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[House Report 114-585]
[From the U.S. Government Publishing Office]

114th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 114-585

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       CLEAR CREEK NATIONAL RECREATION AREA AND CONSERVATION ACT

                                _______
                                

  May 23, 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. 1838]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1838) to establish the Clear Creek National 
Recreation Area in San Benito and Fresno Counties, California, 
to designate the Joaquin Rocks Wilderness in such counties, to 
designate additional components of the National Wild and Scenic 
Rivers System, 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.

  This Act may be cited as the ``Clear Creek National Recreation Area 
and Conservation Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Management plan.--The term ``management plan'' means the 
        Plan for the Recreation Area prepared under section 4(c).
          (2) Recreation area.--The term ``Recreation Area'' means the 
        Clear Creek National Recreation Area.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) State.--The term ``State'' means the State of California.
          (5) Off highway vehicle.--The term ``off highway vehicle'' 
        means any motorized vehicle designed for or capable of cross-
        country travel on or immediately over land, water, snow, or 
        other natural terrain and not intended for use on public roads.

SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.

  (a) In General.--To promote environmentally responsible off highway 
vehicle recreation, the area generally depicted as ``Proposed Clear 
Creek National Recreation Area'' on the map titled ``Proposed Clear 
Creek National Recreation Area'' and dated December 15, 2015, is 
established as the ``Clear Creek National Recreation Area'', to be 
managed by the Secretary.
  (b) Other Purposes.--The Recreation Area shall also support other 
public recreational uses, such as hunting, hiking, and rock and gem 
collecting.
  (c) Map on File.--Copies of the map referred to in subsection (a) 
shall be on file and available for public inspection in--
          (1) the Office of the Director of the Bureau of Land 
        Management; and
          (2) the appropriate office of the Bureau of Land Management 
        in California.

SEC. 4. MANAGEMENT.

  (a) In General.--The Secretary shall manage the Recreation Area to 
further the purposes described in section 3(a), in accordance with--
          (1) this Act;
          (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
          (3) any other applicable law.
  (b) Uses.--The Secretary shall--
          (1) prioritize environmentally responsible off highway 
        vehicle recreation and also facilitate hunting, hiking, gem 
        collecting, and the use of motorized vehicles, mountain bikes, 
        and horses in accordance with the management plan described in 
        subsection (c);
          (2) issue special recreation permits for motorized and non-
        motorized events; and
          (3) reopen the Clear Creek Management Area to the uses 
        described in this subsection as soon as practicable following 
        the enactment of this Act and in accordance with the management 
        guidelines outlined in this Act and other applicable law.
  (c) Interim Management Plan.--The Secretary shall use the 2006 Clear 
Creek Management Area Resource Management Plan Amendment and Route 
Designation Record of Decision as modified by this Act or the Secretary 
to incorporate natural resource protection information not available in 
2006, as the basis of an interim management plan to govern off highway 
vehicle recreation within the Recreation Area pending the completion of 
the long-term management plan required in subsection (d).
  (d) Permanent Management Plan.--Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall create a 
comprehensive management plan for the Clear Creek Recreation Area 
that--
          (1) shall describe the appropriate uses and management of the 
        Recreation Area in accordance with this Act;
          (2) shall be prepared in consultation with--
                  (A) appropriate Federal, State, and local agencies 
                (including San Benito, Monterey, and Fresno Counties);
                  (B) adjacent land owners;
                  (C) other stakeholders (including conservation and 
                recreational organizations); and
                  (D) holders of any easements, rights-of-way, and 
                other valid rights in the Recreation Area;
          (3) shall include a hazards education program to inform 
        people entering the Recreation Area of the asbestos related 
        risks associated with various activities within the Recreation 
        Area, including off-highway vehicle recreation;
          (4) shall include a user fee program for motorized vehicle 
        use within the Recreational Area and guidelines for the use of 
        the funds collected for the management and improvement of the 
        Recreation Area;
          (5) shall designate as many previously used trails, roads, 
        and other areas for off highway vehicle recreation as feasible 
        in accordance with this in order to provide a substantially 
        similar recreational experience, except that nothing in this 
        paragraph shall be construed as precluding the Secretary from 
        closing any area, trail, or route from use for the purposes of 
        public safety or resource protection;
          (6) may incorporate any appropriate decisions, as determined 
        by the Secretary, in accordance with this Act, that are 
        contained in any management or activity plan for the area 
        completed before the date of the enactment of this Act;
          (7) may incorporate appropriate wildlife habitat management 
        plans or other plans prepared for the land within or adjacent 
        to the Recreation Area before the date of the enactment of this 
        Act, in accordance with this Act;
          (8) may use information developed under any studies of land 
        within or adjacent to the Recreation Area carried out before 
        the date of enactment of this Act; and
          (9) may include cooperative agreements with State or local 
        government agencies to manage all or a portion of the 
        recreational activities within the Recreation Area in 
        accordance with an approved management plan and the 
        requirements of this Act.
  (e) Acquisition of Property.--
          (1) In general.--The Secretary may acquire land adjacent to 
        the National Recreation Area by purchase from willing sellers, 
        donation, or exchange.
          (2) Management.--Any land acquired under paragraph (1) shall 
        be managed 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 law (including regulations).
          (3) Improved access.--The Secretary may acquire by purchase 
        from willing sellers, donation, exchange, or easement, land, or 
        interest in land to improve public safety in providing access 
        to the Recreation Area.
  (f) Private Property.--
          (1) Access to private property.--
                  (A) In general.--The Secretary shall provide 
                landowners adequate access to inholdings within the 
                Recreation Area.
                  (B) Inholdings.--For access purposes, private land 
                adjacent to the Recreation Area to which there is no 
                other practicable access except through the Recreation 
                Area shall be managed as an inholding.
          (2) Use of private property.--Nothing in this Act affects the 
        ownership, management, or other rights relating to any non-
        Federal land (including any interest in any non-Federal land).
          (3) Buffer zones.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the Recreation Area.
          (4) Valid rights.--Nothing in this Act affects any easements, 
        rights-of-way, and other valid rights in existence on the date 
        of the enactment of this Act.
  (g) Water Right Exclusion.--Nothing in this Act--
          (1) shall constitute or be construed to constitute either an 
        express or implied reservation by the United States of any 
        water or water rights with respect to the Recreation Area; or
          (2) shall affect any water rights existing on the date of the 
        enactment of this Act.
  (h) Hunting and Fishing.--Nothing in this Act--
          (1) limits hunting or fishing; or
          (2) affects the authority, jurisdiction, or responsibility of 
        the State to manage, control, or regulate fish and resident 
        wildlife under State law (including regulations), including the 
        regulation of hunting or fishing on public land managed by the 
        Bureau of Land Management.
  (i) Motorized Vehicles.--Except in cases in which motorized vehicles 
are needed for administrative purposes or to respond to an emergency, 
the use of motorized vehicles on public land in the Recreation Area 
shall be permitted only on roads, trails, and areas designated by the 
management plan for the use by motorized vehicles.
  (j) Grazing.--In the Recreation Area, the grazing of livestock in 
areas in which grazing is allowed as of the date of the enactment of 
this Act shall be allowed to continue, consistent with--
          (1) this Act;
          (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
          (3) any regulations promulgated by the Secretary, acting 
        through the Director of the Bureau of Land Management.
  (k) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Recreation Area is withdrawn from--
          (1) all forms of entry, appropriation, and disposal under the 
        public land laws;
          (2) location, entry, and patenting under the mining laws; and
          (3) operation of the mineral leasing, mineral materials, and 
        geothermal leasing laws.
  (l) Fees.--Amounts received by the Secretary under the fee structure 
required by subsection (c)(3)(G) shall be--
          (1) deposited in a special account in the Treasury of the 
        United States; and
          (2) made available until expended, without further 
        appropriation, to the Secretary for use in the Recreation Area.
  (m) Risk Standard.--The National Oil and Hazardous Substances 
Pollution Contingency Plan (section 300 of title 40, Code of Federal 
Regulations), published pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605), shall not apply to the Secretary's management of asbestos 
exposure risks faced by the public when recreating within the Clear 
Creek Recreation Area described in section 3(b).

SEC. 5. JOAQUIN ROCKS WILDERNESS.

  In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
approximately 21,000 acres of Federal lands located in Fresno County 
and San Benito County, California, and generally depicted on a map 
entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 
2015, is designated as wilderness and as a component of the National 
Wilderness Preservation System and shall be known as the ``Joaquin 
Rocks Wilderness''.

SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.

  (a) Finding.--Congress finds that, for the purposes of section 603 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the San Benito Mountain wilderness study area has been adequately 
studied for wilderness designation.
  (b) Release.--The San Benito Mountain wilderness study area is no 
longer subject to section 603(c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1782(c)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 1838, as ordered reported, is to 
establish the Clear Creek National Recreation Area in San 
Benito and Fresno Counties, California, and to designate the 
Joaquin Rocks Wilderness in such counties.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 2008, the U.S. Environmental Protection Agency (EPA) 
found that naturally occurring asbestos (NOA) in the Clear 
Creek Management Area (CCMA) serpentine soils posed a 
significant public health risk, particularly to off-highway 
vehicle (OHV) users. Later that year, the Bureau of Land 
Management (BLM) temporarily closed the CCMA and initiated a 
process to develop a long-term plan governing recreational uses 
in the area. In 2014, BLM issued a Record of Decision for a 
plan that closed the 30,000 acre Serpentine Area of Critical 
Environmental Concern (ACEC), once considered a premier OHV 
recreational site within the CCMA, to all OHV use.
    In 2010, the State of California's Off Highway Motor 
Vehicle Recreation Division commissioned an independent risk 
assessment of NOA exposure within the Serpentine ACEC. This 
report, completed by the International Environmental Research 
Foundation, found that the health risk to OHV users from NOA is 
minimal. Citing this report, local communities, OHV groups, and 
others urged BLM to reopen the area to recreational use and 
develop a management strategy that mitigates the exposure of 
higher than acceptable levels of NOA and associated risks to 
human health.
    To accomplish this, H.R. 1838 requires BLM to reopen the 
CCMA for recreational use and re-designate the area as a 
National Recreation Area. It also requires BLM to develop a 
plan to minimize the risk from NOA exposure and educate 
visitors about its associated health risks. BLM would also be 
required to reduce the impact of OHVs to protect the wildlife 
habitat in the area. The bill requires BLM to develop a 
permanent management plan and utilize a prior travel management 
plan in the interim. Under this permanent plan, BLM would be 
required to levy a recreational user fee and apply any proceeds 
to the management of OHV recreation and to contract with 
qualified state or local government agencies to manage all or a 
portion of the Clear Creek National Recreation Area's (CCNRA) 
recreational activities.
    H.R. 1838 also designates approximately 21,000 acres of BLM 
land adjacent to the CCMA and located in Fresno County as the 
``Joaquin Rocks Wilderness'' and releases the 1,500 acre San 
Benito Wilderness Study Area back into multiple use. This area 
currently has no public access and has been determined by BLM 
to be unsuitable for wilderness designation.
    During markup, Congressman Jeff Denham offered an amendment 
that requires BLM to consult with holders of easements, rights-
of-way, and other valid rights in the CCNRA when developing the 
comprehensive management plan under Section 4(d) and updates 
the map and the source for the interim management plan 
referenced in the bill. The amendment also removes the Wild and 
Scenic Rivers Act designations under Section 6 due to concerns 
from local stakeholders.

                            COMMITTEE ACTION

    H.R. 1838 was introduced on April 16, 2015, by Congressman 
Sam Farr (D-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee, to the 
Subcommittee on Federal Lands. The Subcommittee held a hearing 
on the bill on December 9, 2015. On March 15, 2016, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Congressman Jeff Denham 
(R-CA) offered an amendment designated 046. 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 20, 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. 1838, the Clear 
Creek National Recreation Area and Conservation Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                         Robert A. Sunshine
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 1838--Clear Creek National Recreation Area and Conservation Act

    H.R. 1838 would establish a new national recreation area in 
central California. The bill also would designate 21,000 acres 
of adjacent lands as part of the National Wilderness 
Preservation System. Based on information provided by the 
Bureau of Land Management (BLM) and assuming appropriation of 
the necessary amounts, CBO estimates that implementing the 
legislation would cost $5 million over the 2017-2021 period.
    Because enacting H.R. 1838 would increase offsetting 
receipts, which are treated as reductions in direct spending, 
and the associated spending of those receipts, pay-as-you-go 
procedures apply. However, CBO estimates that any net effects 
on direct spending would be negligible. Enacting the bill would 
not affect revenues. CBO also 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. 1838 would designate about 75,000 acres of BLM land in 
California as the Clear Creek National Recreation Area. Under 
the bill, the agency would be required to complete a new land 
use plan for the area within two 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 2017-2018 period.
    CBO expects that, under the bill, the affected lands would 
see a significant increase in use by the public and that the 
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 10 to 15 new 
employees to carry out administrative and law enforcement 
functions and that the cost of employing those individuals 
would total roughly $1 million a year.
    In addition, the legislation would require the BLM to 
establish a user fee program for operators of motorized 
vehicles to offset certain costs of administering the 
recreation area; we expect that those funds would be used 
primarily to construct trails and facilities for off-highway 
vehicles. Based on information regarding the amount of user 
fees collected at similar recreation areas, CBO estimates that 
fee collections and the associated spending would total less 
than $500,000 a year.
    Finally, H.R. 1838 would designate 21,000 acres of lands in 
central California as part of the National Wilderness 
Preservation System. Because the affected lands are already 
being managed for conservation purposes, CBO estimates that 
designating the new wilderness would have no significant effect 
on the federal budget.
    H.R. 1838 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    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 (CBO) estimates that implementing the bill would 
cost $5 million over 2017-2021, subject to appropriation. CBO 
also notes that the bill would increase offsetting receipts and 
the associated spending of those receipts, but any net effect 
on direct spending would be ``negligible.''
    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 Clear Creek National 
Recreation Area in San Benito and Fresno Counties, California 
and to designate the Joaquin Rocks Wilderness in such counties.

                           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 not amend existing law.
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