II

103D CONGRESS

1ST SESSION S. 21

To designate certain lands in the California Desert as wilderness, to establish

Death Valley, Joshua Tree, and Mojave National Parks, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 21 (legislative day, JANUARY 5), 1993

Ms. FEINSTEIN (for herself, Mrs. BOXER, Mr. AKAKA, Mr. BINGAMAN, Mr.

BOREN, Mr. BRYAN, Mr. FEINGOLD, Mr. HARKIN, Mr. KENNEDY, Mr.

KOHL, Mr. LAUTENBERG, Mr. LEAHY, Mr. METZENBAUM, Ms. MIKULSKI, Ms. MURRAY, Mr. NUNN, Mr. PELL, Mr. REID, Mr. ROCKEFELLER,

Mr. SIMON, Mr. WELLSTONE, Mr. WOFFORD, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To designate certain lands in the California Desert as wilderness, to establish Death Valley, Joshua Tree, and Mojave

National Parks, 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 That this Act may be cited as the ‘‘California Desert Pro4 tection Act of 1993’’.

5 FINDINGS AND POLICY

6 SEC. 2. (a) The Congress finds and declares that—
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1 (1) the federally owned desert lands of southern

2 California constitute a public wildland resource of

3 extraordinary and inestimable value for this and fu4 ture generations;

5 (2) these desert wildlands display unique scenic,

6 historical, archeological, environmental, ecological,

7 wildlife, cultural, scientific, educational, and rec8 reational values used and enjoyed by millions of

9 Americans for hiking and camping, scientific study

10 and scenic appreciation;

11 (3) the public land resources of the California

12 desert now face and are increasingly threatened by

13 adverse pressures which would impair, dilute, and

14 destroy their public and natural values;

15 (4) the California desert, embracing wilderness

16 lands, units of the National Park System, other

17 Federal lands, State parks and other State lands,

18 and private lands, constitutes a cohesive unit posing

19 unique and difficult resource protection and manage20 ment challenges;

21 (5) through designation of national monuments

22 by Presidential proclamation, through enactment of

23 general public land statutes (including section 601

24 of the Federal Land Policy and Management Act of

25 1976, 90 Stat. 2743, 43 U.S.C. 1701 et seq.) and
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1 through interim administrative actions, the Federal

2 government has begun the process of appropriately

3 providing for protection of the significant resources

4 of the public lands in the California desert; and

5 (6) statutory land unit designations are needed

6 to afford the full protection which the resources and

7 public land values of the California desert merit.

8 (b) In order to secure for the American people of this

9 and future generations an enduring heritage of wilderness,

10 national parks, and public land values in the California

11 desert, it is hereby declared to be the policy of the Con12 gress that—

13 (1) appropriate public lands in the California

14 desert shall be included within the National Park

15 System and the National Wilderness Preservation

16 System, in order to—

17 (A) preserve unrivaled scenic, geologic, and

18 wildlife values associated with these unique nat19 ural landscapes;

20 (B) perpetuate in their natural state sig21 nificant and diverse ecosystems of the Califor22 nia desert;

23 (C) protect and preserve historical and cul24 tural values of the California desert associated

25 with ancient Indian cultures, patterns of west-
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1 ern exploration and settlement, and sites exem2 plifying the mining, ranching and railroading

3 history of the Old West;

4 (D) provide opportunities for compatible

5 outdoor public recreation, protect and interpret

6 ecological and geological features and historic,

7 paleontological, and archeological sites, main8 tain wilderness resource values, and promote

9 public understanding and appreciation of the

10 California desert; and

11 (E) retain and enhance opportunities for

12 scientific research in undisturbed ecosystems.

13 TITLE I—WILDERNESS ADDITIONS

14 FINDINGS

15 SEC. 101. The Congress finds and declares that—

16 (1) wilderness is a distinguishing characteristic

17 of the public lands in the California desert, one

18 which affords an unrivaled opportunity for experi19 encing vast areas of the Old West essentially

20 unaltered by man’s activities, and which merits pres21 ervation for the benefit of present and future gen22 erations;

23 (2) the wilderness values of desert lands are in24 creasingly threatened by and especially vulnerable to

25 impairment, alteration, and destruction by activities
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1 and intrusions associated with incompatible use and

2 development; and

3 (3) preservation of desert wilderness necessarily

4 requires the highest forms of protective designation

5 and management.

6 DESIGNATION OF WILDERNESS

7 SEC. 102. In furtherance of the purpose of the Wil8 derness Act (78 Stat. 890, 16 U.S.C. 1131 et seq.), and

9 sections 601 and 603 of the Federal Land Policy and

10 Management Act of 1976 (90 Stat. 2743, 43 U.S.C. 1701

11 et seq.), the following lands in the State of California, as

12 generally depicted on maps, referenced herein, dated Feb13 ruary 1986 (except as otherwise dated), are hereby des14 ignated as wilderness, and therefore, as components of the

15 National Wilderness Preservation System:

16 (1) Certain lands in the California Desert Con17 servation Area, of the Bureau of Land Management,

18 which comprise approximately seventy-four thousand

19 eight hundred and ninety acres, as generally de20 picted on a map entitled ‘‘Argus Range Wilder21 ness—Proposed 1’’, dated May 1991, and two maps

22 entitled ‘‘Argus Range Wilderness—Proposed 2’’

23 and ‘‘Argus Range Wilderness—Proposed 3’’ dated

24 January 1989, and which shall be known as the

25 Argus Range Wilderness.
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1 (2) Certain lands in the California Desert Con2 servation Area, of the Bureau of Land Management,

3 which comprise approximately ten thousand three

4 hundred and eighty acres, as generally depicted on

5 a map entitled ‘‘Bigelow Cholla Garden Wilder6 ness—Proposed’’, dated October 1991, and which

7 shall be known as the Bigelow Cholla Garden Wil8 derness.

9 (3) Certain lands in the California Desert Con10 servation Area, of the Bureau of Land Management,

11 and within the San Bernardino National Forest,

12 which comprise approximately thirty-nine thousand

13 two hundred acres, as generally depicted on a map

14 entitled ‘‘Bighorn Mountain Wilderness—Proposed’’,

15 dated September 1991, and which shall be known as

16 the Bighorn Mountain Wilderness.

17 (4) Certain lands in the California Desert Con18 servation Area and the Yuma District, of the Bu19 reau of Land Management, which comprise approxi20 mately forty-seven thousand five hundred and sev21 enty acres, as generally depicted on a map entitled

22 ‘‘Big Maria Mountains Wilderness—Proposed’’, and

23 which shall be known as the Big Maria Mountains

24 Wilderness.
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1 (5) Certain lands in the California Desert Con2 servation Area, of the Bureau of Land Management,

3 which comprise thirteen thousand nine hundred and

4 forty acres, as generally depicted on a map entitled

5 ‘‘Black Mountain Wilderness—Proposed’’, and which

6 shall be known as the Black Mountain Wilderness.

7 (6) Certain lands in the California Desert Con8 servation Area, of the Bureau of Land Management,

9 which comprise approximately nine thousand five

10 hundred and twenty acres, as generally depicted on

11 a map entitled ‘‘Bright Star Wilderness—Proposed’’,

12 dated May 1991, and which shall be known as the

13 Bright Star Wilderness.

14 (7) Certain lands in the California Desert Con15 servation Area, of the Bureau of Land Management,

16 which comprise approximately sixty-eight thousand

17 five hundred and fifteen acres, as generally depicted

18 on two maps entitled ‘‘Bristol Mountains Wilder19 ness—Proposed 1’’, and ‘‘Bristol Mountains Wilder20 ness—Proposed 2’’, dated September 1991, and

21 which shall be known as Bristol Mountains Wilder22 ness.

23 (8) Certain lands in the California Desert Con24 servation Area, of the Bureau of Land Management,

25 which comprise approximately forty-two thousand six
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1 hundred and forty acres, as generally depicted on a

2 map entitled ‘‘Cadiz Dunes Wilderness—Proposed’’,

3 and which shall be known as the Cadiz Dunes Wil4 derness.

5 (9) Certain lands in the California Desert Con6 servation Area, of the Bureau of Land Management,

7 which comprise approximately eighty-five thousand

8 nine hundred and seventy acres, as generally de9 picted on a map entitled ‘‘Cady Mountains Wilder10 ness—Proposed’’, dated July 1992, and which shall

11 be known as the Cady Mountains Wilderness.

12 (10) Certain lands in the California Desert

13 Conservation Area and Eastern San Diego County,

14 of the Bureau of Land Management, which comprise

15 approximately fifteen thousand seven hundred acres,

16 as generally depicted on a map entitled ‘‘Carrizo

17 Gorge Wilderness—Proposed’’, and which shall be

18 known as the Carrizo Gorge Wilderness.

19 (11) Certain lands in the California Desert

20 Conservation Area and Yuma District, of the Bu21 reau of Land Management, which comprise approxi22 mately sixty-four thousand six hundred and forty

23 acres, as generally depicted on a map entitled

24 ‘‘Chemehuevi Mountains Wilderness—Proposed’’,
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1 dated October 1991, and which shall be known as

2 the Chemehuevi Mountains Wilderness.

3 (12) Certain lands in the Bakersfield District,

4 of the Bureau of Land Management, which comprise

5 approximately thirteen thousand seven hundred

6 acres, as generally depicted on two maps entitled

7 ‘‘Chimney Peak Wilderness—Proposed 1’’ and

8 ‘‘Chimney Peak Wilderness—Proposed 2’’, dated

9 May 1991, and which shall be known as the Chim10 ney Peak Wilderness.

11 (13) Certain lands in the California Desert

12 Conservation Area, of the Bureau of Land Manage13 ment, which comprise approximately eighty thousand

14 seven hundred and seventy acres, as generally de15 picted on two maps entitled ‘‘Chuckwalla Mountains

16 Wilderness—Proposed 1’’ and ‘‘Chuckwalla Moun17 tains Wilderness—Proposed 2’’, dated July 1992,

18 and which shall be known as the Chuckwalla Moun19 tains Wilderness.

20 (14) Certain lands in the California Desert

21 Conservation Area, of the Bureau of Land Manage22 ment, which comprise thirty-four thousand three

23 hundred and eighty acres, as generally depicted on

24 a map entitled ‘‘Cleghorn Lakes Wilderness—Pro25 posed’’, dated September 1991, and which shall be
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1 known as the Cleghorn Lakes Wilderness. The Sec2 retary may, pursuant to an application filed by the

3 Department of Defense, grant a right-of-way for,

4 and authorize construction of, a road within the area

5 depicted as ‘‘non-wilderness road corridor’’ on such

6 map.

7 (15) Certain lands in the California Desert

8 Conservation Area, of the Bureau of Land Manage9 ment, which comprise approximately forty thousand

10 acres, as generally depicted on a map entitled ‘‘Clip11 per Mountain Wilderness—Proposed’’, dated May

12 1991, and which shall be known as Clipper Moun13 tain Wilderness.

14 (16) Certain lands in the California Desert

15 Conservation Area, of the Bureau of Land Manage16 ment, which comprise approximately fifty thousand

17 five hundred and twenty acres, as generally depicted

18 on a map entitled ‘‘Coso Range Wilderness—Pro19 posed’’, dated May 1991, and which shall be known

20 as Coso Range Wilderness.

21 (17) Certain lands in the California Desert

22 Conservation Area, of the Bureau of Land Manage23 ment, which comprise approximately eighteen thou24 sand six hundred acres, as generally depicted on a

25 map entitled ‘‘Coyote Mountains Wilderness—Pro-
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1 posed’’, dated May 1991, and which shall be known

2 as Coyote Mountains Wilderness.

3 (18) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately eight thousand

6 six hundred acres, as generally depicted on a map

7 entitled ‘‘Darwin Falls Wilderness—Proposed’’,

8 dated May 1991, and which shall be known as Dar9 win Falls Wilderness.

10 (19) Certain lands in the California Desert

11 Conservation Area and the Yuma District, of the

12 Bureau of Land Management, which comprise ap13 proximately forty-eight thousand eight hundred and

14 fifty acres, as generally depicted on a map entitled

15 ‘‘Dead Mountains Wilderness—Proposed’’, dated

16 October 1991, and which shall be known as Dead

17 Mountains Wilderness.

18 (20) Certain lands in the Bakersfield District,

19 of the Bureau of Land Management, which comprise

20 approximately thirty-six thousand three hundred

21 acres, as generally depicted on two maps entitled

22 ‘‘Domeland Wilderness Additions—Proposed 1’’ and

23 ‘‘Domeland Wilderness Additions—Proposed 2’’, and

24 which are hereby incorporated in, and which shall be
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1 deemed to be a part of, the Domeland Wilderness as

2 designated by Public Laws 93–632 and 98–425.

3 (21) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately sixteen thou6 sand one hundred acres, as generally depicted on a

7 map entitled ‘‘El Paso Mountains Wilderness—Pro8 posed’’, and which shall be known as the El Paso

9 Mountains Wilderness.

10 (22) Certain lands in the California Desert

11 Conservation Area, of the Bureau of Land Manage12 ment, which comprise approximately twenty-six

13 thousand three hundred acres, as generally depicted

14 on a map entitled ‘‘Fish Creek Mountains Wilder15 ness—Proposed’’, dated May 1991, and which shall

16 be known as Fish Creek Mountains Wilderness.

17 (23) Certain lands in the California Desert

18 Conservation Area, of the Bureau of Land Manage19 ment, which comprise approximately twenty-eight

20 thousand one hundred and ten acres, as generally

21 depicted on a map entitled ‘‘Funeral Mountains Wil22 derness—Proposed’’, dated May 1991, and which

23 shall be known as Funeral Mountains Wilderness.

24 (24) Certain lands in the California Desert

25 Conservation Area, of the Bureau of Land Manage-
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1 ment, which comprise approximately thirty-seven

2 thousand seven hundred acres, as generally depicted

3 on a map entitled ‘‘Golden Valley Wilderness—Pro4 posed’’, and which shall be known as Golden Valley

5 Wilderness.

6 (25) Certain lands in the California Desert

7 Conservation Area, of the Bureau of Land Manage8 ment, which comprise approximately thirty-one thou9 sand seven hundred and twenty acres, as generally

10 depicted on a map entitled ‘‘Grass Valley Wilder11 ness—Proposed’’, and which shall be known as the

12 Grass Valley Wilderness.

13 (26) Certain lands in the California Desert

14 Conservation Area, of the Bureau of Land Manage15 ment, which comprise approximately eight thousand

16 eight hundred acres, as generally depicted on a map

17 entitled ‘‘Great Falls Basin Wilderness—Proposed’’,

18 and which shall be known as the Great Falls Basin

19 Wilderness.

20 (27) Certain lands in the California Desert

21 Conservation Area, of the Bureau of Land Manage22 ment, which comprise approximately twenty-two

23 thousand two hundred and forty acres, as generally

24 depicted on a map entitled ‘‘Hollow Hills Wilder-
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1 ness—Proposed’’, dated May 1991, and which shall

2 be known as the Hollow Hills Wilderness.

3 (28) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately twenty-six

6 thousand four hundred and sixty acres, as generally

7 depicted on a map entitled ‘‘Ibex Wilderness—Pro8 posed’’, dated May 1991, and which shall be known

9 as the Ibex Wilderness.

10 (29) Certain lands in the California Desert

11 Conservation Area, of the Bureau of Land Manage12 ment, which comprise approximately thirty-five thou13 sand and fifteen acres, as generally depicted on a

14 map entitled ‘‘Indian Pass Wilderness—Proposed’’,

15 dated October 1991, and which shall be known as

16 the Indian Pass Wilderness.

17 (30) Certain lands in the California Desert

18 Conservation Area and the Bakersfield District, of

19 the Bureau of Land Management, and within the

20 Inyo National Forest, which comprise approximately

21 two hundred and five thousand and twenty acres, as

22 generally depicted on three maps entitled ‘‘Inyo

23 Mountains Wilderness—Proposed’’, numbered in the

24 title one through three, and dated May 1991, and
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1 which shall be known as the Inyo Mountains Wilder2 ness.

3 (31) Certain lands in the California Desert

4 Conservation Area, of the Bureau of Land Manage5 ment, which comprise approximately thirty-four

6 thousand five hundred and fifty acres, as generally

7 depicted on a map entitled ‘‘Jacumba Wilderness—

8 Proposed’’, dated October 1991, and which shall be

9 known as the Jacumba Wilderness.

10 (32) Certain lands in the California Desert

11 Conservation Area, of the Bureau of Land Manage12 ment, which comprise approximately one hundred

13 and twenty-nine thousand five hundred and eighty

14 acres, as generally depicted on a map entitled ‘‘Kelso

15 Dunes Wilderness—Proposed 1’’, dated October

16 1991, a map entitled ‘‘Kelso Dunes Wilderness—

17 Proposed 2’’, dated May 1991, and a map entitled

18 ‘‘Kelso Dunes Wilderness—Proposed 3’’, dated Sep19 tember 1991, and which shall be known as the Kelso

20 Dunes Wilderness.

21 (33) Certain lands in the California Desert

22 Conservation Area, of the Bureau of Land Manage23 ment, and the Sequoia National Forest, which com24 prise approximately eighty-eight thousand two hun25 dred and ninety acres, as generally depicted on a
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1 map entitled ‘‘Kiavah Wilderness—Proposed 1’’,

2 dated February 1986, and a map entitled ‘‘Kiavah

3 Wilderness—Proposed 2’’, dated May 1991, and

4 which shall be known as the Kiavah Wilderness.

5 (34) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately two hundred

8 forty-nine thousand and three hundred and sixty9 eight acres, as generally depicted on two maps enti10 tled ‘‘Kingston Range Wilderness—Proposed 2’’,

11 dated October 1991, and ‘‘Kingston Range Wilder12 ness—Proposed 4’’, dated January 1989, and two

13 maps entitled ‘‘Kingston Range Wilderness—Pro14 posed 1’’ and ‘‘Kingston Range Wilderness—Pro15 posed 3’’, dated May 1991, and which shall be

16 known as the Kingston Range Wilderness.

17 (35) Certain lands in the California Desert

18 Conservation Area, of the Bureau of Land Manage19 ment, which comprise approximately forty-six thou20 sand four hundred and sixty acres, as generally de21 picted on a map entitled ‘‘Little Chuckwalla Moun22 tains Wilderness—Proposed’’, dated October 1991,

23 and which shall be known as the Little Chuckwalla

24 Mountains Wilderness.
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1 (36) Certain lands in the California Desert

2 Conservation Area and the Yuma District, of the

3 Bureau of Land Management, which comprise ap4 proximately thirty-six thousand four hundred and

5 forty acres, as generally depicted on a map entitled

6 ‘‘Little Picacho Wilderness—Proposed’’, dated Octo7 ber 1991, and which shall be known as the Little

8 Picacho Wilderness.

9 (37) Certain lands in the California Desert

10 Conservation Area, of the Bureau of Land Manage11 ment, which comprise approximately thirty-two thou12 sand three hundred and sixty acres, as generally de13 picted on a map entitled ‘‘Malpais Mesa Wilder14 ness—Proposed’’, dated September 1991, and which

15 shall be known as the Malpais Mesa Wilderness.

16 (38) Certain lands in the California Desert

17 Conservation Area, of the Bureau of Land Manage18 ment, which comprise approximately sixteen thou19 sand one hundred and five acres, as generally de20 picted on a map entitled ‘‘Manly Peak Wilderness—

21 Proposed’’, dated October 1991, and which shall be

22 known as the Manly Peak Wilderness.

23 (39) Certain lands in the California Desert

24 Conservation Area, of the Bureau of Land Manage25 ment, which comprise approximately twenty-four
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1 thousand two hundred and eighty acres, as generally

2 depicted on a map entitled ‘‘Mecca Hills Wilder3 ness—Proposed’’, dated October 1991, and which

4 shall be known as the Mecca Hills Wilderness.

5 (40) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately forty-seven

8 thousand three hundred and thirty acres, as gen9 erally depicted on a map entitled ‘‘Mesquite Wilder10 ness—Proposed’’, dated May 1991, and which shall

11 be known as the Mesquite Wilderness.

12 (41) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately twenty-two

15 thousand nine hundred acres, as generally depicted

16 on a map entitled ‘‘Newberry Mountains Wilder17 ness—Proposed’’, and which shall be known as the

18 Newberry Mountains Wilderness.

19 (42) Certain lands in the California Desert

20 Conservation Area, of the Bureau of Land Manage21 ment, which comprise approximately one hundred

22 ten thousand eight hundred and eighty acres, as

23 generally depicted on a map entitled ‘‘Nopah Range

24 Wilderness—Proposed’’, dated May 1991, and which

25 shall be known as the Nopah Range Wilderness.
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1 (43) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately thirty-two thou4 sand two hundred and forty acres, as generally de5 picted on a map entitled ‘‘North Algodones Dunes

6 Wilderness—Proposed’’, dated October 1991, and

7 which shall be known as the North Algodones Dunes

8 Wilderness.

9 (44) Certain lands in the California Desert

10 Conservation Area, of the Bureau of Land Manage11 ment, which comprise approximately twenty-five

12 thousand five hundred and forty acres, as generally

13 depicted on a map entitled ‘‘North Mesquite Moun14 tains Wilderness—Proposed’’, dated May 1991, and

15 which shall be known as the North Mesquite Moun16 tains Wilderness.

17 (45) Certain lands in the California Desert

18 Conservation Area, of the Bureau of Land Manage19 ment, which comprise approximately one hundred

20 forty-six thousand and seventy acres, as generally

21 depicted on a map entitled ‘‘Old Woman Mountains

22 Wilderness—Proposed 1’’, dated May 1991 and a

23 map entitled ‘‘Old Woman Mountains Wilderness—

24 Proposed 2’’, dated October 1991, and which shall

25 be known as the Old Woman Mountains Wilderness.
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1 (46) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately forty thousand

4 seven hundred and seventy acres, as generally de5 picted on a map entitled ‘‘Orocopia Mountains Wil6 derness—Proposed’’, dated July 1992, and which

7 shall be known as the Orocopia Mountains Wilder8 ness.

9 (47) Certain lands in the California Desert

10 Conservation Area and the Bakersfield District, of

11 the Bureau of Land Management, which comprise

12 approximately seventy-four thousand six hundred

13 and forty acres, as generally depicted on a map enti14 tled ‘‘Owens Peak Wilderness—Proposed 1’’, dated

15 February 1986, and two maps entitled ‘‘Owens Peak

16 Wilderness—Proposed 2’’ and ‘‘Owens Peak Wilder17 ness—Proposed 3’’, dated May 1991, and which

18 shall be known as the Owens Peak Wilderness.

19 (48) Certain lands in the California Desert

20 Conservation Area, of the Bureau of Land Manage21 ment, which comprise approximately seventy-four

22 thousand eight hundred acres, as generally depicted

23 on a map entitled ‘‘Pahrump Valley Wilderness—

24 Proposed’’, and which shall be known as the

25 Pahrump Valley Wilderness.
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1 (49) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately two hundred

4 fourteen thousand one hundred and forty-nine acres,

5 as generally depicted on a map entitled ‘‘Palen/

6 McCoy Wilderness—Proposed 1’’, dated May 1991,

7 and a map entitled ‘‘Palen/McCoy Wilderness—Pro8 posed 2’’, dated February 1986, and which shall be

9 known as the Palen/McCoy Wilderness.

10 (50) Certain lands in the California Desert

11 Conservation Area, of the Bureau of Land Manage12 ment, which comprise approximately thirty-two thou13 sand three hundred and twenty acres, as generally

14 depicted on a map entitled ‘‘Palo Verde Mountains

15 Wilderness—Proposed’’, dated January 1987, and

16 which shall be known as the Palo Verde Mountains

17 Wilderness.

18 (51) Certain lands in the California Desert

19 Conservation Area, of the Bureau of Land Manage20 ment, which comprise approximately seven thousand

21 seven hundred acres, as generally depicted on a map

22 entitled ‘‘Picacho Peak Wilderness—Proposed’’,

23 dated May 1991, and which shall be known as the

24 Picacho Peak Wilderness.
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1 (52) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately seventy-two

4 thousand six hundred acres, as generally depicted on

5 a map entitled ‘‘Piper Mountain Wilderness—Pro6 posed’’, dated May 1991, and which shall be known

7 as the Piper Mountain Wilderness.

8 (53) Certain lands in the California Desert

9 Conservation Area, of the Bureau of Land Manage10 ment, which comprise approximately thirty-seven

11 thousand eight hundred acres, as generally depicted

12 on a map entitled ‘‘Piute Mountains Wilderness—

13 Proposed’’, dated October 1991, and which shall be

14 known as the Piute Mountains Wilderness.

15 (54) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately seventy-eight

18 thousand eight hundred and sixty-eight acres, as

19 generally depicted on a map entitled ‘‘Resting

20 Spring Range Wilderness—Proposed’’, dated May

21 1991, and which shall be known as the Resting

22 Spring Range Wilderness.

23 (55) Certain lands in the California Desert

24 Conservation Area, of the Bureau of Land Manage25 ment, which comprise approximately forty thousand
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1 eight hundred and twenty acres, as generally de2 picted on a map entitled ‘‘Rice Valley Wilderness—

3 Proposed’’, dated May 1991, and which shall be

4 known as the Rice Valley Wilderness.

5 (56) Certain lands in the California Desert

6 Conservation Area and the Yuma District, of the

7 Bureau of Land Management, which comprise ap8 proximately twenty-two thousand three hundred

9 eighty acres, as generally depicted on a map entitled

10 ‘‘Riverside Mountains Wilderness—Proposed’’, dated

11 May 1991, and which shall be known as the River12 side Mountains Wilderness.

13 (57) Certain lands in the California Desert

14 Conservation Area, of the Bureau of Land Manage15 ment, which comprise approximately twenty-seven

16 thousand seven hundred acres, as generally depicted

17 on a map entitled ‘‘Rodman Mountains Wilder18 ness—Proposed’’, dated January 1989, and which

19 shall be known as the Rodman Mountains Wilder20 ness.

21 (58) Certain lands in the California Desert

22 Conservation Area and the Bakersfield District, of

23 the Bureau of Land Management, which comprise

24 approximately fifty-one thousand nine hundred

25 acres, as generally depicted on two maps entitled
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1 ‘‘Sacatar Trail Wilderness—Proposed 1’’ and

2 ‘‘Sacatar Trail Wilderness—Proposed 2’’, dated May

3 1991, and which shall be known as the Sacatar Trail

4 Wilderness.

5 (59) Certain lands in the California Desert

6 Conservation Area, of the Bureau of Land Manage7 ment, which comprise approximately one thousand

8 eight hundred acres, as generally depicted on a map

9 entitled ‘‘Saddle Peak Hills Wilderness—Proposed’’,

10 dated May 1991, and which shall be known as the

11 Saddle Peak Hills Wilderness.

12 (60) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately thirty-three

15 thousand five hundred acres, as generally depicted

16 on a map entitled ‘‘San Gorgonio Wilderness Addi17 tions—Proposed’’, and which are hereby incor18 porated in, and which shall be deemed to be a part

19 of, the San Gorgonio Wilderness as designated by

20 Public Laws 88–577 and 98–425.

21 (61) Certain lands in the California Desert

22 Conservation Area, of the Bureau of Land Manage23 ment, which comprise approximately fifty-three thou24 sand two hundred and forty acres, as generally de25 picted on a map entitled ‘‘Santa Rosa Wilderness
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1 Additions—Proposed’’, dated May 1991, and which

2 are hereby incorporated in, and which shall be

3 deemed to be a part of, the Santa Rosa Wilderness

4 designated by Public Laws 98–425.

5 (62) Certain lands in the California Desert Dis6 trict, of the Bureau of Land Management, which

7 comprise approximately thirty-five thousand four

8 hundred acres, as generally depicted on a map enti9 tled ‘‘Sawtooth Mountains Wilderness—Proposed’’,

10 and which shall be known as the Sawtooth Moun11 tains Wilderness.

12 (63) Certain lands in the California Desert

13 Conservation Area, of the Bureau of Land Manage14 ment, which comprise approximately one hundred

15 seventy-four thousand eight hundred acres, as gen16 erally depicted on two maps entitled ‘‘Sheephole Val17 ley Wilderness—Proposed 1’’, dated October 1991,

18 and ‘‘Sheephole Valley Wilderness—Proposed 2’’,

19 dated February 1986, and which shall be known as

20 the Sheephole Valley Wilderness.

21 (64) Certain lands in the California Desert

22 Conservation Area, of the Bureau of Land Manage23 ment, which comprise approximately sixty-one thou24 sand six hundred and thirty acres, as generally de25 picted on a map entitled ‘‘South Algodones Dunes
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1 Wilderness—Proposed’’, dated January 1989, and

2 which shall be known as the South Algodones Dunes

3 Wilderness.

4 (65) Certain lands in the California Desert

5 Conservation Area, of the Bureau of Land Manage6 ment, which comprise approximately sixteen thou7 sand seven hundred and eighty acres, as generally

8 depicted on a map entitled ‘‘South Nopah Range

9 Wilderness—Proposed’’, and which shall be known

10 as the South Nopah Range Wilderness.

11 (66) Certain lands in the California Desert

12 Conservation Area, of the Bureau of Land Manage13 ment, which comprise approximately seven thou14 sands and fifty acres, as generally depicted on a

15 map entitled ‘‘Stateline Wilderness—Proposed’’,

16 dated May 1991, and which shall be known as the

17 Stateline Wilderness.

18 (67) Certain lands in the California Desert

19 Conservation Area, of the Bureau of Land Manage20 ment, which comprise approximately eighty-one

21 thousand six hundred acres, as generally depicted on

22 a map entitled ‘‘Stepladder Mountains Wilderness—

23 Proposed’’, and which shall be known as the Step24 ladder Mountains Wilderness.
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1 (68) Certain lands in the California Desert

2 Conservation Area, of the Bureau of Land Manage3 ment, which comprise approximately twenty-nine

4 thousand one hundred and eighty acres, as generally

5 depicted on a map entitled ‘‘Surprise Canyon Wil6 derness—Proposed’’, dated September 1991, and

7 which shall be known as the Surprise Canyon Wil8 derness.

9 (69) Certain lands in the California Desert

10 Conservation Area, of the Bureau of Land Manage11 ment, which comprise approximately seventeen thou12 sand eight hundred and twenty acres, as generally

13 depicted on a map entitled ‘‘Sylvania Mountains

14 Wilderness—Proposed’’, and which shall be known

15 as the Sylvania Mountains Wilderness.

16 (70) Certain lands in the California Desert

17 Conservation Area, of the Bureau of Land Manage18 ment, which comprise approximately thirty-three

19 thousand seven hundred and twenty acres, as gen20 erally depicted on a map entitled ‘‘Trilobite Wilder21 ness—Proposed’’, dated May 1991, and which shall

22 be known as the Trilobite Wilderness.

23 (71) Certain lands in the California Desert

24 Conservation Area, of the Bureau of Land Manage25 ment, which comprise approximately one hundred
28

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1 forty-four thousand five hundred acres, as generally

2 depicted on a map entitled ‘‘Turtle Mountains Wil3 derness—Proposed 1’’, dated February 1986 and a

4 map entitled ‘‘Turtle Mountains Wilderness—Pro5 posed 2’’, dated May 1991, and which shall be

6 known as the Turtle Mountains Wilderness.

7 (72) Certain lands in the California Desert

8 Conservation Area and the Yuma District, of the

9 Bureau of Land Management, which comprise ap10 proximately seventy-five thousand three hundred

11 acres, as generally depicted on a map entitled

12 ‘‘Whipple Mountains Wilderness—Proposed’’, dated

13 May 1991, and which shall be known as the Whipple

14 Mountains Wilderness.

15 (73) Certain lands in the California Desert

16 Conservation Area, of the Bureau of Land Manage17 ment, which comprise approximately forty-six thou18 sand and seventy acres, as generally depicted on a

19 map entitled ‘‘Avawatz Mountains Wilderness—Pro20 posed’’, dated July 1992, and which shall be known

21 as the Avawatz Mountains Wilderness.

22 (74) Certain lands in the California Desert

23 Conservation Area, of the Bureau of Land Manage24 ment, which comprise fifty-five thousand five hun25 dred and sixty acres, as generally depicted on a map
29

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1 entitled ‘‘Soda Mountains Wilderness—Proposed’’,

2 dated July 1992, and which shall be known as the

3 Soda Mountain Wilderness.’’

4 ADMINISTRATION OF WILDERNESS AREAS

5 SEC. 103. Subject to valid existing rights, each wil6 derness area designated under section 102 shall be admin7 istered by the appropriate Secretary in accordance with

8 the provisions of the Wilderness Act, except that any ref9 erence in such provisions to the effective date of the Wil10 derness Act shall be deemed to be a reference to the effec11 tive date of this title and any reference to the Secretary

12 of Agriculture shall be deemed to be a reference to the

13 Secretary who has administrative jurisdiction over the

14 area.

15 GRAZING

16 SEC. 104. Within the wilderness areas designated

17 under section 102, the grazing of livestock, where estab18 lished prior to the enactment of this Act, shall be per19 mitted to continue subject to such reasonable regulations,

20 policies, and practices as the Secretary deems necessary,

21 as long as such regulations, policies, and practices fully

22 conform with and implement the intent of Congress re23 garding grazing in such areas as such intent is expressed

24 in the Wilderness Act and section 108 of Public Law 96–

25 560 (16 U.S.C. 133 note).
30

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1 BUFFER ZONES

2 SEC. 105. The Congress does not intent for the des3 ignation of wilderness areas in section 102 of this Act to

4 lead to the creation of protective perimeters or buffer

5 zones around any such wilderness area. The fact that

6 nonwilderness activities or uses can be seen or heard from

7 areas within a wilderness shall not, of itself, preclude such

8 activities or uses up to the boundary of the wilderness

9 area.

10 MINING CLAIM VALIDITY REVIEW

11 SEC. 106. The Secretary of the Interior and the Sec12 retary of Agriculture shall not approve any plan of oper13 ation prior to determining the validity of the unpatented

14 mining claims, mill sites, and tunnel sites affected by such

15 plan within any wilderness area designated under section

16 102.

17 FILING OF MAPS AND DESCRIPTIONS

18 SEC. 107. As soon as practicable after enactment of

19 section 102, a map and a legal description on each wilder20 ness area designated under this title shall be filed by the

21 Secretary concerned with the Committee on Energy and

22 Natural Resources of the Senate and the Committee on

23 Natural Resources of the House of Representatives, and

24 each such map and description shall have the same force

25 and effect as if included in this title, except that the Sec26 retary may correct clerical and typographical errors in
31

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1 each such legal description and map. Each such map and

2 legal description shall be on file and available for public

3 inspection in the office of the Director of the Bureau of

4 Land Management, Department of the Interior, or the

5 Chief of the Forest Service, Department of Agriculture,

6 as is appropriate.

7 WILDERNESS REVIEW

8 SEC. 108. The Congress hereby finds and directs that

9 lands in the California Desert Conservation Area, of the

10 Bureau of Land Management, not designated as wilder11 ness or wilderness study areas by this Act have been ade12 quately studied for wilderness designation pursuant to sec13 tion 603 of the Federal Land Policy and Management Act

14 of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are

15 no longer subject to the requirement of section 603(c) of

16 the Federal Land Policy and Management Act of 1976

17 pertaining to the management of wilderness study areas

18 in a manner that does not impair the suitability of such

19 areas for preservation as wilderness.

20 DESIGNATION OF WILDERNESS STUDY AREA

21 SEC. 109. In furtherance of the provisions of the Wil22 derness Act, certain lands in the California Desert Con23 servation Area of the Bureau of Land Management which

24 comprise eleven thousand two hundred acres as generally

25 depicted on a map entitled ‘‘White Mountains Wilderness

26 Study Area—Proposed’’, dated May 1991, are hereby des-
32

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1 ignated the White Mountains Wilderness Study Area and

2 shall be administered by the Secretary in accordance with

3 the provisions of section 603(c) of the Federal Land Policy

4 and Management Act of 1976.

5 SUITABILITY REPORT

6 SEC. 110. The Secretary is required, ten years after

7 the date of enactment of this Act, to report to Congress

8 on current and planned exploration, development or min9 ing activities on, and suitability for future wilderness des10 ignation of, the lands as generally depicted on maps enti11 tled ‘‘Surprise Canyon Wilderness—Proposed’’, ‘‘Middle

12 Park Canyon Wilderness—Proposed’’, and ‘‘Death Valley

13 National Park Boundary and Wilderness 15’’, dated Sep14 tember 1991 and a map entitled ‘‘Manly Peak Wilder15 ness—Proposed’’, dated October 1991.

16 WILDERNESS DESIGNATION AND MANAGEMENT IN THE

17 NATIONAL WILDLIFE REFUGE SYSTEM

18 SEC. 111. (a) In furtherance of the purposes of the

19 Wilderness Act, the following lands are hereby designated

20 as wilderness and therefore, as components of the Na21 tional Wilderness Preservation System:

22 (1) Certain lands in the Havasu National Wild23 life Refuge, California, which comprise approxi24 mately three thousand one hundred and ninety-five

25 acres, as generally depicted on a map entitled

26 ‘‘Havasu Wilderness—Proposed’’, and dated October
33

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1 1991, and which shall be known as the Havasu Wil2 derness.

3 (2) Certain lands in the Imperial National

4 Wildlife Refuge, California, which comprise approxi5 mately five thousand eight hundred and thirty-six

6 acres, as generally depicted on two maps entitled

7 ‘‘Imperial Refuge Wilderness—Proposed 1’’ and

8 ‘‘Imperial Refuge Wilderness—Proposed 2’’, and

9 dated October 1991, and which shall be known as

10 the Imperial Refuge Wilderness.

11 (b) Subject to valid existing rights, the wilderness

12 areas designated under this section shall be administered

13 by the Secretary in accordance with the provisions of the

14 Wilderness Act governing areas designated by that Act as

15 wilderness, except that any reference in such provisions

16 to the effective date of the Wilderness Act (or any similar

17 reference) shall be deemed to be a reference to the date

18 of enactment of this Act.

19 (c) As soon as practicable after enactment of this sec20 tion, the Secretary shall file a map and a legal description

21 of each wilderness area designated under this section with

22 the Committees on Energy and Natural Resources and

23 Environment and Public Works of the Senate and Natural

24 Resources and Merchant Marine and Fisheries of the

25 House of Representatives. Such map and description shall
34

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1 have the same force and effect as if included in this Act,

2 except that correction of clerical and typographical errors

3 in such legal description and map may be made. Such map

4 and legal description shall be on file and available for pub5 lic inspection in the Office of the Director, United States

6 Fish and Wildlife Service, Department of the Interior.

7 TITLE II—DEATH VALLEY NATIONAL PARK

8 FINDINGS

9 SEC. 201. The Congress hereby finds that—

10 (1) proclamations by Presidents Herbert Hoo11 ver in 1933 and Franklin Roosevelt in 1937 estab12 lished and expanded the Death Valley National

13 Monument for the preservation of the unusual fea14 tures of scenic, scientific, and educational interest

15 therein contained;

16 (2) Death Valley National Monument is today

17 recognized as a major unit of the National Park

18 System, having extraordinary values enjoyed by mil19 lions of visitors;

20 (3) the Monument boundaries established in the

21 1930’s exclude and thereby expose to incompatible

22 development and inconsistent management, contig23 uous Federal lands of essential and superlative natu24 ral, ecological, geological, archeological, paleontolog25 ical, cultural, historical and wilderness values;
35

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1 (4) Death Valley National Monument should be

2 substantially enlarged by the addition of all contig3 uous Federal lands of national park caliber and af4 forded full recognition and statutory protection as a

5 national park; and

6 (5) the wilderness within Death Valley should

7 receive maximum statutory protection by designation

8 pursuant to the Wilderness Act.

9 ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK

10 SEC. 202. There is hereby established the Death Val11 ley National Park, as generally depicted on 23 maps enti12 tled ‘‘Death Valley National Park Boundary and Wilder13 ness—Proposed’’, numbered in the title one through twen14 ty-three, and dated September 1991 or prior, which shall

15 be on file and available for public inspection in the offices

16 of the Superintendent of the Park and the Director of the

17 National Park Service, Department of the Interior. The

18 Death Valley National Monument is hereby abolished as

19 such, the lands and interests therein are hereby incor20 porated within and made part of the new Death Valley

21 National Park, and any funds available for purposes of

22 the monument shall be available for purposes of the park.

23 TRANSFER AND ADMINISTRATION OF LANDS

24 SEC. 203. Upon enactment of this title, the Secretary

25 shall transfer the lands under the jurisdiction of the Bu26 reau of Land Management depicted on the maps described
36

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1 in section 202 of this title, without consideration, to the

2 administrative jurisdiction of the Director of the National

3 Park Service for administration as part of the National

4 Park System. The boundaries of the public lands and the

5 national parks shall be adjusted accordingly. The Sec6 retary shall administer the areas added to the National

7 Park System by this title in accordance with the provisions

8 of law generally applicable to units of the National Park

9 System, including the Act entitled ‘‘An Act to establish

10 a National Park Service, and for other purposes’’, ap11 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4).

12 MAPS AND LEGAL DESCRIPTION

13 SEC. 204. Within six months after the enactment of

14 this title, the Secretary shall file maps and a legal descrip15 tion of the park designated under this title with the En16 ergy and Natural Resources Committee of the Senate and

17 the Natural Resources Committee of the House of Rep18 resentatives. Such maps and legal description shall have

19 the same force and effect as if included in this title, except

20 that the Secretary may correct clerical and typographical

21 errors in such legal description and in the maps referred

22 to in section 202. The maps and legal description shall

23 be on file and available for public inspection in the offices

24 of the Superintendent of the Park and the Director of the

25 National Park Service, Department of the Interior.
37

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1 DISPOSITION UNDER MINING LAWS

2 SEC. 205. Subject to valid existing rights, the Federal

3 lands and interests therein added to the National Park

4 System by this title are withdrawn from disposition under

5 the public land laws and from entry or appropriation

6 under the mining laws of the United States, from the oper7 ation of the mineral leasing laws of the United States, and

8 from operation of the Geothermal Steam Act of 1970.

9 STUDY AS TO VALIDITY OF MINING CLAIMS

10 SEC. 206. The Secretary shall not approve any plan

11 of operation prior to determining the validity of the

12 unpatented mining claims, mill sites, and tunnel sites af13 fected by such plan within the additions to the park and

14 shall submit to Congress recommendations as to whether

15 any valid or patented claims should be acquired by the

16 United States, including the estimated acquisition costs of

17 such claims, and a discussion of the environmental con18 sequences of the extraction of minerals from these lands.

19 GRAZING

20 SEC. 207. The privilege of grazing domestic livestock

21 on lands within the park may continue to be exercised at

22 no more than the current level, subject to applicable laws

23 and National Park Service regulations, by those persons

24 holding permits for such grazing on July 1, 1991. Upon

25 the expiration of such permits the Secretary, acting

26 through the Director of the National Park Service, may
38

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1 issue to such persons new permits for such grazing, sub2 ject to applicable laws and National Park Service regula3 tions, but all grazing of such livestock on such lands shall

4 cease on July 1, 2016. Further, if such a permittee in5 forms the Secretary that such permittee is willing to con6 vey to the United States any base property with respect

7 to which the permit was issued and to which such permit8 tee holds title, the Secretary shall make the acquisition

9 of such base property a priority as compared with the ac10 quisition of other lands within the park, provided agree11 ment can be reached concerning the terms and conditions

12 of such acquisition. Any such base property which is lo13 cated outside the park and acquired as a priority pursuant

14 to this section shall be managed by the Federal agency

15 responsible for the majority of the adjacent lands in ac16 cordance with the laws applicable to such adjacent lands.

17 TITLE III—JOSHUA TREE NATIONAL PARK

18 FINDINGS

19 SEC. 301. The Congress hereby finds that—

20 (1) a proclamation by President Franklin Roo21 sevelt in 1936 established Joshua Tree National

22 Monument to protect various objects of historical

23 and scientific interest;

24 (2) Joshua Tree National Monument today is

25 recognized as a major unit of the National Park
39

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1 System, having extraordinary values enjoyed by mil2 lions of visitors;

3 (3) the Monument boundaries as modified in

4 1950 and 1961 exclude and thereby expose to in5 compatible development and inconsistent manage6 ment, contiguous Federal lands of essential and su7 perlative natural, ecological, archeological, paleon8 tological, cultural, historical and wilderness values;

9 (4) Joshua Tree National Monument should be

10 enlarged by the addition of contiguous Federal lands

11 of national park caliber, and afforded full recogni12 tion and statutory protection as a national park; and

13 (5) the nondesignated wilderness within Joshua

14 Tree should receive statutory protection by designa15 tion pursuant to the Wilderness Act.

16 ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK

17 SEC. 302. There is hereby established the Joshua

18 Tree National Park, as generally depicted on a map enti19 tled ‘‘Joshua Tree National Park Boundary—Proposed’’,

20 dated May 1991, and four maps entitled ‘‘Joshua Tree

21 National Park Boundary and Wilderness’’, numbered in

22 the title one through four, and dated October 1991 or

23 prior, which shall be on file and available for public inspec24 tion in the offices of the Superintendent of the Park and

25 the Director of the National Park Service, Department of

26 the Interior. The Joshua Tree National Monument is here-
40

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1 by abolished as such, the lands and interests therein are

2 hereby incorporated within and made part of the new

3 Joshua Tree National Park, and any funds available for

4 purposes of the monument shall be available for purposes

5 of the park.

6 TRANSFER AND ADMINISTRATION OF LANDS

7 SEC. 303. Upon enactment of this title, the Secretary

8 shall transfer the lands under the jurisdiction of the Bu9 reau of Land Management depicted on the maps described

10 in section 302 of this title, without consideration, to the

11 administrative jurisdiction of the Director of the National

12 Park Service for administration as part of the National

13 Park System. The boundaries of the public lands and the

14 national parks shall be adjusted accordingly. The Sec15 retary shall administer the areas added to the National

16 Park System by this title in accordance with the provisions

17 of law generally applicable to units of the National Park

18 System, including the Act entitled ‘‘An Act to establish

19 a National Park Service, and for other purposes’’, ap20 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4).

21 MAPS AND LEGAL DESCRIPTION

22 SEC. 304. Within six months after the enactment of

23 this title, the Secretary shall file maps and legal descrip24 tion of the park designated by this title with the Energy

25 and Natural Resources Committee of the Senate and the

26 Natural Resources Committee of the House of Represent-
41

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1 atives. Such maps and legal description shall have the

2 same force and effect as if included in this title, except

3 that the Secretary may correct clerical and typographical

4 errors in such legal description and in the maps referred

5 to in section 302. The maps and legal description shall

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

7 of the Superintendent of the Park and the Director of the

8 National Park Service, Department of the Interior.

9 DISPOSITION UNDER MINING LAWS

10 SEC. 305. Subject to valid existing rights, Federal

11 lands and interests therein added to the National Park

12 System by this title are withdrawn from disposition under

13 the public lands laws and from entry or appropriation

14 under the mining laws of the United States, from the oper15 ation of the mineral leasing laws of the United States, and

16 from the operation of the Geothermal Steam Act of 1970.

17 UTILITY RIGHTS-OF-WAY

18 SEC. 306. Nothing in this title shall have the effect

19 of terminating any validly issued right-of-way or cus20 tomary operation maintenance, repair, and replacement

21 activities in such right-of-way, issued, granted, or per22 mitted to the Metropolitan Water District pursuant to the

23 Boulder Canyon Project Act (43 U.S.C. 617–619b), which

24 is located on lands included in the Joshua Tree National

25 Park, but outside lands designated as wilderness under

26 section 501(2). Such activities shall be conducted in a
42

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1 manner which will minimize the impact on park resources.

2 Nothing in this title shall have the effect of terminating

3 the fee title to lands or customary operation, maintenance,

4 repair, and replacement activities on or under such lands

5 granted to the Metropolitan Water District pursuant to

6 the Act on June 18, 1932 (47 Stat. 324), which are lo7 cated on lands included in the Joshua Tree National Park,

8 but outside lands designated as wilderness under section

9 501(2). Such activities shall be conducted in a manner

10 which will minimize the impact on park resources. The

11 Secretary shall prepare within 180 days after the date of

12 enactment of this Act, in consultation with the Metropoli13 tan Water District, plans for emergency access by the

14 Metropolitan Water District to its lands and rights-of-way.

15 STUDY AS TO VALIDITY OF MINING CLAIMS

16 SEC. 307. The Secretary shall not approve any plan

17 of operation prior to determining the validity of the

18 unpatented mining claims, mill sites, and tunnel sites af19 fected by such plan within the park and shall submit to

20 Congress recommendations as to whether any valid or pat21 ented claims should be acquired by the United States, in22 cluding the estimated acquisition costs of such claims, and

23 a discussion of the environmental consequences of the ex24 traction of minerals from these lands.
43

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1 TITLE IV—MOJAVE NATIONAL PARK

2 FINDINGS

3 SEC. 401. The Congress hereby finds that—

4 (1) Death Valley and Joshua Tree National

5 Parks, as established by this Act, protect unique and

6 superlative desert resources, but do not embrace the

7 particular ecosystems and transitional desert type

8 found in the Mojave Desert area lying between them

9 on public lands now afforded only impermanent ad10 ministrative designation as a national scenic area;

11 (2) the Mojave Desert area possesses outstand12 ing natural, cultural, historical, and recreational val13 ues meriting statutory designation and recognition

14 as a unit of the National Park System;

15 (3) the Mojave Desert area should be afforded

16 full recognition and statutory protection as a na17 tional park;

18 (4) the wilderness within the Mojave Desert

19 should receive maximum statutory protection by des20 ignation pursuant to the Wilderness Act; and

21 (5) the Mojave Desert area provides an out22 standing opportunity to develop services, programs,

23 accommodations and facilities to ensure the use and

24 enjoyment of the area by individuals with disabil25 ities, consistent with section 504 of the Rehabilita-
44

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1 tion Act of 1973, Public Law 101–336, the Ameri2 cans With Disabilities Act of 1990 (42 U.S.C.

3 12101), and other appropriate laws and regulations.

4 ESTABLISHMENT OF THE MOJAVE NATIONAL PARK

5 SEC. 402. There is hereby established the Mojave Na6 tional Park, comprising approximately one million four

7 hundred and sixty thousand acres, as generally depicted

8 on a map entitled ‘‘Mojave National Park Boundary—

9 Proposed’’, dated July 1992, and ten maps entitled ‘‘Mo10 jave National Park Boundary and Wilderness—Pro11 posed’’, numbered in the title one through ten, and dated

12 July 1992 or prior, which shall be on file and available

13 for inspection in the offices of the Director of the National

14 Park Service, Department of the Interior.

15 TRANSFER OF LANDS

16 SEC. 403. Upon enactment of this title, the Secretary

17 shall transfer the lands under the jurisdiction of the Bu18 reau of Land Management depicted on the maps described

19 in section 402 of this title, without consideration, to the

20 administrative jurisdiction of the Director of the National

21 Park Service. The boundaries of the public lands shall be

22 adjusted accordingly.

23 MAPS AND LEGAL DESCRIPTION

24 SEC. 404. Within six months after the enactment of

25 this title, the Secretary shall file maps and a legal descrip26 tion of the park designated under this title with the En-
45

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1 ergy and Natural Resources Committee of the Senate and

2 the Natural Resources Committee of the House of Rep3 resentatives. Such maps and legal description shall have

4 the same force and effect as if included in this title, except

5 that the Secretary may correct clerical and typographical

6 errors in such legal description and in the maps referred

7 to in section 402. The maps and legal description shall

8 be on file and available for public inspection in the offices

9 of the National Park Service, Department of the Interior.

10 ABOLISHMENT OF SCENIC AREA

11 SEC. 405. The East Mojave Scenic Area, designated

12 on January 13, 1981 (46 FR 3994), and modified on Au13 gust 9, 1983 (48 FR 36210), is hereby abolished.

14 ADMINISTRATION OF LANDS

15 SEC. 406. The Secretary shall administer the park

16 in accordance with this title and with the provisions of

17 law generally applicable to units of the National Park Sys18 tem, including the Act entitled ‘‘An Act to establish a Na19 tional Park Service, and for other purposes’’, approved

20 August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4).

21 DISPOSITION UNDER MINING LAWS

22 SEC. 407. Subject to valid existing rights, Federal

23 lands within the park, and interests therein, are with24 drawn from disposition under the public land laws and

25 from entry or appropriation under the mining laws of the

26 United States, from the operation of the mineral leasing
46

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1 laws of the United States, and from operation of the Geo2 thermal Steam Act of 1970.

3 STUDY AS TO VALIDITY OF MINING CLAIMS

4 SEC. 408. The Secretary shall not approve any plan

5 of operation prior to determining the validity of the

6 unpatented mining claims, mill sites, and tunnel sites af7 fected by such plan within the park and shall submit to

8 Congress recommendations as to whether any valid or pat9 ented claims should be acquired by the United States, in10 cluding the estimated acquisition costs of such claims, and

11 a discussion of the environmental consequences of the ex12 traction of minerals from these lands.

13 REGULATION OF MINING

14 SEC. 409. Subject to valid existing rights, all mining

15 claims located within the park shall be subject to such rea16 sonable regulations as the Secretary may prescribe to as17 sure that mining will, to the maximum extent practicable,

18 be consistent with the protection of the scenic, scientific,

19 cultural and other resources of the park, and any patent

20 which may be issued after the date of enactment of this

21 title shall convey title only to the minerals together with

22 the right to use the surface of lands for mining purposes

23 subject to such reasonable regulations.

24 GRAZING

25 SEC. 410. The privilege of grazing domestic livestock

26 on lands within the park may continue to be exercised at
47

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1 no more than the current level, subject to applicable laws

2 and National Park Service regulations, by those persons

3 holding permits for such grazing on July 1, 1991. Upon

4 the expiration of such permits the Secretary, acting

5 through the Director of the National Park Service, may

6 issue to such persons new permits for such grazing, sub7 ject to applicable laws and National Park Service regula8 tions, but all grazing of such livestock on such lands shall

9 cease on July 1, 2016. Further, if such a permittee in10 forms the Secretary that such permittee is willing to con11 vey to the United States any base property with respect

12 to which the permit was issued and to which such permit13 tee holds title, the Secretary shall make the acquisition

14 of such base property a priority as compared with the ac15 quisition of other lands within the park, provided agree16 ment can be reached concerning the terms and conditions

17 of such acquisition. Any such base property which is lo18 cated outside the park and acquired as a priority pursuant

19 to this section shall be managed by the Federal agency

20 responsible for the majority of the adjacent lands in ac21 cordance with the laws applicable to such adjacent lands.

22 UTILITY RIGHTS OF WAY

23 SEC. 411. (a)(1) Nothing in this title shall have the

24 effect of terminating any validly issued right-of-way or

25 customary operation, maintenance, repair, and replace26 ment activities in such right-of-way, issued, granted, or
48

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1 permitted to Southern California Edison Company, which

2 is located on lands included in the Mojave National Park,

3 but outside lands designated as wilderness under section

4 501(3). Such activities shall be conducted in a manner

5 which will minimize the impact on park resources.

6 (2) Nothing in this title shall have the effect of

7 prohibiting the upgrading of an existing electrical

8 transmission line for the purpose of increasing the

9 capacity of such transmission line in the Southern

10 California Edison Company validly issued Eldorado11 Lugo Transmission Line right-of-way and Mojave12 Lugo Transmission Line right-of-way, or in a right13 of-way if issued, granted, or permitted by the Sec14 retary adjacent to the existing Mojave-Lugo Trans15 mission Line right-of-way (hereafter in this section

16 referred to as ‘‘adjacent right-of-way’’), including

17 construction of a replacement transmission line: Pro18 vided, That—

19 (A) in the Eldorado-Lugo Transmission

20 Line rights-of-way (hereafter in this section re21 ferred to as the ‘‘Eldorado rights-of-way’’) at

22 no time shall there be more than 3 electrical

23 transmission lines,

24 (B) in the Mojave-Lugo Transmission Line

25 right-of-way (hereafter in this section referred
49

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1 to as the ‘‘Mojave right-of-way’’) and adjacent

2 right-of-way, removal of the existing electrical

3 transmission line and reclamation of the site

4 shall be completed no later than three years

5 after the date on which construction of the up6 graded transmission line begins, after which

7 time there may be only one electrical trans8 mission line in the lands encompassed by Mo9 jave right-of-way and adjacent right-of-way,

10 (C) if there are no more than two electrical

11 transmission lines in the Eldorado rights-of12 way, two electrical transmission lines in the

13 lands encompassed by the Mojave right-of-way

14 and adjacent right-of-way may be allowed,

15 (D) in the Eldorado rights-of-way and Mo16 jave right-of-way no additional land shall be is17 sued, granted, or permitted for such upgrade

18 unless an addition would reduce the impacts to

19 park resources,

20 (E) no more than 350 feet of additional

21 land shall be issued, granted, or permitted for

22 an adjacent right-of-way to the south of the

23 Mojave right-of-way unless a greater addition

24 would reduce the impacts to park resources,

25 and
50

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1 (F) such upgrade activities, including heli2 copter aided construction, shall be conducted in

3 a manner which will minimize the impact on

4 park resources.

5 (3) The Secretary shall prepare within 180 days

6 after the date of enactment of this Act, in consulta7 tion with the Southern California Edison Company,

8 plans for emergency access by the Southern Califor9 nia Edison Company to its rights-of-way.

10 (b) Nothing in this title shall have the effect of termi11 nating any validly issued right-of-way, or customary oper12 ation, maintenance, repair, and replacement activities in

13 such right-of-way; prohibiting the upgrading of and con14 struction on existing facilities in such right-of-way for the

15 purpose of increasing the capacity of the existing pipeline;

16 or prohibiting the renewal of such right-of-way; issued,

17 granted, or permitted to the Southern California Gas

18 Company, which is located on lands included in the Mojave

19 National Park, but outside lands designated as wilderness

20 under section 501(3). Such activities shall be conducted

21 in a manner which will minimize the impact on park re22 sources.

23 (c) Nothing in this title shall have the effect of termi24 nating any validly issued right-of-way or customary oper25 ation, maintenance, repair, and replacement activities of
51

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1 existing facilities issued, granted, or permitted for commu2 nications cables or lines, which are located on lands in3 cluded in the Mojave National Park, but outside lands des4 ignated as wilderness under section 501(3). Such activities

5 shall be conducted in a manner which will minimize the

6 impact on park resources.

7 PREPARATION OF MANAGEMENT PLAN

8 SEC. 412. Within three years of the date of enact9 ment of this title, the Secretary shall submit to the Energy

10 and Natural Resources Committee of the Senate and the

11 Natural Resources Committee of the House of Represent12 atives a detailed and comprehensive management plan for

13 the park. Such plan shall place emphasis on historical and

14 cultural sites and ecological and wilderness values within

15 the boundaries of the park. Any development, including

16 road improvements, proposed by such plan shall be strictly

17 limited to that which is essential and appropriate for the

18 administration of the park and shall be designed and lo19 cated so as to maintain its primitive nature of the area

20 and to minimize the impairment of park resources or eco21 logical values. To the extent practicable, administrative fa22 cilities, employee housing, commercial visitor services, ac23 commodations, and other park-related development shall

24 be located or provided for outside of the boundaries of the

25 park. Such plan shall evaluate the feasibility of using the

26 Kelso Depot and existing railroad corridor to provide pub-
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1 lic access to and a facility for special interpretive, edu2 cational, and scientific programs within the park. Such

3 plan shall specifically address the needs of individuals with

4 disabilities in the design of services, programs, accom5 modations and facilities consistent with section 504 of the

6 Rehabilitation Act of 1973, Public Law 101–336, the

7 Americans with Disabilities Act of 1990 (42 U.S.C.

8 12101), and other appropriate laws and regulations.

9 GRANITE MOUNTAINS NATURAL RESERVE

10 SEC. 413. (a) There is hereby designated the Granite

11 Mountains Natural Reserve within the park comprising

12 approximately nine thousand acres as generally depicted

13 on a map entitled ‘‘Mojave National Park Boundary and

14 Wilderness—Proposed 6’’, dated May 1991.

15 (b) Upon enactment of this title, the Secretary of the

16 Interior shall enter into a cooperative management agree17 ment with the University of California for the purposes

18 of managing the lands within the Granite Mountains Nat19 ural Reserve. Such cooperative agreement shall ensure

20 continuation of arid lands research and educational activi21 ties of the University of California, consistent with the

22 provisions of law generally applicable to units of the Na23 tional Park System.

24 SODA SPRINGS DESERT STUDY CENTER

25 SEC. 414. Upon enactment of this title, the Secretary

26 shall enter into a cooperative management agreement with
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1 California State University for the purposes of managing

2 facilities at the Soda Springs Desert Study Center. Such

3 cooperative agreement shall ensure continuation of the

4 desert research and educational activities of California

5 State University, consistent with the provisions of law gen6 erally applicable to units of the National Park System.

7 CONSTRUCTION OF VISITOR CENTER

8 SEC. 415. The Secretary is authorized to construct

9 a visitor center in the park for the purpose of providing

10 information through appropriate displays, printed mate11 rial, and other interpretive programs, about the resources

12 of the park.

13 ACQUISITION OF LANDS

14 SEC. 416. The Secretary is authorized to acquire all

15 lands and interest in lands within the boundary of the

16 park by donation, purchase, or exchange, except that—

17 (1) any lands or interests therein within the

18 boundary of the park which are owned by the State

19 of California, or any political subdivision thereof,

20 may be acquired only by donation or exchange ex21 cept for lands managed by California State Lands

22 Commission; and

23 (2) lands or interests therein within the bound24 ary of the park which are not owned by the State

25 of California or any political subdivision thereof may

26 be acquired only with the consent of the owner
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1 thereof unless the Secretary determines, after writ2 ten notice to the owner and after opportunity for

3 comment, that the property is being developed, or

4 proposed to be developed, in a manner which is det5 rimental to the integrity of the park or which is oth6 erwise incompatible with the purposes of this title.

7 SUITABILITY REPORT

8 SEC. 417. The Secretary is required, twenty years

9 after the date of enactment of this Act, to report to Con10 gress on current and planned exploration, development or

11 mining activities on, and suitability for future park des12 ignation of, the lands as generally depicted on a map enti13 tled ‘‘Mojave National Park Study Area—Proposed’’,

14 dated July 1992.

15 TITLE V—NATIONAL PARK WILDERNESS

16 DESIGNATION OF WILDERNESS

17 SEC. 501. The following lands are hereby designated

18 as wilderness in accordance with the Wilderness Act (78

19 Stat. 890; 16 U.S.C. 1131 et seq.) and shall be adminis20 tered by the Secretary of the Interior in accordance with

21 the applicable provisions of the Wilderness Act:

22 (1) Death Valley National Park Wilderness,

23 comprising approximately three million one hundred

24 eighty-three thousand four hundred and thirty-eight

25 acres, as generally depicted on 23 maps entitled

26 ‘‘Death Valley National Park Boundary and Wilder-
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1 ness’’, numbered in the title one through twenty2 three, and dated September 1991 or prior, and three

3 maps entitled ‘‘Death Valley National Park Wilder4 ness’’, numbered in the title one through three, and

5 dated May 1991 or prior, and which shall be known

6 as the Death Valley Wilderness;

7 (2) Joshua Tree National Park Wilderness Ad8 ditions, comprising approximately one hundred thir9 ty-one thousand seven hundred and eighty acres, as

10 generally depicted on four maps entitled ‘‘Joshua

11 Tree National Park Boundary and Wilderness—Pro12 posed’’, numbered in the title one through four, and

13 dated October 1991 or prior, and which are hereby

14 incorporated in, and which shall be deemed to be a

15 part of the Joshua Tree Wilderness as designated by

16 Public Law 94–567; and

17 (3) Mojave National Park Wilderness, compris18 ing approximately six hundred ninety-five thousand

19 fifty-six acres, as generally depicted on ten maps en20 titled ‘‘Mojave National Park Boundary and Wilder21 ness—Proposed’’, numbered in the title one through

22 ten, and dated October 1991 or prior, and seven

23 maps entitled ‘‘Mojave National Park Wilderness—

24 Proposed’’, numbered in the title one through seven,
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1 and dated October 1991 or prior, and which shall be

2 known as the Mojave Wilderness.

3 (4) Upon cessation of all uses prohibited by the

4 Wilderness Act and publication by the Secretary in

5 the Federal Register of notice of such cessation, po6 tential wilderness, comprising approximately six

7 thousand eight hundred and forty acres, as de8 scribed in ‘‘1988 Death Valley National Monument

9 Draft General Management Plan Draft Environ10 mental Impact Statement’’ (hereafter in this title re11 ferred to as ‘‘Draft Plan’’) and as generally depicted

12 on map in the Draft Plan entitled ‘‘Wilderness Plan

13 Death Valley National Monument’’, dated January

14 1988, and which shall be deemed to be a part of the

15 Death Valley Wilderness as designated in paragraph

16 (1). Lands identified in the Draft Plan as potential

17 wilderness shall be managed by the Secretary insofar

18 as practicable as wilderness until such time as said

19 lands are designated as wilderness.

20 FILING OF MAPS AND DESCRIPTIONS

21 SEC. 502. Maps and a legal description of the bound22 aries of the areas designated in section 501 of this title

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

24 Office of the Director of the National Park Service, De25 partment of the Interior, and in the Office of the Super26 intendent of each area designated in section 501. As soon
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1 as practicable after this title takes effect, maps of the wil2 derness areas and legal descriptions of their boundaries

3 shall be filed with the Committee on Energy and Natural

4 Resources of the Senate and the Committee on Natural

5 Resources of the House of Representatives, and such maps

6 and descriptions shall have the same force and effect as

7 if included in this title, except that the Secretary may cor8 rect clerical and typographical errors in such maps and

9 descriptions.

10 ADMINISTRATION OF WILDERNESS AREAS

11 SEC. 503. The areas designated by section 501 of this

12 title as wilderness shall be administered by the Secretary

13 in accordance with the applicable provisions of the Wilder14 ness Act governing areas designated by that title as wil15 derness, except that any reference in such provision to the

16 effective date of the Wilderness Act shall be deemed to

17 be a reference to the effective date of this title, and where

18 appropriate, and reference to the Secretary of Agriculture

19 shall be deemed to be a reference to the Secretary of the

20 Interior.

21 TITLE VI—MISCELLANEOUS PROVISIONS

22 TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK

23 SEC. 601. Upon enactment of this title, the Secretary

24 of the Interior shall transfer to the State of California cer25 tain lands within the California Desert Conservation Area,

26 California, of the Bureau of Land Management, compris-
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1 ing approximately twenty thousand five hundred acres, as

2 generally depicted on two maps entitled ‘‘Red Rock Can3 yon State Park Additions 1’’ and ‘‘Red Rock Canyon State

4 Park Additions 2’’, dated May 1991, for inclusion in the

5 State of California Park System. Should the State of Cali6 fornia cease to manage these lands as part of the State

7 Park System, ownership of the lands shall revert to the

8 Department of the Interior to be managed as part of the

9 California Desert Conservation Area to provide maximum

10 protection for the area’s scenic and scientific values.

11 DESERT LILY SANCTUARY

12 SEC. 602. (a) There is hereby established the Desert

13 Lily Sanctuary within the California Desert Conservation

14 Area, California, of the Bureau of Land Management,

15 comprising approximately two thousand forty acres, as

16 generally depicted on a map entitled ‘‘Desert Lily Sanc17 tuary’’, dated February 1986. The Secretary of the Inte18 rior shall administer the area to provide maximum protec19 tion to the desert lily.

20 (b) Subject to valid existing rights, Federal lands

21 within the sanctuary, interests therein, are withdrawn

22 from disposition under the public land laws and from

23 entry or appropriation under the mining laws of the

24 United States, from the operation of the mineral leasing

25 laws of the United States, and from operation of the Geo26 thermal Steam Act of 1970.
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1 LAND TENURE ADJUSTMENTS

2 SEC. 603. In preparing land tenure adjustment deci3 sions with the California Desert Conservation Area, of the

4 Bureau of Land Management, the Secretary shall give pri5 ority to consolidating Federal ownership within the na6 tional park units and wilderness areas designated by this

7 Act.

8 LAND DISPOSAL

9 SEC. 604. Notwithstanding any other provision of

10 law, the Secretary of the Interior and the Secretary of Ag11 riculture may not dispose of any lands within the bound12 aries of the wilderness or park designated under this Act

13 or grant a right-of-way in any lands within the boundaries

14 of the wilderness designated under this Act. Further, none

15 of the lands within the boundaries of the wilderness or

16 park designated under this Act shall be granted to or oth17 erwise made available for use by the Metropolitan Water

18 District and any other agencies or persons pursuant to

19 the Boulder Canyon Project Act (43 U.S.C. 617–619b)

20 or any similar acts.

21 MANAGEMENT OF NEWLY ACQUIRED LANDS

22 SEC. 605. Any lands within the boundaries of a wil23 derness area designated under this Act which are acquired

24 by the Federal government, shall become part of the wil25 derness area within which they are located and shall be
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1 managed in accordance with all the provisions of this Act

2 and other laws applicable to such wilderness area.

3 NATIVE AMERICAN USES

4 SEC. 606. In recognition of the past use of the parks

5 and wilderness areas designed under this Act by Indian

6 people for traditional cultural and religious purposes, the

7 Secretary shall ensure access to such parks and wilderness

8 areas by Indian people for such traditional cultural and

9 religious purposes. In implementing this section, the Sec10 retary, upon the request of an Indian tribe or Indian reli11 gious community, shall temporarily close to the general

12 public use of one or more specific portions of park or wil13 derness in order to protect the privacy of traditional cul14 tural and religious activities in such areas by Indian peo15 ple. Such access shall be consistent with the purpose and

16 intent of Public Law 95–341 (42 U.S.C. 1996) commonly

17 referred to as the ‘‘American Indian Religious Freedom

18 Act’’, and with respect to areas designated as wilderness,

19 the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).

20 WATER RIGHTS

21 SEC. 607. (a) With respect to each wilderness area

22 designated by this Act, Congress hereby reserves a quan23 tity of water sufficient to fulfill the purposes of this Act.

24 The priority date of such reserved water rights shall be

25 the date of enactment of this Act.
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1 (b) The Secretary of the Interior and all other offi2 cers of the United States shall take all steps necessary

3 to protect the rights reserved by this section, including the

4 filing by the Secretary of a claim for the quantification

5 of such rights in any present or future appropriate stream

6 adjudication in the courts of the State of California in

7 which the United States is or may be joined and which

8 is conducted in accordance with section 208 of the Act

9 of July 10, 1952 (66 Stat. 560, 44 U.S.C. 666; commonly

10 referred to as the McCarran Amendment).

11 (c) Nothing in this Act shall be construed as a relin12 quishment or reduction of any water rights reserved or

13 appropriated by the United States in the State of Califor14 nia on or before the date of enactment of this Act.

15 (d) The Federal water rights reserved by this Act are

16 specific to the wilderness areas located in the State of

17 California designated under this Act. Nothing in this Act

18 related to the reserved Federal water rights shall be con19 strued as establishing a precedent with regard to any fu20 ture designations, nor shall it constitute an interpretation

21 of any other Act or any designation made thereto.

22 AUTHORIZATION OF APPROPRIATIONS

23 SEC. 608. There are hereby authorized to be appro24 priated such sums as may be necessary to carry out the

25 purposes of this Act.
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1 STATE SCHOOL LANDS

2 SEC. 609. (a) Upon request of the California State

3 Lands Commission (hereinafter in this section referred to

4 as the ‘‘Commission’’), the Secretary shall enter into nego5 tiations for an agreement to exchange Federal lands or

6 interests therein on the list referred to in subsection (b)(2)

7 for California State School Lands (hereinafter in this sec8 tion referred to as ‘‘State School Lands’’) or interests

9 therein which are located within the boundaries of one or

10 more of the wilderness areas or park units designated by

11 this Act. The Secretary shall negotiate in good faith to

12 reach a land exchange agreement consistent with the re13 quirements of section 206 of the Federal Land Policy and

14 Management Act of 1976.

15 (b) Within six months after the date of enactment

16 of this Act, the Secretary shall send to the Commission

17 and to the Committees a list of the following:

18 (1) The State School Lands or interests therein

19 (including mineral interests) which are located with20 in the boundaries of the wilderness areas or park

21 units designated by this Act.

22 (2) Lands under the Secretary’s jurisdiction to

23 be offered for exchange, including in the following

24 priority:
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1 (A) Lands with mineral interests, including

2 geothermal, which have the potential for com3 mercial development but which are not cur4 rently under mineral lease or producing Federal

5 mineral revenues.

6 (B) Federal lands in California managed

7 by the Bureau of Reclamation that the Sec8 retary determines are not needed for any Bu9 reau of Reclamation project.

10 (C) Any public lands in California that the

11 Secretary, pursuant to the Federal Land Policy

12 and Management Act of 1976, has determined

13 to be suitable for disposal through exchange.

14 (c)(1) If an agreement under this section is for an

15 exchange involving five thousand acres or less of Federal

16 land or interests therein, or Federal lands valued at less

17 than $5,000,000, the Secretary may carry out the ex18 change in accordance with the Federal Land Policy and

19 Management Act of 1976.

20 (2) If an agreement under this section is for an ex21 change involving more than five thousand acres of Federal

22 land or interests therein, or Federal land valued at more

23 than $5,000,000, the agreement shall be submitted to the

24 Committees, together with a report containing—
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1 (A) a complete list and appraisal of the lands

2 or interests in lands proposed for exchange; and

3 (B) a determination that the State School

4 Lands proposed to be acquired by the United States

5 do not contain any hazardous waste, toxic waste, or

6 radioactive waste.

7 (d) An agreement submitted under subsection (c)(2)

8 shall not take effect unless approved by a joint resolution

9 enacted by the Congress.

10 (e) If exchanges of all the State School Lands are

11 not completed by October 1, 1996, the Secretary shall ad12 just the appraised value of any remaining inholdings con13 sistent with the provisions of section 206 of the Federal

14 Land Management Policy Act of 1976. The Secretary

15 shall establish an account in the name of the Commission

16 in the amount of such appraised value. Title to the State

17 School Lands shall be transferred to the United States

18 at the time such account is credited.

19 (f) The Commission may use the credit in its account

20 to bid, as any other bidder, for excess or surplus Federal

21 property to be sold in the State of California in accordance

22 with the applicable laws and regulations of the Federal

23 agency offering such property for sale. The account shall

24 be adjusted to reflect successful bids under this section

25 or payments or forfeited deposits, penalties, or other costs
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1 assessed to the bidder in the course of such sales. In the

2 event that the balance in the account has not been reduced

3 to zero by October 1, 2000, there are authorized to be

4 appropriated to the Secretary for payment to the Califor5 nia State Lands Commission funds equivalent to the bal6 ance remaining in the account as of October 1, 2000.

7 (g) As used in this section, the term ‘‘Committees’’

8 means the Committee on Natural Resources of the House

9 of Representatives and the Committee on Energy and

10 Natural Resources of the Senate.

11 EXCHANGES

12 SEC. 610. (a) Upon request of the Catellus Develop13 ment Corporation (hereafter in this section referred to as

14 ‘‘Catellus’’), the Secretary shall enter into negotiations for

15 an agreement or agreements to exchange Federal lands

16 or interests therein on the list referred to in subsection

17 (b)(2) of this section for lands of Catellus or interests

18 therein which are located within the boundaries of one or

19 more of the wilderness areas or park units designated by

20 this Act.

21 (b) Within six months after the date of enactment

22 of this Act, the Secretary shall send to Catellus and to

23 the Committees a list of the following:

24 (1) Lands of Catellus or interests therein (in25 cluding mineral interests) which are located within
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1 the boundaries of the wilderness areas or park units

2 designated by this Act.

3 (2) Lands, wherever located, under the Sec4 retary’s jurisdiction to be offered for exchange, in

5 the following priority:

6 (A) Lands, including lands with mineral

7 and geothermal interests, which have the poten8 tial for commercial development but which are

9 not currently under lease or producing Federal

10 revenues.

11 (B) Federal lands managed by the Bureau

12 of Reclamation that the Secretary determines

13 are not needed for any Bureau of Reclamation

14 project.

15 (C) Any public lands that the Secretary,

16 pursuant to the Federal Land Policy and Man17 agement Act of 1976, has determined to be

18 suitable for disposal through exchange.

19 (c)(1) If an agreement under this section is for (A)

20 an exchange involving lands outside the State of Califor21 nia, (B) more than five thousand acres of Federal land

22 or interests therein in California, or (C) Federal lands in

23 any State valued at more than $5,000,000, the Secretary

24 shall provide to the Committees a detailed report of such

25 land exchange agreements.
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1 (2) All land exchange agreements shall be consistent

2 with the Federal Land Policy and Management Act of

3 1976.

4 (3) Any report submitted to the Committees under

5 this subsection shall include the following:

6 (A) A complete list and appraisal of the lands

7 or interests in land proposed for exchange.

8 (B) A complete list of the lands, if any, to be

9 acquired by the United States which contain any

10 hazardous waste, toxic waste, or radioactive waste

11 which requires removal or remedial action under

12 Federal or State law, together with the estimated

13 costs of any such action.

14 (4) An agreement under this subsection shall not take

15 effect unless approved by a joint resolution enacted by the

16 Congress.

17 (d) The Secretary shall provide the California State

18 Lands Commission with a 180-day right of first refusal

19 to exchange for any Federal lands or interests therein, lo20 cated in the State of California, on the list referred to

21 in subsection (b)(2). Any lands with respect to which a

22 right of first refusal is not noticed within such period or

23 exercised under this subsection shall be available to

24 Catellus for exchange in accordance with this section.
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1 (e) On January 3, 1996, the Secretary shall provide

2 to the Committees a list and appraisal consistent with the

3 Federal Land Policy and Management Act of 1976 of all

4 Catellus lands eligible for exchange under this section for

5 which an exchange has not been completed. With respect

6 to any of such lands for which an exchange has not been

7 completed by October 1, 1996 (hereafter in this section

8 referred to as ‘‘remaining lands’’), the Secretary shall es9 tablish an account in the name of Catellus (hereafter in

10 this section referred to as the ‘‘exchange account’’). Upon

11 the transfer of title by Catellus to all or a portion of the

12 remaining lands to the United States, the Secretary shall

13 credit the exchange account in the amount of the ap14 praised value of the transferred remaining lands at the

15 time of such transfer.

16 (f) Catellus may use the credit in the exchange ac17 count to bid, as any other bidder, for any property real,

18 personal, or mixed, wherever located, owned or controlled

19 by the United States, including in a corporate capacity

20 or as a receiver, conservator, or similar fiduciary capacity

21 to be sold in accordance with the applicable laws and regu22 lations of the Federal agency or instrumentality, or any

23 element thereof, offering such property for sale. Upon ap24 proval by the Secretary in writing, the credits in Catellus’s

25 exchange account may be transferred or sold in whole or
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1 in part by Catellus to any other party, thereby vesting

2 such party with all the rights formerly held by Catellus.

3 The exchange account shall be adjusted to reflect success4 ful bids under this section or payments or forfeited depos5 its, penalties, or other costs assessed to the bidder in the

6 course of such sales.

7 (g)(1) The Secretary shall not accept title pursuant

8 to this section to any lands unless such title includes all

9 right, title, and interest in and to the fee estate.

10 (2) Notwithstanding paragraph (1), the Secretary

11 may accept title to any subsurface estate where the United

12 States holds title to the surface estate.

13 (3) This subsection does not apply to easements and

14 rights-of-way for utilities or roads.

15 (h) In no event shall the Secretary accept title under

16 this section to lands which contain any hazardous waste,

17 toxic waste, or radioactive waste which requires removal

18 or remedial action under Federal or State law unless such

19 remedial action has been completed prior to the transfer.

20 (i) For purposes of the section, any appraisal shall

21 be consistent with the provisions of section 206 of the Fed22 eral Land Policy and Management Act of 1976.

23 (j) As used in this section, the term ‘‘Committees’’

24 means the Committee on Natural Resources of the House
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1 of Representatives and the Committee on Energy and

2 Natural Resources of the Senate.

3 TITLE VII—DEFINITIONS

4 SEC. 701. For the purposes of this Act:

5 (1) The term ‘‘Secretary’’, unless specifically

6 designated otherwise, means the Secretary of the In7 terior.

8 (2) The term ‘‘public lands’’ means any land

9 and interest in land owned by the United States and

10 administered by the Secretary of the Interior

11 through the Bureau of Land Management.

12 TITLE VIII—MILITARY LANDS AND

13 OVERFLIGHTS

14 SHORT TITLE AND FINDINGS

15 SEC. 801. (a) SHORT TITLE.—This title may be cited

16 as the ‘‘California Military Lands Withdrawal and

17 Overflights Act of 1991’’.

18 (b) Findings.—The Congress finds that—

19 (1) Military aircraft testing and training activi20 ties as well as demilitarization activities in California

21 are an important part of the national defense system

22 of the United States, and are essential in order to

23 secure for the American people of this and future

24 generations an enduring and viable national defense

25 system;
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1 (2) the national parks and wilderness areas des2 ignated by this Act lie within a region critical to pro3 viding training, research, and development for the

4 Armed Forces of the United States and its allies;

5 (3) there is a lack of alternative sites available

6 for these military training, testing, and research ac7 tivities;

8 (4) continued use of the lands and airspace in

9 the California desert region is essential for military

10 purposes; and

11 (5) continuation of these military activities,

12 under appropriate terms and conditions, is not in13 compatible with the protection and proper manage14 ment of the natural, environmental, cultural, and

15 other resources and values of the Federal lands in

16 the California desert area.

17 MILITARY OVERFLIGHTS

18 SEC. 802. (a) Nothing in this Act shall restrict or

19 preclude low-level overflights of military aircraft over the

20 new units of the National Park or Wilderness Preservation

21 System (or any additions to existing units) designated by

22 this Act, including military overflights that can be seen

23 or heard within the areas designated by this Act.

24 (b) Nothing in this Act shall restrict or preclude the

25 designation of new units of special airspace or the use of

26 establishment of military flight training routes over the
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1 new units of the National Park or Wilderness Preservation

2 Systems (or any additions to existing units) designated by

3 this Act.

4 (c) Nothing in this section shall be construed to mod5 ify, expand, or diminish any authority under other Federal

6 law.

7 WITHDRAWALS

8 SEC. 803. (a) CHINA LAKE.—(1) Subject to valid ex9 isting rights and except as otherwise provided in this title,

10 the Federal lands referred to in paragraph (2), and all

11 other areas within the boundary of such lands as depicted

12 on the map specified in such paragraph which may become

13 subject to the operation of the public land laws, are hereby

14 withdrawn from all forms of appropriation under the pub15 lic land laws (including the mining laws and the mineral

16 leasing laws). Such lands are reserved for use by the Sec17 retary of the Navy for—

18 (A) use as a research, development, test, and

19 evaluation laboratory;

20 (B) use as a range for air warfare weapons and

21 weapon systems;

22 (C) use as a high hazard training area for aer23 ial gunnery, rocketry, electronic warfare and coun24 termeasures, tactical maneuvering and air support;

25 and
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1 (D) subject to the requirements of section

2 804(f), other defense-related purposes consistent

3 with the purposes specified in this paragraph.

4 (2) The lands referred to in paragraph (1) are the

5 Federal lands, located within the boundaries of the China

6 Lake Naval Weapons Center, comprising approximately

7 one million one hundred thousand acres in Inyo, Kern, and

8 San Bernardino Counties, California, as generally depicted

9 on a map entitled ‘‘China Lake Naval Weapons Center

10 Withdrawal—Proposed’’, dated January 1985, and filed

11 in accordance with section 803.

12 (b) CHOCOLATE MOUNTAIN.—(1) Subject to valid ex13 isting rights and except as otherwise provided in this title,

14 the Federal lands referred to in paragraph (2), and all

15 other areas within the boundary of such lands as depicted

16 on the map specified in such paragraph which may become

17 subject to the operation of the public land laws, are hereby

18 withdrawn from all forms of appropriation under the pub19 lic land laws (including the mining laws and the mineral

20 leasing and the geothermal leasing laws). Such lands are

21 reserved for use by the Secretary of the Navy for—

22 (A) testing and training for aerial bombing,

23 missile firing, tactical maneuvering and air support;

24 and
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1 (B) subject to the provisions of section 804(f),

2 other defense-related purposes consistent with the

3 purposes specified in this paragraph.

4 (2) The lands referred to in paragraph (1) are the

5 Federal lands comprising approximately two hundred

6 twenty-six thousand seven hundred and eleven acres in

7 Imperial County, California, as generally depicted on a

8 map entitled ‘‘Chocolate Mountain Aerial Gunnery Range

9 Proposed—Withdrawal’’ dated November 1991 and filed

10 in accordance with section 803.

11 MAPS AND LEGAL DESCRIPTIONS

12 SEC. 804. (a) PUBLICATION AND FILING REQUIRE13 MENT.—As soon as practicable after the date of enact14 ment of this title, the Secretary of the Interior shall—

15 (1) publish in the Federal Register a notice

16 containing the legal description of the lands with17 drawn and reserved by this title; and

18 (2) file maps and the legal description of the

19 lands withdrawn and reserved by this title with the

20 Committee on Energy and Natural Resources of the

21 United States Senate and with the Committee on

22 Natural Resources of the United States House of

23 Representatives.

24 (b) TECHNICAL CORRECTIONS.—Such maps and

25 legal descriptions shall have the same force and effect as

26 if they were included in this title except that the Secretary
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1 of the Interior may correct clerical and typographical er2 rors in such maps and legal descriptions.

3 (c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies

4 of such maps and legal descriptions shall be available for

5 public inspection in the Office of the Director of the Bu6 reau of Land Management, Washington, District of Co7 lumbia; the Office of the Director, California State Office

8 of the Bureau of Land Management, Sacramento, Califor9 nia; the office of the commander of the Naval Weapons

10 Center, China Lake, California; the office of the com11 manding officer, Marine Corps Air Station, Yuma, Ari12 zona; and the Office of the Secretary of Defense, Washing13 ton, District of Columbia.

14 (d) REIMBURSEMENT.—The Secretary of Defense

15 shall reimburse the Secretary of the Interior for the cost

16 of implementing this section.

17 MANAGEMENT OF WITHDRAWN LANDS

18 SEC. 805. (a) MANAGEMENT BY THE SECRETARY OF

19 THE INTERIOR.—(1) Except as provided in subsection (g),

20 during the period of the withdrawal the Secretary of the

21 Interior shall manage the lands withdrawn under section

22 802 pursuant to the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.) and other ap24 plicable law, including this title.
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1 (2) To the extent consistent with applicable law and

2 Executive orders, the lands withdrawn under section 802

3 may be managed in a manner permitting—

4 (A) the continuation of grazing pursuant to ap5 plicable law and Executive orders were permitted on

6 the date of enactment of this title;

7 (B) protection of wildlife and wildlife habitat;

8 (C) control of predatory and other animals;

9 (D) recreation (but only on lands withdrawn by

10 section 802(a) (relating to China Lake));

11 (E) the prevention and appropriate suppression

12 of brush and range fires resulting from nonmilitary

13 activities; and

14 (F) geothermal leasing on the lands withdrawn

15 under section 802(a) (relating to China Lake).

16 (3)(A) All nonmilitary use of such lands, including

17 the uses described in paragraph (2), shall be subject to

18 such conditions and restrictions as may be necessary to

19 permit the military use of such lands for the purposes

20 specified in or authorized pursuant to this title.

21 (B) The Secretary of the Interior may issue any

22 lease, easement, right-of-way, or other authorization with

23 respect to the nonmilitary use of such lands only with the

24 concurrence of the Secretary of the Navy.
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1 (b) CLOSURE TO PUBLIC.—(1) If the Secretary of the

2 Navy determines that military operations, public safety,

3 or national security require the closure to public use of

4 any road, trail, or other portion of the lands withdrawn

5 by this title, the Secretary may take such action as the

6 Secretary determines necessary or desirable to effect and

7 maintain such closure.

8 (2) Any such closure shall be limited to the minimum

9 areas and periods which the Secretary of the Navy deter10 mines are required to carry out this subsection.

11 (3) Before and during any closure under this sub12 section, the Secretary of the Navy shall—

13 (A) keep appropriate warning notices posted;

14 and

15 (B) take appropriate steps to notify the public

16 concerning such closures.

17 (c) MANAGEMENT PLAN.—The Secretary of the Inte18 rior (after consultation with the Secretary of the Navy)

19 shall develop a plan for the management of each area with20 drawn under section 802 during the period of such with21 drawal. Each plan shall—

22 (1) be consistent with applicable law;

23 (2) be subject to conditions and restrictions

24 specified in subsection (a)(3);
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1 (3) include such provisions as may be necessary

2 for proper management and protection of the re3 sources and values of such area; and

4 (4) be developed not later than three years after

5 the date of enactment of this title.

6 (d) BRUSH AND RANGE FIRES.—The Secretary of

7 the Navy shall take necessary precautions to prevent and

8 suppress brush and range fires occurring within and out9 side the lands withdrawn under section 802 as a result

10 of military activities and may seek assistance from the Bu11 reau of Land Management in the suppression of such

12 fires. The memorandum of understanding required by sub13 section (e) shall provide for Bureau of Land Management

14 assistance in the suppression of such fires, and for a

15 transfer of funds from the Department of the Navy to the

16 Bureau of Land Management as compensation for such

17 assistance.

18 (e) MEMORANDUM OF UNDERSTANDING.—(1) The

19 Secretary of the Interior and the Secretary of the Navy

20 shall (with respect to each land withdrawal under section

21 802) enter into a memorandum of understanding to imple22 ment the management plan developed under subsection

23 (c). Any such memorandum of understanding shall provide

24 that the Director of the Bureau of Land Management

25 shall provide assistance in the suppression of fires result-
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1 ing from the military use of lands withdrawn under section

2 802 if requested by the Secretary of the Navy.

3 (2) The duration of any such memorandum shall be

4 the same as the period of the withdrawal of the lands

5 under section 802.

6 (f) ADDITIONAL MILITARY USES.—(1) Lands with7 drawn by section 802 may be used for defense-related uses

8 other than those specified in such section. The Secretary

9 of Defense shall promptly notify the Secretary of the Inte10 rior in the event that the lands withdrawn by this title

11 will be used for defense-related purposes other than those

12 specified in section 802. Such notification shall indicate

13 the additional use or uses involved, the proposed duration

14 of such uses, and the extent to which such additional mili15 tary uses of the withdrawn lands will require that addi16 tional or more stringent conditions or restrictions be im17 posed on otherwise-permitted nonmilitary uses of the with18 drawn land or portions thereof.

19 (g) MANAGEMENT OF CHINA LAKE.—(1) The Sec20 retary of the Interior may assign the management respon21 sibility for the lands withdrawn under section 802(a) to

22 the Secretary of the Navy who shall manage such lands,

23 and issue leases, easements, rights-of-way, and other au24 thorizations, in accordance with this title and cooperative

25 management arrangements between the Secretary of the
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1 Interior and the Secretary of the Navy. In the case that

2 the Secretary of the Interior assigns such management re3 sponsibility to the Secretary of the Navy before the devel4 opment of the management plan under subsection (c), the

5 Secretary of the Navy (after consultation with the Sec6 retary of the Interior) shall develop such management

7 plan.

8 (2) The Secretary of the Interior shall be responsible

9 for the issuance of any lease, easement, right-of-way, and

10 other authorization with respect to any activity which in11 volves both the lands withdrawn under section 802(a) and

12 any other lands. Any such authorization shall be issued

13 only with the consent of the Secretary of the Navy and,

14 to the extent that such activity involves lands withdrawn

15 under section 802(a), shall be subject to such conditions

16 as the Secretary of the Navy may prescribe.

17 (3) The Secretary of the Navy shall prepare and sub18 mit to the Secretary of the Interior an annual report on

19 the status of the natural and cultural resources and values

20 of the lands withdrawn under section 802(a). The Sec21 retary of the Interior shall transmit such report to the

22 Committee on Natural Resources of the House of Rep23 resentatives and the Committee on Energy and Natural

24 Resources of the Senate.
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1 (4) The Secretary of the Navy shall be responsible

2 for the management of wild horses and burros located on

3 the lands withdrawn under section 802(a) and may utilize

4 helicopters and motorized vehicles for such purposes. Such

5 management shall be in accordance with laws applicable

6 to such management on public lands and with an appro7 priate memorandum of understanding between the Sec8 retary of the Interior and the Secretary of the Navy.

9 (5) Neither this title nor any other provision of law

10 shall be construed to prohibit the Secretary of the Interior

11 from issuing and administering any lease for the develop12 ment and utilization of geothermal steam and associated

13 geothermal resources on the lands withdrawn under sec14 tion 802(a) pursuant to the Geothermal Steam Act of

15 1970 (30 U.S.C. 1001 et seq.) and other applicable law,

16 but no such lease shall be issued without the concurrence

17 of the Secretary of the Navy.

18 (6) This title shall not affect the geothermal explo19 ration and development authority of the Secretary of the

20 Navy under section 2689 of title 10, United States Code,

21 except that the Secretary of the Navy shall obtain the con22 currence of the Secretary of the Interior before taking ac23 tion under that section with respect to the lands with24 drawn under section 802(a).
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1 DURATION OF WITHDRAWALS

2 SEC. 806. (a) DURATION.—The withdrawal and res3 ervation established by this title shall terminate twenty4 five years after the date of enactment of this title.

5 (b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—

6 No later than twenty-two years after the date of enact7 ment of this title, the Secretary of the Navy shall publish

8 a draft environmental impact statement concerning con9 tinued or renewed withdrawal of any portion of the lands

10 withdrawn by this title for which that Secretary intends

11 to seek such continued or renewed withdrawal. Such draft

12 environmental impact statement shall be consistent with

13 the requirements of the National Environmental Policy

14 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such

15 a draft environmental impact statement. Prior to the ter16 mination date specified in subsection (a), the Secretary of

17 the Navy shall hold a public hearing on any draft environ18 mental impact statement published pursuant to this sub19 section. Such hearing shall be held in the State of Califor20 nia in order to receive public comments on the alternatives

21 and other matters included in such draft environmental

22 impact statement.

23 (c) EXTENSIONS OR RENEWALS.—The withdrawals

24 established by this title may not be extended or renewed

25 except by an Act or joint resolution.
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1 ONGOING DECONTAMINATION

2 SEC. 807. (a) PROGRAM.—Throughout the duration

3 of the withdrawals made by this title, the Secretary of the

4 Navy, to the extent funds are made available, shall main5 tain a program of decontamination of lands withdrawn by

6 this title at least at the level of decontamination activities

7 performed on such lands in fiscal year 1986.

8 (b) REPORTS.—At the same time as the President

9 transmits to the Congress the President’s proposed budget

10 for the first fiscal year beginning after the date of enact11 ment of this title and for each subsequent fiscal year, the

12 Secretary of the Navy shall transmit to the Committees

13 on Appropriations, Armed Services, and Energy and Nat14 ural Resources of the Senate and to the Committees on

15 Appropriations, Armed Services, and Natural Resources

16 of the House of Representatives a description of the de17 contamination efforts undertaken during the previous fis18 cal year on such lands and the decontamination activities

19 proposed for such lands during the next fiscal year includ20 ing—

21 (1) amounts appropriated and obligated or ex22 pended for decontamination of such lands;

23 (2) the methods used to decontaminate such

24 lands;
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1 (3) amount and types of contaminants removed

2 from such lands;

3 (4) estimated types and amounts of residual

4 contamination on such lands; and

5 (5) an estimate of the costs for full decon6 tamination of such lands and the estimate of the

7 time to complete such decontamination.

8 REQUIREMENTS FOR RENEWAL

9 SEC. 808. (a) NOTICE AND FILING.—(1) No later

10 than three years prior to the termination of the with11 drawal and reservation established by this title, the Sec12 retary of the Navy shall advise the Secretary of the Inte13 rior as to whether or not the Secretary of the Navy will

14 have a continuing military need for any of the lands with15 drawn under section 802 after the termination date of

16 such withdrawal and reservation.

17 (2) If the Secretary of the Navy concludes that there

18 will be a continuing military need for any of such lands

19 after the termination date, the Secretary shall file an ap20 plication for extension of the withdrawal and reservation

21 of such needed lands in accordance with the regulations

22 and procedures of the Department of the Interior applica23 ble to the extension of withdrawals of lands for military

24 uses.

25 (3) If, during the period of withdrawal and reserva26 tion, the Secretary of the Navy decides to relinquish all
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1 or any of the lands withdrawn and reserved by this title,

2 the Secretary shall file a notice of intention to relinquish

3 with the Secretary of the Interior.

4 (b) CONTAMINATION.—(1) Before transmitting a no5 tice of intention to relinquish pursuant to subsection (a),

6 the Secretary of Defense, acting through the Department

7 of the Navy, shall prepare a written determination con8 cerning whether and to what extent the lands that are to

9 be relinquished are contaminated with explosive, toxic, or

10 other hazardous materials.

11 (2) A copy of such determination shall be transmitted

12 with the notice of intention to relinquish.

13 (3) Copies of both the notice of intention to relinquish

14 and the determination concerning the contaminated state

15 of the lands shall be published in the Federal Register by

16 the Secretary of the Interior.

17 (c) DECONTAMINATION.—If any land which is the

18 subject of a notice of intention to relinquish pursuant to

19 subsection (a) is contaminated, and the Secretary of the

20 Interior, in consultation with the Secretary of the Navy,

21 determines that decontamination is practicable and eco22 nomically feasible (taking into consideration the potential

23 future use and value of the land) and that upon decon24 tamination, the land could be opened to operation of some

25 or all of the public land laws, including the mining laws,
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1 the Secretary of the Navy shall decontaminate the land

2 to the extent that funds are appropriated for such pur3 pose.

4 (d) ALTERNATIVES.—If the Secretary of the Interior,

5 after consultation with the Secretary of the Navy, con6 cludes that decontamination of any land which is the sub7 ject of a notice of intention to relinquish pursuant to sub8 section (a) is not practicable or economically feasible, or

9 that the land cannot be decontaminated sufficiently to be

10 opened to operation of some or all of the public land laws,

11 or if Congress does not appropriate a sufficient amount

12 of funds for the decontamination of such land, the Sec13 retary of the Interior shall not be required to accept the

14 land proposed for relinquishment.

15 (e) STATUS OF CONTAMINATED LANDS.—If, because

16 of their contaminated state, the Secretary of the Interior

17 declines to accept jurisdiction over lands withdrawn by

18 this title which have been proposed for relinquishment, or

19 if at the expiration of the withdrawal made by this title

20 the Secretary of the Interior determines that some of the

21 lands withdrawn by this title are contaminated to an ex22 tent which prevents opening such contaminated lands to

23 operation of the public land laws—

24 (1) the Secretary of the Navy shall take appro25 priate steps to warn the public of the contaminated
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1 state of such lands and any risks associated with

2 entry onto such lands;

3 (2) after the expiration of the withdrawal, the

4 Secretary of the Navy shall undertake no activities

5 on such lands except in connection with decon6 tamination of such lands; and

7 (3) the Secretary of the Navy shall report to

8 the Secretary of the Interior and to the Congress

9 concerning the status of such lands and all actions

10 taken in furtherance of this subsection.

11 (f) REVOCATION AUTHORITY.—Notwithstanding any

12 other provision of law, the Secretary of the Interior, upon

13 deciding that it is in the public interest to accept jurisdic14 tion over lands proposed for relinquishment pursuant to

15 subsection (a), is authorized to revoke the withdrawal and

16 reservation established by this title as it applies to such

17 lands. Should the decision be made to revoke the with18 drawal and reservation, the Secretary of the Interior shall

19 published in the Federal Register an appropriate order

20 which shall—

21 (1) terminate the withdrawal and reservation;

22 (2) constitute official acceptance of full jurisdic23 tion over the lands by the Secretary of the Interior;

24 and
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1 (3) state the date upon which the lands will be

2 opened to the operation of some or all of the public

3 lands law, including the mining laws.

4 DELEGABILITY

5 SEC. 809. (a) DEFENSE.—The functions of the Sec6 retary of Defense or the Secretary of the Navy under this

7 title may be delegated.

8 (b) INTERIOR.—The functions of the Secretary of the

9 Interior under this title may be delegated, except that an

10 order described in section 807(f) may be approved and

11 signed only by the Secretary of the Interior, the Under

12 Secretary of the Interior, or an Assistant Secretary of the

13 Department of the Interior.

14 HUNTING, FISHING, AND TRAPPING

15 SEC. 810. All hunting, fishing, and trapping on the

16 lands withdrawn by this title shall be conducted in accord17 ance with the provisions of section 2671 of title 10, United

18 States Code.

19 IMMUNITY OF UNITED STATES

20 SEC. 811. The United States and all departments or

21 agencies thereof shall be held harmless and shall not be

22 liable for any injury or damage to persons or property suf23 fered in the course of any geothermal leasing or other au24 thorized nonmilitary activity conducted on lands described

25 in section 802 of this title.
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1 EL CENTRO RANGES

2 SEC. 812. The Secretary of the Interior is authorized

3 to permit the Secretary of the Navy to use until January

4 1, 1996, the approximately forty-four thousand eight hun5 dred and seventy acres of public lands in Imperial County,

6 California, known as the East Mesa and West Mesa

7 ranges, in accordance with the Memorandum of Under8 standing dated June 29, 1987, between the Bureau of

9 Land Management, the Bureau of Reclamation, and the

10 Department of the Navy. Such use shall be consistent with

11 such Memorandum of Understanding and such additional

12 terms and conditions as the Secretary of the Interior may

13 require in order to protect the natural, scientific, environ14 mental, cultural, and other resources and values of such

15 lands and to minimize the extent to which use of such

16 lands for military purposes impedes or restricts use of

17 such or other public lands for other purposes. All military

18 uses of such lands shall cease on January 1, 1996, unless

19 authorized by subsequent Act of Congress.

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