115TH CONGRESS 

2D SESSION H. R. 857 

AN ACT 

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, 
2 

•HR 857 EH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 

Sec. 5. Designation of wild and scenic rivers. 

Sec. 6. Conforming amendments. 

6 SEC. 2. CALIFORNIA OFF-ROAD RECREATION AND CON7 SERVATION. 

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

9 amended by adding at the end the following: 

10 ‘‘TITLE XIII—WILDERNESS 

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

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

13 ADMINISTERED BY THE BUREAU OF LAND MANAGE14 MENT.—In accordance with the Wilderness Act (16 U.S.C. 

15 1131 et seq.) and sections 601 and 603 of the Federal 

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

17 1781, 1782), the following land in the State is designated 

18 as wilderness areas and as components of the National 

19 Wilderness Preservation System: 

20 ‘‘(1) AVAWATZ MOUNTAINS WILDERNESS.—Cer21 tain land in the Conservation Area administered by 

22 the Director of the Bureau of Land Management, 
3 

•HR 857 EH

1 comprising approximately 91,800 acres, as generally 

2 depicted on the map entitled ‘Avawatz Mountains 

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

4 be known as the ‘Avawatz Mountains Wilderness’. 

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

6 land in the Conservation Area administered by the 

7 Director of the Bureau of Land Management, com8 prising approximately 1,250 acres, as generally de9 picted on the map entitled ‘Golden Valley Proposed 

10 Wilderness Additions’ and dated June 22, 2015, 

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

12 Valley Wilderness’. 

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

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

15 Conservation Area administered by the Director 

16 of the Bureau of Land Management, com17 prising approximately 7,870 acres, as generally 

18 depicted on the map entitled ‘Great Falls Basin 

19 Proposed Wilderness’ and dated April 29, 2015, 

20 to be known as the ‘Great Falls Basin Wilder21 ness’. 

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

23 wilderness under subparagraph (A) shall not es24 tablish a Class I Airshed under the Clean Air 

25 Act (42 U.S.C. 7401 et seq.). 
4 

•HR 857 EH

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

2 land in the Conservation Area administered by the 

3 Bureau of Land Management, comprising approxi4 mately 53,320 acres, as generally depicted on the 

5 map entitled ‘Kingston Range Proposed Wilderness 

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

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

8 Wilderness’. 

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

10 land in the Conservation Area, administered by the 

11 Bureau of Land Management, comprising approxi12 mately 79,990 acres, as generally depicted on the 

13 map entitled ‘Soda Mountains Proposed Wilderness’ 

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

15 ‘Soda Mountains Wilderness’. 

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

17 ADMINISTERED BY THE NATIONAL PARK SERVICE.—In 

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

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

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

21 the following land in the State is designated as wilderness 

22 areas and as components of the National Wilderness Pres23 ervation System: 

24 ‘‘(1) DEATH VALLEY NATIONAL PARK WILDER25 NESS ADDITIONS-NORTH EUREKA VALLEY.—Certain 
5 

•HR 857 EH

1 land in the Conservation Area administered by the 

2 Director of the National Park Service, comprising 

3 approximately 11,496 acres, as generally depicted on 

4 the map entitled ‘Death Valley National Park Pro5 posed Wilderness Area-North Eureka Valley’, num6 bered 143/100,082C, and dated October 7, 2014, 

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

8 Valley National Park Wilderness. 

9 ‘‘(2) DEATH VALLEY NATIONAL PARK WILDER10 NESS ADDITIONS-IBEX.—Certain land in the Con11 servation Area administered by the Director of the 

12 National Park Service, comprising approximately 

13 23,650 acres, as generally depicted on the map enti14 tled ‘Death Valley National Park Proposed Wilder15 ness Area-Ibex’, numbered 143/100,081C, and dated 

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

17 part of the Death Valley National Park Wilderness. 

18 ‘‘(3) DEATH VALLEY NATIONAL PARK WILDER19 NESS ADDITIONS-PANAMINT VALLEY.—Certain land 

20 in the Conservation Area administered by the Direc21 tor of the National Park Service, comprising ap22 proximately 4,807 acres, as generally depicted on the 

23 map entitled ‘Death Valley National Park Proposed 

24 Wilderness Area-Panamint Valley’, numbered 143/ 

25 100,083C, and dated October 7, 2014, which shall 
6 

•HR 857 EH

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

3 ‘‘(4) DEATH VALLEY NATIONAL PARK WILDER4 NESS ADDITIONS-WARM SPRINGS.—Certain land in 

5 the Conservation Area administered by the Director 

6 of the National Park Service, comprising approxi7 mately 10,485 acres, as generally depicted on the 

8 map entitled ‘Death Valley National Park Proposed 

9 Wilderness Area-Warm Spring Canyon/Galena Can10 yon’, numbered 143/100,084C, and dated October 7, 

11 2014, which shall be considered to be a part of the 

12 Death Valley National Park Wilderness. 

13 ‘‘(5) DEATH VALLEY NATIONAL PARK WILDER14 NESS ADDITIONS-AXE HEAD.—Certain land in the 

15 Conservation Area administered by the Director of 

16 the National Park Service, comprising approximately 

17 8,638 acres, as generally depicted on the map enti18 tled ‘Death Valley National Park Proposed Wilder19 ness Area-Axe Head’, numbered 143/100,085C, and 

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

21 be a part of the Death Valley National Park Wilder22 ness. 

23 ‘‘(6) DEATH VALLEY NATIONAL PARK WILDER24 NESS ADDITIONS-BOWLING ALLEY.—Certain land in 

25 the Conservation Area administered by the Director 
7 

•HR 857 EH

1 of the Bureau of Land Management, comprising ap2 proximately 28,923 acres, as generally depicted on 

3 the map entitled ‘Death Valley National Park Pro4 posed Wilderness Area-Bowling Alley’, numbered 

5 143/128,606, and dated May 14, 2015, which shall 

6 be considered to be a part of the Death Valley Na7 tional Park Wilderness. 

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

9 ADMINISTERED BY THE FOREST SERVICE.— 

10 ‘‘(1) IN GENERAL.—In accordance with the Wil11 derness Act (16 U.S.C. 1131 et seq.), the land in 

12 the State described in paragraph (2) is designated 

13 as a wilderness area and as a component of the Na14 tional Wilderness Preservation System. 

15 ‘‘(2) DESCRIPTION OF LAND.—The land re16 ferred to in paragraph (1) is certain land in the San 

17 Bernardino National Forest, comprising approxi18 mately 7,141 acres, as generally depicted on the 

19 map entitled ‘San Gorgonio Proposed Wilderness 

20 Expansion,’ and dated November 2, 2016, which 

21 shall considered to be a part of the San Gorgonio 

22 Wilderness. 

23 ‘‘(3) FIRE MANAGEMENT AND RELATED ACTIVI24 TIES.— 
8 

•HR 857 EH

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

2 carry out such activities in the wilderness area 

3 designated by paragraph (1) as are necessary 

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

5 accordance with section 4(d)(1) of the Wilder6 ness Act (16 U.S.C. 1133(d)(1)) and House 

7 Report 98–40 of the 98th Congress. 

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

9 this subsection limits the provision of any fund10 ing for fire or fuel management in the wilder11 ness area designated by paragraph (1). 

12 ‘‘(C) REVISION AND DEVELOPMENT OF

13 LOCAL FIRE MANAGEMENT PLANS.—As soon as 

14 practicable after the date of enactment of this 

15 title, the Secretary shall amend the local fire 

16 management plans that apply to the wilderness 

17 area designated by paragraph (1). 

18 ‘‘(D) ADMINISTRATION.—In accordance 

19 with subparagraph (A) and other applicable 

20 Federal law, to ensure a timely and efficient re21 sponse to fire emergencies in the wilderness 

22 area designated by paragraph (1), the Secretary 

23 shall— 

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

25 date of enactment of this title, establish 
9 

•HR 857 EH

1 agency approval procedures (including ap2 propriate delegations of authority to the 

3 Forest Supervisor, District Manager, or 

4 other agency officials) for responding to 

5 fire emergencies in the wilderness area des6 ignated by paragraph (1); and 

7 ‘‘(ii) enter into agreements with ap8 propriate State or local firefighting agen9 cies relating to that wilderness area. 

10 ‘‘SEC. 1302. MANAGEMENT. 

11 ‘‘(a) ADJACENT MANAGEMENT.— 

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

13 any protective perimeter or buffer zone around the 

14 wilderness areas designated by section 1301. 

15 ‘‘(2) ACTIVITIES OUTSIDE WILDERNESS

16 AREAS.— 

17 ‘‘(A) IN GENERAL.—The fact that an ac18 tivity (including military activities) or use on 

19 land outside a wilderness area designated by 

20 section 1301 can be seen or heard within the 

21 wilderness area shall not preclude or restrict 

22 the activity or use outside the boundary of the 

23 wilderness area. 

24 ‘‘(B) EFFECT ON NONWILDERNESS ACTIVI25 TIES.— 
10 

•HR 857 EH

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

2 proceeding (including a review under the 

3 National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321 et seq.)) conducted 

5 with respect to a project described in 

6 clause (ii) that is formally initiated 

7 through a notice in the Federal Register 

8 before December 31, 2013, the consider9 ation of any visual, noise, or other impacts 

10 of the project on a wilderness area des11 ignated by section 1301 shall be conducted 

12 based on the status of the area before des13 ignation as wilderness. 

14 ‘‘(ii) DESCRIPTION OF PROJECTS.—A 

15 project referred to in clause (i) is a renew16 able energy project or associated energy 

17 transport facility project— 

18 ‘‘(I) for which the Bureau of 

19 Land Management has received a 

20 right-of-way use application on or be21 fore the date of enactment of this 

22 title; and 

23 ‘‘(II) that is located outside the 

24 boundary of a wilderness area des25 ignated by section 1301. 
11 

•HR 857 EH

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

2 in this title requires additional regulation of activi3 ties on land outside the boundary of the wilderness 

4 areas. 

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

6 Nothing in this title alters any authority of the Sec7 retary of Defense to conduct any military operations 

8 at desert installations, facilities, and ranges of the 

9 State that are authorized under any other provision 

10 of law. 

11 ‘‘(5) EFFECT ON UTILITY FACILITIES AND

12 RIGHTS-OF-WAY.— 

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

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

15 the renewal or reauthorization of any valid ex16 isting right-of-way or customary operation, 

17 maintenance, repair, upgrading, or replacement 

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

19 permitted to the Southern California Edison 

20 Company or predecessors, successors, or assigns 

21 of the Southern California Edison Company 

22 that is located on land included in the San 

23 Gorgonio Wilderness Area or the Sand to Snow 

24 National Monument. 
12 

•HR 857 EH

1 ‘‘(B) LIMITATION.—The activities de2 scribed in subparagraph (A) shall be conducted 

3 in accordance with the Wilderness Act (16 

4 U.S.C. 1131 et seq.) for the San Gorgonio Wil5 derness Area and in a manner compatible with 

6 the protection of objects and values for which 

7 the Sand to Snow National Monument was des8 ignated. 

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

10 with the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.), any approval re12 quired for an increase in the voltage of the 

13 Coachella distribution circuit shall require con14 sideration of alternative alignments, including 

15 alignments adjacent to State Route 62. 

16 ‘‘(b) MAPS; LEGAL DESCRIPTIONS.— 

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

18 after the date of enactment of this title, the Sec19 retary shall file a map and legal description of each 

20 wilderness area and wilderness addition designated 

21 by section 1301 with— 

22 ‘‘(A) the Committee on Natural Resources 

23 of the House of Representatives; and 

24 ‘‘(B) the Committee on Energy and Nat25 ural Resources of the Senate. 
13 

•HR 857 EH

1 ‘‘(2) FORCE OF LAW.—A map and legal de2 scription filed under paragraph (1) shall have the 

3 same force and effect as if included in this title, ex4 cept that the Secretary may correct errors in the 

5 maps and legal descriptions. 

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

7 legal description filed under paragraph (1) shall be 

8 filed and made available for public inspection in the 

9 appropriate office of the Secretary. 

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

11 rights, the land designated as wilderness or as a wilder12 ness addition by section 1301 shall be administered by the 

13 Secretary in accordance with this Act and the Wilderness 

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

15 in that Act to the Secretary of Agriculture shall also be 

16 considered to be a reference to the Secretary of the Inte17 rior, and any reference to the effective date shall be con18 sidered to be a reference to the date of enactment of this 

19 title. 

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

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

22 section 603 of the Federal Land Policy and Management 

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

24 study area described in subsection (b) that is not des25 ignated as a wilderness area or wilderness addition by sec-
14 

•HR 857 EH

1 tion 1301 or any other Act enacted before the date of en2 actment of this title has been adequately studied for wil3 derness. 

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

5 areas referred to in subsection (a) are— 

6 ‘‘(1) the Cady Mountains Wilderness Study 

7 Area; 

8 ‘‘(2) the Kingston Range Wilderness Study 

9 Area; 

10 ‘‘(3) the Avawatz Mountain Wilderness Study 

11 Area; 

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

13 and Wilderness Study Area; 

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

15 Area; and 

16 ‘‘(6) the Soda Mountains Wilderness Study 

17 Area. 

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

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

20 a wilderness area or wilderness addition by section 1301 

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

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

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

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

25 this section, the term ‘cherry-stemmed road’ means a road 
15 

•HR 857 EH

1 or trail that is excluded from a wilderness area or wilder2 ness addition designated by section 202 by a non-wilder3 ness corridor having designated wilderness on both sides, 

4 as generally depicted on the maps described in such sec5 tion. 

6 ‘‘(b) PROHIBITION ON CLOSURE OR TRAVEL RE7 STRICTIONS ON CHERRY-STEMMED ROADS.—The Sec8 retary concerned shall not— 

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

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

11 of this Act; 

12 ‘‘(2) prohibit motorized access on a cherry13 stemmed road that is open to the public for motor14 ized access as of the date of the enactment of this 

15 Act; or 

16 ‘‘(3) prohibit mechanized access on a cherry17 stemmed road that is open to the public for mecha18 nized access as of the date of the enactment of this 

19 Act. 

20 ‘‘(c) RESOURCE PROTECTION OR PUBLIC SAFETY

21 EXCEPTIONS.—Subsection (b) shall not apply to a cherry22 stemmed road if the Secretary concerned determines that 

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

24 is necessary for purposes of significant resource protection 

25 or public safety. 
16 

•HR 857 EH

1 ‘‘SEC. 1305. DESIGNATION OF POTENTIAL WILDERNESS 

2 AREA. 

3 ‘‘(a) IN GENERAL.—Certain land administered by the 

4 National Park Service, comprising approximately 1 acre 

5 as generally depicted on the map entitled ‘Proposed Poten6 tial Wilderness, Mormon Peak Microwave Facility, Death 

7 Valley National Park’ and dated March 1, 2018, is des8 ignated as a potential wilderness area. 

9 ‘‘(b) USES.—The Secretary shall permit only the uses 

10 on the land described in subsection (a) that were per11 mitted on the date of enactment of the California Desert 

12 Protection Act of 1994 (Public Law 103–433). 

13 ‘‘(c) REESTABLISHMENT OF WILDERNESS DESIGNA14 TION.— 

15 ‘‘(1) NOTICE.—The Secretary shall publish a 

16 notice in the Federal Register when the Secretary 

17 determines that— 

18 ‘‘(A) the communications site within the 

19 potential wilderness area designated under sub20 section (a) is no longer used; 

21 ‘‘(B) the associated right-of-way is relin22 quished or not renewed; and 

23 ‘‘(C) the conditions in the potential wilder24 ness area designated by subparagraph (a) are 

25 compatible with the Wilderness Act (16 U.S.C. 

26 1131 et seq.). 
17 

•HR 857 EH

1 ‘‘(2) DESIGNATION.—Upon publication by the 

2 Secretary of the notice described in paragraph (1), 

3 the land described in subsection (a) shall be— 

4 ‘‘(A) designated as wilderness and as a 

5 component of the National Wilderness Preser6 vation System; and 

7 ‘‘(B) incorporated into the Death Valley 

8 National Park Wilderness designated by section 

9 601 of Public Law 103–433. 

10 ‘‘TITLE XIV—NATIONAL PARK 

11 SYSTEM ADDITIONS 

12 ‘‘SEC. 1401. DEATH VALLEY NATIONAL PARK BOUNDARY RE13 VISION. 

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

15 National Park is adjusted to include— 

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

17 of Land Management land in Inyo County, Cali18 fornia, abutting the southern end of the Death Val19 ley National Park that lies between Death Valley 

20 National Park to the north and Ft. Irwin Military 

21 Reservation to the south and which runs approxi22 mately 34 miles from west to east, as depicted on 

23 the map entitled ‘Death Valley National Park Pro24 posed Boundary Addition-Bowling Alley’, numbered 

25 143/128,605, and dated May 14, 2015; and 
18 

•HR 857 EH

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

2 of Land Management land in Inyo County, Cali3 fornia, located in the northeast area of Death Valley 

4 National Park that is within, and surrounded by, 

5 land under the jurisdiction of the Director of the 

6 National Park Service, as depicted on the map enti7 tled ‘Death Valley National Park Proposed Bound8 ary Addition-Crater’, numbered 143/100,079C, and 

9 dated October 7, 2014. 

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

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

12 and available for public inspection in the appropriate of13 fices of the National Park Service. 

14 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte15 rior (referred to in this title as the ‘Secretary’) shall— 

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

17 National Park under subsection (a)— 

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

19 Park; and 

20 ‘‘(B) in accordance with applicable laws 

21 (including regulations); and 

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

23 enactment of this Act, enter into a memorandum of 

24 understanding with Inyo County, California, to per25 mit operationally feasible, ongoing access and use 
19 

•HR 857 EH

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

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

3 that date along Saline Valley Road within Death 

4 Valley National Park for road maintenance and re5 pairs in accordance with applicable laws (including 

6 regulations). 

7 ‘‘(d) ENVIRONMENTAL REMEDIATION.—To ensure 

8 consistency with the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 (42 

10 U.S.C. 9601 et seq.), and Department of the Interior pol11 icy, prior to the transfer of any of the lands described in 

12 subsection (a) to the National Park Service, the land shall 

13 be fully investigated for contamination in accordance with 

14 applicable environmental due diligence standards of the 

15 disposing agency and, within 3 years from the date of en16 actment of this subsection, the disposing agency shall un17 dertake any environmental remediation or clean up activi18 ties and pay for such activities relating to facilities, land 

19 or interest in land identified for transfer. 

20 ‘‘SEC. 1402. MOJAVE NATIONAL PRESERVE. 

21 ‘‘The boundary of the Mojave National Preserve is 

22 adjusted to include the 25 acres of Bureau of Land Man23 agement land in Baker, California, as depicted on the map 

24 entitled ‘Mojave National Preserve Proposed Boundary 
20 

•HR 857 EH

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

2 2009. 

3 ‘‘SEC. 1403. JOSHUA TREE NATIONAL PARK BOUNDARY RE4 VISION. 

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

6 Tree National Park is adjusted to include— 

7 ‘‘(1) the 2,879 acres of land managed by Direc8 tor of the Bureau of Land Management that are 

9 contiguous at several different places to the northern 

10 boundaries of Joshua Tree National Park in the 

11 northwest section of the Park, as depicted on the 

12 map entitled ‘Joshua Tree National Park Proposed 

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

14 dated August 2009; and 

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

16 from the Mojave Desert Land Trust that are contig17 uous at several different places to the northern 

18 boundaries of Joshua Tree National Park in the 

19 northwest section of the Park, as depicted on the 

20 map entitled ‘Mojave Desert Land Trust National 

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

22 and dated September 2014. 

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

24 subsection (a) and the map depicting the 25 acres de25 scribed in subsection (c)(2) shall be on file and available 
21 

•HR 857 EH

1 for public inspection in the appropriate offices of the Na2 tional Park Service. 

3 ‘‘(c) ADMINISTRATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall admin5 ister any land added to the Joshua Tree National 

6 Park under subsection (a) and the additional land 

7 described in paragraph (2)— 

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

9 Park; and 

10 ‘‘(B) in accordance with applicable laws 

11 (including regulations). 

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

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

14 25 acres of land— 

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

16 Tree National Park Boundary Adjustment 

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

18 2003; 

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

20 by the notice of the Department of the Interior 

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

22 ‘‘(C) more particularly described as lots 

23 26, 27, 28, 33, and 34 in sec. 34, T. 1 N., R. 

24 8 E., San Bernardino Meridian. 
22 

•HR 857 EH

1 ‘‘(d) SOUTHERN CALIFORNIA EDISON COMPANY EN2 ERGY TRANSPORT FACILITIES AND RIGHTS-OF-WAY.— 

3 ‘‘(1) IN GENERAL.—Nothing in this title termi4 nates any valid right-of-way for the customary oper5 ation, maintenance, upgrade, repair, relocation with6 in an existing right-of-way, replacement, or other au7 thorized energy transport facility activities in a 

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

9 Southern California Edison Company or the prede10 cessors, successors, or assigns of the Southern Cali11 fornia Edison Company that is located on land de12 scribed in paragraphs (1) and (2) of subsection (a), 

13 including, at a minimum, the use of mechanized ve14 hicles, helicopters, or other aerial devices. 

15 ‘‘(2) UPGRADES AND REPLACEMENTS.—Noth16 ing in this title prohibits the upgrading or replace17 ment of— 

18 ‘‘(A) Southern California Edison Company 

19 energy transport facilities, including the energy 

20 transport facilities referred to as the Jellystone, 

21 Burnt Mountain, Whitehorn, Allegra, and Utah 

22 distribution circuits rights-of-way; or 

23 ‘‘(B) an energy transport facility in rights24 of-way issued, granted, or permitted by the Sec-
23 

•HR 857 EH

1 retary adjacent to Southern California Edison 

2 Joshua Tree Utility Facilities. 

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

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

5 of this title or the issuance of a new energy trans6 port facility right-of-way within the Joshua Tree Na7 tional Park, whichever is earlier, the Secretary, in 

8 consultation with the Southern California Edison 

9 Company, shall publish plans for regular and emer10 gency access by the Southern California Edison 

11 Company to the rights-of-way of the Southern Cali12 fornia Edison Company within Joshua Tree Na13 tional Park. 

14 ‘‘TITLE XV—OFF-HIGHWAY 

15 VEHICLE RECREATION AREAS 

16 ‘‘SEC. 1501. DESIGNATION OF OFF-HIGHWAY VEHICLE 

17 RECREATION AREAS. 

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

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

20 1701 et seq.) and resource management plans developed 

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

22 land within the Conservation Area in San Bernardino 

23 County, California, is designated as Off-Highway Vehicle 

24 Recreation Areas: 
24 

•HR 857 EH

1 ‘‘(1) DUMONT DUNES OFF-HIGHWAY VEHICLE

2 RECREATION AREA.—Certain Bureau of Land Man3 agement land in the Conservation Area, comprising 

4 approximately 7,630 acres, as generally depicted on 

5 the map entitled ‘Dumont Dunes OHV Recreation 

6 Area’ and dated February 22, 2018, which shall be 

7 known as the ‘Dumont Dunes Off-Highway Vehicle 

8 Recreation Area’. 

9 ‘‘(2) EL MIRAGE OFF-HIGHWAY VEHICLE

10 RECREATION AREA.—Certain Bureau of Land Man11 agement land in the Conservation Area, comprising 

12 approximately 14,930 acres, as generally depicted on 

13 the map entitled ‘El Mirage Proposed OHV Recre14 ation Area’ and dated February 22, 2018, which 

15 shall be known as the ‘El Mirage Off-Highway Vehi16 cle Recreation Area’. 

17 ‘‘(3) RASOR OFF-HIGHWAY VEHICLE RECRE18 ATION AREA.—Certain Bureau of Land Management 

19 land in the Conservation Area, comprising approxi20 mately 23,910 acres, as generally depicted on the 

21 map entitled ‘Rasor Proposed OHV Recreation Area’ 

22 and dated March 9, 2018, which shall be known as 

23 the ‘Rasor Off-Highway Vehicle Recreation Area’. 

24 ‘‘(4) SPANGLER HILLS OFF-HIGHWAY VEHICLE

25 RECREATION AREA.—Certain Bureau of Land Man-
25 

•HR 857 EH

1 agement land in the Conservation Area, comprising 

2 approximately 56,140 acres, as generally depicted on 

3 the map entitled ‘Spangler Hills Proposed OHV 

4 Recreation Area’ and dated March 9, 2018, which 

5 shall be known as the ‘Spangler Hills Off-Highway 

6 Vehicle Recreation Area’. 

7 ‘‘(5) STODDARD VALLEY OFF-HIGHWAY VEHI8 CLE RECREATION AREA.—Certain Bureau of Land 

9 Management land in the Conservation Area, com10 prising approximately 40,110 acres, as generally de11 picted on the map entitled ‘Stoddard Valley Pro12 posed OHV Recreation Area’ and dated March 9, 

13 2018, which shall be known as the ‘Stoddard Valley 

14 Off-Highway Vehicle Recreation Area’. 

15 ‘‘(b) EXPANSION OF JOHNSON VALLEY OFF-HIGH16 WAY VEHICLE RECREATION AREA.—The Johnson Valley 

17 Off-Highway Vehicle Recreation Area designated by sec18 tion 2945 of the Military Construction Authorization Act 

19 for Fiscal Year 2014 (division B of Public Law 113–66; 

20 127 Stat. 1038) is expanded to include all of the land, 

21 approximately 11,300 acres, depicted as the ‘Proposed 

22 Johnson Valley Off-Highway Vehicle Recreation Area Ad23 ditions’ on the map entitled ‘Johnson Valley Off-Highway 

24 Vehicle Recreation Area’ and dated March 15, 2018. 
26 

•HR 857 EH

1 ‘‘(c) PURPOSE.—The purpose of the off-highway ve2 hicle recreation areas designated or expanded under sub3 sections (a) and (b) is to preserve and enhance the rec4 reational opportunities within the Conservation Area (in5 cluding opportunities for off-highway vehicle recreation), 

6 while conserving the wildlife and other natural resource 

7 values of the Conservation Area. 

8 ‘‘(d) MAPS AND DESCRIPTIONS.— 

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

10 as practicable after the date of enactment of this 

11 title, the Secretary shall file a map and legal de12 scription of each off-highway vehicle recreation area 

13 designated or expanded by subsections (a) or (b) 

14 with— 

15 ‘‘(A) the Committee on Natural Resources 

16 of the House of Representatives; and 

17 ‘‘(B) the Committee on Energy and Nat18 ural Resources of the Senate. 

19 ‘‘(2) LEGAL EFFECT.—The map and legal de20 scriptions of the off-highway vehicle recreation areas 

21 filed under paragraph (1) shall have the same force 

22 and effect as if included in this title, except that the 

23 Secretary may correct errors in the map and legal 

24 descriptions. 
27 

•HR 857 EH

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 offices of the Bureau of Land Manage5 ment. 

6 ‘‘(e) USE OF THE LAND.— 

7 ‘‘(1) RECREATIONAL ACTIVITIES.— 

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

9 continue to authorize, maintain, and enhance 

10 the recreational uses of the off-highway vehicle 

11 recreation areas designated or expanded by sub12 sections (a) and (b), including, but not limited 

13 to off-highway recreation, hiking, camping, 

14 hunting, mountain biking, sightseeing, 

15 rockhounding, and horseback riding, as long as 

16 the recreational use is consistent with this sec17 tion, the protection of public health and safety, 

18 and any other applicable law. 

19 ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF20 HIGHWAY RECREATION.—To the extent con21 sistent with applicable Federal law (including 

22 regulations) and this section, any authorized 

23 recreation activities and use designations in ef24 fect on the date of enactment of this title and 

25 applicable to the off-highway vehicle recreation 
28 

•HR 857 EH

1 areas designated or expanded by subsections (a) 

2 and (b) shall continue, including casual off3 highway vehicular use, racing, competitive 

4 events, rock crawling, training, and other forms 

5 of off-highway recreation. 

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

7 shall be allowed in the off-highway vehicle recreation 

8 areas designated by subsection (a) in accordance 

9 with— 

10 ‘‘(A) applicable Bureau of Land Manage11 ment guidelines; and 

12 ‘‘(B) State law. 

13 ‘‘(3) PROHIBITED USES.— 

14 ‘‘(A) IN GENERAL.—Permanent commer15 cial development (including development of en16 ergy facilities, but excluding energy transport 

17 facilities, rights-of-way, and related tele18 communication facilities) shall be prohibited in 

19 the off-highway vehicle recreation areas des20 ignated or expanded by subsections (a) and (b) 

21 if the Secretary determines that the develop22 ment is incompatible with the purpose of this 

23 title. 

24 ‘‘(B) EXCEPTION FOR TEMPORARY PER25 MITTED VENDORS.—Subparagraph (A) does not 
29 

•HR 857 EH

1 prohibit a commercial vendor from establishing, 

2 pursuant to a temporary permit, a site in the 

3 off-highway vehicle recreation areas for the pur4 pose of providing accessories and other support 

5 for off-highway vehicles and vehicles used for 

6 accessing the area. 

7 ‘‘(f) ADMINISTRATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall admin9 ister the off-highway vehicle recreation areas des10 ignated or expanded by subsections (a) and (b) in 

11 accordance with— 

12 ‘‘(A) this title; 

13 ‘‘(B) the Federal Land Policy and Man14 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

15 and 

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

17 regulations). 

18 ‘‘(2) MANAGEMENT PLAN.— 

19 ‘‘(A) IN GENERAL.—As soon as prac20 ticable, but not later than 3 years after the date 

21 of enactment of this title, the Secretary will 

22 evaluate and determine if current land use 

23 plans meet the intent of this Act. If not, the 

24 Secretary shall— 
30 

•HR 857 EH

1 ‘‘(i) amend existing resource manage2 ment plans applicable to the land des3 ignated as off-highway vehicle recreation 

4 areas under subsection (a); or 

5 ‘‘(ii) develop new activity plans for 

6 each off-highway vehicle recreation area 

7 designated under that subsection. 

8 ‘‘(B) REQUIREMENTS.—All new or amend9 ed plans under subparagraph (A) shall be de10 signed to preserve and enhance safe off-highway 

11 vehicle and other recreational opportunities 

12 within the applicable recreation area consistent 

13 with— 

14 ‘‘(i) the purpose described in sub15 section (c); and 

16 ‘‘(ii) any applicable laws (including 

17 regulations). 

18 ‘‘(C) INTERIM PLANS.—Pending comple19 tion of a new activity plan under subparagraph 

20 (A), the existing resource management plans 

21 shall govern the use of the applicable off-high22 way vehicle recreation area. 

23 ‘‘(g) STUDY.— 

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

25 not later than 2 years after the date of enactment 
31 

•HR 857 EH

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

2 identify Bureau of Land Management land within 

3 the Conservation Area that is suitable for addition 

4 to— 

5 ‘‘(A) the off-highway vehicle recreation 

6 areas designated by subsections (a) and (b); or 

7 ‘‘(B) the Johnson Valley Off-Highway Ve8 hicle Recreation Area designated by section 

9 2945 of the National Defense Authorization Act 

10 for Fiscal Year 2014 (Public Law 113–66; 127 

11 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 OHV Recreation Area’ and dated March 9, 

19 2018; 

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 OHV 

24 Recreation Area’ and dated February 22, 2018; 

25 and 
32 

•HR 857 EH

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 Off-High5 way Vehicle Recreation Area’ and dated March 

6 15, 2018. 

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 
33 

•HR 857 EH

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 off-highway vehicle recreation area 

6 described in subsection (a)(3) to include 

7 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 Off-Highway Vehicle Recreation Area; 

13 ‘‘(C) identify and exclude from consider14 ation any land that— 

15 ‘‘(i) is managed for conservation pur16 poses; 

17 ‘‘(ii) is identified as critical habitat 

18 for a listed species; 

19 ‘‘(iii) may be suitable for renewable 

20 energy development; or 

21 ‘‘(iv) may be necessary for energy 

22 transmission; and 

23 ‘‘(D) not recommend or approve expansion 

24 of off-highway vehicle recreation areas within 

25 the Conservation Area that collectively would 
34 

•HR 857 EH

1 exceed the total acres administratively des2 ignated for off-highway recreation within the 

3 Conservation Area as of the day before the date 

4 of enactment of the National Defense Author5 ization Act for Fiscal Year 2014 (Public Law 

6 113–66; 127 Stat. 672). 

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

8 consider the information and recommendations of 

9 the study completed under paragraph (1) to deter10 mine the impacts of expanding off-highway vehicle 

11 recreation areas designated by subsection (a) on the 

12 Conservation Area, in accordance with— 

13 ‘‘(A) the National Environmental Policy 

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

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

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

17 ‘‘(C) applicable regulations and plans, in18 cluding the Desert Renewable Energy Conserva19 tion Plan Land Use Plan Amendment; and 

20 ‘‘(D) any other applicable law. 

21 ‘‘(5) SUBMISSION TO CONGRESS.—On comple22 tion of the study under paragraph (1), the Secretary 

23 shall submit the study to— 

24 ‘‘(A) the Committee on Natural Resources 

25 of the House of Representatives; and 
35 

•HR 857 EH

1 ‘‘(B) the Committee on Energy and Nat2 ural Resources of the Senate. 

3 ‘‘(6) AUTHORIZATION FOR EXPANSION.— 

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

5 study under paragraph (1) and in accordance 

6 with all applicable laws (including regulations), 

7 the Secretary shall authorize the expansion of 

8 the off-highway vehicle recreation areas rec9 ommended under the study. 

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

11 expanded areas under subparagraph (A) shall 

12 be managed in accordance with this section. 

13 ‘‘(h) SOUTHERN CALIFORNIA EDISON COMPANY

14 UTILITY FACILITIES AND RIGHTS-OF-WAY.— 

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

16 title— 

17 ‘‘(A) terminates any validly issued right-of18 way for the customary operation, maintenance, 

19 upgrade, repair, relocation within an existing 

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

21 energy transport facility activities (including the 

22 use of any mechanized vehicle, helicopter, and 

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

24 granted, or permitted to Southern California 

25 Edison Company (including any predecessor or 
36 

•HR 857 EH

1 successor in interest or assign) that is located 

2 on land included in— 

3 ‘‘(i) the El Mirage Off-Highway Vehi4 cle Recreation Area; 

5 ‘‘(ii) the Spangler Hills Off-Highway 

6 Vehicle Recreation Area; or 

7 ‘‘(iii) the Stoddard Valley Off High8 way Vehicle Recreation Area; 

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

10 selection, right-of-way acquisition, or construc11 tion of the Coolwater-Lugo transmission 

12 project, as may be approved by the California 

13 Public Utilities Commission and the Bureau of 

14 Land Management; or 

15 ‘‘(C) prohibits the upgrading or replace16 ment of any Southern California Edison Com17 pany— 

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

19 utility facility known on the date of enact20 ment of this title as— 

21 ‘‘(I) ‘Gale-PS 512 transmission 

22 lines or rights-of-way’; and 

23 ‘‘(II) ‘Patio, Jack Ranch, and 

24 Kenworth distribution circuits or 

25 rights-of-way’; and 
37 

•HR 857 EH

1 ‘‘(ii) energy transport facility in a 

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

3 by the Secretary adjacent to a utility facil4 ity referred to in clause (i). 

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

6 consultation with the Southern California Edison 

7 Company, shall publish plans for regular and emer8 gency access by the Southern California Edison 

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

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

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

12 and 

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

14 transport facility right-of-way within— 

15 ‘‘(i) the El Mirage Off-Highway Vehi16 cle Recreation Area; 

17 ‘‘(ii) the Spangler Hills Off-Highway 

18 Vehicle Recreation Area; or 

19 ‘‘(iii) the Stoddard Valley Off High20 way Vehicle Recreation Area. 

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

22 FACILITIES AND RIGHTS-OF-WAY.— 

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

24 title— 
38 

•HR 857 EH

1 ‘‘(A) terminates any validly issued right-of2 way for the customary operation, maintenance, 

3 upgrade, repair, relocation within an existing 

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

5 activity (including the use of any mechanized 

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

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

8 Pacific Gas and Electric Company (including 

9 any predecessor or successor in interest or as10 sign) that is located on land included in the 

11 Spangler Hills Off-Highway Vehicle Recreation 

12 Area; or 

13 ‘‘(B) prohibits the upgrading or replace14 ment of any— 

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

16 and Electric Company, including those 

17 utility facilities known on the date of en18 actment of this title as— 

19 ‘‘(I) Gas Transmission Line 311 

20 or rights-of-way; and 

21 ‘‘(II) Gas Transmission Line 372 

22 or rights-of-way; and 

23 ‘‘(ii) utility facilities of the Pacific 

24 Gas and Electric Company in rights-of-way 

25 issued, granted, or permitted by the Sec-
39 

•HR 857 EH

1 retary adjacent to a utility facility referred 

2 to in clause (i). 

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

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

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

6 the Spangler Hills Off-Highway Vehicle Recreation 

7 Area, whichever is later, the Secretary, in consulta8 tion with the Pacific Gas and Electric Company, 

9 shall publish plans for regular and emergency access 

10 by the Pacific Gas and Electric Company to the 

11 rights-of-way of the Pacific Gas and Electric Com12 pany. 

13 ‘‘TITLE XVI—ALABAMA HILLS 

14 NATIONAL SCENIC AREA 

15 ‘‘SEC. 1601. DEFINITIONS. 

16 ‘‘In this title: 

17 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage18 ment plan’ means the management plan for the Na19 tional Scenic Area developed under section 1603(a). 

20 ‘‘(2) MAP.—The term ‘Map’ means the map ti21 tled ‘Proposed Alabama Hills National Scenic Area’, 

22 dated September 8, 2014. 

23 ‘‘(3) MOTORIZED VEHICLES.—The term ‘motor24 ized vehicles’ means motorized or mechanized vehi25 cles and includes, when used by utilities, mechanized 
40 

•HR 857 EH

1 equipment, helicopters, and other aerial devices nec2 essary to maintain electrical or communications in3 frastructure. 

4 ‘‘(4) NATIONAL SCENIC AREA.—The term ‘Na5 tional Scenic Area’ means the Alabama Hills Na6 tional Scenic Area established by section 1602(a). 

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

8 the Secretary of the Interior. 

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

10 of California. 

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

12 Pine Paiute-Shoshone. 

13 ‘‘(8) UTILITY FACILITY.—The term ‘utility fa14 cility’ means any and all existing and future water 

15 system facilities including aqueducts, streams, 

16 ditches, and canals; water facilities including, but 

17 not limited to, flow measuring stations, gauges, 

18 gates, valves, piping, conduits, fencing, and electrical 

19 power and communications devices and systems; and 

20 any and all existing and future electric generation 

21 facilities, electric storage facilities, overhead and/or 

22 underground electrical supply systems and commu23 nication systems consisting of electric substations, 

24 electric lines, poles and towers made of various ma25 terials, ‘H’ frame structures, guy wires and anchors, 
41 

•HR 857 EH

1 crossarms, wires, underground conduits, cables, 

2 vaults, manholes, handholes, above-ground enclo3 sures, markers and concrete pads and other fixtures, 

4 appliances and communication circuits, and other 

5 fixtures, appliances and appurtenances connected 

6 therewith necessary or convenient for the construc7 tion, operation, regulation, control, grounding and 

8 maintenance of electric generation, storage, lines 

9 and communication circuits, for the purpose of 

10 transmitting intelligence and generating, storing, 

11 distributing, regulating and controlling electric en12 ergy to be used for light, heat, power, communica13 tion, and other purposes. 

14 ‘‘SEC. 1602. ALABAMA HILLS NATIONAL SCENIC AREA, CALI15 FORNIA. 

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

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

18 Alabama Hills National Scenic Area. The National Scenic 

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

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

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

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

23 use, and enjoyment of present and future generations the 

24 nationally significant scenic, cultural, geological, edu25 cational, biological, historical, recreational, cinemato-
42 

•HR 857 EH

1 graphic, and scientific resources of the National Scenic 

2 Area managed consistent with section 302(a) of the Fed3 eral Land Policy and Management Act of 1976 (43 U.S.C. 

4 1732(a)). 

5 ‘‘(c) MAP; LEGAL DESCRIPTION.— 

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

7 after the date of enactment of this Act, the Sec8 retary shall file a map and a legal description of the 

9 National Scenic Area with— 

10 ‘‘(A) the Committee on Energy and Nat11 ural Resources of the Senate; and 

12 ‘‘(B) the Committee on Natural Resources 

13 of the House of Representatives. 

14 ‘‘(2) FORCE OF LAW.—The map and legal de15 scriptions filed under paragraph (1) shall have the 

16 same force and effect as if included in this Act, ex17 cept that the Secretary may correct any clerical and 

18 typographical errors in the map and legal descrip19 tions. 

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

21 legal description filed under paragraph (1) shall be 

22 on file and available for public inspection in the ap23 propriate offices of the Forest Service and Bureau 

24 of Land Management. 
43 

•HR 857 EH

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

2 the National Scenic Area— 

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

4 Conservation System; 

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

6 operations and maintenance of any activities associ7 ated with valid, existing rights, including water 

8 rights; 

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

10 enhances the resources and values of the National 

11 Scenic Area described in subsection (b); and 

12 ‘‘(4) in accordance with— 

13 ‘‘(A) the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

15 ‘‘(B) this Act; and 

16 ‘‘(C) any other applicable laws. 

17 ‘‘(e) MANAGEMENT.— 

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

19 only such uses of the National Scenic Area as the 

20 Secretary determines would support the purposes of 

21 the National Scenic Area as described in subsection 

22 (b). 

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

24 otherwise provided in this Act or other applicable 

25 law, or as the Secretary determines to be necessary 
44 

•HR 857 EH

1 for public health and safety, the Secretary shall 

2 allow existing recreational uses of the National Sce3 nic Area to continue, including, but not limited to, 

4 hiking, mountain biking, rock climbing, sightseeing, 

5 horseback riding, hunting, fishing, and appropriate 

6 authorized motorized vehicle use. 

7 ‘‘(3) MOTORIZED VEHICLES.—Except as speci8 fied within this Act and/or in cases in which motor9 ized vehicles are needed for administrative purposes, 

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

11 vehicles in the National Scenic Area shall be per12 mitted only on— 

13 ‘‘(A) roads and trails designated by the Di14 rector of the Bureau of Land Management for 

15 use of motorized vehicles as part of a manage16 ment plan sustaining a semi-primitive motorized 

17 experience; or 

18 ‘‘(B) on county-maintained roads in ac19 cordance with applicable State and county laws. 

20 ‘‘(f) NO BUFFER ZONES.— 

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

22 a protective perimeter or buffer zone around the Na23 tional Scenic Area. 

24 ‘‘(2) ACTIVITIES OUTSIDE NATIONAL SCENIC

25 AREA.—The fact that an activity or use on land out-
45 

•HR 857 EH

1 side the National Scenic Area can be seen or heard 

2 within the National Scenic Area shall not preclude 

3 the activity or use outside the boundaries of the Na4 tional Scenic Area. 

5 ‘‘(g) ACCESS.—The Secretary shall continue to pro6 vide private landowners adequate access to inholdings in 

7 the National Scenic Area. 

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

9 (including commercial film production, student filming, 

10 and still photography) within the National Scenic Area— 

11 ‘‘(1) subject to— 

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

13 and practices as the Secretary considers to be 

14 necessary; and 

15 ‘‘(B) applicable law; and 

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

17 described in subsection (b). 

18 ‘‘(i) FISH AND WILDLIFE.—Nothing in this Act af19 fects the jurisdiction or responsibilities of the State with 

20 respect to fish and wildlife. 

21 ‘‘(j) LIVESTOCK.—The grazing of livestock in the Na22 tional Scenic Area, including grazing under the Alabama 

23 Hills allotment and the George Creek allotment, as estab24 lished before the date of enactment of this Act, shall be 

25 permitted to continue— 
46 

•HR 857 EH

1 ‘‘(1) subject to— 

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

3 and practices as the Secretary considers to be 

4 necessary; and 

5 ‘‘(B) applicable law; and 

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

7 described in subsection (b). 

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

9 precludes flights over the National Scenic Area or over10 flights that can be seen or heard within the National Sce11 nic Area, including— 

12 ‘‘(1) transportation, sightseeing and filming 

13 flights, general aviation planes, helicopters, hang14 gliders, and balloonists, for commercial or rec15 reational purposes; 

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

17 ‘‘(3) flight testing and evaluation; 

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

19 special use airspace, or the establishment of military 

20 flight training routes, over the National Scenic Area; 

21 or 

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

23 helicopters and other aerial devices within valid 

24 rights-of-way to construct or maintain energy trans25 port facilities. 
47 

•HR 857 EH

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

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

3 this Act, including rights established by prior withdrawals, 

4 the Federal land within the National Scenic Area is with5 drawn from all forms of— 

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

7 public land laws; 

8 ‘‘(2) location, entry, and patent under the min9 ing laws; and 

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

11 mineral and geothermal leasing or mineral materials. 

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

13 this Act prohibits the Secretary, in cooperation with other 

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

15 conducting wildland fire operations in the National Scenic 

16 Area, consistent with the purposes described in subsection 

17 (b). 

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

19 Secretary may make grants to, or enter into cooperative 

20 agreements with, State, tribal, and local governmental en21 tities and private entities to conduct research, interpreta22 tion, or public education or to carry out any other initia23 tive relating to the restoration, conservation, or manage24 ment of the National Scenic Area. 
48 

•HR 857 EH

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

2 modifies any standard governing air or water quality out3 side of the boundaries of the National Scenic Area. 

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

5 ‘‘(1) Nothing in this Act shall— 

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

7 maintenance (including but not limited to vege8 tation control), repair, construction, reconfig9 uration, expansion, inspection, renewal, recon10 struction, alteration, addition, relocation, im11 provement, funding, removal, or replacement of 

12 utility facilities or appurtenant rights-of-way 

13 within or adjacent to the National Scenic Area; 

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

15 utility facilities or rights-of-way within or adja16 cent to the National Scenic Area subject to sub17 section (e); or 

18 ‘‘(C) preclude the Secretary from author19 izing the establishment of new utility facility 

20 rights-of-way (including instream sites, routes, 

21 and areas) within the National Scenic Area in 

22 a manner that minimizes harm to the purpose 

23 of the National Scenic Area as described in sub24 section (b)— 
49 

•HR 857 EH

1 ‘‘(i) with the National Environmental 

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

3 seq.) and any other applicable law; 

4 ‘‘(ii) subject to such terms and condi5 tions as the Secretary determines to be ap6 propriate; and 

7 ‘‘(iii) are determined, by the Sec8 retary, to be the only technical or feasible 

9 location, following consideration of alter10 natives within existing rights-of-way or 

11 outside of the National Scenic Area. 

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

13 this Act, the Management Plan shall establish plans 

14 for maintenance of public utility and other rights-of15 way within the National Scenic Area. 

16 ‘‘SEC. 1603. MANAGEMENT PLAN. 

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

18 date of enactment of this Act, in accordance with sub19 section (b), the Secretary shall develop a comprehensive 

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

21 Area. 

22 ‘‘(b) CONSULTATION.—In developing the manage23 ment plan, the Secretary shall— 
50 

•HR 857 EH

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

2 local governmental entities, including Inyo County 

3 and the Tribe; and 

4 ‘‘(2) seek input from— 

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

6 Southern California Edison Company; 

7 ‘‘(B) the Alabama Hills Stewardship 

8 Group; 

9 ‘‘(C) members of the public; and 

10 ‘‘(D) the Los Angeles Department of 

11 Water and Power. 

12 ‘‘(c) REQUIREMENT.—In accordance with this title, 

13 the management plan shall include provisions for mainte14 nance of existing public utility and other rights-of-way 

15 within the National Scenic Area. 

16 ‘‘(d) INCORPORATION OF MANAGEMENT PLAN.—In 

17 developing the management plan, in accordance with this 

18 section, the Secretary shall allow, in perpetuity, casual19 use mining limited to the use of hand tools, metal detec20 tors, hand-fed dry washers, vacuum cleaners, gold pans, 

21 small sluices, and similar items. 

22 ‘‘(e) INTERIM MANAGEMENT.—Pending completion 

23 of the management plan, the Secretary shall manage the 

24 National Scenic Area in accordance with section 1602. 
51 

•HR 857 EH

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

3 ‘‘(a) TRUST LAND.—All right, title, and interest of 

4 the United States in and to the approximately 132 acres 

5 of Federal land depicted on the Map as ‘Lone Pine Paiute6 Shoshone Reservation Addition’ shall be held in trust by 

7 the United States for the benefit of the Tribe, subject to 

8 the 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) SURVEY.—Not later than 180 days after the 

20 date of enactment of this Act, the Secretary shall complete 

21 a survey of the boundary lines to establish the boundaries 

22 of the land taken into trust under subsection (a). 

23 ‘‘(c) RESERVATION LAND.—The land taken into 

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

25 of the reservation of the Tribe. 
52 

•HR 857 EH

1 ‘‘(d) GAMING PROHIBITION.—Gaming under the In2 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

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

4 to subsection (a). 

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

6 ‘‘Administrative jurisdiction of the approximately 56 

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

8 Transfer to BLM’ is hereby transferred from the Forest 

9 Service under the Secretary of Agriculture to the Bureau 

10 of Land Management under the Secretary. 

11 ‘‘SEC. 1606. PROTECTION OF SERVICES AND REC12 REATIONAL OPPORTUNITIES. 

13 ‘‘(a) EFFECT OF TITLE.—Nothing in this title shall 

14 be construed to limit commercial services for existing and 

15 historic recreation uses as authorized by the Bureau of 

16 Land Management’s permit process. 

17 ‘‘(b) GUIDED RECREATIONAL OPPORTUNITIES.— 

18 Commercial permits to exercise guided recreational oppor19 tunities for the public authorized as of the date of the en20 actment of this title may continue to be authorized. 

21 ‘‘TITLE XVII—MISCELLANEOUS 

22 ‘‘SEC. 1701. MILITARY ACTIVITIES. 

23 ‘‘Nothing in this Act— 

24 ‘‘(1) restricts or precludes Department of De25 fense motorized access by land or air— 
53 

•HR 857 EH

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

2 wilderness area designated by this Act; or 

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

4 site; 

5 ‘‘(2) prevents nonmechanized military training 

6 activities previously conducted on wilderness areas 

7 designated by this title that are consistent with— 

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

9 et seq.); and 

10 ‘‘(B) all applicable laws (including regula11 tions); 

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

13 of military aircraft over the areas designated as wil14 derness, national monuments, special management 

15 areas, or recreation areas by this Act, including mili16 tary overflights that can be seen or heard within the 

17 designated areas; 

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

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

20 or 

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

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

23 establishment of military flight training routes, over 

24 the areas described in paragraph (3). 
54 

•HR 857 EH

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

2 AND CONSERVATION LAND. 

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

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

5 land’ means any land acquired within the Conserva6 tion Area using amounts from funds such as the 

7 Land and Water Conservation Fund established 

8 under section 200302 of title 54, United States 

9 Code. 

10 ‘‘(2) CONSERVATION LAND.—The term ‘con11 servation land’ means any land within the Conserva12 tion Area that is designated by the Bureau of Land 

13 Management in the California Desert Conservation 

14 Area Plan, as amended, for conservation purposes, 

15 as part of a mitigation agreement, or to satisfy the 

16 conditions of a Federal habitat conservation plan, 

17 general conservation plan, or State natural commu18 nities conservation plan, including— 

19 ‘‘(A) National Conservation Land estab20 lished pursuant to section 2002(b)(2)(D) of the 

21 Omnibus Public Land Management Act of 2009 

22 (16 U.S.C. 7202(b)(2)(D)); and 

23 ‘‘(B) Areas of Critical Environmental Con24 cern established pursuant to section 202(c)(3) 

25 of the Federal Land Policy and Management 

26 Act of 1976 (43 U.S.C. 1712(c)(3)). 
55 

•HR 857 EH

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

2 land’ means any private land donated to the United 

3 States for conservation purposes in the Conservation 

4 Area. 

5 ‘‘(4) DONOR.—The term ‘donor’ means an indi6 vidual or entity that donates private land within the 

7 Conservation Area to the United States. 

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

9 the Secretary of the Interior, acting through the Di10 rector of the Bureau of Land Management. 

11 ‘‘(b) PROHIBITIONS.—Except as provided in sub12 section (c), the Secretary shall not authorize the use of 

13 acquired land, conservation land, or donated land within 

14 the Conservation Area for any activities contrary to the 

15 conservation purposes for which the land was acquired, 

16 designated, or donated, including— 

17 ‘‘(1) disposal; 

18 ‘‘(2) rights-of-way; 

19 ‘‘(3) leases; 

20 ‘‘(4) livestock grazing; 

21 ‘‘(5) infrastructure development, except as pro22 vided in subsection (c); 

23 ‘‘(6) mineral entry; and 

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

25 ‘‘(A) designated routes; 
56 

•HR 857 EH

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

2 by law; and 

3 ‘‘(C) administratively designated open 

4 areas. 

5 ‘‘(c) EXCEPTIONS.— 

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

7 to paragraph (2), the Secretary may authorize lim8 ited exceptions to prohibited uses of acquired land or 

9 donated land in the Conservation Area if— 

10 ‘‘(A) a right-of-way application for a re11 newable energy development project or associ12 ated energy transport facility on acquired land 

13 or donated land was submitted to the Bureau 

14 of Land Management on or before December 1, 

15 2009; or 

16 ‘‘(B) after the completion and consider17 ation of an analysis under the National Envi18 ronmental Policy Act of 1969 (42 U.S.C. 4321 

19 et seq.), and any appropriate land use plan 

20 amendment under the Federal Land Policy and 

21 Management Act of 1976 (43 U.S.C. 1701 et 

22 seq.), the Secretary has determined that pro23 posed use is in the public interest. 

24 ‘‘(2) CONDITIONS.— 
57 

•HR 857 EH

1 ‘‘(A) IN GENERAL.—If the Secretary 

2 grants an exception to the prohibition under 

3 paragraph (1), the Secretary shall require the 

4 permittee to donate private land of comparable 

5 value located within the Conservation Area to 

6 the United States to mitigate the use. 

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

8 donated under subparagraph (A) shall be ap9 proved by the Secretary after— 

10 ‘‘(i) consultation, to the maximum ex11 tent practicable, with the donor of the pri12 vate land proposed for nonconservation 

13 uses; and 

14 ‘‘(ii) an opportunity for public com15 ment regarding the donation. 

16 ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sec17 tion affects permitted or prohibited uses of donated land 

18 or acquired land in the Conservation Area established in 

19 any easements, deed restrictions, memoranda of under20 standing, or other agreements in existence on the date of 

21 enactment of this title. 

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

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

24 Area, the Secretary may— 
58 

•HR 857 EH

1 ‘‘(1) accept deed restrictions requested by land2 owners for land donated to, or otherwise acquired 

3 by, the United States; and 

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

5 restrictions, easements, or other third-party rights 

6 relating to any public land determined by the Sec7 retary to be necessary— 

8 ‘‘(A) to fulfill the mitigation requirements 

9 resulting from the development of renewable re10 sources; or 

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

12 ‘‘(i) a habitat conservation plan or 

13 general conservation plan established pur14 suant to section 10 of the Endangered 

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

16 ‘‘(ii) a natural communities conserva17 tion plan approved by the State. 

18 ‘‘(f) EXISTING RIGHTS-OF-WAY AND LEASES.— 

19 Nothing in this section shall terminate or preclude the re20 newal or reauthorization of valid existing rights-of-way or 

21 leases on the donated land. 

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

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

24 areas designated under this Act by members of Indian 

25 tribes for traditional cultural and religious purposes, con-
59 

•HR 857 EH

1 sistent with applicable law, including Public Law 95–341 

2 (commonly known as the ‘American Indian Religious 

3 Freedom Act’) (42 U.S.C. 1996). 

4 ‘‘(b) TEMPORARY CLOSURE.— 

5 ‘‘(1) IN GENERAL.—In accordance with applica6 ble law, including Public Law 95–341 (commonly 

7 known as the ‘American Indian Religious Freedom 

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

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

10 Indian religious community, shall temporarily close 

11 to general public use any portion of an area des12 ignated as a national monument, special manage13 ment area, wild and scenic river, area of critical en14 vironmental concern, or National Park System unit 

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

16 ‘designated area’) to protect the privacy of tradi17 tional cultural and religious activities in the des18 ignated area by members of the Indian tribe or In19 dian religious community. 

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

21 designated area under paragraph (1), the Secretary 

22 shall limit the closure to the smallest practicable 

23 area for the minimum period necessary for the tradi24 tional cultural and religious activities. 

25 ‘‘(c) CULTURAL RESOURCES MANAGEMENT PLAN.— 
60 

•HR 857 EH

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

2 after the date of enactment of this title, the Sec3 retary of the Interior shall develop and implement a 

4 cultural resources management plan to identify, pro5 tect, and conserve cultural resources of Indian tribes 

6 associated with the Xam Kwatchan Trail network 

7 extending from Avikwaame (Spirit Mountain, Ne8 vada) to Avikwlal (Pilot Knob, California). 

9 ‘‘(2) CONSULTATION.—The Secretary shall con10 sult on the development and implementation of the 

11 cultural resources management plan under para12 graph (1) with— 

13 ‘‘(A) each of— 

14 ‘‘(i) the Chemehuevi Indian Tribe; 

15 ‘‘(ii) the Hualapai Tribal Nation; 

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

17 ‘‘(iv) the Colorado River Indian 

18 Tribes; 

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

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

21 ‘‘(B) the State Historic Preservation Of22 fices of Nevada, Arizona, and California. 

23 ‘‘(3) RESOURCE PROTECTION.—The cultural re24 sources management plan developed under para25 graph (1) shall be— 
61 

•HR 857 EH

1 ‘‘(A) based on a completed cultural re2 sources survey; and 

3 ‘‘(B) include procedures for identifying, 

4 protecting, and preserving petroglyphs, ancient 

5 trails, intaglios, sleeping circles, artifacts, and 

6 other resources of cultural, archaeological, or 

7 historical significance in accordance with all ap8 plicable laws and policies, including— 

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

10 States Code; 

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

12 known as the ‘American Indian Religious 

13 Freedom Act’) (42 U.S.C. 1996); 

14 ‘‘(iii) the Archaeological Resources 

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

16 et seq.); 

17 ‘‘(iv) the Native American Graves 

18 Protection and Repatriation Act (25 

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

20 ‘‘(v) Public Law 103–141 (commonly 

21 known as the ‘Religious Freedom Restora22 tion Act of 1993’) (42 U.S.C. 2000bb et 

23 seq.). 

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

25 all Federal land within the area administratively with-
62 

•HR 857 EH

1 drawn and known as the ‘Indian Pass Withdrawal Area’ 

2 is permanently withdrawn from— 

3 ‘‘(1) all forms of entry, appropriation, or dis4 posal under the public land laws; 

5 ‘‘(2) location, entry, and patent under the min6 ing laws; and 

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

8 all laws relating to minerals or solar, wind, or geo9 thermal energy. 

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

11 INTERESTS. 

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

13 ‘‘(1) 1932 ACT.—The ‘1932 Act’ means the Act 

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

15 ‘‘(2) DISTRICT.—The ‘District’ means the Met16 ropolitan Water District of Southern California. 

17 ‘‘(b) RELEASE.—Subject to valid existing claims per18 fected prior to the effective date of the 1932 Act and the 

19 reservation of minerals set forth in the 1932 Act, the Sec20 retary shall release, convey, or otherwise quitclaim to the 

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

22 subject to the approval of the District, after consultation 

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

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

25 that was conveyed to the District pursuant to the 1932 
63 

•HR 857 EH

1 Act or any other law authorizing conveyance subject to 

2 restrictions or reversionary interests retained by the 

3 United States, on request by the District. 

4 ‘‘(c) TERMS AND CONDITIONS.—A conveyance au5 thorized by subsection (b) shall be subject to the following 

6 terms and conditions: 

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

8 Secretary for, the costs incurred by the Secretary to 

9 make the conveyance, including title searches, sur10 veys, deed preparation, attorneys’ fees, and similar 

11 expenses. 

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

13 agrees to indemnify and hold harmless the United 

14 States with regard to any boundary dispute relating 

15 to any parcel conveyed under this section. 

16 ‘‘SEC. 1705. DESERT TORTOISE CONSERVATION CENTER. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary of the Inte18 rior (referred to in this section as the ‘Secretary’) shall 

19 establish, operate, and maintain a bi-State center, to be 

20 known as the ‘Desert Tortoise Conservation Center’ (re21 ferred to in this section as the ‘Center’), on public land 

22 along the border between the States of California and Ne23 vada— 
64 

•HR 857 EH

1 ‘‘(1) to support desert tortoise research, disease 

2 monitoring, handling training, rehabilitation, and re3 introduction; and 

4 ‘‘(2) to ensure the full recovery and ongoing 

5 survival of the desert tortoise species. 

6 ‘‘(b) REQUIREMENTS.—In carrying out subsection 

7 (a), the Secretary shall— 

8 ‘‘(1) seek the participation of or contract with 

9 qualified nongovernmental organizations with exper10 tise in desert tortoise disease research and experi11 ence with desert tortoise translocation techniques, 

12 and scientific training of professional biologists for 

13 handling tortoises, to staff and manage the Center, 

14 including through the use of public-private partner15 ships for funding and other purposes, where appro16 priate; 

17 ‘‘(2) ensure that the Center engages in public 

18 outreach and education on tortoise handling; and 

19 ‘‘(3) consult with the States of California and 

20 Nevada to ensure the center is operated consistently 

21 with applicable State law. 

22 ‘‘(c) NON-FEDERAL CONTRIBUTIONS.—The Sec23 retary may accept and expend contributions of non-Fed24 eral funds to establish, operate, and maintain the Center. 
65 

•HR 857 EH

1 ‘‘SEC. 1706. WILDLIFE CORRIDORS. 

2 ‘‘(a) IN GENERAL.—The Secretary shall— 

3 ‘‘(1) assess the impacts of habitat fragmenta4 tion on wildlife in the Conservation Area; and 

5 ‘‘(2) establish policies and procedures to ensure 

6 the preservation of wildlife corridors and facilitate 

7 species migration. 

8 ‘‘(b) STUDY.— 

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

10 not later than 2 years after the date of enactment 

11 of this title, the Secretary shall complete a study re12 garding the impact of habitat fragmentation on wild13 life in the Conservation Area. 

14 ‘‘(2) COMPONENTS.—The study under para15 graph (1) shall— 

16 ‘‘(A) identify the species migrating, or like17 ly to migrate, in the Conservation Area; 

18 ‘‘(B) examine the impacts and potential 

19 impacts of habitat fragmentation on— 

20 ‘‘(i) plants, insects, and animals; and 

21 ‘‘(ii) species migration and survival; 

22 ‘‘(C) identify critical wildlife and species 

23 migration corridors recommended for preserva24 tion; and 

25 ‘‘(D) include recommendations for ensur26 ing the biological connectivity of public land 
66 

•HR 857 EH

1 managed by the Secretary and the Secretary of 

2 Defense throughout the Conservation Area. 

3 ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall 

4 consider the information and recommendations of 

5 the study under paragraph (1) to determine the in6 dividual and cumulative impacts of rights-of-way for 

7 projects in the Conservation Area, in accordance 

8 with— 

9 ‘‘(A) the National Environmental Policy 

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

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

12 (16 U.S.C. 1531 et seq.); and 

13 ‘‘(C) any other applicable law. 

14 ‘‘(c) LAND MANAGEMENT PLANS.—The Secretary 

15 shall incorporate into all land management plans applica16 ble to the Conservation Area the findings and rec17 ommendations of the study completed under subsection 

18 (b).’’. 

19 SEC. 3. VISITOR CENTER. 

20 Title IV of the California Desert Protection Act of 

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

22 at the end the following: 

23 ‘‘SEC. 408. VISITOR CENTER. 

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

25 more than 5 acres of land and interests in land, and im-
67 

•HR 857 EH

1 provements on the land and interests, outside the bound2 aries of Joshua Tree National Park, in the unincorporated 

3 village of Joshua Tree, for the purpose of operating a vis4 itor center. 

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

6 boundary of the park to include the land acquired under 

7 this section as a noncontiguous parcel. 

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

9 under this section— 

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

11 date of enactment of this section) by the Joshua 

12 Tree National Park Association and commonly re13 ferred to as the ‘Joshua Tree National Park Visitor 

14 Center’; 

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

16 part of the park; and 

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

18 the owner, by donation, purchase with donated or 

19 appropriated funds, or exchange.’’. 

20 SEC. 4. CALIFORNIA STATE SCHOOL LAND. 

21 Section 707 of the California Desert Protection Act 

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

23 (1) in subsection (a)— 

24 (A) in the first sentence— 
68 

•HR 857 EH

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

2 California State Lands Commission (here3 inafter in this section referred to as the 

4 ‘Commission’), the Secretary shall enter 

5 into negotiations for an agreement’’ and 

6 inserting the following: 

7 ‘‘(1) IN GENERAL.—The Secretary shall nego8 tiate in good faith to reach an agreement with the 

9 California State Lands Commission (referred to in 

10 this section as the Commission)’’; and 

11 (ii) by inserting ‘‘, national monu12 ments, off-highway vehicle recreation 

13 areas,’’ after ‘‘more of the wilderness 

14 areas’’; and 

15 (B) in the second sentence, by striking 

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

17 and inserting the following: 

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

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

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

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

22 monuments, off-highway vehicle recreation areas,’’ 

23 after ‘‘wilderness areas’’; 

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

25 following: 
69 

•HR 857 EH

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

2 ‘‘(A) IN GENERAL.—Assembled land ex3 changes may be used to carry out this section 

4 through the sale of surplus Federal property 

5 and subsequent acquisitions of State school 

6 land. 

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

8 from the sale of property described in sub9 section (a), less any costs incurred related to 

10 the sale, shall be deposited in a Special Deposit 

11 Fund Account established in the Treasury. 

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

13 Special Deposit Fund Account may be used by 

14 the Secretary, without an appropriation, to ac15 quire State school lands or interest in the land 

16 consistent with this section.’’; and 

17 (4) by adding at the end the following: 

18 ‘‘(e) MEMORANDUM OF AGREEMENT.— 

19 ‘‘(1) Any transaction completed pursuant to 

20 this section prior to January 1, 2018: 

21 ‘‘(A) is deemed to be in compliance with 

22 the terms of the October 26, 1995, Memo23 randum of Agreement between the commission, 

24 the general services administration, and the 

25 Secretary; and 
70 

•HR 857 EH

1 ‘‘(B) meets the requirements of subsection 

2 (a) of this section. 

3 ‘‘(2) Future transactions that satisfy the terms 

4 of the October 26, 1995, Memorandum of Agree5 ment shall be considered to be in compliance with 

6 subsection (a) of this section.’’. 

7 SEC. 5. 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— 

10 (1) in paragraph (196), by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A)(i) The approximately 1.4-mile seg13 ment of the Amargosa River in the State of 

14 California, from the private property boundary 

15 in sec. 19, T. 22 N., R. 7 E., to 100 feet down16 stream of Highway 178, to be administered by 

17 the Secretary of the Interior as a scenic river 

18 as an addition to the wild and scenic river seg19 ments of the Amargosa River on publication by 

20 the Secretary of a notice in the Federal Reg21 ister that sufficient inholdings within the 

22 boundaries of the segments have been acquired 

23 as scenic easements or in fee title to establish 

24 a manageable addition to those segments. 
71 

•HR 857 EH

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

2 of the Amargosa River in the State of Cali3 fornia, from 100 feet downstream of the State 

4 Highway 178 crossing to 100 feet upstream of 

5 the Tecopa Hot Springs Road crossing, to be 

6 administered by the Secretary of the Interior as 

7 a scenic river.’’; and 

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

9 ‘‘(213) SURPRISE CANYON CREEK, CALI10 FORNIA.— 

11 ‘‘(A) IN GENERAL.—The following seg12 ments of Surprise Canyon Creek in the State of 

13 California, to be administered by the Secretary 

14 of the Interior: 

15 ‘‘(i) The approximately 5.3 miles of 

16 Surprise Canyon Creek from the con17 fluence of Frenchman’s Canyon and Water 

18 Canyon to 100 feet upstream of Chris 

19 Wicht Camp, as a wild river. 

20 ‘‘(ii) The approximately 1.8 miles of 

21 Surprise Canyon Creek from 100 feet up22 stream of Chris Wicht Camp to the south23 ern boundary of sec. 14, T. 21 S., R. 44 

24 E., Mount Diablo Meridian, as a rec25 reational river. 
72 

•HR 857 EH

1 ‘‘(B) EFFECT ON HISTORIC MINING STRUC2 TURES.—Nothing in this paragraph affects the 

3 historic mining structures associated with the 

4 former Panamint Mining District. 

5 ‘‘(214) DEEP CREEK, CALIFORNIA.— 

6 ‘‘(A) IN GENERAL.—The following seg7 ments of Deep Creek in the State of California, 

8 to be administered by the Secretary of Agri9 culture: 

10 ‘‘(i) The approximately 6.5-mile seg11 ment from 0.125 mile downstream of the 

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

13 2 W., San Bernardino Meridian to 0.25 

14 miles upstream of the Road 3N34 crossing, 

15 as a wild river. 

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

17 mile upstream of the Road 3N34 crossing 

18 to 0.25 mile downstream of the Road 

19 3N34 crossing, as a scenic river. 

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

21 miles downstream of the Road 3 N. 34 

22 crossing to 0.25 miles upstream of the 

23 Trail 2W01 crossing, as a wild river. 

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

25 miles upstream of the Trail 2W01 crossing 
73 

•HR 857 EH

1 to 0.25 mile downstream of the Trail 

2 2W01 crossing, as a scenic river. 

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

4 miles downstream of the Trail 2W01 cross5 ing to the upper limit of the Mojave dam 

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

7 San Bernardino Meridian, as a wild river. 

8 ‘‘(vi) The 11-mile segment of Hol9 comb Creek from 100 yards downstream of 

10 the Road 3N12 crossing to .25 miles down11 stream of Holcomb Crossing, as a rec12 reational river. 

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

14 Holcomb Creek from 0.25 miles down15 stream of Holcomb Crossing to the Deep 

16 Creek confluence, as a wild river. 

17 ‘‘(B) EFFECT ON SKI OPERATIONS.—Noth18 ing in this paragraph affects— 

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

20 Ski Resort; or 

21 ‘‘(ii) the State regulation of water 

22 rights and water quality associated with 

23 the operation of the Snow Valley Ski Re24 sort. 
74 

•HR 857 EH

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

2 The following segments of the Whitewater River in 

3 the State of California, to be administered by the 

4 Secretary of Agriculture and the Secretary of the In5 terior, acting jointly: 

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

7 Fork Whitewater River from the source of the 

8 River near Mt. San Gorgonio to the confluence 

9 with the Middle Fork, as a wild river. 

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

11 Fork Whitewater River from the source of the 

12 River to the confluence with the South Fork, as 

13 a wild river. 

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

15 Fork Whitewater River from the confluence of 

16 the River with the East Fork to the section line 

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

18 San Bernardino Meridian, as a wild river. 

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

20 Fork Whitewater River from the section line be21 tween sections 32 and 33, T. 1 S., R. 2 E., San 

22 Bernardino Meridian, to the section line be23 tween sections 33 and 34, T. 1 S., R. 2 E., San 

24 Bernardino Meridian, as a recreational river. 
75 

•HR 857 EH

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

2 Fork Whitewater River from the section line be3 tween sections 33 and 34, T. 1 S., R. 2 E., San 

4 Bernardino Meridian, to the confluence with the 

5 Middle Fork, as a wild river. 

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

7 stem of the Whitewater River from the con8 fluence of the South and Middle Forks to the 

9 San Gorgonio Wilderness boundary, as a wild 

10 river. 

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

12 stem of the Whitewater River from the San 

13 Gorgonio Wilderness boundary to .25 miles up14 stream of the southern boundary of section 35, 

15 T. 2 S., R. 3 E., San Bernardino Meridian, as 

16 a recreational river.’’. 

17 SEC. 6. CONFORMING AMENDMENTS. 

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

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

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

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

22 I through IX, and titles XIII through XVII’’. 

23 (b) DEFINITIONS.—The California Desert Protection 

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

25 amended by inserting after section 2 the following: 
76 

•HR 857 EH

1 ‘‘SEC. 3. DEFINITIONS. 

2 ‘‘In titles XIII through XVII: 

3 ‘‘(1) CONSERVATION AREA.—The term ‘Con4 servation Area’ means the California Desert Con5 servation Area. 

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

7 means— 

8 ‘‘(A) with respect to land under the juris9 diction of the Secretary of the Interior, the Sec10 retary of the Interior; and 

11 ‘‘(B) with respect to land under the juris12 diction of the Secretary of Agriculture, the Sec13 retary of Agriculture. 

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

15 of California.’’. 

16 (c) ADMINISTRATION OF WILDERNESS AREAS.—Sec17 tion 103 of the California Desert Protection Act of 1994 

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

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

20 following: 

21 ‘‘(d) NO BUFFER ZONES.— 

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

23 for the designation of wilderness areas by this Act— 

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

25 land adjacent to the wilderness areas; or 
77 

•HR 857 EH

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

2 perimeters or buffer zones around the wilder3 ness areas. 

4 ‘‘(2) NONWILDERNESS ACTIVITIES.—Any non5 wilderness activities (including renewable energy 

6 projects, energy transmission or telecommunications 

7 projects, mining, and military activities) in areas im8 mediately adjacent to the boundary of a wilderness 

9 area designated by this Act shall not be restricted or 

10 precluded by this Act, regardless of any actual or 

11 perceived negative impacts of the nonwilderness ac12 tivities on the wilderness area, including any poten13 tial indirect impacts of nonwilderness activities con14 ducted outside the designated wilderness area on the 

15 viewshed, ambient noise level, or air quality of wil16 derness area.’’; 

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

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

19 areas, special management areas, and national 

20 monuments designated by this title or titles XIII 

21 through XVII’’; and 

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

23 wilderness area, a special management areas, or na24 tional monument’’ before ‘‘by this Act’’. 
78 

•HR 857 EH

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

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

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

4 new section: 

5 ‘‘SEC. 712. JUNIPER FLATS. 

6 ‘‘Development of renewable energy generation facili7 ties (excluding rights-of-way or facilities for the trans8 mission of energy and telecommunication facilities and in9 frastructure) is prohibited on the approximately 28,000 

10 acres of Federal land generally depicted as ‘BLM Land 

11 Unavailable for Energy Development’ on the map entitled 

12 ‘Juniper Flats’ and dated April 26, 2018.’’. 

13 (e) CALIFORNIA MILITARY LANDS WITHDRAWAL

14 AND OVERFLIGHTS ACT OF 1994.— 

15 (1) FINDINGS.—Section 801(b)(2) of the Cali16 fornia Military Lands Withdrawal and Overflights 

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

18 103–433) is amended by inserting ‘‘, special man19 agement areas, potential wilderness areas,’’ before 

20 ‘‘and wilderness areas’’. 

21 (2) OVERFLIGHTS; SPECIAL AIRSPACE.—Section 

22 802 of the California Military Lands Withdrawal 

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

24 is amended— 
79 

•HR 857 EH

1 (A) in subsection (a), by inserting ‘‘or spe2 cial management areas’’ before ‘‘designated by 

3 this Act’’; 

4 (B) in subsection (b), by inserting ‘‘or spe5 cial management areas’’ before ‘‘designated by 

6 this Act’’; and 

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

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

9 Nothing in this Act alters any authority of the Secretary 

10 of Defense to conduct military operations at installations 

11 and ranges within the California Desert Conservation 

12 Area that are authorized under any other provision of 

13 law.’’. 

14 (f) CLARIFICATION REGARDING FUNDING.—No addi15 tional funds are authorized to carry out the requirements 

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

17 requirements shall be carried out using amounts otherwise 

18 authorized. 

Passed the House of Representatives June 25, 2018. 

Attest: 

Clerk. 
115TH CONGRESS 

2D SESSION H. R. 857 

AN ACT 

To provide for conservation and enhanced recretion Area, and for other purposes. ation activities in the California Desert Conserva-