IB 

Union Calendar No. 146 

115TH CONGRESS 

1ST SESSION H. R. 1913 

[Report No. 115–209] 

To establish the Clear Creek National Recreation Area in San Benito and 

Fresno Counties, California, to designate the Joaquin Rocks Wilderness 

in such counties, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2017 

Mr. PANETTA (for himself, Mr. VALADAO, Mr. DENHAM, and Mr. COOK) introduced the following bill; which was referred to the Committee on Natural Resources 

JULY 11, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To establish the Clear Creek National Recreation Area in 

San Benito and Fresno Counties, California, to designate 

the Joaquin Rocks Wilderness in such counties, and for 

other purposes. 


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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. 

4 This Act may be cited as the ‘‘Clear Creek National 

5 Recreation Area and Conservation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the Plan for the Recreation Area 

10 prepared under section 4(c). 

11 (2) RECREATION AREA.—The term ‘‘Recreation 

12 Area’’ means the Clear Creek National Recreation 

13 Area. 

14 (3) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (4) STATE.—The term ‘‘State’’ means the State 

17 of California. 

18 (5) OFF HIGHWAY VEHICLE.—The term ‘‘off 

19 highway vehicle’’ means any motorized vehicle de20 signed for or capable of cross-country travel on or 

21 immediately over land, water, snow, or other natural 

22 terrain and not intended for use on public roads. 


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1 SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL 

2 RECREATION AREA. 

3 (a) IN GENERAL.—To promote environmentally re4 sponsible off highway vehicle recreation, the area generally 

5 depicted as ‘‘Proposed Clear Creek National Recreation 

6 Area’’ on the map titled ‘‘Proposed Clear Creek National 

7 Recreation Area’’ and dated February 14, 2017, is estab8 lished as the ‘‘Clear Creek National Recreation Area’’, to 

9 be managed by the Secretary. 

10 (b) OTHER PURPOSES.—The Recreation Area shall 

11 also support other public recreational uses, such as hunt12 ing, hiking, and rock and gem collecting. 

13 (c) MAP ON FILE.—Copies of the map referred to in 

14 subsection (a) shall be on file and available for public in15 spection in— 

16 (1) the Office of the Director of the Bureau of 

17 Land Management; and 

18 (2) the appropriate office of the Bureau of 

19 Land Management in California. 

20 SEC. 4. MANAGEMENT. 

21 (a) IN GENERAL.—The Secretary shall manage the 

22 Recreation Area to further the purposes described in sec23 tion 3(a), in accordance with— 

24 (1) this Act; 

25 (2) the Federal Land Policy and Management 

26 Act of 1976 (43 U.S.C. 1701 et seq.); and 


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1 (3) any other applicable law. 

2 (b) USES.—The Secretary shall— 

3 (1) prioritize environmentally responsible off 

4 highway vehicle recreation and also facilitate hunt5 ing, hiking, gem collecting, and the use of motorized 

6 vehicles, mountain bikes, and horses in accordance 

7 with the management plan described in subsection 

8 (c); 

9 (2) issue special recreation permits for motor10 ized and non-motorized events; and 

11 (3) reopen the Clear Creek Management Area 

12 to the uses described in this subsection as soon as 

13 practicable following the enactment of this Act and 

14 in accordance with the management guidelines out15 lined in this Act and other applicable law. 

16 (c) INTERIM MANAGEMENT PLAN.—The Secretary 

17 shall use the 2006 Clear Creek Management Area Re18 source Management Plan Amendment and Route Designa19 tion Record of Decision as modified by this Act or the 

20 Secretary to incorporate natural resource protection infor21 mation not available in 2006, as the basis of an interim 

22 management plan to govern off highway vehicle recreation 

23 within the Recreation Area pending the completion of the 

24 long-term management plan required in subsection (d). 


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1 (d) PERMANENT MANAGEMENT PLAN.—Not later 

2 than 2 years after the date of the enactment of this Act, 

3 the Secretary shall create a comprehensive management 

4 plan for the Clear Creek Recreation Area that— 

5 (1) shall describe the appropriate uses and 

6 management of the Recreation Area in accordance 

7 with this Act; 

8 (2) shall be prepared in consultation with— 

9 (A) appropriate Federal, State, and local 

10 agencies (including San Benito, Monterey, and 

11 Fresno Counties); 

12 (B) adjacent land owners; 

13 (C) other stakeholders (including conserva14 tion and recreational organizations); and 

15 (D) holders of any easements, rights-of16 way, and other valid rights in the Recreation 

17 Area; 

18 (3) shall include a hazards education program 

19 to inform people entering the Recreation Area of the 

20 asbestos related risks associated with various activi21 ties within the Recreation Area, including off-high22 way vehicle recreation; 

23 (4) shall include a user fee program for motor24 ized vehicle use within the Recreational Area and 

25 guidelines for the use of the funds collected for the 


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1 management and improvement of the Recreation 

2 Area; 

3 (5) shall designate as many previously used 

4 trails, roads, and other areas for off highway vehicle 

5 recreation as feasible in accordance with this in 

6 order to provide a substantially similar recreational 

7 experience, except that nothing in this paragraph 

8 shall be construed as precluding the Secretary from 

9 closing any area, trail, or route from use for the 

10 purposes of public safety or resource protection; 

11 (6) may incorporate any appropriate decisions, 

12 as determined by the Secretary, in accordance with 

13 this Act, that are contained in any management or 

14 activity plan for the area completed before the date 

15 of the enactment of this Act; 

16 (7) may incorporate appropriate wildlife habitat 

17 management plans or other plans prepared for the 

18 land within or adjacent to the Recreation Area be19 fore the date of the enactment of this Act, in accord20 ance with this Act; 

21 (8) may use information developed under any 

22 studies of land within or adjacent to the Recreation 

23 Area carried out before the date of enactment of this 

24 Act; and 


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1 (9) may include cooperative agreements with 

2 State or local government agencies to manage all or 

3 a portion of the recreational activities within the 

4 Recreation Area in accordance with an approved 

5 management plan and the requirements of this Act. 

6 (e) ACQUISITION OF PROPERTY.— 

7 (1) IN GENERAL.—The Secretary may acquire 

8 land adjacent to the National Recreation Area by 

9 purchase from willing sellers, donation, or exchange. 

10 (2) MANAGEMENT.—Any land acquired under 

11 paragraph (1) shall be managed in accordance 

12 with— 

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

15 (B) this Act; and 

16 (C) any other applicable law (including 

17 regulations). 

18 (3) IMPROVED ACCESS.—The Secretary may ac19 quire by purchase from willing sellers, donation, ex20 change, or easement, land, or interest in land to im21 prove public safety in providing access to the Recre22 ation Area. 

23 (f) PRIVATE PROPERTY.— 

24 (1) ACCESS TO PRIVATE PROPERTY.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 provide landowners adequate access to in3 holdings within the Recreation Area. 

4 (B) INHOLDINGS.—For access purposes, 

5 private land adjacent to the Recreation Area to 

6 which there is no other practicable access ex7 cept through the Recreation Area shall be man8 aged as an inholding. 

9 (2) USE OF PRIVATE PROPERTY.—Nothing in 

10 this Act affects the ownership, management, or 

11 other rights relating to any non-Federal land (in12 cluding any interest in any non-Federal land). 

13 (3) BUFFER ZONES.—Nothing in this Act cre14 ates a protective perimeter or buffer zone around the 

15 Recreation Area. 

16 (4) VALID RIGHTS.—Nothing in this Act affects 

17 any easements, rights-of-way, and other valid rights 

18 in existence on the date of the enactment of this 

19 Act. 

20 (g) WATER RIGHT EXCLUSION.—Nothing in this 

21 Act— 

22 (1) shall constitute or be construed to con23 stitute either an express or implied reservation by 

24 the United States of any water or water rights with 

25 respect to the Recreation Area; or 


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1 (2) shall affect any water rights existing on the 

2 date of the enactment of this Act. 

3 (h) HUNTING AND FISHING.—Nothing in this Act— 

4 (1) limits hunting or fishing; or 

5 (2) affects the authority, jurisdiction, or respon6 sibility of the State to manage, control, or regulate 

7 fish and resident wildlife under State law (including 

8 regulations), including the regulation of hunting or 

9 fishing on public land managed by the Bureau of 

10 Land Management. 

11 (i) MOTORIZED VEHICLES.—Except in cases in which 

12 motorized vehicles are needed for administrative purposes 

13 or to respond to an emergency, the use of motorized vehi14 cles on public land in the Recreation Area shall be per15 mitted only on roads, trails, and areas designated by the 

16 management plan for the use by motorized vehicles. 

17 (j) GRAZING.—In the Recreation Area, the grazing 

18 of livestock in areas in which grazing is allowed as of the 

19 date of the enactment of this Act shall be allowed to con20 tinue, consistent with— 

21 (1) this Act; 

22 (2) the Federal Land Policy and Management 

23 Act of 1976 (43 U.S.C. 1701 et seq.); and 


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1 (3) any regulations promulgated by the Sec2 retary, acting through the Director of the Bureau of 

3 Land Management. 

4 (k) WITHDRAWAL.—Subject to valid existing rights, 

5 all Federal land within the Recreation Area is withdrawn 

6 from— 

7 (1) all forms of entry, appropriation, and dis8 posal under the public land laws; 

9 (2) location, entry, and patenting under the 

10 mining laws; and 

11 (3) operation of the mineral leasing, mineral 

12 materials, and geothermal leasing laws. 

13 (l) FEES.—Amounts received by the Secretary under 

14 the fee structure required by subsection (d)(4) shall be— 

15 (1) deposited in a special account in the Treas16 ury of the United States; and 

17 (2) made available until expended to the Sec18 retary for use in the Recreation Area. 

19 (m) RISK STANDARD.—The National Oil and Haz20 ardous Substances Pollution Contingency Plan (section 

21 300 of title 40, Code of Federal Regulations), published 

22 pursuant to section 105 of the Comprehensive Environ23 mental Response, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9605), shall not apply to the Secretary’s 

25 management of asbestos exposure risks faced by the public 


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1 when recreating within the Clear Creek Recreation Area 

2 described in section 3(b). 

3 SEC. 5. JOAQUIN ROCKS WILDERNESS. 

4 In accordance with the Wilderness Act (16 U.S.C. 

5 1131 et seq.), the approximately 21,000 acres of Federal 

6 lands located in Fresno County and San Benito County, 

7 California, and generally depicted on a map entitled ‘‘Pro8 posed Joaquin Rocks Wilderness’’ and dated February 14, 

9 2017, is designated as wilderness and as a component of 

10 the National Wilderness Preservation System and shall be 

11 known as the ‘‘Joaquin Rocks Wilderness’’. 

12 SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS 

13 STUDY AREA. 

14 (a) FINDING.—Congress finds that, for the purposes 

15 of section 603 of the Federal Land Policy and Manage16 ment Act of 1976 (43 U.S.C. 1782), the San Benito 

17 Mountain wilderness study area has been adequately stud18 ied for wilderness designation. 

19 (b) RELEASE.—The San Benito Mountain wilderness 

20 study area is no longer subject to section 603(c) of the 

21 Federal Land Policy and Management Act of 1976 (43 

22 U.S.C. 1782(c)). 


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1 SEC. 7. CLARIFICATION REGARDING FUNDING. 

2 No additional funds are authorized to carry out the 

3 requirements of this Act. Such requirements shall be car4 ried out using amounts otherwise authorized. 


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Union Calendar No. 146 

115TH CONGRESS 

1ST SESSION H. R. 1913 

[Report No. 115–209] 

A BILL 

To establish the Clear Creek National Recreation 

ness in such counties, and for other purposes. fornia, to designate the Joaquin Rocks WilderArea in San Benito and Fresno Counties, CaliJULY 11, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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