEMENTS.—The 

25 Secretary may make grants to, or enter into cooperative 


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1 agreements with, State, tribal, and local governmental en2 tities and private entities to conduct research, interpreta3 tion, or public education or to carry out any other initia4 tive relating to the restoration, conservation, or manage5 ment of the National Scenic Area. 

6 ‘‘(o) AIR AND WATER QUALITY.—Nothing in this Act 

7 modifies any standard governing air or water quality out8 side of the boundaries of the National Scenic Area. 

9 ‘‘(p) UTILITY FACILITIES AND RIGHTS OF WAY.— 

10 ‘‘(1) Nothing in this Act shall— 

11 ‘‘(A) affect the existence, use, operation, 

12 maintenance (including but not limited to vege13 tation control), repair, construction, reconfig14 uration, expansion, inspection, renewal, recon15 struction, alteration, addition, relocation, im16 provement, funding, removal, or replacement of 

17 utility facilities or appurtenant rights of way 

18 within or adjacent to the National Scenic Area; 

19 ‘‘(B) affect necessary or efficient access to 

20 utility facilities or rights of way within or adja21 cent to the National Scenic Area subject to sub22 section (e); or 

23 ‘‘(C) preclude the Secretary from author24 izing the establishment of new utility facility 

25 rights of way (including instream sites, routes, 


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1 and areas) within the National Scenic Area in 

2 a manner that minimizes harm to the purpose 

3 of the National Scenic Area as described in sub4 section (b)— 

5 ‘‘(i) with the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.) and any other applicable law; 

8 ‘‘(ii) subject to such terms and condi9 tions as the Secretary determines to be ap10 propriate; and 

11 ‘‘(iii) are determined, by the Sec12 retary, to be the only technical or feasible 

13 location, following consideration of alter14 natives within existing rights of way or 

15 outside of the National Scenic Area. 

16 ‘‘(2) MANAGEMENT PLAN.—Consistent with 

17 this Act, the Management Plan shall establish plans 

18 for maintenance of public utility and other rights of 

19 way within the National Scenic Area. 

20 ‘‘SEC. 1603. MANAGEMENT PLAN. 

21 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

22 date of enactment of this Act, in accordance with sub23 section (b), the Secretary shall develop a comprehensive 

24 plan for the long-term management of the National Scenic 

25 Area. 


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1 ‘‘(b) CONSULTATION.—In developing the manage2 ment plan, the Secretary shall— 

3 ‘‘(1) consult with appropriate State, tribal, and 

4 local governmental entities, including Inyo County 

5 and the Tribe; and 

6 ‘‘(2) seek input from— 

7 ‘‘(A) investor-owned utilities, including 

8 Southern California Edison Company; 

9 ‘‘(B) the Alabama Hills Stewardship 

10 Group; 

11 ‘‘(C) members of the public; and 

12 ‘‘(D) the Los Angeles Department of 

13 Water and Power. 

14 ‘‘(c) INCORPORATION OF MANAGEMENT PLAN.—In 

15 developing the management plan, in accordance with this 

16 section, the Secretary shall allow, in perpetuity, casual17 use mining limited to the use of hand tools, metal detec18 tors, hand-fed dry washers, vacuum cleaners, gold pans, 

19 small sluices, and similar items. 

20 ‘‘(d) INTERIM MANAGEMENT.—Pending completion 

21 of the management plan, the Secretary shall manage the 

22 National Scenic Area in accordance with section 3. 


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1 ‘‘SEC. 1604. LAND TAKEN INTO TRUST FOR LONE PINE PAI2 UTE-SHOSHONE RESERVATION. 

3 ‘‘(a) TRUST LAND.—As soon as practicable after the 

4 date of the enactment of this Act, the Secretary shall take 

5 the approximately 132 acres of Federal land depicted on 

6 the Map as ‘Lone Pine Paiute-Shoshone Reservation Addi7 tion’ into trust for the benefit of the Tribe, subject to the 

8 following: 

9 ‘‘(1) CONDITIONS.—The land shall be subject to 

10 all easements, covenants, conditions, restrictions, 

11 withdrawals, and other matters of record on the date 

12 of the enactment of this Act. 

13 ‘‘(2) EXCLUSION.—The Federal lands over 

14 which the right-of-way for the Los Angeles Aqueduct 

15 is located, generally described as the 250-foot-wide 

16 right-of-way granted to the City of Los Angeles pur17 suant to the Act of June 30, 1906 (Chap. 3926), 

18 shall not be taken into trust for the Tribe. 

19 ‘‘(b) RESERVATION LAND.—The land taken into 

20 trust pursuant to subsection (a) shall be considered part 

21 of the reservation of the Tribe. 

22 ‘‘(c) GAMING PROHIBITION.—Gaming under the In23 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

24 shall not be allowed on the land taken into trust pursuant 

25 to subsection (a). 


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1 ‘‘SEC. 1605. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 ‘‘Administrative jurisdiction of the approximately 56 

3 acres of Federal land depicted on the Map as ‘USFS 

4 Transfer to BLM’ is hereby transferred from the Forest 

5 Service under the Secretary of Agriculture to the Bureau 

6 of Land Management under the Secretary. 

7 ‘‘SEC. 1606. PROTECTION OF SERVICES AND REC8 REATIONAL OPPORTUNITIES. 

9 ‘‘Nothing in this Act shall be construed to limit com10 mercial services for existing and historic recreation uses 

11 as authorized by the Bureau of Land Management’s per12 mit process. Valid, existing, commercial permits to exer13 cise guided recreational opportunities for the public may 

14 continue as authorized on the day before the date of the 

15 enactment of this Act. 

16 ‘‘TITLE XVII—MISCELLANEOUS 

17 ‘‘SEC. 1701. MILITARY ACTIVITIES. 

18 ‘‘Nothing in this title— 

19 ‘‘(1) restricts or precludes Department of De20 fense motorized access by land or air— 

21 ‘‘(A) to respond to an emergency within a 

22 wilderness area designated by this Act; or 

23 ‘‘(B) to control access to the emergency 

24 site; 


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1 ‘‘(2) prevents nonmechanized military training 

2 activities previously conducted on wilderness areas 

3 designated by this title that are consistent with— 

4 ‘‘(A) the Wilderness Act (16 U.S.C. 1131 

5 et seq.); and 

6 ‘‘(B) all applicable laws (including regula7 tions); 

8 ‘‘(3) restricts or precludes low-level overflights 

9 of military aircraft over the areas designated as wil10 derness, national monuments, special management 

11 areas, or recreation areas by this Act, including mili12 tary overflights that can be seen or heard within the 

13 designated areas; 

14 ‘‘(4) restricts or precludes flight testing and 

15 evaluation in the areas described in paragraph (3); 

16 or 

17 ‘‘(5) restricts or precludes the designation or 

18 creation of new units of special use airspace, or the 

19 establishment of military flight training routes, over 

20 the areas described in paragraph (3). 

21 ‘‘SEC. 1702. PROHIBITED USES OF ACQUIRED, DONATED, 

22 AND CONSERVATION LAND. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) ACQUIRED LAND.—The term ‘acquired 

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1 tion Area using amounts from the land and water 

2 conservation fund established under section 200302 

3 of title 54, United States Code. 

4 ‘‘(2) CONSERVATION LAND.—The term ‘con5 servation land’ means any land within the Conserva6 tion Area that is designated to satisfy the conditions 

7 of a Federal habitat conservation plan, general con8 servation plan, or State natural communities con9 servation plan, including— 

10 ‘‘(A) national conservation land established 

11 pursuant to section 2002(b)(2)(D) of the Omni12 bus Public Land Management Act of 2009 (16 

13 U.S.C. 7202(b)(2)(D)); and 

14 ‘‘(B) areas of critical environmental con15 cern established pursuant to section 202(c)(3) 

16 of the Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1712(c)(3)). 

18 ‘‘(3) DONATED LAND.—The term ‘donated 

19 land’ means any private land donated to the United 

20 States for conservation purposes in the Conservation 

21 Area. 

22 ‘‘(4) DONOR.—The term ‘donor’ means an indi23 vidual or entity that donates private land within the 

24 Conservation Area to the United States. 


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1 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the Bureau of Land Management. 

4 ‘‘(b) PROHIBITIONS.—Except as provided in sub5 section (c), the Secretary shall not authorize the use of 

6 acquired land, conservation land, or donated land within 

7 the Conservation Area for any activities contrary to the 

8 conservation purposes for which the land was acquired, 

9 designated, or donated, including— 

10 ‘‘(1) disposal; 

11 ‘‘(2) rights-of-way; 

12 ‘‘(3) leases; 

13 ‘‘(4) livestock grazing; 

14 ‘‘(5) infrastructure development, except as pro15 vided in subsection (c); 

16 ‘‘(6) mineral entry; and 

17 ‘‘(7) off-highway vehicle use, except on— 

18 ‘‘(A) designated routes; 

19 ‘‘(B) off-highway vehicle areas designated 

20 by law; and 

21 ‘‘(C) administratively designated open 

22 areas. 

23 ‘‘(c) EXCEPTIONS.— 

24 ‘‘(1) AUTHORIZATION BY SECRETARY.—Subject 

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1 ited exceptions to prohibited uses of acquired land or 

2 donated land in the Conservation Area if— 

3 ‘‘(A) a right-of-way application for a re4 newable energy development project or associ5 ated energy transport facility on acquired land 

6 or donated land was submitted to the Bureau 

7 of Land Management on or before December 1, 

8 2009; or 

9 ‘‘(B) after the completion and consider10 ation of an analysis under the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 4321 

12 et seq.), the Secretary has determined that pro13 posed use is in the public interest. 

14 ‘‘(2) CONDITIONS.— 

15 ‘‘(A) IN GENERAL.—If the Secretary 

16 grants an exception to the prohibition under 

17 paragraph (1), the Secretary shall require the 

18 permittee to donate private land of comparable 

19 value located within the Conservation Area to 

20 the United States to mitigate the use. 

21 ‘‘(B) APPROVAL.—The private land to be 

22 donated under subparagraph (A) shall be ap23 proved by the Secretary after— 

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1 vate land proposed for nonconservation 

2 uses; and 

3 ‘‘(ii) an opportunity for public com4 ment regarding the donation. 

5 ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sec6 tion affects permitted or prohibited uses of donated land 

7 or acquired land in the Conservation Area established in 

8 any easements, deed restrictions, memoranda of under9 standing, or other agreements in existence on the date of 

10 enactment of this title. 

11 ‘‘(e) DEED RESTRICTIONS.—Effective beginning on 

12 the date of enactment of this title, within the Conservation 

13 Area, the Secretary may— 

14 ‘‘(1) accept deed restrictions requested by land15 owners for land donated to, or otherwise acquired 

16 by, the United States; and 

17 ‘‘(2) consistent with existing rights, create deed 

18 restrictions, easements, or other third-party rights 

19 relating to any public land determined by the Sec20 retary to be necessary— 

21 ‘‘(A) to fulfill the mitigation requirements 

22 resulting from the development of renewable re23 sources; or 

24 ‘‘(B) to satisfy the conditions of— 


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1 ‘‘(i) a habitat conservation plan or 

2 general conservation plan established pur3 suant to section 10 of the Endangered 

4 Species Act of 1973 (16 U.S.C. 1539); or 

5 ‘‘(ii) a natural communities conserva6 tion plan approved by the State. 

7 ‘‘SEC. 1703. TRIBAL USES AND INTERESTS. 

8 ‘‘(a) ACCESS.—The Secretary shall ensure access to 

9 areas designated under this Act by members of Indian 

10 tribes for traditional cultural and religious purposes, con11 sistent with applicable law, including Public Law 95–341 

12 (commonly known as the ‘American Indian Religious 

13 Freedom Act’) (42 U.S.C. 1996). 

14 ‘‘(b) TEMPORARY CLOSURE.— 

15 ‘‘(1) IN GENERAL.—In accordance with applica16 ble law, including Public Law 95–341 (commonly 

17 known as the ‘American Indian Religious Freedom 

18 Act’) (42 U.S.C. 1996), and subject to paragraph 

19 (2), the Secretary, on request of an Indian tribe or 

20 Indian religious community, shall temporarily close 

21 to general public use any portion of an area des22 ignated as a national monument, special manage23 ment area, wild and scenic river, area of critical en24 vironmental concern, or National Park System unit 

25 under this Act (referred to in this subsection as a 


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1 ‘designated area’) to protect the privacy of tradi2 tional cultural and religious activities in the des3 ignated area by members of the Indian tribe or In4 dian religious community. 

5 ‘‘(2) LIMITATION.—In closing a portion of a 

6 designated area under paragraph (1), the Secretary 

7 shall limit the closure to the smallest practicable 

8 area for the minimum period necessary for the tradi9 tional cultural and religious activities. 

10 ‘‘(c) TRIBAL CULTURAL RESOURCES MANAGEMENT

11 PLAN.— 

12 ‘‘(1) IN GENERAL.—Not later than 2 years 

13 after the date of enactment of this title, the Sec14 retary of the Interior shall develop and implement a 

15 tribal cultural resources management plan to iden16 tify, protect, and conserve cultural resources of In17 dian tribes associated with the Xam Kwatchan Trail 

18 network extending from Avikwaame (Spirit Moun19 tain, Nevada) to Avikwlal (Pilot Knob, California). 

20 ‘‘(2) CONSULTATION.—The Secretary shall con21 sult on the development and implementation of the 

22 tribal cultural resources management plan under 

23 paragraph (1) with— 

24 ‘‘(A) each of— 

25 ‘‘(i) the Chemehuevi Indian Tribe; 


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1 ‘‘(ii) the Hualapai Tribal Nation; 

2 ‘‘(iii) the Fort Mojave Indian Tribe; 

3 ‘‘(iv) the Colorado River Indian 

4 Tribes; 

5 ‘‘(v) the Quechan Indian Tribe; and 

6 ‘‘(vi) the Cocopah Indian Tribe; and 

7 ‘‘(B) the Advisory Council on Historic 

8 Preservation. 

9 ‘‘(3) RESOURCE PROTECTION.—The tribal cul10 tural resources management plan developed under 

11 paragraph (1) shall be— 

12 ‘‘(A) based on a completed tribal cultural 

13 resources survey; and 

14 ‘‘(B) include procedures for identifying, 

15 protecting, and preserving petroglyphs, ancient 

16 trails, intaglios, sleeping circles, artifacts, and 

17 other resources of cultural, archaeological, or 

18 historical significance in accordance with all ap19 plicable laws and policies, including— 

20 ‘‘(i) chapter 2003 of title 54, United 

21 States Code; 

22 ‘‘(ii) Public Law 95–341 (commonly 

23 known as the ‘American Indian Religious 

24 Freedom Act’) (42 U.S.C. 1996); 


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1 ‘‘(iii) the Archaeological Resources 

2 Protection Act of 1979 (16 U.S.C. 470aa 

3 et seq.); 

4 ‘‘(iv) the Native American Graves 

5 Protection and Repatriation Act (25 

6 U.S.C. 3001 et seq.); and 

7 ‘‘(v) Public Law 103–141 (commonly 

8 known as the ‘Religious Freedom Restora9 tion Act of 1993’) (42 U.S.C. 2000bb et 

10 seq.). 

11 ‘‘(d) WITHDRAWAL.—Subject to valid existing rights, 

12 all Federal land within the area administratively with13 drawn and known as the ‘Indian Pass Withdrawal Area’ 

14 is permanently withdrawn from— 

15 ‘‘(1) all forms of entry, appropriation, or dis16 posal under the public land laws; 

17 ‘‘(2) location, entry, and patent under the min18 ing laws; and 

19 ‘‘(3) right-of-way leasing and disposition under 

20 all laws relating to minerals or solar, wind, or geo21 thermal energy. 

22 ‘‘SEC. 1704. RELEASE OF FEDERAL REVERSIONARY LAND 

23 INTERESTS. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) 1932 ACT.—The ‘1932 Act’ means the Act 

2 of June 18, 1932 (47 Stat. 324, chapter 270). 

3 ‘‘(2) DISTRICT.—The ‘District’ means the Met4 ropolitan Water District of Southern California. 

5 ‘‘(b) RELEASE.—Subject to valid existing claims per6 fected prior to the effective date of the 1932 Act and the 

7 reservation of minerals set forth in the 1932 Act, the Sec8 retary shall release, convey, or otherwise quitclaim to the 

9 District, in a form recordable in local county records, and 

10 subject to the approval of the District, after consultation 

11 and without monetary consideration, all right, title, and 

12 remaining interest of the United States in and to the land 

13 that was conveyed to the District pursuant to the 1932 

14 Act or any other law authorizing conveyance subject to 

15 restrictions or reversionary interests retained by the 

16 United States, on request by the District. 

17 ‘‘(c) TERMS AND CONDITIONS.—A conveyance au18 thorized by subsection (b) shall be subject to the following 

19 terms and conditions: 

20 ‘‘(1) The District shall cover, or reimburse the 

21 Secretary for, the costs incurred by the Secretary to 

22 make the conveyance, including title searches, sur23 veys, deed preparation, attorneys’ fees, and similar 

24 expenses. 


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1 ‘‘(2) By accepting the conveyances, the District 

2 agrees to indemnify and hold harmless the United 

3 States with regard to any boundary dispute relating 

4 to any parcel conveyed under this section.’’. 

5 SEC. 3. VISITOR CENTER. 

6 Title IV of the California Desert Protection Act of 

7 1994 (16 U.S.C. 410aaa–21 et seq.) is amended by adding 

8 at the end the following: 

9 ‘‘SEC. 408. VISITOR CENTER. 

10 ‘‘(a) IN GENERAL.—The Secretary may acquire not 

11 more than 5 acres of land and interests in land, and im12 provements on the land and interests, outside the bound13 aries of Joshua Tree National Park, in the unincorporated 

14 village of Joshua Tree, for the purpose of operating a vis15 itor center. 

16 ‘‘(b) BOUNDARY.—The Secretary shall modify the 

17 boundary of the park to include the land acquired under 

18 this section as a noncontiguous parcel. 

19 ‘‘(c) ADMINISTRATION.—Land and facilities acquired 

20 under this section— 

21 ‘‘(1) may include the property owned (as of the 

22 date of enactment of this section) by the Joshua 

23 Tree National Park Association and commonly re24 ferred to as the ‘Joshua Tree National Park Visitor 

25 Center’; 


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1 ‘‘(2) shall be administered by the Secretary as 

2 part of the park; and 

3 ‘‘(3) may be acquired only with the consent of 

4 the owner, by donation, purchase with donated or 

5 appropriated funds, or exchange.’’. 

6 SEC. 4. CALIFORNIA STATE SCHOOL LAND. 

7 Section 707 of the California Desert Protection Act 

8 of 1994 (16 U.S.C. 410aaa–77) is amended— 

9 (1) in subsection (a)— 

10 (A) in the first sentence— 

11 (i) by striking ‘‘Upon request of the 

12 California State Lands Commission (here13 inafter in this section referred to as the 

14 ‘Commission’), the Secretary shall enter 

15 into negotiations for an agreement’’ and 

16 inserting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary shall nego18 tiate in good faith to reach an agreement with the 

19 California State Lands Commission (referred to in 

20 this section as the Commission).’’; and 

21 (ii) by inserting ‘‘, national monu22 ments,’’ after ‘‘more of the wilderness 

23 areas’’; and 


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1 (B) in the second sentence, by striking 

2 ‘‘The Secretary shall negotiate in good faith to’’ 

3 and inserting the following: 

4 ‘‘(2) AGREEMENT.—To the maximum extent 

5 practicable, not later than 10 years after the date of 

6 enactment of this title, the Secretary shall’’; 

7 (2) in subsection (b)(1), by inserting ‘‘, national 

8 monuments,’’ after ‘‘wilderness areas’’; and 

9 (3) in subsection (c), by adding at the end the 

10 following: 

11 ‘‘(5) SPECIAL DEPOSIT FUND ACCOUNT.— 

12 ‘‘(A) IN GENERAL.—Assembled land ex13 changes may be used to carry out this section 

14 through the sale of surplus Federal property 

15 and subsequent acquisitions of State school 

16 land. 

17 ‘‘(B) RECEIPTS.—Past and future receipts 

18 from the sale of property described in sub19 section (a), less any costs incurred related to 

20 the sale, shall be deposited in a Special Deposit 

21 Fund Account established in the Treasury. 

22 ‘‘(C) USE.—Funds accumulated in the 

23 Special Deposit Fund Account may be used by 

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1 quire State school lands or interest in the land 

2 consistent with this section.’’. 

3 SEC. 5. DESIGNATION OF WILD AND SCENIC RIVERS. 

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

5 U.S.C. 1274(a)) is amended— 

6 (1) in paragraph (196), by striking subpara7 graph (A) and inserting the following: 

8 ‘‘(A)(i) The approximately 1.4-mile seg9 ment of the Amargosa River in the State of 

10 California, from the private property boundary 

11 in sec. 19, T. 22 N., R. 7 E., to 100 feet down12 stream of Highway 178, to be administered by 

13 the Secretary of the Interior as a scenic river 

14 as an addition to the wild and scenic river seg15 ments of the Amargosa River on publication by 

16 the Secretary of a notice in the Federal Reg17 ister that sufficient inholdings within the 

18 boundaries of the segments have been acquired 

19 as scenic easements or in fee title to establish 

20 a manageable addition to those segments. 

21 ‘‘(ii) The approximately 6.1-mile segment 

22 of the Amargosa River in the State of Cali23 fornia, from 100 feet downstream of the State 

24 Highway 178 crossing to 100 feet upstream of 

25 the Tecopa Hot Springs Road crossing, to be 


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1 administered by the Secretary of the Interior as 

2 a scenic river.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(213) SURPRISE CANYON CREEK, CALI5 FORNIA.— 

6 ‘‘(A) IN GENERAL.—The following seg7 ments of Surprise Canyon Creek in the State of 

8 California, to be administered by the Secretary 

9 of the Interior: 

10 ‘‘(i) The approximately 5.3 miles of 

11 Surprise Canyon Creek from the con12 fluence of Frenchman’s Canyon and Water 

13 Canyon to 100 feet upstream of Chris 

14 Wicht Camp, as a wild river. 

15 ‘‘(ii) The approximately 1.8 miles of 

16 Surprise Canyon Creek from 100 feet up17 stream of Chris Wicht Camp to the south18 ern boundary of sec. 14, T. 21 N., R. 44 

19 E., as a recreational river. 

20 ‘‘(B) EFFECT ON HISTORIC MINING STRUC21 TURES.—Nothing in this paragraph affects the 

22 historic mining structures associated with the 

23 former Panamint Mining District. 

24 ‘‘(214) DEEP CREEK, CALIFORNIA.— 


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1 ‘‘(A) IN GENERAL.—The following seg2 ments of Deep Creek in the State of California, 

3 to be administered by the Secretary of Agri4 culture: 

5 ‘‘(i) The approximately 6.5-mile seg6 ment from 0.125 mile downstream of the 

7 Rainbow Dam site in sec. 33, T. 2 N., R. 

8 2 W., to 0.25 miles upstream of the Road 

9 3N34 crossing, as a wild river. 

10 ‘‘(ii) The 0.5-mile segment from 0.25 

11 mile upstream of the Road 3N34 crossing 

12 to 0.25 mile downstream of the Road 

13 3N34 crossing, as a scenic river. 

14 ‘‘(iii) The 2.5-mile segment from 0.25 

15 miles downstream of the Road 3 N. 34 

16 crossing to 0.25 miles upstream of the 

17 Trail 2W01 crossing, as a wild river. 

18 ‘‘(iv) The 0.5-mile segment from 0.25 

19 miles upstream of the Trail 2W01 crossing 

20 to 0.25 mile downstream of the Trail 

21 2W01 crossing, as a scenic river. 

22 ‘‘(v) The 10-mile segment from 0.25 

23 miles downstream of the Trail 2W01 cross24 ing to the upper limit of the Mojave dam 


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1 flood zone in sec. 17, T. 3 N., R. 3 W., as 

2 a wild river. 

3 ‘‘(vi) The 11-mile segment of Hol4 comb Creek from 100 yards downstream of 

5 the Road 3N12 crossing to .25 miles down6 stream of Holcomb Crossing, as a rec7 reational river. 

8 ‘‘(vii) The 3.5-mile segment of the 

9 Holcomb Creek from 0.25 miles down10 stream of Holcomb Crossing to the Deep 

11 Creek confluence, as a wild river. 

12 ‘‘(B) EFFECT ON SKI OPERATIONS.—Noth13 ing in this paragraph affects— 

14 ‘‘(i) the operations of the Snow Valley 

15 Ski Resort; or 

16 ‘‘(ii) the State regulation of water 

17 rights and water quality associated with 

18 the operation of the Snow Valley Ski Re19 sort. 

20 ‘‘(215) WHITEWATER RIVER, CALIFORNIA.— 

21 The following segments of the Whitewater River in 

22 the State of California, to be administered by the 

23 Secretary of Agriculture and the Secretary of the In24 terior, acting jointly: 


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1 ‘‘(A) The 5.8-mile segment of the North 

2 Fork Whitewater River from the source of the 

3 River near Mt. San Gorgonio to the confluence 

4 with the Middle Fork, as a wild river. 

5 ‘‘(B) The 6.4-mile segment of the Middle 

6 Fork Whitewater River from the source of the 

7 River to the confluence with the South Fork, as 

8 a wild river. 

9 ‘‘(C) The 1-mile segment of the South 

10 Fork Whitewater River from the confluence of 

11 the River with the East Fork to the section line 

12 between sections 32 and 33, T. 1 S., R. 2 E., 

13 as a wild river. 

14 ‘‘(D) The 1-mile segment of the South 

15 Fork Whitewater River from the section line be16 tween sections 32 and 33, T. 1 S., R. 2 E., to 

17 the section line between sections 33 and 34, T. 

18 1 S., R. 2 E., as a recreational river. 

19 ‘‘(E) The 4.9-mile segment of the South 

20 Fork Whitewater River from the section line be21 tween sections 33 and 34, T. 1 S., R. 2 E., to 

22 the confluence with the Middle Fork, as a wild 

23 river. 

24 ‘‘(F) The 5.4-mile segment of the main 

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1 fluence of the South and Middle Forks to the 

2 San Gorgonio Wilderness boundary, as a wild 

3 river. 

4 ‘‘(G) The 3.6-mile segment of the main 

5 stem of the Whitewater River from the San 

6 Gorgonio Wilderness boundary to .25 miles up7 stream of the southern boundary of section 35, 

8 T. 2 S., R. 3 E., as a recreational river.’’. 

9 SEC. 6. CONFORMING AMENDMENTS. 

10 (a) SHORT TITLE.—Section 1 of the California 

11 Desert Protection Act of 1994 (16 U.S.C. 410aaa note; 

12 Public Law 103–433) is amended by striking ‘‘1 and 2, 

13 and titles I through IX’’ and inserting ‘‘1, 2, and 3, titles 

14 I through IX, and titles XIII through XVIII’’. 

15 (b) DEFINITIONS.—The California Desert Protection 

16 Act of 1994 (Public Law 103–433; 108 Stat. 4481) is 

17 amended by inserting after section 2 the following: 

18 ‘‘SEC. 3. DEFINITIONS. 

19 ‘‘In titles XIII through XVIII: 

20 ‘‘(1) CONSERVATION AREA.—The term ‘Con21 servation Area’ means the California Desert Con22 servation Area. 

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

24 means— 


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1 ‘‘(A) with respect to land under the juris2 diction of the Secretary of the Interior, the Sec3 retary of the Interior; and 

4 ‘‘(B) with respect to land under the juris5 diction of the Secretary of Agriculture, the Sec6 retary of Agriculture. 

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

8 of California.’’. 

9 (c) ADMINISTRATION OF WILDERNESS AREAS.—Sec10 tion 103 of the California Desert Protection Act of 1994 

11 (Public Law 103–433; 108 Stat. 4481) is amended— 

12 (1) by striking subsection (d) and inserting the 

13 following: 

14 ‘‘(d) NO BUFFER ZONES.— 

15 ‘‘(1) IN GENERAL.—Congress does not intend 

16 for the designation of wilderness areas by this Act— 

17 ‘‘(A) to require the additional regulation of 

18 land adjacent to the wilderness areas; or 

19 ‘‘(B) to lead to the creation of protective 

20 perimeters or buffer zones around the wilder21 ness areas. 

22 ‘‘(2) NONWILDERNESS ACTIVITIES.—Any non23 wilderness activities (including renewable energy 

24 projects, energy transmission or telecommunications 

25 projects, mining, camping, hunting, and military acVerDate Sep 11 2014 03:52 Feb 11, 2017 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H857.IH H857

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1 tivities) in areas immediately adjacent to the bound2 ary of a wilderness area designated by this Act shall 

3 not be restricted or precluded by this Act, regardless 

4 of any actual or perceived negative impacts of the 

5 nonwilderness activities on the wilderness area, in6 cluding any potential indirect impacts of nonwilder7 ness activities conducted outside the designated wil8 derness area on the viewshed, ambient noise level, or 

9 air quality of wilderness area.’’; 

10 (2) in subsection (f), by striking ‘‘designated by 

11 this title and’’ inserting ‘‘, potential wilderness 

12 areas, special management areas, and national 

13 monuments designated by this title or titles XIII 

14 through XVIII’’; and 

15 (3) in subsection (g), by inserting ‘‘, a potential 

16 wilderness area, a special management areas, or na17 tional monument’’ before ‘‘by this Act’’. 

18 (d) JUNIPER FLATS.—Title VII of the California 

19 Desert Protection Act of 1994 (Public Law 103–433; 108 

20 Stat. 4497) is amended by adding at the end the following 

21 new section: 

22 ‘‘SEC. 712. JUNIPER FLATS. 

23 ‘‘Development of renewable energy generation facili24 ties (excluding rights-of-way or facilities for the trans25 mission of energy and telecommunication facilities and inVerDate Sep 11 2014 03:52 Feb 11, 2017 Jkt 069200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H857.IH H857

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1 frastructure) is prohibited on the approximately 28,000 

2 acres of Federal land generally depicted as ‘BLM Land 

3 Withdrawn from Energy Development and Power Genera4 tion’ on the map entitled ‘Juniper Flats’ and dated Sep5 tember 21, 2015.’’. 

6 (e) CALIFORNIA MILITARY LANDS WITHDRAWAL

7 AND OVERFLIGHTS ACT OF 1994.— 

8 (1) FINDINGS.—Section 801(b)(2) of the Cali9 fornia Military Lands Withdrawal and Overflights 

10 Act of 1994 (16 U.S.C. 410aaa–82 note; Public Law 

11 103–433) is amended by inserting ‘‘, special man12 agement areas, potential wilderness areas,’’ before 

13 ‘‘and wilderness areas’’. 

14 (2) OVERFLIGHTS; SPECIAL AIRSPACE.—Section 

15 802 of the California Military Lands Withdrawal 

16 and Overflights Act of 1994 (16 U.S.C. 410aaa–82) 

17 is amended— 

18 (A) in subsection (a), by inserting ‘‘or spe19 cial management areas’’ before ‘‘designated by 

20 this Act’’; 

21 (B) in subsection (b), by inserting ‘‘or spe22 cial management areas’’ before ‘‘designated by 

23 this Act’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— 

2 Nothing in this Act alters any authority of the Secretary 

3 of Defense to conduct military operations at installations 

4 and ranges within the California Desert Conservation 

5 Area that are authorized under any other provision of 

6 law.’’. 

7 (f) CLARIFICATION REGARDING FUNDING.—No addi8 tional funds are authorized to carry out the requirements 

9 of this Act and the amendments made by this Act. Such 

10 requirements shall be carried out using amounts otherwise 

11 authorized. 

Æ 


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