69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–693 

CALIFORNIA DESERT AND MOUNTAIN HERITAGE ACT OF 

2008 

JUNE 5, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3682] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3682) to designate certain Federal lands in Riverside 

County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, 

to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, 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 title may be cited as the ‘‘California Desert and Mountain 

Heritage Act of 2008’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DESIGNATION AND EXPANSION OF WILDERNESS AREAS 

Sec. 101. Definition of Secretary. 

Sec. 102. Designation of wilderness, Cleveland and San Bernardino National Forests, Joshua Tree National 

Park, and Bureau of Land Management land in Riverside County, California. 

Sec. 103. Joshua Tree National Park potential wilderness. 

Sec. 104. Administration of wilderness. 

TITLE II—WILD AND SCENIC RIVER DESIGNATIONS 

Sec. 201. Wild and scenic river designations, Riverside County, California. 

TITLE III—ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN JACINTO 

MOUNTAINS NATIONAL MONUMENT 

Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains National Monument. 

Sec. 302. Technical amendments to the Santa Rosa and San Jacinto Mountains National Monument Act of 2000. 


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TITLE I—DESIGNATION AND EXPANSION OF 

WILDERNESS AREAS 

SEC. 101. DEFINITION OF SECRETARY. 

In this title, the term ‘‘Secretary’’ means— 

(1) with respect to land under the jurisdiction of the Secretary of Agriculture, 

the Secretary of Agriculture; and 

(2) with respect to land under the jurisdiction of the Secretary of the Interior, 

the Secretary of the Interior. 

SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN BERNARDINO NATIONAL FORESTS, JOSHUA TREE NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT LAND 

IN RIVERSIDE COUNTY, CALIFORNIA. 

(a) AGUA TIBIA WILDERNESS ADDITIONS.—In accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain 

land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 2,053 acres, as generally depicted on the 

map titled ‘‘Proposed Addition to Agua Tibia Wilderness’’, and dated May 9, 2008, 

is designated as wilderness and is incorporated in, and shall be deemed to be a part 

of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93–632 (88 

Stat. 2154; 16 U.S.C. 1132 note). 

(b) CAHUILLA MOUNTAIN WILDERNESS.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, 

comprising approximately 5,585 acres, as generally depicted on the map titled 

‘‘Cahuilla Mountain Proposed Wilderness’’, and dated May 1, 2008, is designated as 

wilderness and, therefore, as a component of the National Wilderness Preservation 

System, which shall be known as the ‘‘Cahuilla Mountain Wilderness’’. 

(c) SOUTH FORK SAN JACINTO WILDERNESS.—In accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, 

California, comprising approximately 20,217 acres, as generally depicted on the map 

titled ‘‘South Fork San Jacinto Proposed Wilderness’’, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness 

Preservation System, which shall be known as the ‘‘South Fork San Jacinto Wilderness’’. 

(d) SANTA ROSA WILDERNESS ADDITIONS.—In accordance with the Wilderness Act 

(16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted 

on the map titled ‘‘Santa Rosa-San Jacinto National Monument Expansion and 

Santa Rosa Wilderness Addition’’, and dated March 12, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa 

Wilderness designated by section 101(a)(28) of Public Law 98–425 (98 Stat. 1623; 

16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 

103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). 

(e) BEAUTY MOUNTAIN WILDERNESS.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management 

in Riverside County, California, comprising approximately 15,621 acres, as generally 

depicted on the map titled ‘‘Beauty Mountain Proposed Wilderness’’, and dated April 

3, 2007, is designated as wilderness and, therefore, as a component of the National 

Wilderness Preservation System, which shall be known as the ‘‘Beauty Mountain 

Wilderness’’. 

(f) JOSHUA TREE NATIONAL PARK WILDERNESS ADDITIONS.—In accordance with 

the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in Joshua Tree National 

Park, comprising approximately 36,700 acres, as generally depicted on the map 

numbered 156/80,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness 

Additions’’, and dated March 2008, is designated as wilderness and is incorporated 

in, and shall be deemed to be a part of, the Joshua Tree Wilderness designated by 

section 1(g) of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note). 

(g) OROCOPIA MOUNTAINS WILDERNESS ADDITIONS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of 

Land Management in Riverside County, California, comprising approximately 4,635 

acres, as generally depicted on the map titled ‘‘Orocopia Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Orocopia Mountains Wilderness 

as designated by paragraph (44) of section 102 of Public Law 103–433 (108 Stat. 

4472; 16 U.S.C. 1132 note), except that the wilderness boundaries established by 

this subsection in Township 7 South are intended to exclude— 

(1) a corridor 250 feet north of the centerline of the Bradshaw Trail; 


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(2) a corridor 250 feet from both sides of the centerline of the vehicle route 

in the unnamed wash that flows between the Eagle Mountain Railroad on the 

south and the existing Orocopia Mountains Wilderness boundary; and 

(3) a corridor 250 feet from both sides of the centerline of the vehicle route 

in the unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the south and the existing Orocopia Mountains Wilderness 

boundary. 

(h) PALEN/MCCOY WILDERNESS ADDITIONS.—In accordance with the Wilderness 

Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as 

generally depicted on the map titled ‘‘Palen-McCoy Proposed Wilderness Additions’’, 

and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall 

be deemed to be a part of, the Palen/McCoy Wilderness as designated by paragraph 

(47) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note). 

(i) PINTO MOUNTAINS WILDERNESS.—In accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management 

in Riverside County, California, comprising approximately 24,404 acres, as generally 

depicted on the map titled ‘‘Pinto Mountains Proposed Wilderness’’, and dated February 21, 2008, is designated as wilderness and, therefore, as a component of the 

National Wilderness Preservation System, which shall be known as the ‘‘Pinto 

Mountains Wilderness’’. 

(j) CHUCKWALLA MOUNTAINS WILDERNESS ADDITIONS.—In accordance with the 

Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau 

of Land Management in Riverside County, California, comprising approximately 

12,815 acres, as generally depicted on the map titled ‘‘Chuckwalla Mountains Proposed Wilderness Addition’’, and dated May 8, 2008, is designated as wilderness and 

is incorporated in, and shall be deemed to be a part of the Chuckwalla Mountains 

Wilderness as designated by paragraph (12) of section 102 of Public Law 103–433 

(108 Stat. 4472; 16 U.S.C. 1132 note). 

(k) MAPS AND DESCRIPTIONS.— 

(1) IN GENERAL.—As soon as practicable after the date of the enactment of 

this Act, the Secretary shall file a map and legal description of each wilderness 

area and wilderness addition designated by this section with the Committee on 

Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 

(2) FORCE OF LAW.—A map and legal description filed under paragraph (1) 

shall have the same force and effect as if included in this title, except that the 

Secretary may correct errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. 

(l) UTILITY FACILITIES AND CORRIDORS.—The wilderness areas and wilderness additions designated by this section are intended to exclude rights of way for existing 

utility facilities, such as power, gas, and telecommunications lines, and associated 

structures and access roads, and existing designated utility corridors. Nothing in 

this section or the Wilderness Act shall be construed to prohibit construction, operation, and maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by 

this section. 

SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS. 

(a) DESIGNATION OF POTENTIAL WILDERNESS.—Certain land in the Joshua Tree 

National Park, comprising approximately 43,300 acres, as generally depicted on the 

map numbered 156/80,055, and titled ‘‘Joshua Tree National Park Proposed Wilderness Additions’’, and dated March 2008, is designated potential wilderness and shall 

be managed by the Secretary of the Interior insofar as practicable as wilderness 

until such time as the land is designated as wilderness pursuant to subsection (b). 

(b) DESIGNATION AS WILDERNESS.—The land designated potential wilderness by 

subsection (a) shall be designated as wilderness and incorporated in, and be deemed 

to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 

94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the Federal Register of a notice that— 

(1) all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; and 

(2) sufficient inholdings within the boundaries of the potential wilderness 

have been acquired to establish a manageable wilderness unit. 

(c) MAP AND DESCRIPTION.— 

(1) IN GENERAL.—As soon as practicable after the date on which the notice 

required by subsection (b) is published in the Federal Register, the Secretary 


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shall file a map and legal description of the land designated as wilderness and 

potential wilderness by this section with the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. 

(2) FORCE OF LAW.—The map and legal description filed under paragraph (1) 

shall have the same force and effect as if included in this title, except that the 

Secretary may correct errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary. 

SEC. 104. ADMINISTRATION OF WILDERNESS. 

(a) MANAGEMENT.—Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this title shall be administered by the Secretary 

in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— 

(1) any reference in that Act to the effective date of that Act shall be deemed 

to be a reference to— 

(A) the date of the enactment of this Act; or 

(B) in the case of the wilderness addition designated by subsection (b) of 

section 513, the date on which the notice required by such subsection is 

published in the Federal Register; and 

(2) any reference in that Act to the Secretary of Agriculture shall be deemed 

to be a reference to the Secretary that has jurisdiction over the land. 

(b) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any land within the 

boundaries of a wilderness area or wilderness addition designated by this title that 

is acquired by the United States shall— 

(1) become part of the wilderness area in which the land is located; and 

(2) be managed in accordance with this title, the Wilderness Act (16 U.S.C. 

1131 et seq.), and any other applicable law. 

(c) WITHDRAWAL.—Subject to valid rights in existence on the date of enactment 

of this Act, the land designated as wilderness by this title 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. 

(d) FIRE MANAGEMENT AND RELATED ACTIVITIES.— 

(1) IN GENERAL.—The Secretary may take such measures in a wilderness area 

or wilderness addition designated by this Act as are necessary for the control 

and prevention of fire, insects, and diseases (including the use of prescribed 

burning, priority treatments, or fuels reduction) in accordance with section 

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of 

the 98th Congress. 

(2) FUNDING PRIORITIES.—The designation of wilderness areas and wilderness 

additions by this title is not intended to alter the priorities afforded the land 

so designated in allocating funds for fire and related fuels management. 

(3) REVISION AND DEVELOPMENT OF LOCAL FIRE MANAGEMENT PLANS.—As soon 

as practicable after the date of the enactment of this Act, the Secretary shall 

amend the local fire management plans that apply to the Santa Rosa Wilderness and Agua Tibia Wilderness, and prepare local fire management plans for 

the Beauty Mountain Wilderness, Cahuilla Mountain Wilderness, and South 

Fork San Jacinto Wilderness Area, to identify appropriate local officials to take 

such actions in the wilderness areas as are necessary for fire prevention and 

watershed protection consistent with paragraph (1), including best management 

practices for fire pre-suppression and fire suppression measures and techniques. 

(4) STATE OR LOCAL AGENCIES.—Consistent with paragraph (1) and other applicable Federal law, the Secretary may delegate by written agreement primary 

fire fighting authority and related public safety activities to an appropriate 

State or local agency. 

(e) GRAZING.—Grazing of livestock in a wilderness area or wilderness addition 

designated by this title shall be administered in accordance with the provisions of 

section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set 

forth in House Report 96–617 to accompany H.R. 5487 of the 96th Congress. 

(f) NATIVE AMERICAN USES AND INTERESTS.— 

(1) EFFECT OF DESIGNATION.—Nothing in the designation of the Cahuilla 

Mountain Wilderness by this title affects the unique cultural artifacts and sacred sites of the Indian tribes that are contained within that wilderness area, 

as identified by Indian tribes and the Forest Service. 


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(2) ACCESS AND USE.—To the extent practicable, the Secretary shall ensure 

access to the Cahuilla Mountain Wilderness by members of an Indian tribe for 

traditional cultural purposes. In implementing this subsection, the Secretary, 

upon the request of an Indian tribe, may temporarily close to the general public 

use of one or more specific portions of the wilderness area in order to protect 

the privacy of traditional cultural activities in such areas by members of the 

Indian tribe. Any such closure shall be made to affect the smallest practicable 

area for the minimum period necessary for such purposes. Such access shall be 

consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996), 

commonly referred to as the American Indian Religious Freedom Act, and the 

Wilderness Act (11 U.S.C. 1131 et seq.). 

(3) INDIAN TRIBE DEFINED.—In this subsection, the term ‘‘Indian tribe’’ means 

any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because of 

their status as Indians. 

TITLE II—WILD AND SCENIC RIVER 

DESIGNATIONS 

SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE COUNTY, CALIFORNIA. 

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 

adding at the end the following new paragraphs: 

‘‘(l) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The following segments of 

the North Fork San Jacinto River in the State of California, to be administered by 

the Secretary of Agriculture: 

‘‘(A) The 2.12-mile segment from the source of the North Fork San Jacinto 

River at Deer Springs in Mt. San Jacinto State Park to the State Park boundary, as a wild river. 

‘‘(B) The 1.66-mile segment from the Mt. San Jacinto State Park boundary 

to the Lawler Park boundary in section 26, township 4 south, range 2 east, San 

Bernardino meridian, as a scenic river. 

‘‘(C) The 0.68-mile segment from the Lawler Park boundary to its confluence 

with Fuller Mill Creek, as a recreational river. 

‘‘(D) The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 

miles upstream of the 5S09 road crossing, as a wild river. 

‘‘(E) The 0.6-mile segment from .25 miles upstream of the 5S09 Road crossing 

to its confluence with Stone Creek, as a scenic river. 

‘‘(F) The 2.91-mile segment from the Stone Creek confluence to the northern 

boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river. 

‘‘(l) FULLER MILL CREEK, CALIFORNIA.—The following segments of Fuller Mill 

Creek in the State of California, to be administered by the Secretary of Agriculture: 

‘‘(A) The 1.2-mile segment from the source of Fuller Mill Creek in the San 

Jacinto Wilderness to the Pinewood property boundary in section 13, township 

4 south, range 2 east, San Bernardino meridian, as a scenic river. 

‘‘(B) The 0.9-mile segment in the Pine Wood property, as a recreational river. 

‘‘(C) The 1.4-mile segment from the Pinewood property boundary in section 

23, township 4 south, range 2 east, San Bernardino meridian, to its confluence 

with the North Fork San Jacinto River, as a scenic river. 

‘‘(l) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile segment of Palm Canyon 

Creek in the State of California from the southern boundary of section 6, township 

7 south, range 5 east, San Bernardino meridian, to the San Bernardino National 

Forest boundary in section 1, township 6 south, range 4 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the 

Secretary shall enter into a cooperative management agreement with the Agua 

Caliente Band of Cahuilla Indians to protect and enhance river values. 

‘‘(l) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment of Bautista Creek in 

the State of California from the San Bernardino National Forest boundary in section 

36, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino 

National Forest boundary in section 2, township 6 south, range 1 east, San 

Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river.’’. 


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TITLE III—ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 

JACINTO MOUNTAINS NATIONAL MONUMENT 

SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 

MONUMENT. 

Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act 

of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by 

adding at the end the following new subsection: 

‘‘(e) EXPANSION OF BOUNDARIES.—In addition to the land described in subsection 

(c), the boundaries of the National Monument shall include the following lands identified as additions to the National Monument on the map titled ‘Santa Rosa-San 

Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’, and 

dated March 12, 2008: 

‘‘(1) The ‘Santa Rosa Peak Area Monument Expansion’. 

‘‘(2) The ‘Snow Creek Area Monument Expansion’. 

‘‘(3) The ‘Tahquitz Peak Area Monument Expansion’. 

‘‘(4) The ‘Southeast Area Monument Expansion’, which is designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed 

part of, the Santa Rosa Wilderness.’’. 

SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000. 

Section 7(d) of the Santa Rosa and San Jacinto Mountains National Monument 

Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended 

by striking ‘‘eight’’ and inserting ‘‘a majority of the appointed’’. 

PURPOSE OF THE BILL

The purpose of H.R. 3682, as ordered reported, is to designate 

certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as 

wild, scenic, or recreational rivers, to adjust the boundary of the 

Santa Rosa and San Jacinto Mountains National Monument, and 

for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 3682 designates 146,824 acres of wilderness and an additional 43,300 acres of potential wilderness; and designates 31 miles 

of wild and scenic rivers in Riverside County, California. The bill 

also adds nearly 8,400 acres to the Santa Rosa-San Jacinto Mountains National Monument. 

The bill designates four new wilderness areas on U.S. Forest 

Service and Bureau of Land Management land and also adds land 

to six existing wilderness areas. It also adds four new areas to the 

national monument. Further, H.R. 3682 protects stretches of 

Bautista Creek, the north fork of the San Jacinto River and its 

tributary Fuller Creek, and Palm Canyon Creek. 

Resources within the areas protected by the bill include dramatic 

mountain vistas and vast desert landscapes, coastal sage scrub and 

chaparral, ancient Joshua trees, the largest ironwood ecosystem in 

the California desert, and one of the most pristine watersheds in 

southwestern California. The various units provide habitat for a 

wide variety of rare species including arroyo toads, San Bernardino 

kangaroo rats, southwestern willow fly-catchers and gray vireos, 

red rattlesnakes, desert tortoises, and Mojave fringe-toed lizards as 

well as the chuckwalla (an iguana-like lizard), and many other 

creatures. Historic resources include petroglyphs, rock rings and 


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other traces of thousands of years of residence by Native Americans. 

Much of the region is prone to fire. H.R. 3682 reiterates long-settled wilderness management law and practice making clear that 

federal agencies may act as necessary to prevent and control fire, 

disease and insects, including prescribed burning and, where necessary, the use of mechanized equipment. The bill would allow the 

agencies to use written agreements to delegate primary fire fighting authority and related public safety activities to state or local 

agencies. 

COMMITTEE ACTION

H.R. 3682 was introduced on September 27, 2007, by Representative Mary Bono Mack (R–CA). The bill was referred to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on National Parks, Forests and Public Lands. 

On November 13, 2007, the Subcommittee held a hearing on the 

bill. At the hearing, a witness for the Interior Department testified 

that the administration supported the bill’s provisions relating to 

the Bureau of Land Management and the National Park Service 

and suggested several mapping and acreage adjustments and clarifications. However, a witness for the U.S. Forest Service objected 

to several boundaries and units which do not match the current 

forest plans. The Forest Service also objected to the phrasing of a 

provision relating to temporary closures of one wilderness unit for 

traditional cultural and religious purposes. However, the Forest 

Service did not oppose the wild and scenic river designations, and 

supported the expansion of the national monument. 

On May 14, 2008, the Full Natural Resources Committee met to 

consider the bill. The Subcommittee on National Parks, Forests 

and Public Lands was discharged from further consideration of 

H.R. 3682. Subcommittee Chairman Grijalva (D–AZ) offered an 

amendment in the nature of a substitute making numerous 

changes in the bill to reflect minor mapping changes and better 

acreage estimates by the agencies, address administration concerns 

about temporary closures of the Cahuilla Mountains unit, revise 

language permitting the Forest Service to enter into a cooperative 

management agreement with the Agua Caliente Band of Cahuilla 

Indians to protect and enhance river values, and make a technical 

change relating to the local advisory group created in the legislation establishing the national monument (P.L. 106–351). The 

amendment also adjusted the provisions relating to fire management to be consistent with past legislation and The Wilderness Act. 

The Grijalva substitute was adopted by voice vote. The bill, as 

amended, was ordered favorably reported to the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents 

Section 1 provides that the bill may be cited as the ‘‘California 

Desert and Mountain Heritage Act of 2008’’ and provides a table 

of contents. 


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TITLE I—DESIGNATION AND EXPANSION OF WILDERNESS 

AREAS 

Sec. 101. Definition of Secretary 

Section 101 defines the term ‘‘Secretary’’ as the Secretary of Agriculture with respect to lands under the jurisdiction of the Secretary 

of Agriculture, and the Secretary of the Interior with respect to 

lands under the jurisdiction of the Secretary of the Interior. 

Sec. 102. Designation of wilderness, Cleveland and San Bernardino 

National Forests, Joshua Tree National Park, and Bureau of 

Land Management land in Riverside County, California 

Section 102 designates the following wilderness areas and additions to wilderness areas in Riverside County, California: 

(a) Agua Tibia Wilderness Additions, 2,053 acres in the Cleveland National Forest. 

(b) Cahuilla Mountain Wilderness, 5,585 acres in the San 

Bernardino National Forest. 

(c) South Fork San Jacinto Wilderness, 20,217 acres in the San 

Bernardino National Forest. 

(d) Santa Rosa Wilderness Additions, 2,149 acres in the San 

Bernardino National Forest and on certain public lands administered by the Bureau of Land Management. 

(e) Beauty Mountain Wilderness, 15,621 acres of public land administered by the Bureau of Land Management. 

(f) Joshua Tree National Park Wilderness Additions, 36,700 acres 

in Joshua Tree National Park. 

(g) Orocopia Mountains Wilderness Additions, 4,635 acres of public land administered by the Bureau of Land Management; with 

language specifying that the map is intended to exclude a corridor 

of 250 feet north of the centerline of the Bradshaw Trail, and 250 

feet on either side of two unnamed trails from the boundary of the 

existing wilderness area south to Eagle Mountain Railroad and to 

the Chocolate Mountain Aerial Gunnery Range to accommodate existing off road vehicle use and associated camping. 

(h) Palen/McCoy Wilderness Additions, 22,645 acres of public 

land administered by the Bureau of Land Management. 

(i) Pinto Mountains Wilderness, 24,404 acres of public land administered by the Bureau of Land Management. 

(j) Chuckwalla Mountains Wilderness Additions, 12,815 acres of 

public land administered by the Bureau of Land Management. 

Section 102 also provides that the maps for each of the wilderness areas or additions designated are intended to exclude the 

rights of way for existing utility facilities, such as power, gas, and 

telecommunications lines, and associated structures and access 

roads, and existing designated utility corridors. The language also 

clarifies that nothing in this section or the Wilderness Act shall be 

construed to prohibit construction, operation, and maintenance of 

existing utility facilities located outside of the designated wilderness areas and additions. 

Sec. 103. Joshua Tree National Park potential wilderness 

Section 103 provides that approximately 43,300 acres within 

Joshua Tree National Park are designated as potential wilderness, 

which shall be designated as wilderness and incorporated into the 


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existing Joshua Tree Wilderness effective upon publication by the 

Secretary of the Interior in the Federal Register of a notice that all 

uses of the land within the potential wilderness prohibited by the 

Wilderness Act have ceased; and that sufficient inholdings within 

the boundaries of the potential wilderness have been acquired to 

establish a manageable wilderness unit. 

Sec. 104. Administration of wilderness 

Section 104 provides that the lands designated as wilderness or 

wilderness additions shall be administered according to the Wilderness Act except that any reference to the effective date of that Act 

shall be deemed to be a reference to the date of the enactment of 

H.R. 3682, or in the case of the Joshua Tree potential wilderness, 

the date on which the notice described above is published in the 

Federal Register. The section also stipulates that any reference in 

the Wilderness Act to the Secretary of Agriculture shall be deemed 

in H.R. 3682 to be a reference to the Secretary that has jurisdiction 

over the land. 

Section 104 also withdraws all land designated as wilderness 

from entry, appropriation or disposal under public land laws; location, entry or patent under the mining laws; or disposition under 

all laws pertaining to mineral and geothermal leasing or mineral 

materials. 

Section 104(d)(1) addresses the Secretaries’ broad authority to 

undertake management activities to address the threats of fire, insect, and disease in the wilderness areas designated. The Act states 

that ‘‘such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the 

Secretary deems desirable’’ (emphasis added). 

As the Committee has stated repeatedly, the Wilderness Act does 

permit the Forest Service and the Department of the Interior to 

use measures necessary to control wildfires, or the threat of wildfire, in wilderness areas. As H.R. 3682 expressly states, that includes prescribed burning, priority treatments, or fuels reduction. 

Neither section 4(d)(1) of the Wilderness Act nor H.R. 3682 restricts federal agencies to the specified activities only. 

While the authority to use necessary measures is very broad, the 

agencies are expected to exercise that authority, to the maximum 

extent practicable, in a manner that is consistent with maintaining 

the wilderness character of the area. This instruction should not be 

construed as to conflict with the plain authority in the Wilderness 

Act to undertake such measures as may be necessary to control 

fire, insects and disease, and to protect public health and safety, 

and protect private property located immediately adjacent to those 

areas. 

Additionally, the Committee directs that designation of wilderness areas and wilderness additions by this title does not alter the 

priorities afforded the land so designated in allocating funds for 

fire and related fuels management. 

Section 104(d)(3) directs the Forest Service to immediately 

amend the appropriate local fire plans (or prepare local fire plans 

for the new wilderness areas designated) to identify appropriate 

local officials to undertake fire prevention and watershed protection actions, consistent with paragraph (1) of the section, including 


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best management practices for fire pre-suppression and fire suppression measures and techniques. 

Section 104(d)(4) permits the Secretary to delegate primary fire 

fighting authority and related public safety activities to appropriate 

state or local authorities. 

Section 104(e) contains standard language regarding the administration of grazing in designated wilderness areas. 

Section 104(f) directs the Secretary to ensure access to the 

Cahuilla Mountain Wilderness by members of a recognized Indian 

tribe for traditional cultural purposes, consistent with the American Indian Religious Freedom Act and the Wilderness Act. 

TITLE II—WILD AND SCENIC RIVER DESIGNATIONS 

Sec. 201. Wild and scenic river designations, Riverside County, 

California 

Section 201 designates a total of 31.52 miles of wild, scenic and 

recreational river segments, including six segments of the North 

Fork of the San Jacinto River, three segments on Fuller Mill 

Creek, a segment of Palm Canyon Creek that will be managed 

through a cooperative management agreement with the Agua 

Caliente Band of Cahuilla Indian, and a segment of Bautista 

Creek. 

TITLE III—ADDITIONS AND TECHNICAL CORRECTIONS TO 

SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 

MONUMENT 

Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto 

Mountains National Monument 

Section 301 expands the boundary of the Santa Rosa and San 

Jacinto Mountains National Monument to include the area around 

Santa Rosa Peak, the Snow Creek area, the area around Tahquitz 

Peak, and various parcels along the southeastern boundary of the 

national monument. The additions total 8,367 acres. 

Sec. 302. Technical amendments to the Santa Rosa and San Jacinto 

Mountains National Monument Act of 2000 

Section 302 amends the 2000 act to allow the ten-member local 

advisory committee established in that law to operate with a 

quorum constituting a majority of the members appointed, rather 

than eight members as required in the original law. 

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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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. 

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 designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in 

Riverside County as wild, scenic, or recreational rivers, to adjust 

the boundary of the Santa Rosa and San Jacinto Mountains National Monument. 

4. Congressional Budget Office Cost Estimate. 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: 

H.R. 3682—California Desert and Mountain Heritage Act of 2008 

H.R. 3682 would designate about 190,000 acres of land in southern California as wilderness or potential wilderness. The bill also 

would designate over 30 miles of rivers or creeks in the area as 

wild, scenic, or recreational rivers under the Wild and Scenic Rivers Act. Based on information provided by the Forest Service and 

the Department of the Interior (DOI), CBO estimates that enacting 

H.R. 3682 would have no significant effect on the federal budget. 

The acreage and waterways to be added to the National Wilderness Preservation System and the Wild and Scenic River System 

are currently administered by the Bureau of Land Management, 

the National Park Service, or the Forest Service. CBO estimates 

that no additional resources would be required to manage the affected areas as a result of the new designations. We expect that 

any costs to revise brochures, maps, and signs to reflect the new 

designations would be minimal because most such revisions would 

take place in conjunction with scheduled reprinting and routine 

maintenance. Finally, we estimate that enacting the bill would 

have no effect on Forest Service or DOI receipts. 

H.R. 3682 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 Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant for Budget Analysis. 


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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 3682 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 3 OF THE WILD AND SCENIC RIVERS ACT 

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

(1) * * * 

* * * * * * * 

(l) NORTH FORK SAN JACINTO RIVER, CALIFORNIA.—The following segments of the North Fork San Jacinto River in the State 

of California, to be administered by the Secretary of Agriculture: 

(A) The 2.12-mile segment from the source of the North Fork 

San Jacinto River at Deer Springs in Mt. San Jacinto State 

Park to the State Park boundary, as a wild river. 

(B) The 1.66-mile segment from the Mt. San Jacinto State 

Park boundary to the Lawler Park boundary in section 26, 

township 4 south, range 2 east, San Bernardino meridian, as 

a scenic river. 

(C) The 0.68-mile segment from the Lawler Park boundary to 

its confluence with Fuller Mill Creek, as a recreational river. 

(D) The 2.15-mile segment from its confluence with Fuller 

Mill Creek to .25 miles upstream of the 5S09 road crossing, as 

a wild river. 

(E) The 0.6-mile segment from .25 miles upstream of the 5S09 

Road crossing to its confluence with Stone Creek, as a scenic 

river. 

(F) The 2.91-mile segment from the Stone Creek confluence to 

the northern boundary of section 17, township 5 south, range 2 

east, San Bernardino meridian, as a wild river. 

(l) FULLER MILL CREEK, CALIFORNIA.—The following segments 

of Fuller Mill Creek in the State of California, to be administered 

by the Secretary of Agriculture: 

(A) The 1.2-mile segment from the source of Fuller Mill Creek 

in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San 

Bernardino meridian, as a scenic river. 


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(B) The 0.9-mile segment in the Pine Wood property, as a recreational river. 

(C) The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San 

Bernardino meridian, to its confluence with the North Fork San 

Jacinto River, as a scenic river. 

(l) PALM CANYON CREEK, CALIFORNIA.—The 8.1-mile segment of 

Palm Canyon Creek in the State of California from the southern 

boundary of section 6, township 7 south, range 5 east, San 

Bernardino meridian, to the San Bernardino National Forest 

boundary in section 1, township 6 south, range 4 east, San 

Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of 

Cahuilla Indians to protect and enhance river values. 

(l) BAUTISTA CREEK, CALIFORNIA.—The 9.8-mile segment of 

Bautista Creek in the State of California from the San Bernardino 

National Forest boundary in section 36, township 6 south, range 2 

east, San Bernardino meridian, to the San Bernardino National 

Forest boundary in section 2, township 6 south, range 1 east, San 

Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river. 

* * * * * * * 

SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 

MONUMENT ACT OF 2000 

* * * * * * * 

SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT, CALIFORNIA. 

(a) * * * 

* * * * * * * 

(e) EXPANSION OF BOUNDARIES.—In addition to the land described in subsection (c), the boundaries of the National Monument 

shall include the following lands identified as additions to the National Monument on the map titled ‘‘Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition’’, 

and dated March 12, 2008: 

(1) The ‘‘Santa Rosa Peak Area Monument Expansion’’. 

(2) The ‘‘Snow Creek Area Monument Expansion’’. 

(3) The ‘‘Tahquitz Peak Area Monument Expansion’’. 

(4) The ‘‘Southeast Area Monument Expansion’’, which is designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa Wilderness. 

* * * * * * * 

SEC. 7. LOCAL ADVISORY COMMITTEE. 

(a) * * * 

* * * * * * * 

(d) QUORUM.—A quorum shall be øeight¿ a majority of the appointed members of the advisory committee. The operations of the 

advisory committee shall not be impaired by the fact that a memVerDate Aug 31 2005 06:41 Jun 07, 2008 Jkt 069006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR693.XXX HR693

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ber has not yet been appointed as long as a quorum has been attained. 

* * * * * * * 

Æ 


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