I 

112TH CONGRESS 

1ST SESSION H. R. 113 

To provide for additions to the Cucamonga and Sheep Mountain Wilderness 

Areas in the Angeles and San Bernardino National Forests and the 

protection of existing property rights in such additions, to require the 

Secretary of Agriculture to take steps to prevent and prepare for wildfires 

in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas 

and address the backlog of maintenance in the Angeles and San 

Bernardino National Forests, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. DREIER (for himself and Ms. CHU) introduced the following bill; which 

was referred to the Committee on Natural Resources 

A BILL 

To provide for additions to the Cucamonga and Sheep Mountain Wilderness Areas in the Angeles and San 

Bernardino National Forests and the protection of existing property rights in such additions, to require the 

Secretary of Agriculture to take steps to prevent and 

prepare for wildfires in the Cucamonga, Sheep Mountain, 

and San Gabriel Wilderness Areas and address the backlog of maintenance in the Angeles and San Bernardino 

National Forests, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Angeles and San Bernardino National Forests Protection 

4 Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Administration of Cucamonga, Sheep Mountain, and San Gabriel Wilderness Areas. 

Sec. 4. Expansion of Cucamonga and Sheep Mountain Wilderness Areas. 

Sec. 5. Protection of property rights and uses in additions to Cucamonga and 

Sheep Mountain Wilderness Areas. 

Sec. 6. Fire management in Cucamonga, Sheep Mountain, and San Gabriel 

Wilderness Areas. 

Sec. 7. Maintenance of Angeles and San Bernardino National Forests. 

Sec. 8. Completion of wild and scenic rivers studies. 

Sec. 9. Authorization of appropriations. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) California has experienced devastating 

10 wildfires that have caused mudslides, burned public 

11 and private lands, destroyed and damaged structures 

12 and homes, and taken the lives of residents and first 

13 responders. 

14 (2) On August 30, 2009, Fire Captain 

15 Tedmund ‘‘Ted’’ Hall, 47, and Firefighter Specialist 

16 Arnaldo ‘‘Arnie’’ Quinones, 34, of the Los Angeles 

17 County Fire Department lost their lives while bat18 tling the Station Fire. 

19 (3) Coordination among Federal, State, and 

20 local agencies is essential to effectively respond to 


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1 emergencies and prevent further loss of life from in2 cidents in and around the Angeles and San 

3 Bernardino National Forests. 

4 (4) The Angeles and San Bernardino National 

5 Forests are among the most widely visited national 

6 forests in the Nation. 

7 (5) The Angeles and San Bernardino National 

8 Forests provide families with a variety of rec9 reational opportunities, including hunting, fishing, 

10 biking, hiking, boating, swimming, off-highway vehi11 cle use, skiing and snowboarding, horseback riding, 

12 camping, and picnicking. 

13 (6) The Angeles and San Bernardino National 

14 Forests account for approximately 70 percent of the 

15 open space and provide 35 percent of the drinking 

16 water in Los Angeles County, the most populous 

17 county in the Nation. 

18 (7) Several private land holdings and cabin 

19 communities are located within the Angeles and San 

20 Bernardino National Forests. 

21 (8) The Angeles and San Bernardino National 

22 Forests are also home to several rare and endan23 gered plant and animal species. 


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1 (9) Public safety, preserving recreational activi2 ties, and the protection of our natural resources 

3 must remain the top three priorities for these areas. 

4 SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUN5 TAIN, AND SAN GABRIEL WILDERNESS AREAS. 

6 (a) CUCAMONGA AND SHEEP MOUNTAIN WILDER7 NESS AREAS.—Except as otherwise provided in this Act, 

8 the Secretary of Agriculture shall continue to administer 

9 the Cucamonga and Sheep Mountain Wilderness Areas as 

10 provided in section 103 of the California Wilderness Act 

11 of 1984 (Public Law 98–425; 98 Stat. 1619; 16 U.S.C. 

12 1131 note) and the Wilderness Act (16 U.S.C. 1131 et 

13 seq.), except that, with respect to areas added to the 

14 Cucamonga or Sheep Mountain Wilderness Areas by an 

15 amendment made by section 4, any reference in the Wil16 derness Act to the effective date of the Wilderness Act 

17 shall be deemed to be a reference to the date of the enact18 ment of this Act. 

19 (b) SAN GABRIEL WILDERNESS AREA.—Except as 

20 otherwise provided in this Act, the Secretary of Agri21 culture shall continue to administer the San Gabriel Wil22 derness Area in accordance with section 3 of the Act enti23 tled ‘‘An Act to designate the San Gabriel Wilderness, An24 geles National Forest, in the State of California’’, ap25 proved May 24, 1968 (Public Law 90–318; 82 Stat. 131; 


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1 16 U.S.C. 1132 note), and the Wilderness Act (16 U.S.C. 

2 1131 et seq.). 

3 SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUN4 TAIN WILDERNESS AREAS. 

5 (a) EXPANSION OF CUCAMONGA WILDERNESS

6 AREA.—Section 101(a)(5) of the California Wilderness 

7 Act of 1984 (Public Law 98–425; 98 Stat. 1619; 16 

8 U.S.C. 1132 note) is amended by inserting after ‘‘1984,’’ 

9 the following: ‘‘and which comprise approximately 18,983 

10 acres, as generally depicted on a map entitled ‘Sheep 

11 Mountain and Cucamonga Proposed Wilderness Addition’ 

12 and dated July 13, 2010,’’. 

13 (b) EXPANSION OF SHEEP MOUNTAIN WILDERNESS

14 AREA.—Section 101(a)(29) of the California Wilderness 

15 Act of 1984 (Public Law 98–425; 98 Stat. 1623; 16 

16 U.S.C. 1132 note) is amended by inserting after ‘‘1984,’’ 

17 the following: ‘‘and which comprise approximately 53,889 

18 acres, as generally depicted on a map entitled ‘Sheep 

19 Mountain and Cucamonga Proposed Wilderness Addition’ 

20 and dated July 13, 2010,’’. 

21 (c) MAPS AND LEGAL DESCRIPTIONS.—As soon as 

22 practicable after the date of the enactment of this Act, 

23 the Secretary of Agriculture shall file with the Committee 

24 on Energy and Natural Resources of the Senate and the 

25 Committee on Resources of the House of Representatives 


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1 a copy of the map referred to in the amendments made 

2 by subsections (a) and (b) and legal descriptions of each 

3 wilderness area expanded by such amendments. The map 

4 and legal descriptions shall have the same force and effect 

5 as if included in this Act. The map and legal descriptions 

6 shall be on file and available for public inspection in the 

7 appropriate offices of the Forest Service. 

8 SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN 

9 ADDITIONS TO CUCAMONGA AND SHEEP 

10 MOUNTAIN WILDERNESS AREAS. 

11 (a) DEFINITION OF COVERED WILDERNESS ADDI12 TION.—For purposes of this section, the term ‘‘covered 

13 wilderness addition’’ means an area added by the amend14 ments in subsections (a) and (b) in subsection (4) to— 

15 (1) the Cucamonga Wilderness Area; or 

16 (2) the Sheep Mountain Wilderness Area. 

17 (b) NO EFFECT ON VALID EXISTING RIGHTS.—No 

18 provision in this Act shall affect any valid existing rights, 

19 including the following rights: 

20 (1) The rights of owners of private property in 

21 a covered wilderness addition. 

22 (2) Water rights. 

23 (c) HUNTING, FISHING, AND TRAPPING.—Consistent 

24 with section 4(d)(7) of the Wilderness Act (16 U.S.C. 

25 1133(d)(7)), nothing in this Act or the Wilderness Act 


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1 shall be construed as affecting the jurisdiction or respon2 sibilities of the State of California with respect to hunting, 

3 fishing, and trapping in a covered wilderness addition. 

4 (d) WILDLIFE AND FISH CONSERVATION ACTIVI5 TIES.— 

6 (1) IN GENERAL.—Consistent with section 

7 4(d)(7) of the Wilderness Act (16 U.S.C. 

8 1133(d)(7)), nothing in this Act shall be construed 

9 as affecting the authority of the State of California 

10 to carry out activities for the conservation of wildlife 

11 and fish, including management activities to main12 tain or restore wildlife and fish populations and the 

13 habitats supporting such populations, in a covered 

14 wilderness addition. 

15 (2) USE OF AIRCRAFT AND OTHER VEHI16 CLES.—Consistent with the Wilderness Act (16 

17 U.S.C. 1131 et seq.), the Secretary of Agriculture 

18 may authorize in a covered wilderness addition, in 

19 the manner in which the Secretary has previously 

20 authorized such activities in the Cucamonga and 

21 Sheep Mountain Wilderness Areas— 

22 (A) the use of transportation and equip23 ment including motor vehicles, motorized equip24 ment or motorboats, aircraft, and other forms 


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1 of mechanical transport to carry out activities 

2 described in paragraph (1); and 

3 (B) if the Secretary determines that the 

4 minimum tools necessary will be used, the infre5 quent and temporary landing of helicopters at 

6 unmodified sites for wildlife research or for the 

7 capture or translocation of species of wildlife in8 cluding bighorn sheep. 

9 (e) DRUG INTERDICTION.—Nothing in this Act or the 

10 Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere 

11 with drug interdiction operations in, around, or affecting 

12 a covered wilderness addition (including low-level over13 flights of such addition), or otherwise restrict law enforce14 ment access to a covered wilderness addition. 

15 (f) MILITARY ACTIVITIES.—Nothing in this Act or 

16 the Wilderness Act (16 U.S.C. 1131 et seq.) shall interfere 

17 with low-level overflights of military aircraft, the designa18 tion of new units of special airspace, or the use or estab19 lishment of military flight training routes over a covered 

20 wilderness addition. 

21 (g) HORSES.—Nothing in this Act precludes horse22 back riding in, or the entry of recreational or commercial 

23 saddle or pack stock into, a covered wilderness addition 

24 in accordance with section 4(d)(5) of the Wilderness Act 

25 (16 U.S.C. 1133(d)(5)) and subject to any terms and conVerDate Mar 15 2010 04:39 Jan 08, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H113.IH H113

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1 ditions determined by the Secretary of Agriculture to be 

2 necessary. 

3 (h) ACCESS FOR PERSONS WITH DISABILITIES.— 

4 The Secretary of Agriculture, in consultation with the 

5 public, shall consider options for the design and construc6 tion of trails in the covered wilderness additions that are 

7 suitable for use by persons with disabilities. 

8 (i) ACCESS TO PRIVATE PROPERTY.—In conformance 

9 with subsections (a) and (b) of section 5 of the Wilderness 

10 Act (16 U.S.C. 1134), the Secretary of Agriculture shall 

11 provide any owner of private property within the boundary 

12 of a covered wilderness addition adequate access to the 

13 property to ensure the reasonable use and enjoyment of 

14 the property by the owner. 

15 (j) ACTIVITIES OR USES IN BUFFER ZONES.—Con16 gress does not intend the inclusion of a covered wilderness 

17 addition in the Cucamonga or Sheep Mountain Wilderness 

18 Areas to result in the creation of protective perimeters or 

19 buffer zones around such addition. The fact that non20 wilderness activities or uses can be seen or heard from 

21 within a covered wilderness addition shall not, of itself, 

22 preclude such activities or uses up to the boundaries of 

23 such addition. 


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1 SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUN2 TAIN, AND SAN GABRIEL WILDERNESS AREAS. 

3 (a) AUTHORIZED MEASURES FOR CONTROL OF FIRE, 

4 INSECTS, AND DISEASES.— 

5 (1) IN GENERAL.—The Secretary of Agriculture 

6 may take such measures in the Cucamonga, Sheep 

7 Mountain, and San Gabriel Wilderness Areas as are 

8 necessary for the control of fire, insects, and dis9 eases (including the use of prescribed burning, pri10 ority treatments, or fuels reduction) in accordance 

11 with section 4(d)(1) of the Wilderness Act (16 

12 U.S.C. 1133(d)(1)) and House Report 98–40 of the 

13 98th Congress. 

14 (2) USE OF MECHANIZED EQUIPMENT AND

15 OTHER MEASURES.—The inclusion of the 

16 Cucamonga, Sheep Mountain, and San Gabriel Wil17 derness Areas in the National Wilderness Preserva18 tion System shall not be construed to interfere with 

19 or prevent— 

20 (A) for purposes of wildfire prevention, the 

21 mechanical thinning of trees or underbrush in 

22 the wilderness areas; and 

23 (B) for purposes of responding to a wild24 fire that threatens a community, the use by the 

25 Secretary, the Forest Service, or a Federal Inci26 dent Commander of any modern method of fire 


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1 suppression in the wilderness areas, including 

2 methods involving the use of mechanized heavy 

3 equipment, installation of fire breaks (including 

4 roads), and such other methods as are nec5 essary to address the threat. 

6 (b) REVISION AND DEVELOPMENT OF LOCAL FIRE

7 MANAGEMENT PLANS.—As soon as practicable after the 

8 date of the enactment of this Act, the Secretary of Agri9 culture shall amend the local fire management plans that 

10 apply to the Cucamonga, Sheep Mountain, and San Ga11 briel Wilderness Areas. In the local fire management 

12 plans, the Secretary shall identify the following: 

13 (1) Best management practices (consistent with 

14 subsection (a)) for wildfire prevention, wildfire re15 sponse, and watershed protection in the wilderness 

16 areas. 

17 (2) State and local officials to carry out the 

18 management practices described in paragraph (1). 

19 (c) ADMINISTRATION.—Not later than one year after 

20 the date of the enactment of this Act, to ensure a timely 

21 and efficient response to wildfires in the Cucamonga, 

22 Sheep Mountain, and San Gabriel Wilderness Areas, the 

23 Secretary shall carry out the following measures: 

24 (1) The Secretary shall establish agency ap25 proval procedures (including delegations of authorVerDate Mar 15 2010 04:39 Jan 08, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H113.IH H113

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1 ity, as appropriate, to the Forest Supervisor, Dis2 trict Manager, Incident Commander, or other agency 

3 officials) for responding to wildfires. 

4 (2) The Secretary shall enter into agreements, 

5 as appropriate, with State and local firefighting 

6 agencies to carry out measures for wildfire preven7 tion and response. 

8 (d) FUNDING PRIORITIES.—Nothing in this Act lim9 its funding for fire and fuels management in the 

10 Cucamonga, Sheep Mountain, and San Gabriel Wilderness 

11 Areas. 

12 SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO 

13 NATIONAL FORESTS. 

14 (a) ASSESSMENT OF MAINTENANCE BACKLOG.—Not 

15 later than one year after the date of the enactment of this 

16 Act, the Secretary of Agriculture shall assess the backlog 

17 in the Angeles and San Bernardino National Forests in— 

18 (1) preventive wildfire management activities, 

19 including fuels reduction; 

20 (2) maintenance of recreational areas, including 

21 the upkeep of signage for recreational areas and 

22 trails; and 

23 (3) restoration of the levels of access to and 

24 availability of recreational facilities and trails to at 


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1 least the levels that existed immediately before the 

2 Station Fire in August 2009. 

3 (b) ELIMINATION OF MAINTENANCE BACKLOG.—As 

4 soon as practicable after the Secretary of Agriculture has 

5 assessed the backlog under subsection (a), the Secretary 

6 shall carry out measures to eliminate the backlog assessed 

7 under subsection (a), focusing on the restoration described 

8 in paragraph (3) of such subsection. 

9 SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUD10 IES. 

11 Not later than two years after the date of the enact12 ment of this Act, the Secretary of Agriculture shall com13 plete and submit to Congress the studies, undertaken be14 fore the date of the enactment of this Act and 

15 uncompleted as of such date, regarding the potential addi16 tion of portions of the San Gabriel River (East, West, and 

17 North Forks), San Antonio Creek, and Middle Fork Lytle 

18 Creek in California to the national wild and scenic rivers 

19 system instituted by the Wild and Scenic Rivers Act (16 

20 U.S.C. 1271 et seq.). Such studies shall include informa21 tion about the effect of each proposed addition on the fol22 lowing: 

23 (1) Valid existing rights of owners of property 

24 adjacent to such rivers, including owners of cabins 


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1 on leased property, and their access to and use of 

2 such rivers, including their use of pump systems. 

3 (2) Other uses of such rivers, including the op4 eration of dams. 

5 (3) Sediment management operations for res6 ervoirs. 

7 (4) Valid existing water rights and easements in 

8 such rivers. 

9 (5) Use of and access to existing roadways, 

10 bridges, and trails, including the extent to which an 

11 existing roadway, bridge, or trail may be maintained 

12 or improved. 

13 (6) Construction of new roadways, bridges, and 

14 trails. 

15 (7) Implementation of future projects, including 

16 any delays that may be caused by environmental 

17 documentation required as a result of the addition. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Sec20 retary of Agriculture such sums as may be necessary to 

21 carry out this Act. 

Æ 


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