II 

112TH CONGRESS 

1ST SESSION S. 138 

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. REID (for Mrs. FEINSTEIN) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘California Desert Protection Act of 2011’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the California Desert Protection Act of 1994. 

‘‘TITLE XIII—MOJAVE TRAILS NATIONAL MONUMENT 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 138 IS

‘‘Sec. 1301. Definitions. 

‘‘Sec. 1302. Establishment of the Mojave Trails National Monument. 

‘‘Sec. 1303. Management of the Monument. 

‘‘Sec. 1304. Uses of the monument. 

‘‘Sec. 1305. Acquisition of land. 

‘‘Sec. 1306. Advisory Committee. 

‘‘Sec. 1307. Renewable energy right-of-way applications. 

‘‘TITLE XIV—SAND TO SNOW NATIONAL MONUMENT 

‘‘Sec. 1401. Definitions. 

‘‘Sec. 1402. Establishment of the Sand to Snow National Monument. 

‘‘Sec. 1403. Management of the Monument. 

‘‘Sec. 1404. Uses of the Monument. 

‘‘Sec. 1405. Acquisition of land. 

‘‘Sec. 1406. Advisory Committee. 

‘‘TITLE XV—WILDERNESS 

‘‘Sec. 1501. Designation of wilderness areas. 

‘‘Sec. 1502. Management. 

‘‘Sec. 1503. Release of wilderness study areas. 

‘‘TITLE XVI—DESIGNATION OF SPECIAL MANAGEMENT AREA 

‘‘Sec. 1601. Definitions. 

‘‘Sec. 1602. Establishment of the Vinagre Wash Special Management 

Area. 

‘‘Sec. 1603. Management. 

‘‘Sec. 1604. Potential wilderness. 

‘‘TITLE XVII—NATIONAL PARK SYSTEM ADDITIONS 

‘‘Sec. 1701. Death Valley National Park boundary revision. 

‘‘Sec. 1702. Mojave National Preserve. 

‘‘Sec. 1703. Joshua Tree National Park boundary revision. 

‘‘Sec. 1704. Authorization of appropriations. 

‘‘TITLE XVIII—OFF-HIGHWAY VEHICLE RECREATION AREAS 

‘‘Sec. 1801. Designation of off-highway vehicle recreation areas. 

‘‘TITLE XIX—MISCELLANEOUS 

‘‘Sec. 1901. State land transfers and exchanges. 

‘‘Sec. 1902. Military activities. 

‘‘Sec. 1903. Climate change and wildlife corridors. 

‘‘Sec. 1904. Prohibited uses of donated and acquired land. 

‘‘Sec. 1905. Tribal uses and interests. 

Sec. 3. Designation of wild and scenic rivers. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 138 IS

1 SEC. 2. AMENDMENTS TO THE CALIFORNIA DESERT PRO2 TECTION ACT OF 1994. 

3 (a) IN GENERAL.—Public Law 103–433 (16 U.S.C. 

4 410aaa et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘TITLE XIII—MOJAVE TRAILS 

7 NATIONAL MONUMENT 

8 ‘‘SEC. 1301. DEFINITIONS. 

9 ‘‘In this title: 

10 ‘‘(1) MAP.—The term ‘map’ means the map en11 titled ‘Boundary Map, Mojave Trails National 

12 Monument’ and dated November 19, 2009. 

13 ‘‘(2) MONUMENT.—The term ‘Monument’ 

14 means the Mojave Trails National Monument estab15 lished by section 1302(a). 

16 ‘‘(3) STUDY AREA.—The term ‘study area’ 

17 means the land that— 

18 ‘‘(A) is described in— 

19 ‘‘(i) the notice of the Bureau of Land 

20 Management of September 15, 2008 enti21 tled ‘Notice of Proposed Legislative With22 drawal and Opportunity for Public Meet23 ing; California’ (73 Fed. Reg. 53269); or 

24 ‘‘(ii) any subsequent notice in the 

25 Federal Register that is related to the no26 tice described in clause (i); and 


srobinson on DSKHWCL6B1PROD with BILLS
4 

•S 138 IS

1 ‘‘(B) has been segregated by the Director 

2 of the Bureau of Land Management. 

3 ‘‘SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NA4 TIONAL MONUMENT. 

5 ‘‘(a) ESTABLISHMENT.—There is designated in the 

6 State the Mojave Trails National Monument. 

7 ‘‘(b) PURPOSES.—The purposes of the Monument 

8 are— 

9 ‘‘(1) to preserve the nationally significant bio10 logical, cultural, recreational, geological, educational, 

11 historic, scenic, and scientific values— 

12 ‘‘(A) in the Central and Eastern Mojave 

13 Desert; and 

14 ‘‘(B) along historic Route 66; and 

15 ‘‘(2) to secure the opportunity for present and 

16 future generations to experience and enjoy the mag17 nificent vistas, wildlife, land forms, and natural and 

18 cultural resources of the Monument. 

19 ‘‘(c) BOUNDARIES.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Monument shall consist of the Fed22 eral land and Federal interests in land within the 

23 boundaries depicted on the map. 

24 ‘‘(2) EXCLUSIONS.— 


srobinson on DSKHWCL6B1PROD with BILLS
5 

•S 138 IS

1 ‘‘(A) STUDY AREA.—Subject to subpara2 graph (B), the study area shall be excluded 

3 from the Monument to permit the Secretary of 

4 the Navy to study the land within the study 

5 area for— 

6 ‘‘(i) withdrawal in accordance with the 

7 Act of February 28, 1958 (43 U.S.C. 155 

8 et seq.); and 

9 ‘‘(ii) potential inclusion into the Ma10 rine Corps Air Ground Combat Center at 

11 Twentynine Palms, California, for national 

12 defense purposes. 

13 ‘‘(B) INCORPORATION IN MONUMENT.— 

14 After action by the Secretary of Defense and 

15 Congress regarding the withdrawal under sub16 paragraph (A), any land within the study area 

17 that is not withdrawn shall be incorporated into 

18 the Monument. 

19 ‘‘(d) MAP; LEGAL DESCRIPTIONS.— 

20 ‘‘(1) LEGAL DESCRIPTION.—As soon as prac21 ticable after the date of enactment of this title, the 

22 Secretary shall submit to the Committee on Natural 

23 Resources of the House of Representatives and the 

24 Committee on Energy and Natural Resources of the 


srobinson on DSKHWCL6B1PROD with BILLS
6 

•S 138 IS

1 Senate legal descriptions of the Monument, based on 

2 the map. 

3 ‘‘(2) CORRECTIONS.—The map and legal de4 scriptions of the Monument shall have the same 

5 force and effect as if included in this title, except 

6 that the Secretary may correct clerical and typo7 graphical errors in the map and legal descriptions. 

8 ‘‘(3) AVAILABILITY OF MAP.—The map shall be 

9 on file and available for public inspection in the ap10 propriate offices of the Bureau of Land Manage11 ment. 

12 ‘‘SEC. 1303. MANAGEMENT OF THE MONUMENT. 

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

14 ‘‘(1) only allow uses of the Monument that— 

15 ‘‘(A) further the purposes described in sec16 tion 1302(b); 

17 ‘‘(B) are included in the management plan 

18 developed under subsection (g); and 

19 ‘‘(C) do not interfere with the utility 

20 rights-of-way or corridors authorized under sec21 tion 1304(f); and 

22 ‘‘(2) subject to valid existing rights, manage the 

23 Monument to protect the resources of the Monu24 ment, in accordance with— 

25 ‘‘(A) this Act; 


srobinson on DSKHWCL6B1PROD with BILLS
7 

•S 138 IS

1 ‘‘(B) the Federal Land Policy and Man2 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

3 and 

4 ‘‘(C) any other applicable provisions of law. 

5 ‘‘(b) COOPERATION AGREEMENTS; GENERAL AU6 THORITY.—Consistent with the management plan and ex7 isting authorities applicable to the Monument, the Sec8 retary may enter into cooperative agreements and shared 

9 management arrangements (including special use permits 

10 with any person (including educational institutions and In11 dian tribes)), for the purposes of interpreting, researching, 

12 and providing education on the resources of the Monu13 ment. 

14 ‘‘(c) ADMINISTRATION OF SUBSEQUENTLY AC15 QUIRED LAND.—Any land or interest in land within the 

16 boundaries of the Monument that is acquired by the Sec17 retary after the date of enactment of this title shall be 

18 managed by the Secretary in accordance with this title. 

19 ‘‘(d) LIMITATIONS.— 

20 ‘‘(1) PROPERTY RIGHTS.—The establishment of 

21 the Monument does not— 

22 ‘‘(A) affect— 

23 ‘‘(i) any property rights of an Indian 

24 reservation, individually held trust land, or 

25 any other Indian allotments; 


srobinson on DSKHWCL6B1PROD with BILLS
8 

•S 138 IS

1 ‘‘(ii) any land or interests in land held 

2 by the State, any political subdivision of 

3 the State, or any special district; or 

4 ‘‘(iii) any private property rights with5 in the boundaries of the Monument; or 

6 ‘‘(B) grant to the Secretary any authority 

7 on or over non-Federal land not already pro8 vided by law. 

9 ‘‘(2) AUTHORITY.—The authority of the Sec10 retary under this title extends only to Federal land 

11 and Federal interests in land included in the Monu12 ment. 

13 ‘‘(e) ADJACENT MANAGEMENT.— 

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

15 any protective perimeter or buffer zone around the 

16 Monument. 

17 ‘‘(2) ACTIVITIES OUTSIDE MONUMENT.—The 

18 fact that an activity or use on land outside the 

19 Monument can be seen or heard within the Monu20 ment shall not preclude the activity or use outside 

21 the boundary of the Monument. 

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

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


srobinson on DSKHWCL6B1PROD with BILLS
9 

•S 138 IS

1 ‘‘(f) AIR AND WATER QUALITY.—Nothing in this title 

2 affects the standards governing air or water quality out3 side the boundary of the Monument. 

4 ‘‘(g) MANAGEMENT PLAN.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall— 

6 ‘‘(A) not later than 3 years after the date 

7 of enactment of this title, complete a manage8 ment plan for the conservation and protection 

9 of the Monument; and 

10 ‘‘(B) on completion of the management 

11 plan— 

12 ‘‘(i) submit the management plan 

13 to— 

14 ‘‘(I) the Committee on Natural 

15 Resources of the House of Represent16 atives; and 

17 ‘‘(II) the Committee on Energy 

18 and Natural Resources of the Senate; 

19 and 

20 ‘‘(ii) make the management plan 

21 available to the public. 

22 ‘‘(2) INCLUSIONS.—The management plan shall 

23 include provisions that— 

24 ‘‘(A) provide for the conservation and pro25 tection of the Monument; 


srobinson on DSKHWCL6B1PROD with BILLS
10 

•S 138 IS

1 ‘‘(B) authorize the continued recreational 

2 uses of the Monument (including hiking, camp3 ing, hunting, mountain biking, sightseeing, off4 highway vehicle recreation on designated routes, 

5 rockhounding, and horseback riding), if the rec6 reational uses are consistent with this section 

7 and any other applicable law; 

8 ‘‘(C) address the need for and, as nec9 essary, establish plans for, the installation, con10 struction, and maintenance of public utility en11 ergy transport facilities within rights-of-way in 

12 the Monument, including provisions that re13 quire that the activities be conducted in a man14 ner that minimizes the impact on Monument re15 sources (including resources relating to the eco16 logical, cultural, historic, and scenic viewshed of 

17 the Monument), in accordance with any other 

18 applicable law; 

19 ‘‘(D) address the designation and mainte20 nance of roads, trails, and paths in the Monu21 ment; 

22 ‘‘(E) address regional fire management 

23 planning and coordination between the Director 

24 of the Bureau of Land Management, the DirecVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
11 

•S 138 IS

1 tor of the National Park Service, and San 

2 Bernardino County; and 

3 ‘‘(F) address the establishment of a visitor 

4 center to serve the Monument and adjacent 

5 public land. 

6 ‘‘(3) PREPARATION AND IMPLEMENTATION.— 

7 ‘‘(A) APPLICABLE LAW.—The Secretary 

8 shall prepare and implement the management 

9 plan in accordance with the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.) and any other applicable laws. 

12 ‘‘(B) CONSULTATION.—In preparing and 

13 implementing the management plan, the Sec14 retary shall periodically consult with— 

15 ‘‘(i) the advisory committee estab16 lished under section 1306; 

17 ‘‘(ii) interested private property own18 ers and holders of valid existing rights lo19 cated within the boundaries of the Monu20 ment; and 

21 ‘‘(iii) representatives of the Fort Mo22 jave Indian tribe, the Colorado River In23 dian Tribe, the Chemehuevi Indian tribe, 

24 and other Indian tribes with historic or 

25 cultural ties to land within, or adjacent to, 


srobinson on DSKHWCL6B1PROD with BILLS
12 

•S 138 IS

1 the Monument regarding the management 

2 of portions of the Monument containing 

3 sacred sites or cultural importance to the 

4 Indian tribes. 

5 ‘‘(4) INTERIM MANAGEMENT.—Except as other6 wise provided in this Act, pending completion of the 

7 management plan for the Monument, the Secretary 

8 shall manage any Federal land and Federal interests 

9 in land within the boundary of the Monument— 

10 ‘‘(A) consistent with the existing permitted 

11 uses of the land; 

12 ‘‘(B) in accordance with the general guide13 lines and authorities of the existing manage14 ment plans of the Bureau of Land Management 

15 for the land; and 

16 ‘‘(C) in a manner consistent with— 

17 ‘‘(i) the purposes described in section 

18 1302(b); 

19 ‘‘(ii) the provisions of the manage20 ment plan under paragraph (2); and 

21 ‘‘(iii) applicable Federal law. 

22 ‘‘(h) EFFECT OF SECTION.—Nothing in this section 

23 diminishes or alters existing authorities applicable to Fed24 eral land included in the Monument. 


srobinson on DSKHWCL6B1PROD with BILLS
13 

•S 138 IS

1 ‘‘SEC. 1304. USES OF THE MONUMENT. 

2 ‘‘(a) USE OF OFF-HIGHWAY VEHICLES.— 

3 ‘‘(1) IN GENERAL.—The use of off-highway ve4 hicles in the Monument (including the use of off5 highway vehicles for commercial touring) shall be 

6 permitted to continue on designated routes, subject 

7 to all applicable law and and authorized by the man8 agement plan. 

9 ‘‘(2) NONDESIGNATED ROUTES.—Off-highway 

10 vehicle access shall be permitted on nondesignated 

11 routes and trails in the Monument— 

12 ‘‘(A) for administrative purposes; 

13 ‘‘(B) to respond to an emergency; or 

14 ‘‘(C) as authorized under the management 

15 plan. 

16 ‘‘(3) INVENTORY.—Not later than 2 years after 

17 the date of enactment of this title, the Director of 

18 the Bureau of Land Management shall complete an 

19 inventory of all existing routes in the Monument. 

20 ‘‘(b) HUNTING, TRAPPING, AND FISHING.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), the Secretary shall permit hunting, trap23 ping, and fishing within the Monument in accord24 ance with applicable Federal and State laws (includ25 ing regulations) in effect as of the date of enactment 

26 of this title. 


srobinson on DSKHWCL6B1PROD with BILLS
14 

•S 138 IS

1 ‘‘(2) TRAPPING.—No amphibians or reptiles 

2 may be collected within the Monument. 

3 ‘‘(3) REGULATIONS.—The Secretary, after con4 sultation with the California Department of Fish 

5 and Game, may issue regulations designating zones 

6 where, and establishing periods during which, no 

7 hunting, trapping, or fishing shall be permitted in 

8 the Monument for reasons of public safety, adminis9 tration, resource protection, or public use and enjoy10 ment. 

11 ‘‘(c) GRAZING.— 

12 ‘‘(1) IN GENERAL.—Nothing in this title termi13 nates any valid existing grazing allotment within the 

14 Monument. 

15 ‘‘(2) EFFECT ON BLAIR PERMIT.—Nothing in 

16 this title affects the Lazy Daisy grazing permit (per17 mittee number 9076) on land included in the Monu18 ment, including the transfer of title to the grazing 

19 permit to the Secretary or to a private party. 

20 ‘‘(3) PERMIT RETIREMENT.—The Secretary 

21 may acquire base property and associated grazing 

22 permits within the Monument for purposes of per23 manently retiring the permit if— 

24 ‘‘(A) the permittee is a willing seller; 


srobinson on DSKHWCL6B1PROD with BILLS
15 

•S 138 IS

1 ‘‘(B) the permittee and Secretary reach an 

2 agreement concerning the terms and conditions 

3 of the acquisition; and 

4 ‘‘(C) termination of the allotment would 

5 further the purposes of the Monument de6 scribed in section 1302(b). 

7 ‘‘(d) ACCESS TO STATE AND PRIVATE LAND.—The 

8 Secretary shall provide adequate access to each owner of 

9 non-Federal land or interests in non-Federal land within 

10 the boundary of the Monument to ensure the reasonable 

11 use and enjoyment of the land or interest by the owner. 

12 ‘‘(e) LIMITATIONS.— 

13 ‘‘(1) COMMERCIAL ENTERPRISES.—Except as 

14 provided in paragraphs (2) and (3), or as required 

15 for the maintenance, upgrade, expansion, or develop16 ment of energy transport facilities in the corridors 

17 described in subsection (g), no commercial enter18 prises shall be authorized within the boundary of the 

19 Monument after the date of enactment of this title. 

20 ‘‘(2) AUTHORIZED EXCEPTIONS.—The Sec21 retary may authorize exceptions to paragraph (1) if 

22 the Secretary determines that the commercial enter23 prises would further the purposes described in sec24 tion 1302(b). 


srobinson on DSKHWCL6B1PROD with BILLS
16 

•S 138 IS

1 ‘‘(3) APPLICABILITY.—This subsection does not 

2 apply to— 

3 ‘‘(A) transmission and telecommunication 

4 facilities that are owned or operated by a utility 

5 subject to regulation by the Federal Govern6 ment or a State government or a State utility 

7 with a service obligation (as those terms are de8 fined in section 217 of the Federal Power Act 

9 (16 U.S.C. 824q)); or 

10 ‘‘(B) commercial vehicular touring enter11 prises within the Monument that operate on 

12 designated routes. 

13 ‘‘(f) UTILITY RIGHTS-OF-WAY.— 

14 ‘‘(1) IN GENERAL.—Nothing in this title pre15 cludes, prevents, or inhibits the maintenance, up16 grade, expansion, or development of energy trans17 port facilities within the Monument that are critical 

18 to reducing the effects of climate change on the envi19 ronment. 

20 ‘‘(2) AUTHORIZATION.—The Secretary shall, to 

21 the maximum extent practicable— 

22 ‘‘(A) permit rights-of-way and alignments 

23 that best protect the values and resources of 

24 the Monument described in section 1302(b); 

25 and 


srobinson on DSKHWCL6B1PROD with BILLS
17 

•S 138 IS

1 ‘‘(B) ensure that existing rights-of-way 

2 and utility corridors within the Monument are 

3 fully utilized before permitting new rights-of4 way or designating new utility corridors within 

5 the Monument. 

6 ‘‘(3) EFFECT ON EXISTING FACILITIES AND

7 RIGHTS-OF-WAY.—Nothing in this section terminates 

8 or limits— 

9 ‘‘(A) any valid right-of-way within the 

10 Monument in existence on the date of enact11 ment of this title (including customary oper12 ation, maintenance, repair, or replacement ac13 tivities in a right-of-way); or 

14 ‘‘(B) a right-of-way authorization issued on 

15 the expiration of an existing right-of-way au16 thorization described in subparagraph (A). 

17 ‘‘(4) UPGRADING AND EXPANSION OF EXISTING

18 RIGHTS-OF-WAY.—Nothing in this subsection pro19 hibits the upgrading (including the construction or 

20 replacement), expansion, or assignment of an exist21 ing utility transmission line for the purpose of in22 creasing the capacity of— 

23 ‘‘(A) a transmission line in existing rights24 of-way; or 


srobinson on DSKHWCL6B1PROD with BILLS
18 

•S 138 IS

1 ‘‘(B) a right-of-way issued, granted, or 

2 permitted by the Secretary that is contiguous or 

3 adjacent to existing transmission line rights-of4 way. 

5 ‘‘(5) INTERSTATE 40 TRANSPORTATION COR6 RIDOR.—For purposes of underground utility rights7 of-way under this subsection, the Secretary shall 

8 consider the Interstate 40 transportation corridor to 

9 be equivalent to an existing utility right-of-way cor10 ridor. 

11 ‘‘(6) NEW RIGHTS-OF-WAY.— 

12 ‘‘(A) IN GENERAL.—Any new rights-of-way 

13 or new uses within existing rights-of-way 

14 shall— 

15 ‘‘(i) only be permitted in energy cor16 ridors or expansions of energy corridors 

17 that are designated as of the date of enact18 ment of this title; and 

19 ‘‘(ii) subject to subparagraph (B), re20 quire review and approval under the Na21 tional Environmental Policy Act of 1969 

22 (42 U.S.C. 4321 et seq.). 

23 ‘‘(B) APPROVAL.—New rights-of-way or 

24 uses or expansions of existing corridors under 

25 subparagraph (A) shall only be approved if the 


srobinson on DSKHWCL6B1PROD with BILLS
19 

•S 138 IS

1 head of the applicable lead Federal agency, in 

2 consultation with other agencies as appropriate, 

3 determines that the new rights-of-way, uses, or 

4 expansions are consistent with— 

5 ‘‘(i) this title; 

6 ‘‘(ii) other applicable laws; 

7 ‘‘(iii) the purposes of the Monument 

8 described in section 1302(b); and 

9 ‘‘(iv) the management plan for the 

10 Monument. 

11 ‘‘(g) WEST WIDE ENERGY CORRIDOR.— 

12 ‘‘(1) ALTERNATIVE ALIGNMENT.—Subject to 

13 paragraph (2), to further the purposes of the Monu14 ment described in section 1302(b), the Secretary 

15 may require a realignment of the energy right-of16 way corridor numbered 27–41 and designated under 

17 the energy corridor planning process established by 

18 section 368 of the Energy Policy Act of 2005 (42 

19 U.S.C. 15926) if an alternative alignment within the 

20 Monument— 

21 ‘‘(A) provides substantially similar energy 

22 transmission capacity and reliability; 

23 ‘‘(B) does not impair other existing rights24 of-way; and 


srobinson on DSKHWCL6B1PROD with BILLS
20 

•S 138 IS

1 ‘‘(C) is compatible with military training 

2 requirements. 

3 ‘‘(2) CONSULTATION.—Before establishing an 

4 alternative alignment of the energy right-of-way cor5 ridor under paragraph (1), the Secretary shall con6 sult with— 

7 ‘‘(A) the Secretary of Energy; 

8 ‘‘(B) the Secretary of Defense; 

9 ‘‘(C) the State, including the transmission 

10 permitting agency of the State; 

11 ‘‘(D) units of local government in the 

12 State; and 

13 ‘‘(E) any entities possessing valid existing 

14 rights-of-way within— 

15 ‘‘(i) the energy corridor described in 

16 paragraph (1); or 

17 ‘‘(ii) any potential alternative energy 

18 corridor. 

19 ‘‘(3) EFFECT ON ENERGY TRANSPORT COR20 RIDORS.—Nothing in this subsection diminishes the 

21 utility of energy transport corridors located within 

22 the Monument and identified under section 368 of 

23 the Energy Policy Act of 2005 (42 U.S.C. 15926), 

24 Energy Corridors E or I (as designated in the Cali25 fornia Desert Conservation Area Plan), or energy 


srobinson on DSKHWCL6B1PROD with BILLS
21 

•S 138 IS

1 corridors numbered 27–41 and 27–225 and des2 ignated by a record of decision— 

3 ‘‘(A) to provide locations for— 

4 ‘‘(i) electric transmission facilities 

5 that improve reliability, relieve congestion, 

6 and enhance the national grid; and 

7 ‘‘(ii) oil, gas, and hydrogen pipelines; 

8 and 

9 ‘‘(B) to provide locations for electric trans10 mission facilities that— 

11 ‘‘(i) promote renewable energy genera12 tion; 

13 ‘‘(ii) otherwise further the interest of 

14 the United States if the transmission fa15 cilities are identified as critical— 

16 ‘‘(I) in a Federal law; or 

17 ‘‘(II) through a regional trans18 mission planning process; or 

19 ‘‘(iii) consist of high-voltage trans20 mission facilities critical to the purposes 

21 described in clause (i) or (ii). 

22 ‘‘(4) LAND USE PLANNING.—In conducting 

23 land use planning for the Monument, the Sec24 retary— 


srobinson on DSKHWCL6B1PROD with BILLS
22 

•S 138 IS

1 ‘‘(A) shall consider the existing locations of 

2 the corridors described in paragraph (3); and 

3 ‘‘(B) subject to paragraph (5), may amend 

4 the location of any energy corridors to comply 

5 with purposes of the Monument if the amended 

6 corridor— 

7 ‘‘(i) provides connectivity across the 

8 landscape that is equivalent to the 

9 connectivity provided by the existing loca10 tion; 

11 ‘‘(ii) meets the criteria established 

12 by— 

13 ‘‘(I) section 368 of the Energy 

14 Policy Act of 2005 (42 U.S.C. 

15 15926); and 

16 ‘‘(II) the record of decision for 

17 the applicable corridor; and 

18 ‘‘(iii) does not impair or restrict the 

19 uses of existing rights-of-way. 

20 ‘‘(5) CONSULTATION REQUIRED.—Before 

21 amending a corridor under paragraph (4)(B), the 

22 Secretary shall consult with all interested parties 

23 (including the persons identified in section 368(a) of 

24 the Energy Policy Act of 2005 (42 U.S.C. 


srobinson on DSKHWCL6B1PROD with BILLS
23 

•S 138 IS

1 15926(a))), in accordance with applicable laws (in2 cluding regulations). 

3 ‘‘(h) OVERFLIGHTS.—Nothing in this title or the 

4 management plan restricts or precludes— 

5 ‘‘(1) overflights (including low-level overflights) 

6 of military, commercial, and general aviation aircraft 

7 that can be seen or heard within the Monument; 

8 ‘‘(2) the designation or creation of new units of 

9 special use airspace; or 

10 ‘‘(3) the establishment of military flight train11 ing routes over the Monument. 

12 ‘‘(i) WITHDRAWALS.— 

13 ‘‘(1) IN GENERAL.—Subject to valid existing 

14 rights and except as provided in paragraph (2), the 

15 Federal land and interests in Federal land included 

16 within the Monument are withdrawn from— 

17 ‘‘(A) all forms of entry, appropriation, or 

18 disposal under the public land laws; 

19 ‘‘(B) location, entry, and patent under the 

20 public land mining laws; 

21 ‘‘(C) operation of the mineral leasing, geo22 thermal leasing, and mineral materials laws; 

23 and 

24 ‘‘(D) energy development and power gen25 eration. 


srobinson on DSKHWCL6B1PROD with BILLS
24 

•S 138 IS

1 ‘‘(2) EXCHANGE.—Paragraph (1) does not 

2 apply to an exchange that the Secretary determines 

3 would further the protective purposes of the Monu4 ment. 

5 ‘‘(j) ACCESS TO RENEWABLE ENERGY FACILITIES.— 

6 ‘‘(1) IN GENERAL.—On a determination that no 

7 reasonable alternative access exists and subject to 

8 paragraph (2), the Secretary may allow new right9 of-ways within the Monument to provide vehicular 

10 access to renewable energy project sites outside the 

11 boundaries of the Monument. 

12 ‘‘(2) RESTRICTIONS.—To the maximum extent 

13 practicable, the rights-of-way shall be designed and 

14 sited to be consistent with the purposes of the 

15 Monument described in section 1302(b). 

16 ‘‘SEC. 1305. ACQUISITION OF LAND. 

17 ‘‘(a) IN GENERAL.—The Secretary may acquire for 

18 inclusion in the Monument any land or interests in land 

19 within the boundary of the Monument owned by the State, 

20 units of local government, Indian tribes, or private individ21 uals only by— 

22 ‘‘(1) donation; 

23 ‘‘(2) exchange with a willing party; or 

24 ‘‘(3) purchase from a willing seller for fair mar25 ket value. 


srobinson on DSKHWCL6B1PROD with BILLS
25 

•S 138 IS

1 ‘‘(b) USE OF EASEMENTS.—To the maximum extent 

2 practicable and only with the approval of the landowner, 

3 the Secretary may use permanent conservation easements 

4 to acquire an interest in land in the Monument rather 

5 than acquiring fee simple title to the land. 

6 ‘‘(c) INCORPORATION OF ACQUIRED LAND AND IN7 TERESTS IN LAND.—Any land or interest in land within 

8 the boundaries of the Monument that is acquired by the 

9 United States after the date of enactment of this title shall 

10 be added to and administered as part of the Monument. 

11 ‘‘(d) DONATED AND ACQUIRED LAND.— 

12 ‘‘(1) IN GENERAL.—All land within the bound13 ary of the Monument donated to the United States 

14 or acquired using amounts from the land and water 

15 conservation fund established under section 2 of the 

16 Land and Water Conservation Fund Act of 1965 

17 (16 U.S.C. 460l–5) before, on, or after the date of 

18 enactment of this title— 

19 ‘‘(A) is withdrawn from mineral entry; 

20 ‘‘(B) shall be managed in accordance with 

21 section 1904; and 

22 ‘‘(C) shall be managed consistent with the 

23 purposes of the Monument described in section 

24 1302(b). 


srobinson on DSKHWCL6B1PROD with BILLS
26 

•S 138 IS

1 ‘‘(2) EFFECT ON MONUMENT.—Land within the 

2 boundary of the Monument that is contiguous to 

3 land donated to the United States or acquired using 

4 amounts from the land and water conservation fund 

5 established under section 2 of the Land and Water 

6 Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 

7 shall be managed in a manner consistent with con8 servation purposes, subject to applicable law. 

9 ‘‘SEC. 1306. ADVISORY COMMITTEE. 

10 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

11 advisory committee for the Monument, the purpose of 

12 which is to advise the Secretary with respect to the prepa13 ration and implementation of the management plan re14 quired by section 1303(g). 

15 ‘‘(b) MEMBERSHIP.—To the extent practicable, the 

16 advisory committee shall include the following members, 

17 to be appointed by the Secretary: 

18 ‘‘(1) A representative with expertise in natural 

19 science and research selected from a regional univer20 sity or research institute. 

21 ‘‘(2) A representative of the California Natural 

22 Resources Agency. 

23 ‘‘(3) A representative of the California Public 

24 Utilities Commission. 


srobinson on DSKHWCL6B1PROD with BILLS
27 

•S 138 IS

1 ‘‘(4) A representative of the County of San 

2 Bernardino, California. 

3 ‘‘(5) A representative of each of the cities of 

4 Barstow, Needles, Twentynine Palms, and Yucca 

5 Valley, California. 

6 ‘‘(6) A representative of each of the Colorado 

7 River, Fort Mojave, and the Chemehuevi Indian 

8 tribes. 

9 ‘‘(7) A representative from the Department of 

10 Defense. 

11 ‘‘(8) A representative of the Wildlands Conser12 vancy. 

13 ‘‘(9) A representative of a local conservation or14 ganization. 

15 ‘‘(10) A representative of a historical preserva16 tion organization. 

17 ‘‘(11) A representative from each of the fol18 lowing recreational activities: 

19 ‘‘(A) Off-highway vehicles. 

20 ‘‘(B) Hunting. 

21 ‘‘(C) Rockhounding. 

22 ‘‘(c) TERMS.— 

23 ‘‘(1) IN GENERAL.—In appointing members 

24 under paragraphs (1) through (11) of subsection 

25 (b), the Secretary shall appoint 1 primary member 


srobinson on DSKHWCL6B1PROD with BILLS
28 

•S 138 IS

1 and 1 alternate member that meets the qualifica2 tions described in each of those paragraphs. 

3 ‘‘(2) VACANCY.— 

4 ‘‘(A) PRIMARY MEMBER.—A vacancy on 

5 the advisory committee with respect to a pri6 mary member shall be filled by the applicable 

7 alternate member. 

8 ‘‘(B) ALTERNATE MEMBER.—The Sec9 retary shall appoint a new alternate members in 

10 the event of a vacancy with respect to an alter11 nate member of the advisory committee. 

12 ‘‘(3) TERMINATION.— 

13 ‘‘(A) IN GENERAL.—The term of all mem14 bers of the advisory committee shall terminate 

15 on the termination of the advisory committee 

16 under subsection (g). 

17 ‘‘(B) NEW ADVISORY COMMITTEE.—At the 

18 discretion of the Secretary, the Secretary may 

19 establish a new advisory committee on the ter20 mination of the advisory committee under sub21 section (g) to provide ongoing recommendations 

22 on the management of the Monument. 

23 ‘‘(d) QUORUM.—A quorum of the advisory committee 

24 shall consist of a majority of the primary members. 

25 ‘‘(e) CHAIRPERSON AND PROCEDURES.— 


srobinson on DSKHWCL6B1PROD with BILLS
29 

•S 138 IS

1 ‘‘(1) IN GENERAL.—The advisory committee 

2 shall select a chairperson and vice chairperson from 

3 among the primary members of the advisory com4 mittee. 

5 ‘‘(2) DUTIES.—The chairperson and vice chair6 person selected under paragraph (1) shall establish 

7 any rules and procedures for the advisory committee 

8 that the chairperson and vice-chairperson determine 

9 to be necessary or desirable. 

10 ‘‘(f) SERVICE WITHOUT COMPENSATION.—Members 

11 of the advisory committee shall serve without pay. 

12 ‘‘(g) TERMINATION.—The advisory committee shall 

13 cease to exist on— 

14 ‘‘(1) the date on which the management plan is 

15 officially adopted by the Secretary; or 

16 ‘‘(2) at the discretion of the Secretary, a later 

17 date established by the Secretary. 

18 ‘‘SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICA19 TIONS. 

20 ‘‘(a) IN GENERAL.—Applicants for rights-of-way for 

21 the development of solar energy facilities that have been 

22 terminated by the establishment of the Monument shall 

23 be granted the right of first refusal to apply for replace24 ment sites that— 


srobinson on DSKHWCL6B1PROD with BILLS
30 

•S 138 IS

1 ‘‘(1) have not previously been encumbered by 

2 right-of-way applications; and 

3 ‘‘(2) are located within the Solar Energy Zones 

4 designated by the Solar Energy Programmatic Envi5 ronmental Impact Statement of the Department of 

6 the Interior and the Department of Energy. 

7 ‘‘(b) ELIGIBILITY.—To be eligible for a right of first 

8 refusal under subsection (a), an applicant shall have, on 

9 or before December 1, 2009— 

10 ‘‘(1) submitted an application for a right-of-way 

11 to the Bureau of Land Management; 

12 ‘‘(2) completed a plan of development to de13 velop a solar energy facility on land within the 

14 Monument; 

15 ‘‘(3) submitted cost recovery funds to the Bu16 reau of Land Management to assist with the costs 

17 of processing the right-of-way application; 

18 ‘‘(4) successfully submitted an application for 

19 an interconnection agreement with an electrical grid 

20 operator that is registered with the North American 

21 Electric Reliability Corporation; and 

22 ‘‘(5)(A) secured a power purchase agreement; 

23 or 


srobinson on DSKHWCL6B1PROD with BILLS
31 

•S 138 IS

1 ‘‘(B) a financially and technically viable solar 

2 energy facility project, as determined by the Director 

3 of the Bureau of Land Management. 

4 ‘‘(c) EQUIVALENT ENERGY PRODUCTION.—Each 

5 right-of-way for a replacement site granted under this sec6 tion shall— 

7 ‘‘(1) authorize the same energy production at 

8 the replacement site as had been applied for at the 

9 site that had been the subject of the terminated ap10 plication; and 

11 ‘‘(2) have— 

12 ‘‘(A) appropriate solar insolation and 

13 geotechnical attributes; and 

14 ‘‘(B) adequate access to existing trans15 mission or feasible new transmission. 

16 ‘‘(d) EXISTING RIGHTS-OF-WAY APPLICATIONS.— 

17 Nothing in this section alters, affects, or displaces primary 

18 rights-of-way applications within the Solar Energy Study 

19 Areas unless the applications are otherwise altered, af20 fected, or displaced as a result of the Solar Energy Pro21 grammatic Environmental Impact Statement of the De22 partment of the Interior and the Department of Energy. 

23 ‘‘(e) DEADLINES.—A right of first refusal granted 

24 under this section shall only be exercisable by the later 

25 of— 


srobinson on DSKHWCL6B1PROD with BILLS
32 

•S 138 IS

1 ‘‘(1) the date that is 180 days after the date of 

2 enactment of this title; or 

3 ‘‘(2) the date that is 180 days after the date of 

4 the designation of the Solar Energy Zones under the 

5 Solar Energy Programmatic Environmental Impact 

6 Statement. 

7 ‘‘(f) EXPEDITED APPLICATION PROCESSING.—The 

8 Secretary shall expedite the review of replacement site ap9 plications from eligible applicants, as described in sub10 section (b). 

11 ‘‘TITLE XIV—SAND TO SNOW 

12 NATIONAL MONUMENT 

13 ‘‘SEC. 1401. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) MAP.—The term ‘map’ means the map en16 titled ‘Boundary Map, Sand to Snow National 

17 Monument’ and dated October 26, 2009. 

18 ‘‘(2) MONUMENT.—The term ‘Monument’ 

19 means the Sand to Snow National Monument estab20 lished by section 1402(a). 

21 ‘‘(3) SECRETARIES.—The term ‘Secretaries’ 

22 means the Secretary of the Interior and the Sec23 retary of Agriculture, acting jointly. 


srobinson on DSKHWCL6B1PROD with BILLS
33 

•S 138 IS

1 ‘‘SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NA2 TIONAL MONUMENT. 

3 ‘‘(a) ESTABLISHMENT.—There is designated in the 

4 State the Sand to Snow National Monument. 

5 ‘‘(b) PURPOSES.—The purposes of the Monument 

6 are— 

7 ‘‘(1) to preserve the nationally significant bio8 logical, cultural, educational, geological, historic, sce9 nic, and recreational values at the convergence of 

10 the Mojave and Colorado Desert and the San 

11 Bernardino Mountains; and 

12 ‘‘(2) to secure the opportunity for present and 

13 future generations to experience and enjoy the mag14 nificent vistas, wildlife, land forms, and natural and 

15 cultural resources of the Monument. 

16 ‘‘(c) BOUNDARIES.—The Monument shall consist of 

17 the Federal land and Federal interests in land within the 

18 boundaries depicted on the map. 

19 ‘‘(d) MAP; LEGAL DESCRIPTIONS.— 

20 ‘‘(1) LEGAL DESCRIPTION.—As soon as prac21 ticable after the date of enactment of this title, the 

22 Secretary shall submit to the Committee on Natural 

23 Resources of the House of Representatives and the 

24 Committee on Energy and Natural Resources of the 

25 Senate legal descriptions of the Monument, based on 

26 the map. 


srobinson on DSKHWCL6B1PROD with BILLS
34 

•S 138 IS

1 ‘‘(2) CORRECTIONS.—The map and legal de2 scriptions of the Monument shall have the same 

3 force and effect as if included in this title, except 

4 that the Secretary may correct clerical and typo5 graphical errors in the map and legal descriptions. 

6 ‘‘(3) AVAILABILITY OF MAP.—The map shall be 

7 on file and available for public inspection in appro8 priate offices of the Bureau of Land Management. 

9 ‘‘SEC. 1403. MANAGEMENT OF THE MONUMENT. 

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

11 ‘‘(1) only allow uses of the Monument that— 

12 ‘‘(A) further the purposes described in sec13 tion 1402(b); 

14 ‘‘(B) are included in the management plan 

15 developed under subsection (g); and 

16 ‘‘(C) do not interfere with the utility 

17 rights-of-way authorized under section 1405(e); 

18 and 

19 ‘‘(2) subject to valid existing rights, manage the 

20 Monument to protect the resources of the Monu21 ment, in accordance with— 

22 ‘‘(A) this title; 

23 ‘‘(B) the Federal Land Policy and Man24 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

25 and 


srobinson on DSKHWCL6B1PROD with BILLS
35 

•S 138 IS

1 ‘‘(C) any other applicable provisions of law. 

2 ‘‘(b) COOPERATION AGREEMENTS; GENERAL AU3 THORITY.—Consistent with the management plan and ex4 isting authorities applicable to the Monument, the Sec5 retary may enter into cooperative agreements and shared 

6 management arrangements (including special use permits 

7 with any person (including educational institutions and In8 dian tribes)), for the purposes of interpreting, researching, 

9 and providing education on the resources of the Monu10 ment. 

11 ‘‘(c) ADMINISTRATION OF SUBSEQUENTLY AC12 QUIRED LAND.—Any land or interest in land within the 

13 boundaries of the Monument that is acquired by the Sec14 retary of the Interior or the Secretary of Agriculture after 

15 the date of enactment of this title shall be managed by 

16 the Secretary of Agriculture or the Secretary of the Inte17 rior, respectively, in accordance with this title. 

18 ‘‘(d) LIMITATIONS.— 

19 ‘‘(1) PROPERTY RIGHTS.—The establishment of 

20 the Monument does not— 

21 ‘‘(A) affect— 

22 ‘‘(i) any property rights of an Indian 

23 reservation, individually held trust land, or 

24 any other Indian allotments; 


srobinson on DSKHWCL6B1PROD with BILLS
36 

•S 138 IS

1 ‘‘(ii) any land or interests in land held 

2 by the State, any political subdivision of 

3 the State, or any special district; or 

4 ‘‘(iii) any private property rights with5 in the boundaries of the Monument; or 

6 ‘‘(B) grant to the Secretary any authority 

7 on or over non-Federal land not already pro8 vided by law. 

9 ‘‘(2) AUTHORITY.—The authority of the Sec10 retary under this title extends only to Federal land 

11 and Federal interests in land included in the Monu12 ment. 

13 ‘‘(e) ADJACENT MANAGEMENT.— 

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

15 any protective perimeter or buffer zone around the 

16 Monument. 

17 ‘‘(2) ACTIVITIES OUTSIDE MONUMENT.—The 

18 fact that an activity or use on land outside the 

19 Monument can be seen or heard within the Monu20 ment shall not preclude the activity or use outside 

21 the boundary of the Monument. 

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

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


srobinson on DSKHWCL6B1PROD with BILLS
37 

•S 138 IS

1 ‘‘(f) AIR AND WATER QUALITY.—Nothing in this title 

2 affects the standards governing air or water quality out3 side the boundary of the Monument. 

4 ‘‘(g) MANAGEMENT PLAN.— 

5 ‘‘(1) IN GENERAL.—The Secretaries shall— 

6 ‘‘(A) not later than 3 years after the date 

7 of enactment of this title, complete a manage8 ment plan for the conservation and protection 

9 of the Monument; and 

10 ‘‘(B) on completion of the management 

11 plan— 

12 ‘‘(i) submit the management plan 

13 to— 

14 ‘‘(I) the Committee on Natural 

15 Resources of the House of Represent16 atives; and 

17 ‘‘(II) the Committee on Energy 

18 and Natural Resources of the Senate; 

19 and 

20 ‘‘(ii) make the management plan 

21 available to the public. 

22 ‘‘(2) INCLUSIONS.—The management plan shall 

23 include provisions that— 

24 ‘‘(A) provide for the conservation and pro25 tection of the Monument; 


srobinson on DSKHWCL6B1PROD with BILLS
38 

•S 138 IS

1 ‘‘(B) authorize the continued recreational 

2 uses of the Monument (including hiking, camp3 ing, hunting, mountain biking, sightseeing, off4 highway vehicle recreation on designated routes, 

5 rockhounding, and horseback riding), if the rec6 reational uses are consistent with this title and 

7 any other applicable law; 

8 ‘‘(C) address the need for and, as nec9 essary, establish plans for, the installation, con10 struction, and maintenance of public utility en11 ergy transport facilities within rights-of-way in 

12 the Monument outside of designated wilderness 

13 areas, including provisions that require that— 

14 ‘‘(i) the activities be conducted in a 

15 manner that minimizes the impact on 

16 Monument resources (including resources 

17 relating to the ecological, cultural, historic, 

18 and scenic viewshed of the Monument), in 

19 accordance with any other applicable law; 

20 and 

21 ‘‘(ii) the facilities are consistent with 

22 this section and any other applicable law; 

23 ‘‘(D) address the designation and mainte24 nance of roads, trails, and paths in the Monu25 ment; 


srobinson on DSKHWCL6B1PROD with BILLS
39 

•S 138 IS

1 ‘‘(E) address regional fire management 

2 planning and coordination between the Director 

3 of the Bureau of Land Management, the Chief 

4 of the Forest Service, Riverside County, and 

5 San Bernardino County; and 

6 ‘‘(F) address the establishment of a visitor 

7 center to serve the Monument and adjacent 

8 public land. 

9 ‘‘(3) PREPARATION AND IMPLEMENTATION.— 

10 ‘‘(A) APPLICABLE LAW.—The Secretary 

11 shall prepare and implement the management 

12 plan in accordance with the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et 

14 seq.) and any other applicable laws. 

15 ‘‘(B) CONSULTATION.—In preparing and 

16 implementing the management plan, the Sec17 retary shall periodically consult with— 

18 ‘‘(i) the advisory committee estab19 lished under section 1406; 

20 ‘‘(ii) interested private property own21 ers and holders of valid existing rights lo22 cated within the boundaries of the Monu23 ment; and 

24 ‘‘(iii) representatives of the Morongo 

25 Band of Mission Indians and other Indian 


srobinson on DSKHWCL6B1PROD with BILLS
40 

•S 138 IS

1 tribes with historic or cultural ties to land 

2 within, or adjacent to, the Monument re3 garding the management of portions of the 

4 Monument that are of cultural importance 

5 to the Indian tribes. 

6 ‘‘(4) INTERIM MANAGEMENT.—Except as other7 wise prohibited by this Act, pending completion of 

8 the management plan for the Monument, the Sec9 retary shall manage any Federal land and Federal 

10 interests in land within the boundary of the Monu11 ment— 

12 ‘‘(A) consistent with the existing permitted 

13 uses of the land; 

14 ‘‘(B) in accordance with the general guide15 lines and authorities of the existing manage16 ment plans of the Bureau of Land Management 

17 and the Forest Service for the land; and 

18 ‘‘(C) in a manner consistent with— 

19 ‘‘(i) the purposes described in section 

20 1402(b); 

21 ‘‘(ii) the provisions of the manage22 ment plan under paragraph (2); and 

23 ‘‘(iii) applicable Federal law. 


srobinson on DSKHWCL6B1PROD with BILLS
41 

•S 138 IS

1 ‘‘(5) EFFECT OF SECTION.—Nothing in this 

2 section diminishes or alters existing authorities ap3 plicable to Federal land included in the Monument. 

4 ‘‘SEC. 1404. USES OF THE MONUMENT. 

5 ‘‘(a) USE OF OFF-HIGHWAY VEHICLES.— 

6 ‘‘(1) IN GENERAL.—The use of off-highway ve7 hicles in the Monument (including the use of off8 highway vehicles for commercial touring) shall be 

9 permitted to continue on designated routes, subject 

10 to all applicable law and authorized by the manage11 ment plan. 

12 ‘‘(2) NONDESIGNATED ROUTES.—Off-highway 

13 vehicle access shall be permitted on nondesignated 

14 routes and trails in the Monument— 

15 ‘‘(A) for administrative purposes; 

16 ‘‘(B) to respond to an emergency; or 

17 ‘‘(C) as authorized under the management 

18 plan. 

19 ‘‘(3) INVENTORY.—Not later than 2 years after 

20 the date of enactment of this title, the Director of 

21 the Bureau of Land Management shall complete an 

22 inventory of all existing routes in the Monument. 

23 ‘‘(b) HUNTING, TRAPPING, AND FISHING.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary shall permit hunting, trapVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
42 

•S 138 IS

1 ping, and fishing within the Monument in accord2 ance with applicable Federal and State laws (includ3 ing regulations) as of the date of enactment of this 

4 title. 

5 ‘‘(2) TRAPPING.—No amphibians or reptiles 

6 may be collected within the Monument. 

7 ‘‘(3) REGULATIONS.—The Secretary, after con8 sultation with the California Department of Fish 

9 and Game, may issue regulations designating zones 

10 where, and establishing periods during which, no 

11 hunting, trapping, or fishing shall be permitted in 

12 the Monument for reasons of public safety, adminis13 tration, resource protection, or public use and enjoy14 ment. 

15 ‘‘(c) ACCESS TO STATE AND PRIVATE LAND.—The 

16 Secretary shall provide adequate access to each owner of 

17 non-Federal land or interests in non-Federal land within 

18 the boundary of the Monument to ensure the reasonable 

19 use and enjoyment of the land or interest by the owner. 

20 ‘‘(d) LIMITATIONS.— 

21 ‘‘(1) COMMERCIAL ENTERPRISES.—Except as 

22 provided in paragraphs (2) and (3), or as required 

23 for the maintenance, upgrade, expansion, or develop24 ment of energy transport facilities in the corridors 

25 described in subsection (e), no commercial enterVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
43 

•S 138 IS

1 prises shall be authorized within the boundary of the 

2 Monument after the date of enactment of this title. 

3 ‘‘(2) AUTHORIZED EXCEPTIONS.—The Sec4 retary may authorize exceptions to paragraph (1) if 

5 the Secretary determines that the commercial enter6 prises would further the purposes described in sec7 tion 1402(b). 

8 ‘‘(3) TRANSMISSION AND TELECOMMUNICATION

9 FACILITIES.—This subsection does not apply to— 

10 ‘‘(A) transmission and telecommunication 

11 facilities that are owned or operated by a utility 

12 subject to regulation by the Federal Govern13 ment or a State government or a State utility 

14 with a service obligation (as those terms are de15 fined in section 217 of the Federal Power Act 

16 (16 U.S.C. 824q)); or 

17 ‘‘(B) commercial vehicular touring enter18 prises within the Monument that operate on 

19 designated routes. 

20 ‘‘(e) UTILITY RIGHTS-OF-WAY.— 

21 ‘‘(1) IN GENERAL.—Nothing in this Act pre22 cludes, prevents, or inhibits the maintenance, up23 grade, expansion, or development of energy trans24 port facilities within the Monument that are critical 


srobinson on DSKHWCL6B1PROD with BILLS
44 

•S 138 IS

1 to reducing the effects of climate change on the envi2 ronment. 

3 ‘‘(2) RIGHT-OF-WAY.—To the maximum extent 

4 practicable— 

5 ‘‘(A) the Secretary shall permit rights of 

6 way and alignments that best protect the values 

7 and resources of the Monument described in 

8 section 1402(b); and 

9 ‘‘(B) the Secretary shall ensure that exist10 ing rights-of-way and utility corridors within 

11 the Monument are fully utilized before permit12 ting new rights-of-way or designating new util13 ity corridors within the Monument. 

14 ‘‘(3) EFFECT ON EXISTING FACILITIES AND

15 RIGHTS-OF-WAY.—Nothing in this section terminates 

16 or limits— 

17 ‘‘(A) any valid right-of-way in existence 

18 within the Monument on the date of enactment 

19 of this title (including customary operation, 

20 maintenance, repair, or replacement activities in 

21 a right-of-way); or 

22 ‘‘(B) a right-of-way authorization issued on 

23 the expiration or the assignment of an existing 

24 right-of-way authorization described in subpara25 graph (A). 


srobinson on DSKHWCL6B1PROD with BILLS
45 

•S 138 IS

1 ‘‘(4) UPGRADING AND EXPANSION OF EXISTING

2 RIGHTS-OF-WAY.—Nothing in this subsection pro3 hibits the upgrading (including the construction or 

4 replacement), expansion, or assignment of an exist5 ing utility transmission line for the purpose of in6 creasing the capacity of— 

7 ‘‘(A) a transmission line in existing rights8 of-way; or 

9 ‘‘(B) a right-of-way issued, granted, or 

10 permitted by the Secretary that is contiguous or 

11 adjacent to existing transmission line rights-of12 way. 

13 ‘‘(5) NEW RIGHTS-OF-WAY.— 

14 ‘‘(A) IN GENERAL.—Any new rights-of-way 

15 or new uses within existing rights-of-way shall, 

16 subject to subparagraph (B), require review and 

17 approval under the National Environmental 

18 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

19 ‘‘(B) APPROVAL.—New uses under sub20 paragraph (A) shall only be approved if the 

21 head of the applicable lead Federal agency, in 

22 consultation with other applicable agencies, de23 termine that the uses are consistent with— 

24 ‘‘(i) this title; 

25 ‘‘(ii) other applicable laws; 


srobinson on DSKHWCL6B1PROD with BILLS
46 

•S 138 IS

1 ‘‘(iii) the purposes of the Monument 

2 described in section 1402(b); and 

3 ‘‘(iv) the management plan for the 

4 Monument. 

5 ‘‘(6) EFFECT ON ENERGY TRANSPORT COR6 RIDORS.—Nothing in this subsection diminishes the 

7 utility of energy transport corridors located within 

8 the Monument designated by a record of decision— 

9 ‘‘(A) to provide locations for— 

10 ‘‘(i) electric transmission facilities 

11 that improve reliability, relieve congestion, 

12 and enhance the national grid; and 

13 ‘‘(ii) oil, gas, and hydrogen pipelines; 

14 and 

15 ‘‘(B) to provide locations for electric trans16 mission facilities that— 

17 ‘‘(i) promote renewable energy genera18 tion; 

19 ‘‘(ii) otherwise further the interest of 

20 the United States if the transmission fa21 cilities are identified as critical in law or 

22 through a regional transmission planning 

23 process; or 


srobinson on DSKHWCL6B1PROD with BILLS
47 

•S 138 IS

1 ‘‘(iii) consist of high-voltage trans2 mission facilities critical to the purposes 

3 described in clause (i) or (ii). 

4 ‘‘(7) LAND USE PLANNING.—In conducting 

5 land use planning for the Monument, the Sec6 retary— 

7 ‘‘(A) shall consider the existing locations of 

8 the corridors described in paragraph (6); and 

9 ‘‘(B) subject to paragraph (8), may amend 

10 the location of any energy corridors to comply 

11 with purposes of the Monument if the amended 

12 corridor— 

13 ‘‘(i) provides connectivity across the 

14 landscape that is equivalent to the 

15 connectivity provided by the existing loca16 tion; 

17 ‘‘(ii) meets the criteria established 

18 by— 

19 ‘‘(I) section 368 of the Energy 

20 Policy Act of 2005 (42 U.S.C. 

21 15926); and 

22 ‘‘(II) the record of decision for 

23 the applicable corridor; and 

24 ‘‘(iii) does not impair or restrict the 

25 uses of existing rights-of-way. 


srobinson on DSKHWCL6B1PROD with BILLS
48 

•S 138 IS

1 ‘‘(8) CONSULTATION REQUIRED.—Before 

2 amending a corridor under paragraph (7)(B), the 

3 Secretary shall consult with all interested parties 

4 (including the persons identified in section 368(a) of 

5 the Energy Policy Act of 2005 (42 U.S.C. 

6 15926(a))), in accordance with applicable laws (in7 cluding regulations). 

8 ‘‘(f) OVERFLIGHTS.—Nothing in this title or the 

9 management plan restricts or precludes— 

10 ‘‘(1) overflights (including low-level overflights) 

11 of military, commercial, and general aviation aircraft 

12 that can be seen or heard within the Monument; 

13 ‘‘(2) the designation or creation of new units of 

14 special use airspace; or 

15 ‘‘(3) the establishment of military flight train16 ing routes over the Monument. 

17 ‘‘(g) WITHDRAWALS.— 

18 ‘‘(1) IN GENERAL.—Subject to valid existing 

19 rights and except as provided in paragraph (2), the 

20 Federal land and interests in Federal land included 

21 within the Monument are withdrawn from— 

22 ‘‘(A) all forms of entry, appropriation, or 

23 disposal under the public land laws; 

24 ‘‘(B) location, entry, and patent under the 

25 public land mining laws; 


srobinson on DSKHWCL6B1PROD with BILLS
49 

•S 138 IS

1 ‘‘(C) operation of the mineral leasing, geo2 thermal leasing, and mineral materials laws; 

3 and 

4 ‘‘(D) energy development and power gen5 eration. 

6 ‘‘(2) EXCHANGE.—Paragraph (1) does not 

7 apply to an exchange that the Secretary determines 

8 would further the protective purposes of the Monu9 ment. 

10 ‘‘(h) ACCESS TO RENEWABLE ENERGY FACILI11 TIES.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary may allow new right-of-ways within 

14 the Monument to provide reasonable vehicular access 

15 to renewable energy project sites outside the bound16 aries of the Monument. 

17 ‘‘(2) RESTRICTIONS.—To the maximum extent 

18 practicable, the rights-of-way shall be designed and 

19 sited to be consistent with the purposes of the 

20 Monument described in section 1402(b). 

21 ‘‘SEC. 1405. ACQUISITION OF LAND. 

22 ‘‘(a) IN GENERAL.—The Secretary may acquire for 

23 inclusion in the Monument any land or interests in land 

24 within the boundary of the Monument owned by the State, 


srobinson on DSKHWCL6B1PROD with BILLS
50 

•S 138 IS

1 units of local government, Indian tribes, or private individ2 uals only by— 

3 ‘‘(1) donation; 

4 ‘‘(2) exchange with a willing party; or 

5 ‘‘(3) purchase from a willing seller for fair mar6 ket value. 

7 ‘‘(b) USE OF EASEMENTS.—To the maximum extent 

8 practicable and only with the approval of the landowner, 

9 the Secretary may use permanent conservation easements 

10 to acquire an interest in land in the Monument rather 

11 than acquiring fee simple title to the land. 

12 ‘‘(c) INCORPORATION OF ACQUIRED LAND AND IN13 TERESTS IN LAND.—Any land or interest in land within 

14 the boundaries of the Monument that is acquired by the 

15 United States after the date of enactment of this title shall 

16 be added to and administered as part of the Monument. 

17 ‘‘(d) DONATED AND ACQUIRED LAND.— 

18 ‘‘(1) IN GENERAL.—All land within the bound19 ary of the Monument donated to the United States 

20 or acquired using amounts from the land and water 

21 conservation fund established under section 2 of the 

22 Land and Water Conservation Fund Act of 1965 

23 (16 U.S.C. 460l–5) before, on, or after the date of 

24 enactment of this title— 

25 ‘‘(A) is withdrawn from mineral entry; 


srobinson on DSKHWCL6B1PROD with BILLS
51 

•S 138 IS

1 ‘‘(B) shall be managed in accordance with 

2 section 1904; and 

3 ‘‘(C) shall be managed consistent with the 

4 purposes of the Monument described in section 

5 1402(b). 

6 ‘‘(2) EFFECT ON MONUMENT.—Land within the 

7 boundary of the Monument that is contiguous to 

8 land donated to the United States or acquired using 

9 amounts from the land and water conservation fund 

10 established under section 2 of the Land and Water 

11 Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 

12 shall be managed in a manner consistent with con13 servation purposes, subject to applicable law. 

14 ‘‘SEC. 1406. ADVISORY COMMITTEE. 

15 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

16 advisory committee for the Monument, the purpose of 

17 which is to advise the Secretary with respect to the prepa18 ration and implementation of the management plan re19 quired by section 1403(g). 

20 ‘‘(b) MEMBERSHIP.—To the extent practicable, the 

21 advisory committee shall include the following members, 

22 to be appointed by the Secretary: 

23 ‘‘(1) A representative with expertise in natural 

24 science and research selected from a regional univer25 sity or research institute. 


srobinson on DSKHWCL6B1PROD with BILLS
52 

•S 138 IS

1 ‘‘(2) A representative of the Department of De2 fense. 

3 ‘‘(3) A representative of the California Natural 

4 Resources Agency. 

5 ‘‘(4) A representative of each of San 

6 Bernardino and Riverside Counties, California. 

7 ‘‘(5) A representative of each of the cities of 

8 Desert Hot Springs and Yucca Valley, California. 

9 ‘‘(6) A representative of the Morongo Band of 

10 Mission Indians. 

11 ‘‘(7) A representative of the Friends of Big 

12 Morongo Preserve. 

13 ‘‘(8) A representative of the Wildlands Conser14 vancy. 

15 ‘‘(9) A representative of the Coachella Valley 

16 Mountains Conservancy. 

17 ‘‘(10) A representative of the San Gorgonio 

18 Wilderness Association. 

19 ‘‘(11) A representative of the Morongo Basin 

20 Community Services District. 

21 ‘‘(12) A representative from each of the fol22 lowing recreational activities: 

23 ‘‘(A) Off-highway vehicles. 

24 ‘‘(B) Hunting. 

25 ‘‘(C) Rockhounding. 


srobinson on DSKHWCL6B1PROD with BILLS
53 

•S 138 IS

1 ‘‘(c) TERMS.— 

2 ‘‘(1) IN GENERAL.—In appointing members 

3 under paragraphs (1) through (12) of subsection 

4 (b), the Secretary shall appoint 1 primary member 

5 and 1 alternate member that meets the qualifica6 tions described in each of those paragraphs. 

7 ‘‘(2) VACANCY.— 

8 ‘‘(A) PRIMARY MEMBER.—A vacancy on 

9 the advisory committee with respect to a pri10 mary member shall be filled by the applicable 

11 alternate member. 

12 ‘‘(B) ALTERNATE MEMBER.—The Sec13 retary shall appoint a new alternate members in 

14 the event of a vacancy with respect to an alter15 nate member of the advisory committee. 

16 ‘‘(3) TERMINATION.— 

17 ‘‘(A) IN GENERAL.—The term of all mem18 bers of the advisory committee shall terminate 

19 on the termination of the advisory committee 

20 under subsection (g). 

21 ‘‘(B) NEW ADVISORY COMMITTEE.—At the 

22 discretion of the Secretary, the Secretary may 

23 establish a new advisory committee on the ter24 mination of the advisory committee under subVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
54 

•S 138 IS

1 section (g) to provide ongoing recommendations 

2 on the management of the Monument. 

3 ‘‘(d) QUORUM.—A quorum of the advisory committee 

4 shall consist of a majority of the primary members. 

5 ‘‘(e) CHAIRPERSON AND PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—The advisory committee 

7 shall select a chairperson and vice chairperson from 

8 among the primary members of the advisory com9 mittee. 

10 ‘‘(2) DUTIES.—The chairperson and vice chair11 person selected under paragraph (1) shall establish 

12 any rules and procedures for the advisory committee 

13 that the chairperson and vice-chairperson determine 

14 to be necessary or desirable. 

15 ‘‘(f) SERVICE WITHOUT COMPENSATION.—Members 

16 of the advisory committee shall serve without pay. 

17 ‘‘(g) TERMINATION.—The advisory committee shall 

18 cease to exist on— 

19 ‘‘(1) the date on which the management plan is 

20 officially adopted by the Secretary; or 

21 ‘‘(2) at the discretion of the Secretary, a later 

22 date established by the Secretary. 


srobinson on DSKHWCL6B1PROD with BILLS
55 

•S 138 IS

1 ‘‘TITLE XV—WILDERNESS 

2 ‘‘SEC. 1501. DESIGNATION OF WILDERNESS AREAS. 

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

4 ADMINISTERED BY THE BUREAU OF LAND MANAGE5 MENT.—In accordance with the Wilderness Act (16 U.S.C. 

6 1131 et seq.) and sections 601 and 603 of the Federal 

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

8 1781, 1782), the following land in the State is designated 

9 as wilderness areas and as components of the National 

10 Wilderness Preservation System: 

11 ‘‘(1) AVAWATZ MOUNTAINS WILDERNESS.—Cer12 tain land in the Conservation Area administered by 

13 the Director of the Bureau of Land Management, 

14 comprising approximately 86,614 acres, as generally 

15 depicted on the map entitled ‘Avawatz Mountains 

16 Proposed Wilderness’ and dated July 15, 2009, to 

17 be known as the ‘Avawatz Mountains Wilderness’. 

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

19 land in the Conservation Area administered by the 

20 Director of the Bureau of Land Management, com21 prising approximately 21,633 acres, as generally de22 picted on the map entitled ‘Golden Valley Proposed 

23 Wilderness’ and dated July 15, 2009, which shall be 

24 considered to be part of the ‘Golden Valley Wilder25 ness’. 


srobinson on DSKHWCL6B1PROD with BILLS
56 

•S 138 IS

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

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

3 Conservation Area administered by the Director 

4 of the Bureau of Land Management, com5 prising approximately 7,871 acres, as generally 

6 depicted on the map entitled ‘Great Falls Basin 

7 Proposed Wilderness’ and dated October 26, 

8 2009, to be known as the ‘Great Falls Basin 

9 Wilderness’. 

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

11 wilderness under subparagraph (A) shall not es12 tablish a Class I Airshed under the Clean Air 

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

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

15 land in the Conservation Area administered by the 

16 Bureau of Land Management, comprising approxi17 mately 53,321 acres, as generally depicted on the 

18 map entitled ‘Kingston Range Proposed Wilderness 

19 Additions’ and dated July 15, 2009, which shall be 

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

21 Wilderness’. 

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

23 land in the Conservation Area, administered by the 

24 Bureau of Land Management, comprising approxi25 mately 79,376 acres, as generally depicted on the 


srobinson on DSKHWCL6B1PROD with BILLS
57 

•S 138 IS

1 map entitled ‘Soda Mountains Proposed Wilderness’ 

2 and dated October 26, 2009, to be known as the 

3 ‘Soda Mountains Wilderness’. 

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

5 ADMINISTERED BY THE NATIONAL PARK SERVICE.—In 

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

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

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

9 the following land in the State is designated as wilderness 

10 areas and as components of the National Wilderness Pres11 ervation System: 

12 ‘‘(1) DEATH VALLEY NATIONAL PARK WILDER13 NESS ADDITIONS.—Certain land in the Conservation 

14 Area administered by the Director of the National 

15 Park Service, comprising approximately 59,264 

16 acres, as generally depicted on the map entitled 

17 ‘Death Valley National Park Additions’ and dated 

18 October 1, 2009, which shall be considered to be a 

19 part of the Death Valley National Park Wilderness. 

20 ‘‘(2) BOWLING ALLEY WILDERNESS.—Certain 

21 land in the Conservation Area administered by the 

22 Director of the Bureau of Land Management, com23 prising approximately 30,888 acres, as generally de24 picted on the map entitled ‘Death Valley National 

25 Park Proposed Wilderness Area’, numbered 143/ 


srobinson on DSKHWCL6B1PROD with BILLS
58 

•S 138 IS

1 100080, and dated June 2009, which shall be con2 sidered to be a part of the Death Valley National 

3 Park Wilderness. 

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

5 ADMINISTERED BY THE FOREST SERVICE.— 

6 ‘‘(1) IN GENERAL.—In accordance with the Wil7 derness Act (16 U.S.C. 1131 et seq.) and sections 

8 601 and 603 of the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1781, 1782), the 

10 land in the State described in paragraph (2) is des11 ignated as a wilderness area and as a component of 

12 the National Wilderness Preservation System. 

13 ‘‘(2) DESCRIPTION OF LAND.—The land re14 ferred to in paragraph (1) is certain land in the San 

15 Bernardino National Forest, comprising approxi16 mately 7,141 acres, as generally depicted on the 

17 map entitled ‘Proposed Sand to Snow National 

18 Monument’ and dated October 26, 2009, which shall 

19 considered to be a part of the San Gorgonio Wilder20 ness. 

21 ‘‘SEC. 1502. MANAGEMENT. 

22 ‘‘(a) ADJACENT MANAGEMENT.— 

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

24 any protective perimeter or buffer zone around the 

25 wilderness areas designated by section 1501. 


srobinson on DSKHWCL6B1PROD with BILLS
59 

•S 138 IS

1 ‘‘(2) ACTIVITIES OUTSIDE WILDERNESS

2 AREAS.— 

3 ‘‘(A) IN GENERAL.—The fact that an ac4 tivity (including military activities) or use on 

5 land outside a wilderness area designated by 

6 section 1501 can be seen or heard within the 

7 wilderness area shall not preclude or restrict 

8 the activity or use outside the boundary of the 

9 wilderness area. 

10 ‘‘(B) EFFECT ON NONWILDERNESS ACTIVI11 TIES.— 

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

13 proceeding (including a review under the 

14 National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.)) conducted 

16 with respect to a project described in 

17 clause (ii) that is formally initiated 

18 through a notice in the Federal Register 

19 before December 31, 2013, the consider20 ation of any visual, noise, or other impacts 

21 of the project on a wilderness area des22 ignated by section 1501 shall be conducted 

23 based on the status of the area before des24 ignation as wilderness. 


srobinson on DSKHWCL6B1PROD with BILLS
60 

•S 138 IS

1 ‘‘(ii) DESCRIPTION OF PROJECTS.—A 

2 project referred to in clause (i) is a renew3 able energy project— 

4 ‘‘(I) for which the Bureau of 

5 Land Management has received a 

6 right-of-way use application on or be7 fore the date of enactment of this Act; 

8 and 

9 ‘‘(II) that is located outside the 

10 boundary of a wilderness area des11 ignated by section 1501. 

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

13 in this title requires additional regulation of activi14 ties on land outside the boundary of the wilderness 

15 areas. 

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

17 Nothing in this Act alters any authority of the Sec18 retary of Defense to conduct any military operations 

19 at desert installations, facilities, and ranges of the 

20 State that are authorized under any other provision 

21 of law. 

22 ‘‘(b) MAPS; LEGAL DESCRIPTIONS.— 

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

24 after the date of enactment of this title, the Sec25 retary shall file a map and legal description of each 


srobinson on DSKHWCL6B1PROD with BILLS
61 

•S 138 IS

1 wilderness area and wilderness addition designated 

2 by section 1501 with— 

3 ‘‘(A) the Committee on Natural Resources 

4 of the House of Representatives; and 

5 ‘‘(B) the Committee on Energy and Nat6 ural Resources of the Senate. 

7 ‘‘(2) FORCE OF LAW.—A map and legal de8 scription filed under paragraph (1) shall have the 

9 same force and effect as if included in this title, ex10 cept that the Secretary may correct errors in the 

11 maps and legal descriptions. 

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

13 legal description filed under paragraph (1) shall be 

14 filed and made available for public inspection in the 

15 appropriate office of the Secretary. 

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

17 rights, the land designated as wilderness or as a wilder18 ness addition by section 1501 shall be administered by the 

19 Secretary in accordance with this Act and the Wilderness 

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

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

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

23 ‘‘SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS. 

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

25 section 603 of the Federal Land Policy and Management 


srobinson on DSKHWCL6B1PROD with BILLS
62 

•S 138 IS

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

2 study area described in subsection (b) that is not des3 ignated as a wilderness area or wilderness addition by sec4 tion 1501 or any other Act enacted before the date of en5 actment of this title has been adequately studied for wil6 derness. 

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

8 areas referred to in subsection (a) are— 

9 ‘‘(1) the Cady Mountains Wilderness Study 

10 Area; 

11 ‘‘(2) the Great Falls Basin Wilderness Study 

12 Area; and 

13 ‘‘(3) the Soda Mountains Wilderness Study 

14 Area. 

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

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

17 a wilderness area or wilderness addition by section 1501 

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

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

20 ‘‘TITLE XVI—DESIGNATION OF 

21 SPECIAL MANAGEMENT AREA 

22 ‘‘SEC. 1601. DEFINITIONS. 

23 ‘‘In this title: 


srobinson on DSKHWCL6B1PROD with BILLS
63 

•S 138 IS

1 ‘‘(1) MANAGEMENT AREA.—The term ‘Manage2 ment Area’ means the Vinagre Wash Special Man3 agement Area. 

4 ‘‘(2) MAP.—The term ‘map’ means the map en5 titled ‘Vinagre Wash Special Management Area-Pro6 posed’ and dated November 10, 2009. 

7 ‘‘(3) PUBLIC LAND.—The term ‘public land’ 

8 has the meaning given the term ‘public lands’ in sec9 tion 103 of the Federal Land Policy and Manage10 ment Act of 1976 (43 U.S.C. 1702). 

11 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of the Interior. 

13 ‘‘SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPE14 CIAL MANAGEMENT AREA. 

15 ‘‘(a) ESTABLISHMENT.—There is established the 

16 Vinagre Wash Special Management Area in the State, to 

17 be managed by the El Centro Field Office and the Yuma 

18 Field Office of the Bureau of Land Management. 

19 ‘‘(b) PURPOSE.—The purpose of the Management 

20 Area is to conserve, protect, and enhance— 

21 ‘‘(1) the plant and wildlife values of the Man22 agement Area; and 

23 ‘‘(2) the outstanding and nationally significant 

24 ecological, geological, scenic, recreational, archaeVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
64 

•S 138 IS

1 ological, cultural, historic, and other resources of the 

2 Management Area. 

3 ‘‘(c) BOUNDARIES.—The Management Area shall 

4 consist of the public land in Imperial County, California, 

5 comprising approximately 74,714 acres, as generally de6 picted on the map. 

7 ‘‘(d) MAP; LEGAL DESCRIPTION.— 

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

9 not later than 3 years, after the date of enactment 

10 of this title, the Secretary shall submit a map and 

11 legal description of the Management Area to— 

12 ‘‘(A) the Committee on Natural Resources 

13 of the House of Representatives; and 

14 ‘‘(B) the Committee on Energy and Nat15 ural Resources of the Senate. 

16 ‘‘(2) EFFECT.—The map and legal description 

17 submitted under paragraph (1) shall have the same 

18 force and effect as if included in this title, except 

19 that the Secretary may correct any errors in the 

20 map and legal description. 

21 ‘‘(3) AVAILABILITY.—Copies of the map sub22 mitted under paragraph (1) shall be on file and 

23 available for public inspection in— 

24 ‘‘(A) the Office of the Director of the Bu25 reau of Land Management; and 


srobinson on DSKHWCL6B1PROD with BILLS
65 

•S 138 IS

1 ‘‘(B) the appropriate office of the Bureau 

2 of Land Management in the State. 

3 ‘‘SEC. 1603. MANAGEMENT. 

4 ‘‘(a) IN GENERAL.—The Secretary shall allow hiking, 

5 camping, hunting, and sightseeing and the use of motor6 ized vehicles, mountain bikes, and horses on designated 

7 routes in the Management Area in a manner that— 

8 ‘‘(1) is consistent with the purpose of the Man9 agement Area described in section 1602(b); 

10 ‘‘(2) ensures public health and safety; and 

11 ‘‘(3) is consistent with applicable law. 

12 ‘‘(b) OFF-HIGHWAY VEHICLE USE.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

14 and (3) and all other applicable laws, the use of off15 highway vehicles shall be permitted on routes in the 

16 Management Area generally depicted on the map. 

17 ‘‘(2) CLOSURE.—The Secretary may tempo18 rarily close or permanently reroute a portion of a 

19 route described in paragraph (1)— 

20 ‘‘(A) to prevent, or allow for restoration of, 

21 resource damage; 

22 ‘‘(B) to protect tribal cultural resources, 

23 including the resources identified in the tribal 

24 cultural resources management plan developed 

25 under section 1905(c); 


srobinson on DSKHWCL6B1PROD with BILLS
66 

•S 138 IS

1 ‘‘(C) to address public safety concerns; or 

2 ‘‘(D) as otherwise required by law. 

3 ‘‘(3) DESIGNATION OF ADDITIONAL ROUTES.— 

4 During the 3-year period beginning on the date of 

5 enactment of this title, the Secretary— 

6 ‘‘(A) shall accept petitions from the public 

7 regarding additional routes for off-highway ve8 hicles; and 

9 ‘‘(B) may designate additional routes that 

10 the Secretary determines— 

11 ‘‘(i) would provide significant or 

12 unique recreational opportunities; and 

13 ‘‘(ii) are consistent with the purposes 

14 of the Management Area. 

15 ‘‘(c) WITHDRAWAL.—Subject to valid existing rights, 

16 all Federal land within the Management Area is with17 drawn from— 

18 ‘‘(1) all forms of entry, appropriation, or dis19 posal under the public land laws; 

20 ‘‘(2) location, entry, and patent under the min21 ing laws; and 

22 ‘‘(3) right-of-way, leasing, or disposition under 

23 all laws relating to— 

24 ‘‘(A) minerals; or 

25 ‘‘(B) solar, wind, and geothermal energy. 


srobinson on DSKHWCL6B1PROD with BILLS
67 

•S 138 IS

1 ‘‘(d) NO BUFFERS.—The establishment of the Man2 agement Area shall not— 

3 ‘‘(1) create a protective perimeter or buffer 

4 zone around the Management Area; or 

5 ‘‘(2) preclude uses or activities outside the 

6 Management Area that are permitted under other 

7 applicable laws, even if the uses or activities are pro8 hibited within the Management Area. 

9 ‘‘(e) NOTICE OF AVAILABLE ROUTES.—The Sec10 retary shall ensure that visitors to the Management Area 

11 have access to adequate notice relating to the availability 

12 of designated routes in the Management Area through— 

13 ‘‘(1) the placement of appropriate signage along 

14 the designated routes; 

15 ‘‘(2) the distribution of maps, safety education 

16 materials, and other information that the Secretary 

17 determines to be appropriate; and 

18 ‘‘(3) restoration of areas that are not des19 ignated as open routes, including vertical mulching. 

20 ‘‘(f) STEWARDSHIP.—The Secretary, in consultation 

21 with Indian tribes and other interests, shall develop a pro22 gram to provide opportunities for monitoring and steward23 ship of the Management Area to minimize environmental 

24 impacts and prevent resource damage from recreational 

25 use, including volunteer assistance with— 


srobinson on DSKHWCL6B1PROD with BILLS
68 

•S 138 IS

1 ‘‘(1) route signage; 

2 ‘‘(2) restoration of closed routes; 

3 ‘‘(3) protection of Management Area resources; 

4 and 

5 ‘‘(4) recreation education. 

6 ‘‘(g) PROTECTION OF TRIBAL CULTURAL RE7 SOURCES.—Not later than 2 years after the date of enact8 ment of this title, the Secretary, in accordance with the 

9 National Historic Preservation Act (16 U.S.C. 470 et 

10 seq.) and any other applicable law, shall— 

11 ‘‘(1) prepare and complete a tribal cultural re12 sources survey of the Management Area; and 

13 ‘‘(2) consult with the Quechan Indian Nation 

14 and other Indian tribes demonstrating ancestral, cul15 tural, or other ties to the resources within the Man16 agement Area on the development and implementa17 tion of the tribal cultural resources survey under 

18 paragraph (1). 

19 ‘‘SEC. 1604. POTENTIAL WILDERNESS. 

20 ‘‘(a) PROTECTION OF WILDERNESS CHARACTER.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall man22 age the Federal land in the Management Area de23 scribed in paragraph (2) in a manner that preserves 

24 the character of the land for the eventual inclusion 


srobinson on DSKHWCL6B1PROD with BILLS
69 

•S 138 IS

1 of the land in the National Wilderness Preservation 

2 System. 

3 ‘‘(2) DESCRIPTION OF LAND.—The Federal 

4 land described in this paragraph is— 

5 ‘‘(A) the approximately 9,160 acres of 

6 land, as generally depicted on the map entitled 

7 ‘Indian Pass Wilderness Additions-Proposed’ 

8 and dated November 10, 2009; 

9 ‘‘(B) the approximately 17,436 acres of 

10 land, as generally depicted on the map entitled 

11 ‘Milpitas Wash Wilderness Area-Proposed’ and 

12 dated November 10, 2009; 

13 ‘‘(C) the approximately 13,647 acres of 

14 land, as generally depicted on the map entitled 

15 ‘Buzzard Peak Wilderness Area-Proposed’ and 

16 dated November 10, 2009; and 

17 ‘‘(D) the approximately 8,090 acres of 

18 land, as generally depicted on the map entitled 

19 ‘Palo Verde Mountain Wilderness Additions20 Proposed’ and dated November 10, 2009. 

21 ‘‘(3) USE OF LAND.— 

22 ‘‘(A) MILITARY USES.—The Secretary 

23 shall manage the Federal land in the Manage24 ment Area described in paragraph (2) in a 

25 manner that is consistent with the Wilderness 


srobinson on DSKHWCL6B1PROD with BILLS
70 

•S 138 IS

1 Act (16 U.S.C. 1131 et seq.), except that the 

2 Secretary may authorize use of the land by the 

3 Secretary of the Navy for Naval Special War4 fare Tactical Training, including long-range 

5 small unit training and navigation, vehicle con6 cealment, and vehicle sustainment training, in 

7 accordance with applicable Federal laws. 

8 ‘‘(B) PROHIBITED USES.—The following 

9 shall be prohibited on the Federal land de10 scribed in paragraph (2): 

11 ‘‘(i) Permanent roads. 

12 ‘‘(ii) Commercial enterprises. 

13 ‘‘(iii) Except as necessary to meet the 

14 minimum requirements for the administra15 tion of the Federal land and to protect 

16 public health and safety— 

17 ‘‘(I) the use of mechanized vehi18 cles; and 

19 ‘‘(II) the establishment of tem20 porary roads. 

21 ‘‘(4) WILDERNESS DESIGNATION.— 

22 ‘‘(A) IN GENERAL.—The Federal land de23 scribed in paragraph (2) shall be designated as 

24 wilderness and as a component of the National 

25 Wilderness Preservation System on the date on 


srobinson on DSKHWCL6B1PROD with BILLS
71 

•S 138 IS

1 which the Secretary, in consultation with the 

2 Secretary of Defense, publishes a notice in the 

3 Federal Register that all activities on the Fed4 eral land that are incompatible with the Wilder5 ness Act (16 U.S.C. 1131 et seq.) have termi6 nated. 

7 ‘‘(B) DESIGNATION.—On designation of 

8 the Federal land under clause (i)— 

9 ‘‘(i) the land described in paragraph 

10 (2)(A) shall be incorporated in, and shall 

11 be considered to be a part of, the Indian 

12 Pass Wilderness; 

13 ‘‘(ii) the land described in paragraph 

14 (2)(B) shall be designated as the ‘Milpitas 

15 Wash Wilderness’; 

16 ‘‘(iii) the land described in paragraph 

17 (2)(C) shall be designated as the ‘Buzzard 

18 Peak Wilderness’; and 

19 ‘‘(iv) the land described in paragraph 

20 (2)(D) shall be incorporated in, and shall 

21 be considered to be a part of, the Palo 

22 Verde Mountains Wilderness. 

23 ‘‘(b) ADMINISTRATION OF WILDERNESS.—Subject to 

24 valid existing rights, the land designated as wilderness or 

25 as a wilderness addition by this title shall be administered 


srobinson on DSKHWCL6B1PROD with BILLS
72 

•S 138 IS

1 by the Secretary in accordance with this Act and the Wil2 derness Act (16 U.S.C. 1131 et seq.). 

3 ‘‘TITLE XVII—NATIONAL PARK 

4 SYSTEM ADDITIONS 

5 ‘‘SEC. 1701. DEATH VALLEY NATIONAL PARK BOUNDARY RE6 VISION. 

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

8 National Park is adjusted to include— 

9 ‘‘(1) the approximately 33,041 acres of Bureau 

10 of Land Management land abutting the southern 

11 end of the Death Valley National Park that lies be12 tween Death Valley National Park to the north and 

13 Ft. Irwin Military Reservation to the south and 

14 which runs approximately 34 miles from west to 

15 east, as depicted on the map entitled ‘Death Valley 

16 National Park Proposed Boundary Addition’, num17 bered 143/100,080, and dated June 2009; 

18 ‘‘(2) the approximately 6,379 acres of Bureau 

19 of Land Management land in Inyo County, Cali20 fornia, located in the northeast area of Death Valley 

21 National Park that is within, and surrounded by, 

22 land under the jurisdiction of the Director of the 

23 National Park Service, as depicted on the map enti24 tled ‘Proposed Crater Mine Area Addition to Death 


srobinson on DSKHWCL6B1PROD with BILLS
73 

•S 138 IS

1 Valley National Park’, numbered 143/100,079, and 

2 dated June 2009; and 

3 ‘‘(3)(A) on transfer of title to the private land 

4 to the National Park Service, the approximately 280 

5 acres of private land in Inyo County, California, lo6 cated adjacent to the southeastern boundary of 

7 Death Valley National Park, as depicted on the map 

8 entitled ‘Proposed Ryan Camp Addition to Death 

9 Valley National Park’, numbered 143/100,097, and 

10 dated June 2009; and 

11 ‘‘(B) the approximately 1,040 acres of Bureau 

12 of Land Management land contiguous to the private 

13 land described in subparagraph (A), as depicted on 

14 the map entitled ‘Proposed Ryan Camp Addition to 

15 Death Valley National Park’, numbered 143/ 

16 100,097, and dated June 2009. 

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

18 paragraphs (1), (2), and (3) of subsection (a) shall be on 

19 file and available for public inspection in the appropriate 

20 offices of the National Park Service. 

21 ‘‘(c) ADMINISTRATION.—The Secretary of the Inte22 rior (referred to in this section as the ‘Secretary’) shall— 

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

24 National Park under subsection (a)— 


srobinson on DSKHWCL6B1PROD with BILLS
74 

•S 138 IS

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

2 Park; and 

3 ‘‘(B) in accordance with applicable laws 

4 (including regulations); and 

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

6 enactment of this title, develop a memorandum of 

7 understanding with Inyo County, California, permit8 ting ongoing access and use to existing gravel pits 

9 along Saline Valley Road within Death Valley Na10 tional Park for road maintenance and repairs in ac11 cordance with applicable laws (including regula12 tions). 

13 ‘‘SEC. 1702. MOJAVE NATIONAL PRESERVE. 

14 ‘‘(a) IN GENERAL.—The boundary of the Mojave Na15 tional Preserve is adjusted to include— 

16 ‘‘(1) the 29,221 acres of Bureau of Land Man17 agement land that is surrounded by the Mojave Na18 tional Preserve to the northwest, west, southwest, 

19 south, and southeast and by the Nevada State line 

20 on the northeast boundary, as depicted on the map 

21 entitled ‘Proposed Castle Mountain Addition to the 

22 Mojave National Preserve’, numbered 170/100,075, 

23 and dated August 2009; and 

24 ‘‘(2) the 25 acres of Bureau of Land Manage25 ment land in Baker, California, as depicted on the 


srobinson on DSKHWCL6B1PROD with BILLS
75 

•S 138 IS

1 map entitled ‘Mojave National Preserve–Proposed 

2 Boundary Addition’, numbered 170/100,199, and 

3 dated August 2009. 

4 ‘‘(b) AVAILABILITY OF MAPS.—The maps described 

5 in subsection (a) shall be on file and available for public 

6 inspection in the appropriate offices of the National Park 

7 Service. 

8 ‘‘(c) ADMINISTRATION.—The Secretary shall admin9 ister any land added to Mojave National Preserve under 

10 subsection (a)— 

11 ‘‘(1) as part of the Mojave National Preserve; 

12 and 

13 ‘‘(2) in accordance with applicable laws (includ14 ing regulations). 

15 ‘‘SEC. 1703. JOSHUA TREE NATIONAL PARK BOUNDARY RE16 VISION. 

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

18 Tree National Park is adjusted to include the 2,879 acres 

19 of land managed by Director of the Bureau of Land Man20 agement that are contiguous at several different places to 

21 the northern boundaries of Joshua Tree National Park in 

22 the northwest section of the Park, as depicted on the map 

23 entitled ‘Joshua Tree National Park Proposed Boundary 

24 Additions’, numbered 156/100,007, and dated June 2009. 


srobinson on DSKHWCL6B1PROD with BILLS
76 

•S 138 IS

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

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

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

6 ‘‘(c) ADMINISTRATION.— 

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

9 Park under subsection (a) and the additional land 

10 described in paragraph (2)— 

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

12 Park; and 

13 ‘‘(B) in accordance with applicable laws 

14 (including regulations). 

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

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

17 25 acres of land— 

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

19 Tree National Park Boundary Adjustment 

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

21 2003; 

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

23 by the notice of the Department Interior of Au24 gust 28, 2003 (68 Fed. Reg. 51799); and 


srobinson on DSKHWCL6B1PROD with BILLS
77 

•S 138 IS

1 ‘‘(C) more particularly described as lots 

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

3 8 E., San Bernardino Meridian. 

4 ‘‘SEC. 1704. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated such sums 

6 as are necessary to carry out this title. 

7 ‘‘TITLE XVIII—OFF-HIGHWAY 

8 VEHICLE RECREATION AREAS 

9 ‘‘SEC. 1801. DESIGNATION OF OFF-HIGHWAY VEHICLE 

10 RECREATION AREAS. 

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

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

13 1701 et seq.) and resource management plans developed 

14 under this title and subject to valid existing rights, the 

15 following land within the Conservation Area in San 

16 Bernardino County, California, is designated as Off-High17 way Vehicle Recreation Areas: 

18 ‘‘(1) EL MIRAGE OFF-HIGHWAY VEHICLE

19 RECREATION AREA.—Certain Bureau of Land Man20 agement land in the Conservation Area, comprising 

21 approximately 25,600 acres, as generally depicted on 

22 the map entitled ‘El Mirage Off-Highway Vehicle 

23 Recreation Area’ and dated July 15, 2009, which 

24 shall be known as the ‘El Mirage Off-Highway Vehi25 cle Recreation Area’. 


srobinson on DSKHWCL6B1PROD with BILLS
78 

•S 138 IS

1 ‘‘(2) JOHNSON VALLEY OFF-HIGHWAY VEHICLE

2 RECREATION AREA.— 

3 ‘‘(A) IN GENERAL.—Certain Bureau of 

4 Land Management land in the Conservation 

5 Area, comprising approximately 180,000 acres, 

6 as generally depicted on the map entitled ‘John7 son Valley Off-Highway Vehicle Recreation 

8 Area’ and dated July 15, 2009, which shall be 

9 known as the ‘Johnson Valley Off-Highway Ve10 hicle Recreation Area’. 

11 ‘‘(B) EXCLUSIONS.— 

12 ‘‘(i) IN GENERAL.—Subject to clause 

13 (iii), the land described in clause (ii) shall 

14 be excluded from the Johnson Valley Off15 Highway Vehicle Recreation Area to per16 mit the Secretary of the Navy to study the 

17 land for— 

18 ‘‘(I) withdrawal in accordance 

19 with the Act of February 28, 1958 

20 (43 U.S.C. 155 et seq.); and 

21 ‘‘(II) potential inclusion in the 

22 Marine Corps Air Ground Combat 

23 Center at Twentynine Palms, Cali24 fornia, for national defense purposes. 


srobinson on DSKHWCL6B1PROD with BILLS
79 

•S 138 IS

1 ‘‘(ii) STUDY AREA.—The land referred 

2 to in clause (i) is the land that— 

3 ‘‘(I) is described in— 

4 ‘‘(aa) the notice of the Bu5 reau of Land Management of 

6 September 15, 2008 entitled ‘No7 tice of Proposed Legislative 

8 Withdrawal and Opportunity for 

9 Public Meeting; California’ (73 

10 Fed. Reg. 53269); or 

11 ‘‘(bb) any subsequent notice 

12 in the Federal Register that is 

13 related to the notice described in 

14 item (aa); and 

15 ‘‘(II) has been segregated by the 

16 Director of the Bureau of Land Man17 agement. 

18 ‘‘(iii) INCORPORATION IN OFF-HIGH19 WAY VEHICLE RECREATION AREA.—After 

20 action by the Secretary of Defense and 

21 Congress regarding the withdrawal under 

22 subparagraph (A), any land within the 

23 study area that is not withdrawn shall be 

24 incorporated into the Johnson Valley Off25 Highway Vehicle Recreation Area. 


srobinson on DSKHWCL6B1PROD with BILLS
80 

•S 138 IS

1 ‘‘(C) JOINT USE OF CERTAIN LAND.—The 

2 Secretary of Defense shall consider a potential 

3 joint use area within the Johnson Valley Off4 Highway Vehicle Recreation Area as part of the 

5 environmental impact statement of the Depart6 ment of Defense that would allow for continued 

7 recreational opportunities on the joint use area 

8 during periods in which— 

9 ‘‘(i) the joint use area is not needed 

10 for military training activities; and 

11 ‘‘(ii) public safety can be ensured. 

12 ‘‘(D) MILITARY ACCESS FOR ADMINISTRA13 TIVE PURPOSES.—In cooperation with the Sec14 retary of the Interior, the Secretary of the Navy 

15 may, after notifying the Secretary of the Inte16 rior, access the Johnson Valley Off-Highway 

17 Vehicle Recreation Area for national defense 

18 purposes supporting military training (including 

19 military range management and exercise control 

20 activities). 

21 ‘‘(3) RASOR OFF-HIGHWAY VEHICLE RECRE22 ATION AREA.—Certain Bureau of Land Management 

23 land in the Conservation Area, comprising approxi24 mately 22,400 acres, as generally depicted on the 

25 map entitled ‘Rasor Off-Highway Vehicle Recreation 


srobinson on DSKHWCL6B1PROD with BILLS
81 

•S 138 IS

1 Area’ and dated July 15, 2009, which shall be 

2 known as the ‘Rasor Off-Highway Vehicle Recre3 ation Area’. 

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

5 RECREATION AREA.—Certain Bureau of Land Man6 agement land in the Conservation Area, comprising 

7 approximately 62,080 acres, as generally depicted on 

8 the map entitled ‘Spangler Hills Off-Highway Vehi9 cle Recreation Area’ and dated July 15, 2009, which 

10 shall be known as the ‘Spangler Off-Highway Vehi11 cle Recreation Area’. 

12 ‘‘(5) STODDARD VALLEY OFF-HIGHWAY VEHI13 CLE RECREATION AREA.—Certain Bureau of Land 

14 Management land in the Conservation Area, com15 prising approximately 54,400 acres, as generally de16 picted on the map entitled ‘Stoddard Valley Off17 Highway Vehicle Recreation Area’ and dated July 

18 15, 2009, which shall be known as the ‘Stoddard 

19 Valley Off-Highway Vehicle Recreation Area’. 

20 ‘‘(b) PURPOSE.—The purpose of the off-highway ve21 hicle recreation areas designated under subsection (a) is 

22 to preserve and enhance the recreational opportunities 

23 within the Conservation Area (including opportunities for 

24 off-highway vehicle recreation), while conserving the wildVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
82 

•S 138 IS

1 life and other natural resource values of the Conservation 

2 Area. 

3 ‘‘(c) MAPS AND DESCRIPTIONS.— 

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

5 as practicable after the date of enactment of this 

6 title, the Secretary shall file a map and legal de7 scription of each off-highway vehicle recreation area 

8 designated by subsection (a) with— 

9 ‘‘(A) the Committee on Natural Resources 

10 of the House of Representatives; and 

11 ‘‘(B) the Committee on Energy and Nat12 ural Resources of the Senate. 

13 ‘‘(2) LEGAL EFFECT.—The map and legal de14 scriptions of the off-highway vehicle recreation areas 

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

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

17 Secretary may correct errors in the map and legal 

18 descriptions. 

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

20 legal description filed under paragraph (1) shall be 

21 filed and made available for public inspection in the 

22 appropriate offices of the Bureau of Land Manage23 ment. 

24 ‘‘(d) USE OF THE LAND.— 

25 ‘‘(1) RECREATIONAL ACTIVITIES.— 


srobinson on DSKHWCL6B1PROD with BILLS
83 

•S 138 IS

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

2 continue to authorize, maintain, and enhance 

3 the recreational uses of the off-highway vehicle 

4 recreation areas designated by subsection (a), 

5 including off-highway recreation, hiking, camp6 ing, hunting, mountain biking, sightseeing, 

7 rockhounding, and horseback riding, as long as 

8 the recreational use is consistent with this sec9 tion and any other applicable law. 

10 ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF11 HIGHWAY RECREATION.—To the extent con12 sistent with applicable Federal law (including 

13 regulations) and this section, any authorized 

14 recreation activities and use designations in ef15 fect on the date of enactment of this title and 

16 applicable to the off-highway vehicle recreation 

17 areas designated by subsection (a) shall con18 tinue, including casual off-highway vehicular 

19 use, racing, competitive events, rock crawling, 

20 training, and other forms of off-highway recre21 ation. 

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

23 shall be allowed in the off-highway vehicle recreation 

24 areas designated by subsection (a) in accordance 


srobinson on DSKHWCL6B1PROD with BILLS
84 

•S 138 IS

1 with applicable Bureau of Land Management guide2 lines. 

3 ‘‘(3) PROHIBITED USES.—Residential and com4 mercial development (including development of min5 ing and energy facilities, but excluding transmission 

6 line rights-of-way and related telecommunication fa7 cilities) shall be prohibited in the off-highway vehicle 

8 recreation areas designated by subsection (a) if the 

9 Secretary determines that the development is incom10 patible with the purpose described in subsection (b). 

11 ‘‘(e) ADMINISTRATION.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall admin13 ister the off-highway vehicle recreation areas des14 ignated by subsection (a) in accordance with— 

15 ‘‘(A) this title; 

16 ‘‘(B) the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et seq.); 

18 and 

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

20 regulations). 

21 ‘‘(2) MANAGEMENT PLAN.— 

22 ‘‘(A) IN GENERAL.—As soon as prac23 ticable, but not later than 3 years after the date 

24 of enactment of this title, the Secretary shall— 


srobinson on DSKHWCL6B1PROD with BILLS
85 

•S 138 IS

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

4 areas under subsection (a); or 

5 ‘‘(ii) develop new management plans 

6 for each off-highway vehicle recreation 

7 area designated under that subsection. 

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

11 vehicle and other recreational opportunities 

12 within the applicable recreation area consistent 

13 with— 

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

16 ‘‘(ii) any applicable laws (including 

17 regulations). 

18 ‘‘(C) INTERIM PLANS.—Pending comple19 tion of a new management plan under subpara20 graph (A), the existing resource management 

21 plans shall govern the use of the applicable off22 highway vehicle recreation area. 

23 ‘‘(f) STUDY.— 

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

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


srobinson on DSKHWCL6B1PROD with BILLS
86 

•S 138 IS

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

2 identify Bureau of Land Management land adjacent 

3 to the off-highway vehicle recreation areas des4 ignated by subsection (a) that is suitable for addi5 tion to the off-highway vehicle recreation areas. 

6 ‘‘(2) REQUIREMENTS.—In preparing the study 

7 under paragraph (1), the Secretary shall— 

8 ‘‘(A) seek input from stakeholders, includ9 ing— 

10 ‘‘(i) the State; 

11 ‘‘(ii) San Bernardino County, Cali12 fornia; 

13 ‘‘(iii) the public; 

14 ‘‘(iv) recreational user groups; and 

15 ‘‘(v) conservation organizations; 

16 ‘‘(B) explore the feasibility of expanding 

17 the southern boundary of the off-highway vehi18 cle recreation area described in subsection 

19 (a)(4) to include previously disturbed land; 

20 ‘‘(C) identify and exclude from consider21 ation any land that— 

22 ‘‘(i) is managed for conservation pur23 poses; 

24 ‘‘(ii) may be suitable for renewable en25 ergy development; or 


srobinson on DSKHWCL6B1PROD with BILLS
87 

•S 138 IS

1 ‘‘(iii) may be necessary for energy 

2 transmission; and 

3 ‘‘(D) not recommend or approve expansion 

4 areas that collectively would exceed the total 

5 acres administratively designated for off-high6 way recreation within the Conservation Area as 

7 of the date of enactment of this title. 

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

9 consider the information and recommendations of 

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

12 recreation areas designated by subsection (a) on the 

13 Conservation Area, in accordance with— 

14 ‘‘(A) the National Environmental Policy 

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

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

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

18 ‘‘(C) any other applicable law. 

19 ‘‘(4) SUBMISSION TO CONGRESS.—On comple20 tion of the study under paragraph (1), the Secretary 

21 shall submit the study to— 

22 ‘‘(A) the Committee on Natural Resources 

23 of the House of Representatives; and 

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


srobinson on DSKHWCL6B1PROD with BILLS
88 

•S 138 IS

1 ‘‘(5) AUTHORIZATION FOR EXPANSION.— 

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

3 study under paragraph (1) and in accordance 

4 with all applicable laws (including regulations), 

5 the Secretary shall authorize the expansion of 

6 the off-highway vehicle recreation areas rec7 ommended under the study. 

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

9 expanded areas under subparagraph (A) shall 

10 be managed in accordance with this section. 

11 ‘‘TITLE XIX—MISCELLANEOUS 

12 ‘‘SEC. 1901. STATE LAND TRANSFERS AND EXCHANGES. 

13 ‘‘(a) TRANSFER OF LAND TO ANZA-BORREGO

14 DESERT STATE PARK.— 

15 ‘‘(1) IN GENERAL.—On termination of all min16 ing claims to the land described in paragraph (2), 

17 the Secretary shall transfer the land described in 

18 that paragraph to the State. 

19 ‘‘(2) DESCRIPTION OF LAND.—The land re20 ferred to in paragraph (1) is certain Bureau of Land 

21 Management land in San Diego County, California, 

22 comprising approximately 934 acres, as generally de23 picted on the 2 maps entitled ‘Anza-Borrego Desert 

24 State Park Additions-Table Mountain Wilderness 

25 Study Area’ and dated July 15, 2009. 


srobinson on DSKHWCL6B1PROD with BILLS
89 

•S 138 IS

1 ‘‘(3) MANAGEMENT.— 

2 ‘‘(A) IN GENERAL.—The land transferred 

3 under paragraph (1) shall be managed in ac4 cordance with the provisions of the California 

5 Wilderness Act (California Public Resources 

6 Code sections 5093.30–5093.40). 

7 ‘‘(B) WITHDRAWAL.—Subject to valid ex8 isting rights, the land transferred under para9 graph (1) is withdrawn from— 

10 ‘‘(i) all forms of entry, appropriation, 

11 or disposal under the public land laws; 

12 ‘‘(ii) location, entry, and patent under 

13 the mining laws; and 

14 ‘‘(iii) disposition under all laws relat15 ing to mineral and geothermal leasing. 

16 ‘‘(C) REVERSION.—If the State ceases to 

17 manage the land transferred under paragraph 

18 (1) as part of the State Park System or in a 

19 manner inconsistent with the California Wilder20 ness Act (California Public Resources Code sec21 tions 5093.30–5093.40), the land shall revert to 

22 the Secretary, to be managed as a Wilderness 

23 Study Area. 

24 ‘‘(b) LAND EXCHANGES.— 


srobinson on DSKHWCL6B1PROD with BILLS
90 

•S 138 IS

1 ‘‘(1) IN GENERAL.—The Secretary shall, in con2 sultation and cooperation with the California State 

3 Lands Commission (referred to in this section as the 

4 ‘Commission’), develop a process to exchange iso5 lated parcels of State land within the Conservation 

6 Area for Federal land located in the Conservation 

7 Area or other Federal land in the State that— 

8 ‘‘(A) is consistent with the plans described 

9 in paragraph (2); and 

10 ‘‘(B) ensures that the conservation goals 

11 and objectives identified in those plans are not 

12 adversely impacted. 

13 ‘‘(2) DESCRIPTION OF PLANS.—The plans re14 ferred to in paragraph (1) are— 

15 ‘‘(A) the California Desert Renewable En16 ergy Conservation Plan; 

17 ‘‘(B) the California Desert Conservation 

18 Area Plan; 

19 ‘‘(C) the Northern and Eastern Colorado 

20 Desert Plan; and 

21 ‘‘(D) any other applicable plans. 

22 ‘‘(3) REQUIREMENTS.—The process developed 

23 under paragraph (1) shall— 


srobinson on DSKHWCL6B1PROD with BILLS
91 

•S 138 IS

1 ‘‘(A) apply to all State land within the 

2 Conservation Area that is under the jurisdiction 

3 of the Commission; 

4 ‘‘(B) prioritize the elimination of State 

5 land from units of the National Park System, 

6 national monuments, and wilderness areas; 

7 ‘‘(C) provide the Commission with consoli8 dated land holdings sufficient to make the land 

9 viable for commercial or recreation uses, includ10 ing renewable energy development, off-highway 

11 vehicle recreation, or State infrastructure or re12 source needs; 

13 ‘‘(D) establish methods to ensure that— 

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

15 date of enactment of this title, the Sec16 retary and the Commission complete an in17 ventory of Federal land and State land in 

18 the Conservation Area under the jurisdic19 tion of the Secretary and the Commission, 

20 respectively, and any other Federal land 

21 and property outside the Conservation 

22 Area that is determined to be suitable for 

23 exchange consistent with paragraph (1); 

24 ‘‘(ii) there is a public comment period 

25 of not less than 90 days with respect to— 


srobinson on DSKHWCL6B1PROD with BILLS
92 

•S 138 IS

1 ‘‘(I) the inventory of land under 

2 clause (i); and 

3 ‘‘(II) any proposed land exchange 

4 under this section that involves more 

5 than 5,000 acres of Federal land; 

6 ‘‘(iii) in preparing the inventory of 

7 Federal land suitable for exchange under 

8 clause (i), the Secretary shall use best ef9 forts to give priority to— 

10 ‘‘(I) land that has the potential 

11 for commercial development, including 

12 renewable energy development, such 

13 as wind and solar energy development; 

14 ‘‘(II) the land described in sec15 tion 707(b)(2); 

16 ‘‘(III) land located outside the 

17 boundaries of the Conservation Area 

18 (including closed military base land 

19 and land identified as surplus by the 

20 Administrator of the General Services 

21 Administration) to avoid, to the max22 imum extent feasible, conflicts with 

23 conservation of desert land; 


srobinson on DSKHWCL6B1PROD with BILLS
93 

•S 138 IS

1 ‘‘(iv) the inventory under clause (i) is 

2 updated annually by the Secretary and re3 submitted to the Commission; and 

4 ‘‘(v) the land exchanges are completed 

5 by the date that is 10 years after the date 

6 of enactment of this title; and 

7 ‘‘(E) provide for the submission of annual 

8 reports to Congress that— 

9 ‘‘(i) describe any progress or impedi10 ments to accomplishing the goal described 

11 in subparagraph (D)(v); and 

12 ‘‘(ii) any recommendations for legisla13 tion to accomplish the goal. 

14 ‘‘(4) VALUATION.—Notwithstanding paragraphs 

15 (2) through (5) of subsection (d) of section 206 of 

16 the Federal Land Policy and Management Act of 

17 1976 (43 U.S.C. 1716(d)), if, within 180 days after 

18 the submission of an appraisal under subsection 

19 (d)(1) of that section, the Secretary and the Com20 mission cannot agree to accept the findings of the 

21 appraisal— 

22 ‘‘(A) the Secretary and the Commission 

23 shall mutually agree to employ a process of bar24 gaining or some other process to determine the 

25 values of the land involved in the exchange; 


srobinson on DSKHWCL6B1PROD with BILLS
94 

•S 138 IS

1 ‘‘(B) the appraisal shall be submitted to an 

2 arbiter appointed by the Secretary from a list 

3 of arbitrators submitted to the Secretary by the 

4 American Arbitration Association for arbitra5 tion; 

6 ‘‘(C) although the decision of the arbiter 

7 under subparagraph (B) shall be nonbinding, 

8 the decision may be used by the Secretary and 

9 the Commission as a valid appraisal for— 

10 ‘‘(i) a period of 2 years; and 

11 ‘‘(ii) on mutual agreement of the Sec12 retary and the Commission, an additional 

13 2-year period; or 

14 ‘‘(D) on mutual agreement of the Sec15 retary and the Commission, the valuation proc16 ess shall be suspended or modified. 

17 ‘‘(5) TREATMENT OF LAND USE RESTRICTIONS

18 AND PENDING APPLICATIONS.—For the purposes of 

19 this title— 

20 ‘‘(A) the Secretary shall not exclude par21 cels from exchanges because the parcels are 

22 subject to designations or pending land use ap23 plications, including applications for the devel24 opment of renewable energy; 


srobinson on DSKHWCL6B1PROD with BILLS
95 

•S 138 IS

1 ‘‘(B) all Federal land and State land pro2 posed for exchange or sale shall be valued— 

3 ‘‘(i) according to fair market value; 

4 ‘‘(ii) in accordance with section 

5 206(d) of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 

7 1716(d)); and 

8 ‘‘(iii) without regard to— 

9 ‘‘(I) pending land use applica10 tions; 

11 ‘‘(II) renewable energy designa12 tions; or 

13 ‘‘(III) any land use restrictions 

14 on adjacent land. 

15 ‘‘(6) COOPERATION AGREEMENTS.—The Sec16 retary may— 

17 ‘‘(A) enter into such joint agreements with 

18 the General Services Administration and the 

19 Commission as the Secretary determines to be 

20 necessary to facilitate land exchanges, including 

21 agreements that establish accounting mecha22 nisms— 

23 ‘‘(i) to be used for tracking the dif24 ferential in dollar value of land conveyed in 

25 a series of transactions; and 


srobinson on DSKHWCL6B1PROD with BILLS
96 

•S 138 IS

1 ‘‘(ii) that, notwithstanding part 2200 

2 of title 43, Code of Federal Regulations (or 

3 successor regulations), may carry out4 standing cumulative credit balances until 

5 the completion of the land exchange proc6 ess developed under paragraph (1); and 

7 ‘‘(B) to the extent that the agreement does 

8 not conflict with this section, continue using the 

9 agreement entitled ‘Memorandum of Agreement 

10 Between California State Lands Commission, 

11 General Services Administration, and the De12 partment of the Interior Regarding: Implemen13 tation of the California Desert Protection Act’, 

14 which became effective on November 7, 1995. 

15 ‘‘(7) EXISTING LAW.—Except as otherwise pro16 vided in this section, nothing in this section super17 sede or limits section 707. 

18 ‘‘(8) STATE LAND LEASES.— 

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

20 manage any State land described in subpara21 graph (B) in accordance with the terms and 

22 conditions of the applicable State lease agree23 ment for the duration of the lease, subject to 

24 applicable laws (including regulations). 


srobinson on DSKHWCL6B1PROD with BILLS
97 

•S 138 IS

1 ‘‘(B) DESCRIPTION OF STATE LAND.—The 

2 State land referred to in subparagraph (A) is 

3 any State land within the Conservation Area 

4 that is subject to a lease or permit on the date 

5 of enactment of this title that is transferred to 

6 the Federal Government. 

7 ‘‘(C) EXPIRATION OF LEASE.—On the ex8 piration of a State lease referred to in subpara9 graph (A), the Secretary shall provide lessees 

10 with the opportunity to seek Federal permits to 

11 continue the existing use of the State land with12 out further action otherwise required under the 

13 National Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.). 

15 ‘‘(D) APPLICABLE LAW.—Except as other16 wise provided in this section, any State land 

17 transferred to the United States under this sec18 tion shall be managed in accordance with all 

19 laws (including regulations) and rules applicable 

20 to the public land adjacent to the transferred 

21 State land. 

22 ‘‘(c) TWENTYNINE PALMS MARINE CORPS BASE.— 

23 ‘‘(1) IN GENERAL.—The Secretary and the Sec24 retary of Defense, in consultation and in cooperation 

25 with the California State Lands Commission, shall 


srobinson on DSKHWCL6B1PROD with BILLS
98 

•S 138 IS

1 develop a process to purchase or exchange parcels of 

2 State land within the area of expansion and land use 

3 restrictions planned for the Twentynine Palms Ma4 rine Corps Base. 

5 ‘‘(2) REQUIREMENTS.—The process developed 

6 under paragraph (1) for exchanged parcels of State 

7 land shall provide the California State Lands Com8 mission with consolidated land holdings sufficient to 

9 make the land viable for commercial or recreational 

10 uses, including renewable energy development, off11 highway vehicle recreation, or State infrastructure 

12 or resource needs. 

13 ‘‘(3) APPLICABLE LAW.—An exchange of land 

14 under this subsection shall be subject to the require15 ments of subsection (b). 

16 ‘‘(d) HOLTVILLE AIRPORT, IMPERIAL COUNTY.— 

17 ‘‘(1) IN GENERAL.—On the submission of an 

18 application by Imperial County, California, the Sec19 retary of Transportation shall, in accordance with 

20 section 47125 of title 49, United States Code, and 

21 section 2641.1 of title 43, Code of Federal Regula22 tions (or successor regulations) seek a conveyance 

23 from the Secretary of approximately 3,500 acres of 

24 Bureau of Land Management land adjacent to the 


srobinson on DSKHWCL6B1PROD with BILLS
99 

•S 138 IS

1 Imperial County Holtville Airport (L04) for the pur2 poses of airport expansion. 

3 ‘‘(2) SEGREGATION.—The Secretary (acting 

4 through the Director of the Bureau of Land Man5 agement) shall, with respect to the land to be con6 veyed under paragraph (1)— 

7 ‘‘(A) segregate the land; and 

8 ‘‘(B) prohibit the appropriation of the land 

9 until— 

10 ‘‘(i) the date on which a notice of re11 alty action terminates the application; or 

12 ‘‘(ii) the date on which a document of 

13 conveyance is published. 

14 ‘‘(e) NEEDLES SOLAR RESERVE, SAN BERNARDINO

15 COUNTY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall grant 

17 to the Commission a right of first refusal to ex18 change the State land described in paragraph (2) for 

19 Bureau of Land Management land identified for dis20 posal. 

21 ‘‘(2) SECONDARY RIGHT OF REFUSAL.—If the 

22 Commission declines to exchange State land for Bu23 reau of Land Management land identified for dis24 posal within the city limits of Needles, California, 


srobinson on DSKHWCL6B1PROD with BILLS
100 

•S 138 IS

1 the City of Needles shall have a secondary right of 

2 refusal to acquire the land. 

3 ‘‘SEC. 1902. MILITARY ACTIVITIES. 

4 ‘‘Nothing in this Act— 

5 ‘‘(1) restricts or precludes Department of De6 fense motorized access by land or air— 

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

8 wilderness area designated by this Act; or 

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

10 site; 

11 ‘‘(2) prevents nonmechanized military training 

12 activities previously conducted on wilderness areas 

13 designated by this title that are consistent with— 

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

15 et seq.); and 

16 ‘‘(B) all applicable laws (including regula17 tions); 

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

19 of military aircraft over the areas designated as wil20 derness, national monuments, special management 

21 areas, or recreation areas by this Act, including mili22 tary overflights that can be seen or heard within the 

23 designated areas; 


srobinson on DSKHWCL6B1PROD with BILLS
101 

•S 138 IS

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

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

3 or 

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

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

6 establishment of military flight training routes, over 

7 the areas described in paragraph (3). 

8 ‘‘SEC. 1903. CLIMATE CHANGE AND WILDLIFE CORRIDORS. 

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

10 ‘‘(1) assess the impacts of climate change on 

11 the Conservation Area; and 

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

13 the preservation of wildlife corridors and facilitate 

14 species migration likely to occur due to climate 

15 change. 

16 ‘‘(b) STUDY.— 

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

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

19 of this title, the Secretary shall complete a study re20 garding the impact of global climate change on the 

21 Conservation Area. 

22 ‘‘(2) COMPONENTS.—The study under para23 graph (1) shall— 

24 ‘‘(A) identify the species migrating, or like25 ly to migrate, due to climate change; 


srobinson on DSKHWCL6B1PROD with BILLS
102 

•S 138 IS

1 ‘‘(B) examine the impacts and potential 

2 impacts of climate change on— 

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

4 ‘‘(ii) soil; 

5 ‘‘(iii) air quality; 

6 ‘‘(iv) water quality and quantity; and 

7 ‘‘(v) species migration and survival; 

8 ‘‘(C) identify critical wildlife and species 

9 migration corridors recommended for preserva10 tion; and 

11 ‘‘(D) include recommendations for ensur12 ing the biological connectivity of public land 

13 managed by the Secretary and the Secretary of 

14 Defense throughout the Conservation Area. 

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

16 consider the information and recommendations of 

17 the study under paragraph (1) to determine the in18 dividual and cumulative impacts of rights-of-way for 

19 projects in the Conservation Area, in accordance 

20 with— 

21 ‘‘(A) the National Environmental Policy 

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

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

24 (16 U.S.C. 1531 et seq.); and 

25 ‘‘(C) any other applicable law. 


srobinson on DSKHWCL6B1PROD with BILLS
103 

•S 138 IS

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

2 shall incorporate into all land management plans applica3 ble to the Conservation Area the findings and rec4 ommendations of the study completed under subsection 

5 (b). 

6 ‘‘SEC. 1904. PROHIBITED USES OF DONATED AND AC7 QUIRED LAND. 

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

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

10 land’ means any land acquired for the Conservation 

11 Area using amounts from the Land and Water Con12 servation Fund established under section 2 of the 

13 Land and Water Conservation Fund Act of 1965 

14 (16 U.S.C. 460l–5). 

15 ‘‘(2) DONATED LAND.—The term ‘donated 

16 land’ means any private land donated to the United 

17 States for conservation purposes in the Conservation 

18 Area. 

19 ‘‘(3) DONOR.—The term ‘donor’ means an indi20 vidual or entity that donates private land within the 

21 Conservation Area to the United States. 

22 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of the Interior, acting through the Di24 rector of the Bureau of Land Management. 


srobinson on DSKHWCL6B1PROD with BILLS
104 

•S 138 IS

1 ‘‘(b) PROHIBITIONS.—Except as provided in sub2 section (c), there shall be prohibited with respect to do3 nated land or acquired land— 

4 ‘‘(1) disposal; or 

5 ‘‘(2) any land use authorization that would re6 sult in appreciable damage or disturbance to the 

7 public lands, including— 

8 ‘‘(A) rights-of-way; 

9 ‘‘(B) leases; 

10 ‘‘(C) livestock grazing; 

11 ‘‘(D) infrastructure development; 

12 ‘‘(E) mineral entry; 

13 ‘‘(F) off-highway vehicle use, except on— 

14 ‘‘(i) designated routes; 

15 ‘‘(ii) off-highway vehicle areas des16 ignated by law; and 

17 ‘‘(iii) administratively designated open 

18 areas; and 

19 ‘‘(G) any other activities that would create 

20 impacts contrary to the conservation purposes 

21 for which the land was donated or acquired. 

22 ‘‘(c) EXCEPTIONS.— 

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

24 to paragraph (2), the Secretary may authorize limVerDate Mar 15 2010 21:26 Jan 31, 2011 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
105 

•S 138 IS

1 ited exceptions to prohibited uses of donated land or 

2 acquired land in the Conservation Area if— 

3 ‘‘(A) an applicant has submitted a right-of4 way use application to the Bureau of Land 

5 Management proposing renewable energy devel6 opment on the donated land or acquired land on 

7 or before December 1, 2009; or 

8 ‘‘(B) after the completion of an analysis 

9 under the National Environmental Policy Act of 

10 1969 (42 U.S.C. 4321 et seq.), including full 

11 public participation in the analysis, the Sec12 retary has determined that— 

13 ‘‘(i) the use of the donated land or ac14 quired land is in the public interest; 

15 ‘‘(ii) the impacts of the use are fully 

16 and appropriately mitigated; and 

17 ‘‘(iii) the land was donated or ac18 quired on or before December 1, 2009. 

19 ‘‘(2) CONDITIONS.— 

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

21 grants an exception to the prohibition under 

22 paragraph (1), the Secretary shall require the 

23 permittee to acquire and donate comparable 

24 private land to the United States to mitigate 

25 the use. 


srobinson on DSKHWCL6B1PROD with BILLS
106 

•S 138 IS

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

2 donated under subparagraph (A) shall be ap3 proved by the Secretary after consultation, to 

4 the maximum extent practicable, with the donor 

5 of the private land proposed for non-conserva6 tion uses. 

7 ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sec8 tion affects permitted or prohibited uses of donated land 

9 or acquired land in the Conservation Area established in 

10 any easements, deed restrictions, memoranda of under11 standing, or other agreements in existence on the date of 

12 enactment of this title. 

13 ‘‘(e) DEED RESTRICTIONS.—The Secretary may ac14 cept deed restrictions requested by donors for land do15 nated to the United States within the Conservation Area 

16 after the date of enactment of this title. 

17 ‘‘SEC. 1905. TRIBAL USES AND INTERESTS. 

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

19 areas designated under this Act by members of Indian 

20 tribes for traditional cultural and religious purposes, con21 sistent with applicable law, including Public Law 95–341 

22 (commonly known as the ‘‘American Indian Religious 

23 Freedom Act’’) (42 U.S.C. 1996). 

24 ‘‘(b) TEMPORARY CLOSURE.— 


srobinson on DSKHWCL6B1PROD with BILLS
107 

•S 138 IS

1 ‘‘(1) IN GENERAL.—In accordance with applica2 ble law, including Public Law 95–341 (commonly 

3 known as the ‘‘American Indian Religious Freedom 

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

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

6 Indian religious community, shall temporarily close 

7 to general public use any portion of an area des8 ignated as a national monument, special manage9 ment area, wild and scenic river, or National Park 

10 System unit under this Act (referred to in this sub11 section as a ‘designated area’) to protect the privacy 

12 of traditional cultural and religious activities in the 

13 designated area by members of the Indian tribe or 

14 Indian religious community. 

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

16 designated area under paragraph (1), the Secretary 

17 shall limit the closure to the smallest practicable 

18 area for the minimum period necessary for the tradi19 tional cultural and religious activities. 

20 ‘‘(c) TRIBAL CULTURAL RESOURCES MANAGEMENT

21 PLAN.— 

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

23 after the date of enactment of this title, the Sec24 retary of the Interior shall develop and implement a 

25 tribal cultural resources management plan to idenVerDate Mar 15 2010 21:26 Jan 31, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
108 

•S 138 IS

1 tify, protect, and conserve cultural resources of In2 dian tribes associated with the Xam Kwatchan Trail 

3 network extending from Avikwaame (Spirit Moun4 tain, Nevada) to Avikwlal (Pilot Knob, California). 

5 ‘‘(2) CONSULTATION.—The Secretary shall con6 sult on the development and implementation of the 

7 tribal cultural resources management plan under 

8 paragraph (1) with— 

9 ‘‘(A) each of— 

10 ‘‘(i) the Chemehuevi Indian Tribe; 

11 ‘‘(ii) the Hualapai Tribal Nation; 

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

13 ‘‘(iv) the Colorado River Indian 

14 Tribes; 

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

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

17 ‘‘(B) the Advisory Council on Historic 

18 Preservation. 

19 ‘‘(3) RESOURCE PROTECTION.—The tribal cul20 tural resources management plan developed under 

21 paragraph (1) shall be— 

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

23 resources survey; and 

24 ‘‘(B) include procedures for identifying, 

25 protecting, and preserving petroglyphs, ancient 


srobinson on DSKHWCL6B1PROD with BILLS
109 

•S 138 IS

1 trails, intaglios, sleeping circles, artifacts, and 

2 other resources of cultural, archaeological, or 

3 historical significance in accordance with all ap4 plicable laws and policies, including— 

5 ‘‘(i) the National Historic Preserva6 tion Act (16 U.S.C. 470 et seq.); 

7 ‘‘(ii) Public Law 95–341 (commonly 

8 known as the ‘American Indian Religious 

9 Freedom Act’)(42 U.S.C. 1996); 

10 ‘‘(iii) the Archaeological Resources 

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

12 et seq.); 

13 ‘‘(iv) the Native American Graves 

14 Protection and Repatriation Act (25 

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

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

17 known as the ‘Religious Freedom Restora18 tion Act of 1993’)(42 U.S.C. 2000bb et 

19 seq.). 

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

21 all Federal land within the area administratively with22 drawn and known as the ‘Indian Pass Withdrawal Area’ 

23 is permanently withdrawn from— 

24 ‘‘(1) all forms of entry, appropriation, or dis25 posal under the public laws; 


srobinson on DSKHWCL6B1PROD with BILLS
110 

•S 138 IS

1 ‘‘(2) location, entry, and patent under the min2 ing laws; and 

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

4 all laws relating to mineral, solar, wind, and geo5 thermal energy.’’. 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) SHORT TITLE.—Section 1 of the California 

8 Desert Protection Act of 1994 (16 U.S.C. 410aaa 

9 note) is amended by striking ‘‘1 and 2, and titles I 

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

11 through IX, and titles XIII through XIX’’. 

12 (2) DEFINITIONS.—The California Desert Pro13 tection Act of 1994 (Public Law 103–433; 108 Stat. 

14 4481) is amended by inserting after section 2 the 

15 following: 

16 ‘‘SEC. 3. DEFINITIONS. 

17 ‘‘In titles XIII through XIX: 

18 ‘‘(1) CONSERVATION AREA.—The term ‘Con19 servation Area’ means the California Desert Con20 servation Area. 

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

22 means— 

23 ‘‘(A) with respect to land under the juris24 diction of the Secretary of the Interior, the Sec25 retary of the Interior; and 


srobinson on DSKHWCL6B1PROD with BILLS
111 

•S 138 IS

1 ‘‘(B) with respect to land under the juris2 diction of the Secretary of Agriculture, the Sec3 retary of Agriculture. 

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

5 of California.’’. 

6 (3) ADMINISTRATION OF WILDERNESS

7 AREAS.—Section 103 of the California Desert Pro8 tection Act of 1994 (Public Law 103–433; 108 Stat. 

9 4481) is amended— 

10 (A) by striking subsection (d) and insert11 ing the following: 

12 ‘‘(d) NO BUFFER ZONES.— 

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

14 for the designation of wilderness areas by this Act— 

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

16 land adjacent to the wilderness areas; or 

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

18 perimeters or buffer zones around the wilder19 ness areas. 

20 ‘‘(2) NONWILDERNESS ACTIVITIES.—Any non21 wilderness activities (including renewable energy 

22 projects, mining, camping, hunting, and military ac23 tivities) in areas immediately adjacent to the bound24 ary of a wilderness area designated by this Act shall 

25 not be restricted or precluded by this Act, regardless 


srobinson on DSKHWCL6B1PROD with BILLS
112 

•S 138 IS

1 of any actual or perceived negative impacts of the 

2 nonwilderness activities on the wilderness area, in3 cluding any potential indirect impacts of nonwilder4 ness activities conducted outside the designated wil5 derness area on the viewshed, ambient noise level, or 

6 air quality of wilderness area.’’; 

7 (B) in subsection (f), by striking ‘‘des8 ignated by this title and’’ inserting ‘‘, potential 

9 wilderness areas, special management areas, 

10 and national monuments designated by this title 

11 or titles XIII through XIX’’; and 

12 (C) in subsection (g), by inserting ‘‘, a po13 tential wilderness area, a special management 

14 areas, or national monument’’ before ‘‘by this 

15 Act’’. 

16 (4) MOJAVE NATIONAL PRESERVE.—Title V of 

17 the California Desert Protection Act of 1994 (16 

18 U.S.C. 410aaa–41 et seq.) is amended by adding at 

19 the end the following: 

20 ‘‘SEC. 520. NATIVE GROUNDWATER SUPPLIES. 

21 ‘‘The Director of the Bureau of Land Management 

22 shall not access or process any application for a right-of23 way for development projects that propose to use native 

24 groundwater from aquifers adjacent to the Mojave Na25 tional Preserve that individually or collectively, in comVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
113 

•S 138 IS

1 bination with proposed or anticipated projects on private 

2 land, require the use of native groundwater in excess of 

3 the estimated recharge rate as determined by the United 

4 States Geological Survey.’’. 

5 (5) AMENDMENTS TO THE CALIFORNIA MILI6 TARY LANDS WITHDRAWAL AND OVERFLIGHTS ACT

7 OF 1994.— 

8 (A) FINDINGS.—Section 801(b)(2) of the 

9 California Military Lands Withdrawal and 

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

11 note) is amended by inserting ‘‘, national monu12 ments, special management areas, potential wil13 derness areas,’’ before ‘‘and wilderness areas’’. 

14 (B) OVERFLIGHTS; SPECIAL AIRSPACE.— 

15 Section 802 of the California Military Lands 

16 Withdrawal and Overflights Act of 1994 (16 

17 U.S.C. 410aaa–82) is amended— 

18 (i) in subsection (a), by inserting ‘‘, 

19 national monuments, or special manage20 ment areas’’ before ‘‘designated by this 

21 Act’’; 

22 (ii) in subsection (b), by inserting ‘‘, 

23 national monuments, or special manage24 ment areas’’ before ‘‘designated by this 

25 Act’’; and 


srobinson on DSKHWCL6B1PROD with BILLS
114 

•S 138 IS

1 (iii) by adding at the end the fol2 lowing: 

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

4 Nothing in this Act alters any authority of the Secretary 

5 of Defense to conduct military operations at installations 

6 and ranges within the California Desert Conservation 

7 Area that are authorized under any other provision of 

8 law.’’. 

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

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

11 U.S.C. 1274(a)) is amended— 

12 (1) in paragraph (196), by striking subpara13 graph (A) and inserting the following: 

14 ‘‘(A)(i) The approximately 1.4-mile seg15 ment of the Amargosa River in the State of 

16 California, from the private property boundary 

17 in sec. 19, T. 22 N., R. 7 E., to 100 feet down18 stream of Highway 178, to be administered by 

19 the Secretary of the Interior as a scenic river 

20 as an addition to the Amargosa Wild and Sce21 nic River on publication by the Secretary of the 

22 Interior of a notice in the Federal Register that 

23 sufficient inholdings within the boundaries of 

24 the segment have been acquired as scenic ease25 ments or in fee title to establish a manageable 


srobinson on DSKHWCL6B1PROD with BILLS
115 

•S 138 IS

1 addition to the Amargosa Wild and Scenic 

2 River. 

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

4 of the Amargosa River in the State of Cali5 fornia, from 100 feet downstream of the State 

6 Highway 178 crossing to 100 feet upstream of 

7 the Tecopa Hot Springs Road crossing, to be 

8 administered by the Secretary of the Interior as 

9 a scenic river.’’; and 

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

11 ‘‘(208) SURPRISE CANYON CREEK, CALI12 FORNIA.— 

13 ‘‘(A) IN GENERAL.—The following seg14 ments of Surprise Canyon Creek in the State of 

15 California, to be administered by the Secretary 

16 of the Interior: 

17 ‘‘(i) The approximately 5.3 miles of 

18 Surprise Canyon Creek from the con19 fluence of Frenchman’s Canyon and Water 

20 Canyon to 100-feet upstream of Chris 

21 Wicht Camp, as a wild river. 

22 ‘‘(ii) The approximately 1.8 miles of 

23 Surprise Canyon Creek from 100 feet up24 stream of Chris Wicht Camp to the southVerDate Mar 15 2010 16:27 Jan 28, 2011 Jkt 099200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S138.IS S138

srobinson on DSKHWCL6B1PROD with BILLS
116 

•S 138 IS

1 ern boundary of sec. 14, T. 21 N., R. 44 

2 E., as a recreational river. 

3 ‘‘(B) EFFECT ON HISTORIC MINING STRUC4 TURES.—Nothing in this paragraph affects the 

5 historic mining structures associated with the 

6 former Panamint Mining District. 

7 ‘‘(209) DEEP CREEK, CALIFORNIA.— 

8 ‘‘(A) IN GENERAL.—The following seg9 ments of Deep Creek in the State of California, 

10 to be administered by the Secretary of Agri11 culture: 

12 ‘‘(i) The approximately 6.5-mile seg13 ment from 0.125 mile downstream of the 

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

15 2 W., to 0.25-miles upstream of the Road 

16 3N34 crossing, as a wild river. 

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

18 mile upstream of the Road 3N34 crossing 

19 to 0.25 mile downstream of the Road 

20 3N34 crossing, as a scenic river. 

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

22 miles downstream of the Road 3 N. 34 

23 crossing to 0.25 miles upstream of the 

24 Trail 2W01 crossing, as a wild river. 


srobinson on DSKHWCL6B1PROD with BILLS
117 

•S 138 IS

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

2 miles upstream of the Trail 2W01 crossing 

3 to 0.25 mile downstream of the Trail 

4 2W01 crossing, as a scenic river. 

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

6 miles downstream of the Trail 2W01 cross7 ing to the upper limit of the Mojave dam 

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

9 a wild river. 

10 ‘‘(vi) The 11-mile segment of Hol11 comb Creek from 100 yards downstream of 

12 the Road 3N12 crossing to .25 miles down13 stream of Holcomb Crossing, as a rec14 reational river. 

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

16 Holcomb Creek from 0.25 miles down17 stream of Holcomb Crossing to the Deep 

18 Creek confluence, as a wild river. 

19 ‘‘(B) EFFECT ON SKI OPERATIONS.—Noth20 ing in this paragraph affects— 

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

22 Ski Resort; or 

23 ‘‘(ii) the State regulation of water 

24 rights and water quality associated with 


srobinson on DSKHWCL6B1PROD with BILLS
118 

•S 138 IS

1 the operation of the Snow Valley Ski Re2 sort. 

3 ‘‘(210) WHITEWATER RIVER, CALIFORNIA.— 

4 The following segments of the Whitewater River in 

5 the State of California, to be administered by the 

6 Secretary of Agriculture and the Secretary of the In7 terior, acting jointly: 

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

9 Fork Whitewater River from the source of the 

10 River near Mt. San Gorgonio to the confluence 

11 with the Middle Fork, as a wild river. 

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

13 Fork Whitewater River from the source of the 

14 River to the confluence with the South Fork, as 

15 a wild river. 

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

17 Fork Whitewater River from the confluence of 

18 the River with the East Fork to the section line 

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

20 as a wild river. 

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

22 Fork Whitewater River from the section line be23 tween sections 32 and 33, T. 1 S., R. 2 E., to 

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

25 1 S., R. 2 E., as a recreational river. 


srobinson on DSKHWCL6B1PROD with BILLS
119 

•S 138 IS

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

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

4 the confluence with the Middle Fork, as a wild 

5 river. 

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

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

9 San Gorgonio Wilderness boundary, as a wild 

10 river. 

11 ‘‘(G) The 2.7-mile segment of the main 

12 stem of the Whitewater River from the San 

13 Gorgonio Wilderness boundary to the southern 

14 boundary of section 26, T. 2 S., R. 3 E., as a 

15 recreational river.’’. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS