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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 113 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Angeles and San 
Bernardino National Forests Protection Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) California has experienced devastating wildfires that 
        have caused mudslides, burned public and private lands, 
        destroyed and damaged structures and homes, and taken the lives 
        of residents and first responders.
            (2) On August 30, 2009, Fire Captain Tedmund ``Ted'' Hall, 
        47, and Firefighter Specialist Arnaldo ``Arnie'' Quinones, 34, 
        of the Los Angeles County Fire Department lost their lives 
        while battling the Station Fire.
            (3) Coordination among Federal, State, and local agencies 
        is essential to effectively respond to emergencies and prevent 
        further loss of life from incidents in and around the Angeles 
        and San Bernardino National Forests.
            (4) The Angeles and San Bernardino National Forests are 
        among the most widely visited national forests in the Nation.
            (5) The Angeles and San Bernardino National Forests provide 
        families with a variety of recreational opportunities, 
        including hunting, fishing, biking, hiking, boating, swimming, 
        off-highway vehicle use, skiing and snowboarding, horseback 
        riding, camping, and picnicking.
            (6) The Angeles and San Bernardino National Forests account 
        for approximately 70 percent of the open space and provide 35 
        percent of the drinking water in Los Angeles County, the most 
        populous county in the Nation.
            (7) Several private land holdings and cabin communities are 
        located within the Angeles and San Bernardino National Forests.
            (8) The Angeles and San Bernardino National Forests are 
        also home to several rare and endangered plant and animal 
        species.
            (9) Public safety, preserving recreational activities, and 
        the protection of our natural resources must remain the top 
        three priorities for these areas.

SEC. 3. ADMINISTRATION OF CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL 
              WILDERNESS AREAS.

    (a) Cucamonga and Sheep Mountain Wilderness Areas.--Except as 
otherwise provided in this Act, the Secretary of Agriculture shall 
continue to administer the Cucamonga and Sheep Mountain Wilderness 
Areas as provided in section 103 of the California Wilderness Act of 
1984 (Public Law 98-425; 98 Stat. 1619; 16 U.S.C. 1131 note) and the 
Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to 
areas added to the Cucamonga or Sheep Mountain Wilderness Areas by an 
amendment made by section 4, any reference in the Wilderness Act to the 
effective date of the Wilderness Act shall be deemed to be a reference 
to the date of the enactment of this Act.
    (b) San Gabriel Wilderness Area.--Except as otherwise provided in 
this Act, the Secretary of Agriculture shall continue to administer the 
San Gabriel Wilderness Area in accordance with section 3 of the Act 
entitled ``An Act to designate the San Gabriel Wilderness, Angeles 
National Forest, in the State of California'', approved May 24, 1968 
(Public Law 90-318; 82 Stat. 131; 16 U.S.C. 1132 note), and the 
Wilderness Act (16 U.S.C. 1131 et seq.).

SEC. 4. EXPANSION OF CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.

    (a) Expansion of Cucamonga Wilderness Area.--Section 101(a)(5) of 
the California Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 
1619; 16 U.S.C. 1132 note) is amended by inserting after ``1984,'' the 
following: ``and which comprise approximately 18,983 acres, as 
generally depicted on a map entitled `Sheep Mountain and Cucamonga 
Proposed Wilderness Addition' and dated July 13, 2010,''.
    (b) Expansion of Sheep Mountain Wilderness Area.--Section 
101(a)(29) of the California Wilderness Act of 1984 (Public Law 98-425; 
98 Stat. 1623; 16 U.S.C. 1132 note) is amended by inserting after 
``1984,'' the following: ``and which comprise approximately 53,889 
acres, as generally depicted on a map entitled `Sheep Mountain and 
Cucamonga Proposed Wilderness Addition' and dated July 13, 2010,''.
    (c) Maps and Legal Descriptions.--As soon as practicable after the 
date of the enactment of this Act, the Secretary of Agriculture shall 
file with the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives a copy 
of the map referred to in the amendments made by subsections (a) and 
(b) and legal descriptions of each wilderness area expanded by such 
amendments. The map and legal descriptions shall have the same force 
and effect as if included in this Act. The map and legal descriptions 
shall be on file and available for public inspection in the appropriate 
offices of the Forest Service.

SEC. 5. PROTECTION OF PROPERTY RIGHTS AND USES IN ADDITIONS TO 
              CUCAMONGA AND SHEEP MOUNTAIN WILDERNESS AREAS.

    (a) Definition of Covered Wilderness Addition.--For purposes of 
this section, the term ``covered wilderness addition'' means an area 
added by the amendments in subsections (a) and (b) in subsection (4) 
to--
            (1) the Cucamonga Wilderness Area; or
            (2) the Sheep Mountain Wilderness Area.
    (b) No Effect on Valid Existing Rights.--No provision in this Act 
shall affect any valid existing rights, including the following rights:
            (1) The rights of owners of private property in a covered 
        wilderness addition.
            (2) Water rights.
    (c) Hunting, Fishing, and Trapping.--Consistent with section 
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
Act or the Wilderness Act shall be construed as affecting the 
jurisdiction or responsibilities of the State of California with 
respect to hunting, fishing, and trapping in a covered wilderness 
addition.
    (d) Wildlife and Fish Conservation Activities.--
            (1) In general.--Consistent with section 4(d)(7) of the 
        Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act 
        shall be construed as affecting the authority of the State of 
        California to carry out activities for the conservation of 
        wildlife and fish, including management activities to maintain 
        or restore wildlife and fish populations and the habitats 
        supporting such populations, in a covered wilderness addition.
            (2) Use of aircraft and other vehicles.--Consistent with 
        the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary of 
        Agriculture may authorize in a covered wilderness addition, in 
        the manner in which the Secretary has previously authorized 
        such activities in the Cucamonga and Sheep Mountain Wilderness 
        Areas--
                    (A) the use of transportation and equipment 
                including motor vehicles, motorized equipment or 
                motorboats, aircraft, and other forms of mechanical 
                transport to carry out activities described in 
                paragraph (1); and
                    (B) if the Secretary determines that the minimum 
                tools necessary will be used, the infrequent and 
                temporary landing of helicopters at unmodified sites 
                for wildlife research or for the capture or 
                translocation of species of wildlife including bighorn 
                sheep.
    (e) Drug Interdiction.--Nothing in this Act or the Wilderness Act 
(16 U.S.C. 1131 et seq.) shall interfere with drug interdiction 
operations in, around, or affecting a covered wilderness addition 
(including low-level overflights of such addition), or otherwise 
restrict law enforcement access to a covered wilderness addition.
    (f) Military Activities.--Nothing in this Act or the Wilderness Act 
(16 U.S.C. 1131 et seq.) shall interfere with low-level overflights of 
military aircraft, the designation of new units of special airspace, or 
the use or establishment of military flight training routes over a 
covered wilderness addition.
    (g) Horses.--Nothing in this Act precludes horseback riding in, or 
the entry of recreational or commercial saddle or pack stock into, a 
covered wilderness addition in accordance with section 4(d)(5) of the 
Wilderness Act (16 U.S.C. 1133(d)(5)) and subject to any terms and 
conditions determined by the Secretary of Agriculture to be necessary.
    (h) Access for Persons With Disabilities.--The Secretary of 
Agriculture, in consultation with the public, shall consider options 
for the design and construction of trails in the covered wilderness 
additions that are suitable for use by persons with disabilities.
    (i) Access to Private Property.--In conformance with subsections 
(a) and (b) of section 5 of the Wilderness Act (16 U.S.C. 1134), the 
Secretary of Agriculture shall provide any owner of private property 
within the boundary of a covered wilderness addition adequate access to 
the property to ensure the reasonable use and enjoyment of the property 
by the owner.
    (j) Activities or Uses in Buffer Zones.--Congress does not intend 
the inclusion of a covered wilderness addition in the Cucamonga or 
Sheep Mountain Wilderness Areas to result in the creation of protective 
perimeters or buffer zones around such addition. The fact that 
nonwilderness activities or uses can be seen or heard from within a 
covered wilderness addition shall not, of itself, preclude such 
activities or uses up to the boundaries of such addition.

SEC. 6. FIRE MANAGEMENT IN CUCAMONGA, SHEEP MOUNTAIN, AND SAN GABRIEL 
              WILDERNESS AREAS.

    (a) Authorized Measures for Control of Fire, Insects, and 
Diseases.--
            (1) In general.--The Secretary of Agriculture may take such 
        measures in the Cucamonga, Sheep Mountain, and San Gabriel 
        Wilderness Areas as are necessary for the control of fire, 
        insects, and diseases (including the use of prescribed burning, 
        priority treatments, or fuels reduction) in accordance with 
        section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) 
        and House Report 98-40 of the 98th Congress.
            (2) Use of mechanized equipment and other measures.--The 
        inclusion of the Cucamonga, Sheep Mountain, and San Gabriel 
        Wilderness Areas in the National Wilderness Preservation System 
        shall not be construed to interfere with or prevent--
                    (A) for purposes of wildfire prevention, the 
                mechanical thinning of trees or underbrush in the 
                wilderness areas; and
                    (B) for purposes of responding to a wildfire that 
                threatens a community, the use by the Secretary, the 
                Forest Service, or a Federal Incident Commander of any 
                modern method of fire suppression in the wilderness 
                areas, including methods involving the use of 
                mechanized heavy equipment, installation of fire breaks 
                (including roads), and such other methods as are 
                necessary to address the threat.
    (b) Revision and Development of Local Fire Management Plans.--As 
soon as practicable after the date of the enactment of this Act, the 
Secretary of Agriculture shall amend the local fire management plans 
that apply to the Cucamonga, Sheep Mountain, and San Gabriel Wilderness 
Areas. In the local fire management plans, the Secretary shall identify 
the following:
            (1) Best management practices (consistent with subsection 
        (a)) for wildfire prevention, wildfire response, and watershed 
        protection in the wilderness areas.
            (2) State and local officials to carry out the management 
        practices described in paragraph (1).
    (c) Administration.--Not later than one year after the date of the 
enactment of this Act, to ensure a timely and efficient response to 
wildfires in the Cucamonga, Sheep Mountain, and San Gabriel Wilderness 
Areas, the Secretary shall carry out the following measures:
            (1) The Secretary shall establish agency approval 
        procedures (including delegations of authority, as appropriate, 
        to the Forest Supervisor, District Manager, Incident Commander, 
        or other agency officials) for responding to wildfires.
            (2) The Secretary shall enter into agreements, as 
        appropriate, with State and local firefighting agencies to 
        carry out measures for wildfire prevention and response.
    (d) Funding Priorities.--Nothing in this Act limits funding for 
fire and fuels management in the Cucamonga, Sheep Mountain, and San 
Gabriel Wilderness Areas.

SEC. 7. MAINTENANCE OF ANGELES AND SAN BERNARDINO NATIONAL FORESTS.

    (a) Assessment of Maintenance Backlog.--Not later than one year 
after the date of the enactment of this Act, the Secretary of 
Agriculture shall assess the backlog in the Angeles and San Bernardino 
National Forests in--
            (1) preventive wildfire management activities, including 
        fuels reduction;
            (2) maintenance of recreational areas, including the upkeep 
        of signage for recreational areas and trails; and
            (3) restoration of the levels of access to and availability 
        of recreational facilities and trails to at least the levels 
        that existed immediately before the Station Fire in August 
        2009.
    (b) Elimination of Maintenance Backlog.--As soon as practicable 
after the Secretary of Agriculture has assessed the backlog under 
subsection (a), the Secretary shall carry out measures to eliminate the 
backlog assessed under subsection (a), focusing on the restoration 
described in paragraph (3) of such subsection.

SEC. 8. COMPLETION OF WILD AND SCENIC RIVERS STUDIES.

    Not later than two years after the date of the enactment of this 
Act, the Secretary of Agriculture shall complete and submit to Congress 
the studies, undertaken before the date of the enactment of this Act 
and uncompleted as of such date, regarding the potential addition of 
portions of the San Gabriel River (East, West, and North Forks), San 
Antonio Creek, and Middle Fork Lytle Creek in California to the 
national wild and scenic rivers system instituted by the Wild and 
Scenic Rivers Act (16 U.S.C. 1271 et seq.). Such studies shall include 
information about the effect of each proposed addition on the 
following:
            (1) Valid existing rights of owners of property adjacent to 
        such rivers, including owners of cabins on leased property, and 
        their access to and use of such rivers, including their use of 
        pump systems.
            (2) Other uses of such rivers, including the operation of 
        dams.
            (3) Sediment management operations for reservoirs.
            (4) Valid existing water rights and easements in such 
        rivers.
            (5) Use of and access to existing roadways, bridges, and 
        trails, including the extent to which an existing roadway, 
        bridge, or trail may be maintained or improved.
            (6) Construction of new roadways, bridges, and trails.
            (7) Implementation of future projects, including any delays 
        that may be caused by environmental documentation required as a 
        result of the addition.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Agriculture such sums as may be necessary to carry out this Act.
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