I 

111TH CONGRESS 

1ST SESSION H. R. 4304 

To designate certain Federal lands in San Diego County, California, as 

wilderness, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2009 

Mr. ISSA introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To designate certain Federal lands in San Diego County, 

California, as wilderness, 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 ‘‘Beauty Mountain and Agua Tibia Wilderness Act of 

6 2009’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DESIGNATION AND EXPANSION OF WILDERNESS AREAS 

Sec. 101. Definition of Secretary. 


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Sec. 102. Designation of wilderness, Cleveland National Forest and Bureau of 

Land Management land in San Diego County, California. 

Sec. 103. Administration of wilderness. 

TITLE II—LOCATION AND NATURE OF APPROPRIATE 

RECREATION FACILITIES 

Sec. 201. Recreational facilities. 

1 TITLE I—DESIGNATION AND EX2 PANSION OF WILDERNESS 

3 AREAS 

4 SEC. 101. DEFINITION OF SECRETARY. 

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

6 (1) with respect to land under the jurisdiction 

7 of the Secretary of Agriculture, the Secretary of Ag8 riculture; and 

9 (2) with respect to land under the jurisdiction 

10 of the Secretary of the Interior, the Secretary of the 

11 Interior. 

12 SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND NA13 TIONAL FOREST AND BUREAU OF LAND MAN14 AGEMENT LAND IN SAN DIEGO COUNTY, 

15 CALIFORNIA. 

16 (a) AGUA TIBIA WILDERNESS ADDITIONS.—In ac17 cordance with the Wilderness Act (16 U.S.C. 1131 et 

18 seq.), certain land in the Cleveland National Forest com19 prising approximately 7,796 acres, as generally depicted 

20 on the map titled ‘‘Agua Tibia Proposed Wilderness Addi21 tions’’, and dated May 18, 2009, is designated as wilderVerDate Nov 24 2008 04:07 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4304.IH H4304

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1 ness and is incorporated in, and shall be deemed to be 

2 a part of, the Agua Tibia Wilderness. 

3 (b) BEAUTY MOUNTAIN WILDERNESS.—In accord4 ance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

5 certain land administered by the Bureau of Land Manage6 ment in San Diego County, California, comprising ap7 proximately 13,635 acres, as generally depicted on the 

8 map titled ‘‘Beauty Mountain Wilderness Additions’’, and 

9 dated December 11, 2009, is designated as wilderness and 

10 is incorporated in, and shall be deemed to be a part of, 

11 the Beauty Mountain Wilderness. 

12 (c) MAPS AND DESCRIPTIONS.— 

13 (1) IN GENERAL.—As soon as practicable after 

14 the date of the enactment of this Act, the Secretary 

15 shall file a map and legal description of each wilder16 ness area and wilderness addition designated by this 

17 section with the Committee on Natural Resources of 

18 the House of Representatives and the Committee on 

19 Energy and Natural Resources of the Senate. 

20 (2) FORCE OF LAW.—A map and legal descrip21 tion filed under paragraph (1) shall have the same 

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

23 that the Secretary may correct errors in the map 

24 and legal description. 


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1 (3) PUBLIC AVAILABILITY.—Each map and 

2 legal description filed under paragraph (1) shall be 

3 filed and made available for public inspection in the 

4 appropriate office of the Secretary. 

5 (d) UTILITY FACILITIES AND CORRIDORS.—Nothing 

6 in this section or the Wilderness Act shall be construed 

7 to prohibit construction, operation, and maintenance, 

8 using standard industry practices, of utility facilities lo9 cated, on the day before the date of the enactment of this 

10 Act, outside of the wilderness areas and wilderness addi11 tions designated by this section. 

12 SEC. 103. ADMINISTRATION OF WILDERNESS. 

13 (a) MANAGEMENT.—Subject to valid existing rights, 

14 the land designated as wilderness or as a wilderness addi15 tion by this title shall be administered by the Secretary 

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

17 et seq.), except that— 

18 (1) any reference in that Act to the effective 

19 date of that Act shall be deemed to be a reference 

20 to the date of the enactment of this Act; and 

21 (2) any reference in that Act to the Secretary 

22 of Agriculture shall be deemed to be a reference to 

23 the Secretary that has jurisdiction over the land. 

24 (b) INCORPORATION OF ACQUIRED LAND AND IN25 TERESTS.—Any land within the boundaries of a wilderness 


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1 area or wilderness addition designated by this title that 

2 is acquired by the United States shall— 

3 (1) become part of the wilderness area in which 

4 the land is located; and 

5 (2) be managed in accordance with this title, 

6 the Wilderness Act (16 U.S.C. 1131 et seq.), and 

7 any other applicable law. 

8 (c) WITHDRAWAL.—Subject to valid rights in exist9 ence on the date of enactment of this Act, the land des10 ignated as wilderness or wilderness addition by this title 

11 is withdrawn from all forms of— 

12 (1) entry, appropriation, or disposal under the 

13 public land laws; 

14 (2) location, entry, and patent under the mining 

15 laws; and 

16 (3) disposition under all laws pertaining to min17 eral and geothermal leasing or mineral materials. 

18 (d) FIRE MANAGEMENT AND RELATED ACTIVI19 TIES.— 

20 (1) IN GENERAL.—The Secretary may take 

21 such measures in a wilderness area or wilderness ad22 dition designated by this Act as are necessary for 

23 the control and prevention of fire, insects, and dis24 eases in accordance with section 4(d)(1) of the WilVerDate Nov 24 2008 04:07 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4304.IH H4304

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1 derness Act (16 U.S.C. 1133(d)(1)) and House Re2 port 98–40 of the 98th Congress. 

3 (2) FUNDING PRIORITIES.—Nothing in this sec4 tion limits funding for fire and fuels management in 

5 the wilderness areas and additions designated by 

6 this section. 

7 (3) REVISION AND DEVELOPMENT OF LOCAL

8 FIRE MANAGEMENT PLANS.—As soon as practicable 

9 after the date of the enactment of this Act, the Sec10 retary shall amend the local fire management plan 

11 that applies to the Agua Tibia Wilderness and pre12 pare a local fire management plan for the Beauty 

13 Mountain Wilderness. 

14 (4) ADMINISTRATION.—Consistent with para15 graph (1) and other applicable Federal law, to en16 sure a timely and efficient response to fire emer17 gencies in the wilderness areas and additions des18 ignated by this section, the Secretary shall— 

19 (A) not later than 1 year after the date of 

20 enactment of this Act, establish agency ap21 proval procedures (including appropriate delega22 tions of authority to the Forest Supervisor, Dis23 trict Manager, or other agency officials) for re24 sponding to fire emergencies; and 


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1 (B) enter into agreements with appropriate 

2 State or local firefighting agencies. 

3 (e) GRAZING.—Grazing of livestock in a wilderness 

4 area or wilderness addition designated by this title shall 

5 be administered in accordance with the provisions of sec6 tion 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) 

7 and the guidelines set forth in House Report 96–617 to 

8 accompany H.R. 5487 of the 96th Congress. 

9 (f) MILITARY ACTIVITIES.—Nothing in this section 

10 precludes— 

11 (1) low-level overflights of military aircraft over 

12 the wilderness areas or wilderness additions des13 ignated by this section; 

14 (2) the designation of new units of special air15 space over the wilderness areas or wilderness addi16 tions designated by this section; or 

17 (3) the use or establishment of military flight 

18 training routes over wilderness areas or wilderness 

19 additions designated by this section. 

20 TITLE II—LOCATION AND NA21 TURE OF APPROPRIATE 

22 RECREATION FACILITIES 

23 SEC. 201. RECREATIONAL FACILITIES. 

24 (a) CONSTRUCTION OF FACILITIES.—Consistent with 

25 applicable law and the applicable donation agreements beVerDate Nov 24 2008 04:07 Dec 15, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4304.IH H4304

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1 tween the Bureau of Land Management and The Con2 servation Fund, the Bureau of Land Management shall 

3 construct facilities as follows: 

4 (1) LOCATION OF RECREATIONAL FACILI5 TIES.—Recreational facilities shall be located outside 

6 of the Beauty Mountain Wilderness in sections 13 

7 and 14 and the southeast 1/4 of the northeast 1/4, 

8 and the northeast 1/4 of the southeast 1/4 of section 

9 8, Township 9 South, Range 3 East, San 

10 Bernardino Base and Meridian to support rec11 reational activities on public lands. 

12 (2) PARKING AREA.—A parking area shall be 

13 constructed in the northwest 1/4 section of the 

14 southwest 1/4 of section 33, Township 9 South, 

15 Range 3 East, San Bernardino Base and Meridian. 

16 (b) APPROPRIATE RECREATIONAL FACILITIES.— 

17 Consistent with the applicable donation agreement be18 tween the Bureau of Land Management and The Con19 servation Fund, recreational facilities located on the parcel 

20 described in subsection (a) shall include a campground, 

21 parking area, corrals, water supply, restrooms, and other 

22 appropriate facilities. 

Æ 


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