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[House Report 114-575]
[From the U.S. Government Publishing Office]

114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-575

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          ALABAMA HILLS NATIONAL SCENIC AREA ESTABLISHMENT ACT

                                _______
                                

  May 19, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 496]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 496) to establish the Alabama Hills National 
Scenic Area in the State of California, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Alabama Hills 
National Scenic Area Establishment Act''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Alabama Hills National Scenic Area, California.
Sec. 4. Management plan.
Sec. 5. Land taken into trust for Lone Pine Paiute-Shoshone 
Reservation.
Sec. 6. Transfer of administrative jurisdiction.
Sec. 7. Protection of services and recreational opportunities.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Management plan.--The term ``management plan'' means the 
        management plan for the National Scenic Area developed under 
        section 4(a).
          (2) Map.--The term ``Map'' means the map titled ``Proposed 
        Alabama Hills National Scenic Area'', dated September 8, 2014.
          (3) Motorized vehicles.--The term ``motorized vehicles'' 
        means motorized or mechanized vehicles and includes, when used 
        by utilities, mechanized equipment, helicopters, and other 
        aerial devices necessary to maintain electrical or 
        communications infrastructure.
          (4) National scenic area.--The term ``National Scenic Area'' 
        means the Alabama Hills National Scenic Area established by 
        section 3(a).
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) State.--The term ``State'' means the State of California.
          (7) Tribe.--The term ``Tribe'' means the Lone Pine Paiute-
        Shoshone.
          (8) Utility facility.--The term ``utility facility'' means 
        any and all existing and future water system facilities 
        including aqueducts, streams, ditches, and canals; water 
        facilities including, but not limited to, flow measuring 
        stations, gauges, gates, values, piping, conduits, fencing, and 
        electrical power and communications devices and systems; and 
        any and all existing and future electric generation facilities, 
        electric storage facilities, overhead and/or underground 
        electrical supply systems and communication systems consisting 
        of electric substations, electric lines, poles and towers made 
        of various materials, ``H'' frame structures, guy wires and 
        anchors, crossarms, wires, underground conduits, cables, 
        vaults, manholes, handholes, above-ground enclosures, markers 
        and concrete pads and other fixtures, appliances and 
        communication circuits, and other fixtures, appliances and 
        appurtenances connected therewith necessary or convenient for 
        the construction, operation, regulation, control, grounding and 
        maintenance of electric generation, storage, lines and 
        communication circuits, for the purpose of transmitting 
        intelligence and generating, storing, distributing, regulating 
        and controlling electric energy to be used for light, heat, 
        power, communication, and other purposes.

SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.

  (a) Establishment.--Subject to valid, existing rights, there is 
established in Inyo County, California, the Alabama Hills National 
Scenic Area. The National Scenic Area shall be comprised of the 
approximately 18,610 acres generally depicted on the Map as ``National 
Scenic Area''.
  (b) Purpose.--The purpose of the National Scenic Area is to conserve, 
protect, and enhance for the benefit, use, and enjoyment of present and 
future generations the nationally significant scenic, cultural, 
geological, educational, biological, historical, recreational, 
cinematographic, and scientific resources of the National Scenic Area 
managed consistent with section 302(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1732(a)).
  (c) Map; Legal Descriptions.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file a map and a 
        legal description of the National Scenic Area with--
                  (A) the Committee on Energy and Natural Resources of 
                the Senate; and
                  (B) the Committee on Natural Resources of the House 
                of Representatives.
          (2) Force of law.--The map and legal descriptions filed under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        clerical and typographical errors in the map and legal 
        descriptions.
          (3) Public availability.--Each map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Forest 
        Service and Bureau of Land Management.
  (d) Administration.--The Secretary shall manage the National Scenic 
Area--
          (1) as a component of the National Landscape Conservation 
        System;
          (2) so as not to impact the future continuing operations and 
        maintenance of any activities associated with valid, existing 
        rights, including water rights;
          (3) in a manner that conserves, protects, and enhances the 
        resources and values of the National Scenic Area described in 
        subsection (b); and
          (4) in accordance with--
                  (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                  (B) this Act; and
                  (C) any other applicable laws.
  (e) Management.--
          (1) In general.--The Secretary shall allow only such uses of 
        the National Scenic Area as the Secretary determines would 
        support the purposes of the National Scenic Area as described 
        in subsection (b).
          (2) Recreational activities.--Except as otherwise provided in 
        this Act or other applicable law, or as the Secretary 
        determines to be necessary for public health and safety, the 
        Secretary shall allow existing recreational uses of the 
        National Scenic Area to continue, including hiking, mountain 
        biking, rock climbing, sightseeing, horseback riding, hunting, 
        fishing, and appropriate authorized motorized vehicle use.
          (3) Motorized vehicles.--Except as specified within this Act 
        and/or in cases in which motorized vehicles are needed for 
        administrative purposes, or to respond to an emergency, the use 
        of motorized vehicles in the National Scenic Area shall be 
        permitted only on--
                  (A) roads and trails designated by the Director of 
                the Bureau of Land Management for use of motorized 
                vehicles as part of a management plan sustaining a 
                semi-primitive motorized experience; or
                  (B) on county-maintained roads in accordance with 
                applicable State and county laws.
  (f) No Buffer Zones.--
          (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the National Scenic Area.
          (2) Activities outside national scenic area.--The fact that 
        an activity or use on land outside the National Scenic Area can 
        be seen or heard within the National Scenic Area shall not 
        preclude the activity or use outside the boundaries of the 
        National Scenic Area.
  (g) Access.--The Secretary shall continue to provide private 
landowners adequate access to inholdings in the National Scenic Area.
  (h) Filming.--Nothing in this Act prohibits filming (including 
commercial film production, student filming, and still photography) 
within the National Scenic Area--
          (1) subject to--
                  (A) such reasonable regulations, policies, and 
                practices as the Secretary considers to be necessary; 
                and
                  (B) applicable law; and
          (2) in a manner consistent with the purposes described in 
        subsection (b).
  (i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction 
or responsibilities of the State with respect to fish and wildlife.
  (j) Livestock.--The grazing of livestock in the National Scenic Area, 
including grazing under the Alabama Hills allotment and the George 
Creek allotment, as established before the date of enactment of this 
Act, shall be permitted to continue--
          (1) subject to--
                  (A) such reasonable regulations, policies, and 
                practices as the Secretary considers to be necessary; 
                and
                  (B) applicable law; and
          (2) in a manner consistent with the purposes described in 
        subsection (b).
  (k) Overflights.--Nothing in this Act restricts or precludes flights 
over the National Scenic Area or overflights that can be seen or heard 
within the National Scenic Area, including--
          (1) transportation, sightseeing and filming flights, general 
        aviation planes, helicopters, hang-gliders, and balloonists, 
        for commercial or recreational purposes;
          (2) low-level overflights of military aircraft;
          (3) flight testing and evaluation; or
          (4) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the National Scenic Area.
  (l) Withdrawal.--Subject to this Act's provisions and valid rights in 
existence on the date of enactment of this Act, including rights 
established by prior withdrawals, the Federal land within the National 
Scenic Area is withdrawn from all forms of--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
  (m) Wildland Fire Operations.--Nothing in this Act prohibits the 
Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the National Scenic Area, consistent with the purposes described in 
subsection (b).
  (n) Grants; Cooperative Agreements.--The Secretary may make grants 
to, or enter into cooperative agreements with, State, tribal, and local 
governmental entities and private entities to conduct research, 
interpretation, or public education or to carry out any other 
initiative relating to the restoration, conservation, or management of 
the National Scenic Area.
  (o) Air and Water Quality.--Nothing in this Act modifies any standard 
governing air or water quality outside of the boundaries of the 
National Scenic Area.
  (p) Utility Facilities and Rights of Way.--
          (1) Nothing in this Act shall--
                  (A) affect the existence, use, operation, maintenance 
                (including but not limited to vegetation control), 
                repair, construction, reconfiguration, expansion, 
                inspection, renewal, reconstruction, alteration, 
                addition, relocation, improvement, funding, removal, or 
                replacement of utility facilities or appurtenant rights 
                of way within or adjacent to the National Scenic Area;
                  (B) affect necessary or efficient access to utility 
                facilities or rights of way within or adjacent to the 
                National Scenic Area subject to subsection (e);
                  (C) preclude the Secretary from authorizing the 
                establishment of new utility facility rights of way 
                (including instream sites, routes, and areas) within 
                the National Scenic Area in a manner that minimizes 
                harm to the purpose of the National Scenic Area as 
                described in subsection (b)--
                          (i) with the National Environmental Policy 
                        Act of 1969 (42 U.S.C. 4321 et seq.) and any 
                        other applicable law; and
                          (ii) subject to such terms and conditions as 
                        the Secretary determines to be appropriate.
          (2) Management plan.--Consistent with this Act, the 
        Management Plan shall establish plans for maintenance of public 
        utility and other rights of way within the National Scenic 
        Area.

SEC. 4. MANAGEMENT PLAN.

  (a) In General.--Not later than 3 years after the date of enactment 
of this Act, in accordance with subsection (b), the Secretary shall 
develop a comprehensive plan for the long-term management of the 
National Scenic Area.
  (b) Consultation.--In developing the management plan, the Secretary 
shall--
          (1) consult with appropriate State, tribal, and local 
        governmental entities, including Inyo County and the Tribe; and
          (2) seek input from--
                  (A) investor-owned utilities, including Southern 
                California Edison Company;
                  (B) the Alabama Hills Stewardship Group;
                  (C) members of the public; and
                  (D) the Los Angeles Department of Water and Power.
  (c) Incorporation of Management Plan.--In developing the management 
plan, in accordance with this section, the Secretary shall allow, in 
perpetuity, casual-use mining limited to the use of hand tools, metal 
detectors, hand-fed dry washers, vacuum cleaners, gold pans, small 
sluices, and similar items.
  (d) Interim Management.--Pending completion of the management plan, 
the Secretary shall manage the National Scenic Area in accordance with 
section 3.

SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE 
                    RESERVATION.

  (a) Trust Land.--As soon as practicable after the date of the 
enactment of this Act, the Secretary shall take the approximately 132 
acres of Federal land depicted on the Map as ``Lone Pine Paiute-
Shoshone Reservation Addition'' into trust for the benefit of the 
Tribe, subject to the following:
          (1) Conditions.--The land shall be subject to all easements, 
        covenants, conditions, restrictions, withdrawals, and other 
        matters of record on the date of the enactment of this Act.
          (2) Exclusion.--The Federal lands over which the right-of-way 
        for the Los Angeles Aqueduct is located, generally described as 
        the 250-foot-wide right-of-way granted to the City of Los 
        Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), 
        shall not be taken into trust for the Tribe.
  (b) Reservation Land.--The land taken into trust pursuant to 
subsection (a) shall be considered part of the reservation of the 
Tribe.
  (c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken 
into trust pursuant to subsection (a).

SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION.

  Administrative jurisdiction of the approximately 56 acres of Federal 
land depicted on the Map as ``USFS Transfer to BLM'' is hereby 
transferred from the Forest Service under the Secretary of Agriculture 
to the Bureau of Land Management under the Secretary.

SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.

  Nothing in this Act shall be construed to limit commercial services 
for existing and historic recreation uses as authorized by the Bureau 
of Land Management's permit process. Valid, existing, commercial 
permits to exercise guided recreational opportunities for the public 
may continue as authorized on the day before the date of the enactment 
of this Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 496 is to establish the Alabama Hills 
National Scenic Area in the State of California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Alabama Hills area is a range of hills and rock 
formations near the eastern slope of the Sierra Nevada 
Mountains in central California. The area is used for a variety 
of recreational activities and has served as a popular filming 
location. Television shows such as The Gene Autry Show, The 
Lone Ranger, and Bonanza and films including Tremors, 
Gladiator, and Iron Man were filmed in part in the Alabama 
Hills area.
    With the goal of protecting the area from the industrial-
scale renewable energy development that is occurring in 
surrounding areas, while also protecting existing uses, the 
Alabama Hills Stewardship Group, as well as off-road groups, 
the local chamber of commerce, and many others, coordinated for 
over two years to share ideas that ultimately formed the basis 
of H.R. 496.
    Beyond the designation of over 18,000 acres of federal land 
currently managed by the Bureau of Land Management (BLM) as a 
National Scenic Area, the bill restricts the development of 
large-scale industrial projects such as renewable energy 
generation, while preserving existing recreational and 
commercial uses of the area. These uses include filming, 
hiking, mountain biking, rock climbing, hunting, fishing, 
recreational mineral prospecting (``rock-hounding''), and 
authorized motorized vehicle use. Additionally, existing 
grazing activities and access to private land inholdings would 
be allowed to continue within the National Scenic Area. The 
bill also requires the Secretary of the Interior to develop a 
comprehensive plan for the management of the National Scenic 
Area no later than 3 years after the date of enactment, in 
consultation with appropriate State, tribal, and local 
governmental entities, investor-owned utilities, the Alabama 
Hills Stewardship Group, and members of the public.
    H.R. 496 also requires the Secretary of the Interior to 
take into trust approximately 132 acres of Federal land for the 
benefit of the Lone Pine Paiute-Shoshone Tribe, subject to 
certain conditions and exclusions. This land would be 
considered part of the reservation of the Tribe. In addition, 
the bill transfers administrative jurisdiction of a small 
portion of federal land from the U.S. Forest Service to BLM.
    During markup, Congressman Paul Cook successfully offered 
an amendment that reflects a number of changes offered by BLM 
and local stakeholders. Specifically, this amendment broadens 
the definition of ``utility facility'' to include water utility 
facilities and power generation and transfer facilities; 
removes language regarding the acquisition of land as no land 
will be acquired by the federal government; amends the utility 
facilities and rights-of-way language in Section 3(q) to give 
BLM more discretion in managing the development of new utility 
rights-of-way; alters the language regarding which agencies BLM 
must consult with in the development of the management plan to 
be consistent with other BLM designations and associated 
management plans; corrects the acreage amount in Section 6 from 
40 to 56 acres to reflect the actual acreage affected; and 
removes Section 8 due to concerns about water rights owned by 
the City of Los Angeles in Inyo County.

                            COMMITTEE ACTION

    H.R. 496 was introduced on January 22, 2015, by Congressman 
Paul Cook (R-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands and the Subcommittee on Indian, Insular and 
Alaska Native Affairs. On June 16, 2015, the Subcommittee on 
Federal Lands held a hearing on the bill. On March 15, 2016, 
the Natural Resources Committee met to consider the bill. The 
Subcommittees were discharged by unanimous consent. Congressman 
Cook offered an amendment designated 043. The amendment was 
adopted by unanimous consent. No other amendments were offered, 
and the bill, as amended, was ordered favorably reported to the 
House of Representatives by unanimous consent on March 16, 
2016.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of Rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 18, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 496, the Alabama 
Hills National Scenic Area Establishment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 496--Alabama Hills National Scenic Area Establishment Act

    H.R. 496 would establish a new national scenic area in 
eastern California. The bill also would authorize the Bureau of 
Land Management (BLM) to award grants to public and private 
entities to conduct research, provide visitor services, carry 
out restoration projects in the scenic area, and take federal 
land into trust for the benefit of an Indian tribe. Based on 
information provided by BLM, CBO estimates that implementing 
the legislation would cost 
$4 million over the 2017-2021 period; such spending would be 
subject to the availability of appropriated funds.
    Enacting H.R. 496 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 496 would designate about 18,600 acres of BLM land in 
California as the Alabama Hills National Scenic Area. Under the 
bill, the agency would be required to complete a new land use 
plan for the area within three years of enactment. Based on 
information from BLM regarding the costs of carrying out 
similar activities, CBO estimates that completing the land use 
plan would cost less than $500,000 over the 2017-2019 period.
    CBO also expects that, under the bill, the affected lands 
would see an increase in use by the public and that BLM would 
need to hire additional personnel to manage the area. Based on 
information provided by the agency, CBO estimates that 
operating the recreation area would require up to five new 
employees to carry out administrative and law enforcement 
functions and that the cost of employing those individuals 
would total around $500,000 a year.
    Finally, H.R. 496 would authorize BLM to award grants to 
organizations that would conduct research, provide visitor 
services, and carry out restoration projects on the affected 
lands. Based on information regarding the cost of similar BLM 
efforts, CBO estimates that awarding such grants would cost 
less than $500,000 a year.
    The legislation also would withdraw the affected lands from 
programs to develop mineral resources. Because CHO does not 
expect that any resources would be produced on the affected 
lands that would generate income for the federal government 
over the next 10 years, we estimate that withdrawing those 
lands would not affect offsetting receipts, which are treated 
as reductions in direct spending.
    H.R. 496 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the Lone Pine Paiute-Shoshone tribe in California 
by taking federal lands into trust for the benefit of the 
tribe. Any costs incurred by state, local, or tribal 
governments related to managing the national scenic area would 
result from voluntary commitments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office has concluded that implementing the bill would 
cost $4 million over the 2017-2021 period, subject to the 
availability of appropriated funds.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the Alabama Hills 
National Scenic Area in the State of California.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  [all]
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