S. 21

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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

the Death Valley and Joshua Tree National Parks, to establish the Mojave National

Preserve, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

Sections 1 and 2, and titles I through IX of this Act may

be cited as the ‘‘California Desert Protection Act of 1994’’.

SEC. 2. FINDINGS AND POLICY.

(a) The Congress finds and declares that—

(1) the federally owned desert lands of southern California

constitute a public wildland resource of extraordinary and inestimable value for this and future generations; (2) these desert wildlands display unique scenic, historical,

archeological, environmental, ecological, wildlife, cultural, scientific, educational, and recreational values used and enjoyed

by millions of Americans for hiking and camping, scientific

study and scenic appreciation; (3) the public land resources of the California desert now

face and are increasingly threatened by adverse pressures

which would impair, dilute, and destroy their public and natural

values;

(4) the California desert, embracing wilderness lands, units

of the National Park System, other Federal lands, State parks

and other State lands, and private lands, constitutes a cohesive

unit posing unique and difficult resource protection and

management challenges; (5) through designation of national monuments by Presidential proclamation, through enactment of general public land

statutes (including section 601 of the Federal Land Policy and

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

seq.) and through interim administrative actions, the Federal

Government has begun the process of appropriately providing

for protection of the significant resources of the public lands

in the California desert; and

(6) statutory land unit designations are needed to afford

the full protection which the resources and public land values

of the California desert merit.

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

future generations an enduring heritage of wilderness, national

parks, and public land values in the California desert, it is hereby

declared to be the policy of the Congress that—
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(1) appropriate public lands in the California desert shall

be included within the National Park System and the National

Wilderness Preservation System, in order to— (A) preserve unrivaled scenic, geologic, and wildlife values associated with these unique natural landscapes; (B) perpetuate in their natural state significant and diverse ecosystems of the California desert; (C) protect and preserve historical and cultural values

of the California desert associated with ancient Indian

cultures, patterns of western exploration and settlement,

and sites exemplifying the mining, ranching and railroading history of the Old West; (D) provide opportunities for compatible outdoor public

recreation, protect and interpret ecological and geological

features and historic, paleontological, and archeological

sites, maintain wilderness resource values, and promote

public understanding and appreciation of the California

desert; and

(E) retain and enhance opportunities for scientific

research in undisturbed ecosystems.

TITLE I—DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED

BY THE BUREAU OF LAND MANAGEMENT

SEC. 101. FINDINGS.

The Congress finds and declares that— (1) wilderness is a distinguishing characteristic of the pub- lic lands in the California desert, one which affords an unrivaled

opportunity for experiencing vast areas of the Old West essentially unaltered by man’s activities, and which merits preservation for the benefit of present and future generations; (2) the wilderness values of desert lands are increasingly threatened by and especially vulnerable to impairment, alteration, and destruction by activities and intrusions associated

with incompatible use and development; and (3) preservation of desert wilderness necessarily requires the highest forms of protective designation and management.

SEC. 102. DESIGNATION OF WILDERNESS.

In furtherance of the purpose of the Wilderness Act (78 Stat. 890, 16 U.S.C. 1131 et seq.), and sections 601 and 603 of the

Federal Land Policy and Management Act of 1976 (90 Stat. 2743,

43 U.S.C. 1701 et seq.), the following lands in the State of California, as generally depicted on maps referenced herein, are hereby

designated as wilderness, and therefore, as components of the

National Wilderness Preservation System: (1) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventy-four thousand eight hundred and ninety

acres, as generally depicted on a map entitled ‘‘Argus Range

Wilderness—Proposed 1’’, dated May 1991, and two maps entitled ‘‘Argus Range Wilderness—Proposed 2’’ and ‘‘Argus Range

Wilderness—Proposed 3’’, dated January 1989, and which shall
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be known as the Argus Range Wilderness. If at any time

within fifteen years after the date of enactment of this Act

the Secretary of the Navy notifies the Secretary that permission

has been granted to use lands within the area of the China

Lake Naval Air Warfare Center for installation of a space

energy laser facility, and that establishment of a right-of-way

across lands within the Argus Range Wilderness is desirable

in order to facilitate access to the lands to be used for such

facility, the Secretary of the Interior, pursuant to the Federal

Land Policy and Management Act of 1976, may grant a rightof-way for, and authorize construction of, a road to be used

solely for that purpose across such lands, notwithstanding the

designation of such lands as wilderness. So far as practicable,

any such road shall be aligned in a manner that takes into

account the desirability of minimizing adverse impacts on

wilderness values.

(2) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately ten thousand three hundred and eighty acres,

as generally depicted on a map entitled ‘‘Bigelow Cholla Garden

Wilderness— Proposed’’, dated July 1993, and which shall be

known as the Bigelow Cholla Garden Wilderness.

(3) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, and within the

San Bernardino National Forest, which comprise approximately

thirty-nine thousand one hundred and eighty-five acres, as

generally depicted on a map entitled ‘‘Bighorn Mountain Wilderness—Proposed’’, dated July 1993, and which shall be known

as the Bighorn Mountain Wilderness. (4) Certain lands in the California Desert Conservation

Area and the Yuma District, of the Bureau of Land Management, which comprise approximately forty-seven thousand five

hundred and seventy acres, as generally depicted on a map

entitled ‘‘Big Maria Mountains Wilderness—Proposed’’, dated

February 1986, and which shall be known as the Big Maria

Mountains Wilderness.

(5) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirteen thousand nine hundred and forty acres,

as generally depicted on a map entitled ‘‘Black Mountain

Wilderness—Proposed’’, dated July 1993, and which shall be

known as the Black Mountain Wilderness.

(6) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately nine thousand five hundred and twenty acres,

as generally depicted on a map entitled ‘‘Bright Star Wilderness—Proposed’’, dated October 1993, and which shall be known

as the Bright Star Wilderness.

(7) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately sixty-eight thousand five hundred and fifteen

acres, as generally depicted on two maps entitled ‘‘Bristol Mountains Wilderness—Proposed 1’’, and ‘‘Bristol Mountains Wilderness—Proposed 2’’, dated September 1991, and which shall

be known as Bristol Mountains Wilderness.

(8) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise
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approximately thirty-nine thousand seven hundred and forty

acres, as generally depicted on a map entitled ‘‘Cadiz Dunes

Wilderness—Proposed’’, dated July 1993, and which shall be

known as the Cadiz Dunes Wilderness.

(9) Certain lands in the California Desert Conservation

Area and Eastern San Diego County, of the Bureau of Land

Management, which comprise approximately fifteen thousand

seven hundred acres, as generally depicted on a map entitled

‘‘Carrizo Gorge Wilderness—Proposed’’, dated February 1986,

and which shall be known as the Carrizo Gorge Wilderness.

(10) Certain lands in the California Desert Conservation

Area and Yuma District, of the Bureau of Land Management,

which comprise approximately sixty-four thousand three hundred and twenty acres, as generally depicted on a map entitled

‘‘Chemehuevi Mountains Wilderness—Proposed’’, dated July

1993, and which shall be known as the Chemehuevi Mountains

Wilderness.

(11) Certain lands in the Bakersfield District, of the Bureau

of Land Management, which comprise approximately thirteen

thousand seven hundred acres, as generally depicted on two

maps entitled ‘‘Chimney Park Wilderness—Proposed 1’’ and

‘‘Chimney Peak Wilderness—Proposed 2’’, dated May 1991, and

which shall be known as the Chimney Peak Wilderness.

(12) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately eighty thousand seven hundred and seventy

acres, as generally depicted on two maps entitled ‘‘Chuckwalla

Mountains Wilderness—Proposed 1’’ and ‘‘Chuckwalla Mountains Wilderness—Proposed 2’’, dated July 1992, and which

shall be known as the Chuckwalla Mountains Wilderness.

(13) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

thirty-three thousand nine hundred and eighty acres, as generally depicted on a map entitled ‘‘Cleghorn Lakes Wilderness—

Proposed’’, dated July 1993, and which shall be known as

the Cleghorn Lakes Wilderness. The Secretary may, pursuant

to an application filed by the Department of Defense, grant

a right-of-way for, and authorize construction of, a road within

the area depicted as ‘‘nonwilderness road corridor’’ on such

map.

(14) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-six thousand acres, as generally depicted

on a map entitled ‘‘Clipper Mountain Wilderness—Proposed’’,

dated July 1993, and which shall be known as Clipper Mountain

Wilderness.

(15) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately fifty thousand five hundred and twenty acres,

as generally depicted on a map entitled ‘‘Coso Range Wilderness—Proposed’’, dated May 1991, and which shall be known

as Coso Range Wilderness.

(16) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventeen thousand acres, as generally depicted

on a map entitled ‘‘Coyote Mountains Wilderness—Proposed’’,
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dated July 1993, and which shall be known as Coyote Mountains Wilderness.

(17) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately eight thousand six hundred acres, as generally

depicted on a map entitled ‘‘Darwin Falls Wilderness—Proposed’’, dated May 1991, and which shall be known as Darwin

Falls Wilderness.

(18) Certain lands in the California Desert Conservation

Area and the Yuma District, of the Bureau of Land Management, which comprise approximately forty-eight thousand eight

hundred and fifty acres, as generally depicted on a map entitled

‘‘Dead Mountains Wilderness—Proposed’’, dated October 1991,

and which shall be known as Dead Mountains Wilderness.

(19) Certain lands in the Bakersfield District, of the Bureau

of Land Management, which comprise approximately thirtysix thousand three hundred acres, as generally depicted on

two maps entitled ‘‘Domeland Wilderness Additions—Proposed

1’’ and ‘‘Domeland Wilderness Additions—Proposed 2’’, dated

February 1986, and which are hereby incorporated in, and

which shall be deemed to be a part of, the Domeland Wilderness

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

(20) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-three thousand seven hundred and eighty

acres, as generally depicted on a map entitled ‘‘El Paso Mountains Wilderness—Proposed’’, dated July 1993, and which shall

be known as the El Paso Mountains Wilderness.

(21) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-five thousand nine hundred and forty

acres, as generally depicted on a map entitled ‘‘Fish Creek

Mountains Wilderness—Proposed’’, dated July 1993, and which

shall be known as Fish Creek Mountains Wilderness.

(22) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-eight thousand one hundred and ten

acres, as generally depicted on a map entitled ‘‘Funeral Mountains Wilderness—Proposed’’, dated May 1991, and which shall

be known as Funeral Mountains Wilderness.

(23) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-seven thousand seven hundred acres, as

generally depicted on a map entitled ‘‘Golden Valley Wilderness—Proposed’’, dated February 1986, and which shall be

known as Golden Valley Wilderness.

(24) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-one thousand six hundred and ninetyfive acres, as generally depicted on a map entitled ‘‘Grass

Valley Wilderness—Proposed’’, dated July 1993, and which

shall be known as the Grass Valley Wilderness.

(25) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-two thousand two hundred and forty

acres, as generally depicted on a map entitled ‘‘Hollow Hills
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Wilderness—Proposed’’, dated May 1991, and which shall be

known as the Hollow Hills Wilderness.

(26) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-six thousand four hundred and sixty

acres, as generally depicted on a map entitled ‘‘Ibex Wilderness—Proposed’’, dated May 1991, and which shall be known

as the Ibex Wilderness.

(27) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-three thousand eight hundred and fiftyfive acres, as generally depicted on a map entitled ‘‘Indian

Pass Wilderness—Proposed’’, dated July 1993, and which shall

be known as the Indian Pass Wilderness.

(28) Certain lands in the California Desert Conservation

Area and the Bakersfield District, of the Bureau of Land

Management, and within the Inyo National Forest, which comprise approximately two hundred and five thousand and twenty

acres, as generally depicted on three maps entitled ‘‘Inyo Mountains Wilderness—Proposed 1’’, ‘‘Inyo Mountains Wilderness—

Proposed 2’’, ‘‘Inyo Mountains Wilderness—Proposed 3’’, dated

May 1991, and which shall be known as the Inyo Mountains

Wilderness.

(29) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-three thousand six hundred and seventy

acres, as generally depicted on a map entitled ‘‘Jacumba Wilderness—Proposed’’, dated July 1993, and which shall be known

as the Jacumba Wilderness.

(30) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one hundred and twenty-nine thousand five hundred and eighty acres, as generally depicted on a map entitled

‘‘Kelso Dunes Wilderness—Proposed 1’’, dated October 1991,

a map entitled ‘‘Kelso Dunes Wilderness—Proposed 2’’, dated

May 1991, and a map entitled ‘‘Kelso Dunes Wilderness—

Proposed 3’’, dated September 1991, and which shall be known

as the Kelso Dunes Wilderness.

(31) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, and the Sequoia

National Forest, which comprise approximately eighty-eight

thousand two hundred and ninety acres, as generally depicted

on a map entitled ‘‘Kiavah Wilderness—Proposed 1’’, dated

February 1986, and a map entitled ‘‘Kiavah Wilderness—Proposed 2’’, dated October 1993, and which shall be known as

the Kiavah Wilderness.

(32) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately two hundred nine thousand, six hundred and

eight acres, as generally depicted on four maps entitled ‘‘Kingston Range Wilderness—Proposed 1’’, ‘‘Kingston Range Wilderness—Proposed 2’’, ‘‘Kingston Range Wilderness—Proposed 3’’,

‘‘Kingston Range Wilderness—Proposed 4’’, dated July 1993,

and which shall be known as the Kingston Range Wilderness.

(33) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-nine thousand eight hundred and eighty
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acres, as generally depicted on a map entitled ‘‘Little

Chuckwalla Mountains Wilderness—Proposed’’, dated July

1993, and which shall be known as the Little Chuckwalla

Mountains Wilderness.

(34) Certain lands in the California Desert Conservation

Area and the Yuma District, of the Bureau of Land Management, which comprise approximately thirty-three thousand six

hundred acres, as generally depicted on a map entitled ‘‘Little

Picacho Wilderness—Proposed’’, dated July 1993, and which

shall be known as the Little Picacho Wilderness.

(35) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-two thousand three hundred and sixty

acres, as generally depicted on a map entitled ‘‘Malpais Mesa

Wilderness—Proposed’’, dated September 1991, and which shall

be known as the Malpais Mesa Wilderness.

(36) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately sixteen thousand one hundred and five acres,

as generally depicted on a map entitled ‘‘Manly Peak Wilderness—Proposed’’, dated October 1991, and which shall be known

as the Manly Peak Wilderness.

(37) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-four thousand two hundred acres, as generally depicted on a map entitled ‘‘Mecca Hills Wilderness—

Proposed’’, dated July 1993, and which shall be known as

the Mecca Hills Wilderness.

(38) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately forty-seven thousand three hundred and thirty

acres, as generally depicted on a map entitled ‘‘Mesquite Wilderness—Proposed’’, dated May 1991, and which shall be known

as the Mesquite Wilderness.

(39) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-two thousand nine hundred acres, as

generally depicted on a map entitled ‘‘Newberry Mountains

Wilderness—Proposed’’, dated February 1986, and which shall

be known as the Newberry Mountains Wilderness.

(40) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one hundred ten thousand eight hundred and

sixty acres, as generally depicted on a map entitled ‘‘Nopah

Range Wilderness—Proposed’’, dated July 1993, and which shall

be known as the Nopah Range Wilderness.

(41) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-two thousand two hundred and forty

acres, as generally depicted on a map entitled ‘‘North Algodones

Dunes Wilderness—Proposed’’, dated October 1991, and which

shall be known as the North Algodones Dunes Wilderness.

(42) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-five thousand five hundred and forty

acres, as generally depicted on a map entitled ‘‘North Mesquite
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Mountains Wilderness—Proposed’’, dated May 1991, and which

shall be known as the North Mesquite Mountains Wilderness.

(43) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one hundred forty-six thousand and twenty

acres, as generally depicted on a map entitled ‘‘Old Woman

Mountains Wilderness—Proposed 1’’, dated July 1993 and a

map entitled ‘‘Old Woman Mountains Wilderness—Proposed

2’’, dated July 1993, and which shall be known as the Old

Woman Mountains Wilderness.

(44) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately forty thousand seven hundred and thirty-five

acres, as generally depicted on a map entitled ‘‘Orocopia Mountains Wilderness—Proposed’’, dated July 1993, and which shall

be known as the Orocopia Mountains Wilderness.

(45) Certain lands in the California Desert Conservation

Area and the Bakersfield District, of the Bureau of Land

Management, which comprise approximately seventy-four thousand and sixty acres, as generally depicted on a map entitled

‘‘Owens Peak Wilderness—Proposed 1’’, dated February 1986,

a map entitled ‘‘Owens Peak Wilderness—Proposed 2’’, dated

March 1994, and a map entitled ‘‘Owens Peak Wilderness—

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

the Owens Peak Wilderness.

(46) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventy-four thousand eight hundred acres, as

generally depicted on a map entitled ‘‘Pahrump Valley Wilderness—Proposed’’, dated February 1986, and which shall be

known as the Pahrump Valley Wilderness. (47) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately two hundred seventy thousand six hundred and

twenty-nine acres, as generally depicted on a map entitled

‘‘Palen/McCoy Wilderness—Proposed 1’’, dated July 1993, and

a map entitled ‘‘Palen/McCoy Wilderness—Proposed 2’’, dated

July 1993, and which shall be known as the Palen/McCoy

Wilderness.

(48) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-two thousand three hundred and ten

acres, as generally depicted on a map entitled ‘‘Palo Verde

Mountains Wilderness—Proposed’’, dated July 1993, and which

shall be known as the Palo Verde Mountains Wilderness.

(49) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seven thousand seven hundred acres, as generally depicted on a map entitled ‘‘Picacho Peak Wilderness—

Proposed’’, dated May 1991, and which shall be known as

the Picacho Peak Wilderness.

(50) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventy-two thousand five hundred and seventyfive acres, as generally depicted on a map entitled ‘‘Piper Mountain Wilderness—Proposed’’, dated October 1993, and which

shall be known as the Piper Mountain Wilderness.
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(51) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-six thousand eight hundred and forty

acres, as generally depicted on a map entitled ‘‘Piute Mountains

Wilderness—Proposed’’, dated July 1993, and which shall be

known as the Piute Mountains Wilderness.

(52) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventy-eight thousand eight hundred and sixtyeight acres, as generally depicted on a map entitled ‘‘Resting

Spring Range Wilderness—Proposed’’, dated May 1991, and

which shall be known as the Resting Spring Range Wilderness.

(53) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately forty thousand eight hundred and twenty acres,

as generally depicted on a map entitled ‘‘Rice Valley Wilderness—Proposed’’, dated May 1991, and which shall be known

as the Rice Valley Wilderness.

(54) Certain lands in the California Desert Conservation

Area and the Yuma District, of the Bureau of Land Management, which comprise approximately twenty-two thousand

three hundred eighty acres, as generally depicted on a map

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

May 1991, and which shall be known as the Riverside Mountains Wilderness.

(55) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-seven thousand six hundred and ninety

acres, as generally depicted on a map entitled ‘‘Rodman Mountains Wilderness—Proposed’’, dated October 1994, and which

shall be known as the Rodman Mountains Wilderness.

(56) Certain lands in the California Desert Conservation

Area and the Bakersfield District, of the Bureau of Land

Management, which comprise approximately fifty-one thousand

nine hundred acres, as generally depicted on two maps entitled

‘‘Sacatar Trail Wilderness—Proposed 1’’ and ‘‘Sacatar Trail

Wilderness—Proposed 2’’, dated May 1991, and which shall

be known as the Sacatar Trail Wilderness.

(57) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one thousand four hundred and forty acres, as

generally depicted on a map entitled ‘‘Saddle Peak Hills Wilderness—Proposed’’, dated July 1993, and which shall be known

as the Saddle Peak Hills Wilderness.

(58) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-seven thousand nine hundred and eighty

acres, as generally depicted on a map entitled ‘‘San Gorgonio

Wilderness Additions—Proposed’’, dated July 1993, and which

are hereby incorporated in, and which shall be deemed to

be a part of, the San Gorgonio Wilderness as designated by

Public Laws 88–577 and 98–425.

(59) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately sixty-four thousand three hundred and forty

acres, as generally depicted on a map entitled ‘‘Santa Rosa

Wilderness Additions—Proposed’’, dated March 1994, and which
S. 21—10

are hereby incorporated in, and which shall be deemed to

be part of, the Santa Rosa Wilderness designated by Public

Law 98–425.

(60) Certain lands in the California Desert District, of

the Bureau of Land Management, which comprise approximately thirty-five thousand and eighty acres, as generally

depicted on a map entitled ‘‘Sawtooth Mountains Wilderness—

Proposed’’, dated July 1993, and which shall be known as

the Sawtooth Mountains Wilderness.

(61) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one hundred seventy-four thousand eight hundred acres, as generally depicted on two maps entitled

‘‘Sheephole Valley Wilderness—Proposed 1’’, dated July 1993,

and ‘‘Sheephole Valley Wilderness—Proposed 2’’, dated July

1993, and which shall be known as the Sheephole Valley

Wilderness.

(62) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately sixteen thousand seven hundred and eighty

acres, as generally depicted on a map entitled ‘‘South Nopah

Range Wilderness—Proposed’’, dated February 1986, and which

shall be known as the South Nopah Range Wilderness.

(63) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seven thousand and fifty acres, as generally

depicted on a map entitled ‘‘Stateline Wilderness—Proposed’’,

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

Wilderness.

(64) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately eighty-one thousand six hundred acres, as generally depicted on a map entitled ‘‘Stepladder Mountains

Wilderness—Proposed’’, dated February 1986, and which shall

be known as the Stepladder Mountains Wilderness.

(65) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately twenty-nine thousand one hundred and eighty

acres, as generally depicted on a map entitled ‘‘Surprise Canyon

Wilderness—Proposed’’, dated September 1991, and which shall

be known as the Surprise Canyon Wilderness. (66) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately seventeen thousand eight hundred and twenty

acres, as generally depicted on a map entitled ‘‘Sylvania Mountains Wilderness—Proposed’’, dated February 1986, and which

shall be known as the Sylvania Mountains Wilderness.

(67) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately thirty-one thousand one hundred and sixty acres,

as generally depicted on a map entitled ‘‘Trilobite Wilderness—

Proposed’’, dated July 1993, and which shall be known as

the Trilobite Wilderness.

(68) Certain lands in the California Desert Conservation

Area, of the Bureau of Land Management, which comprise

approximately one hundred forty-four thousand five hundred

acres, as generally depicted on a map entitled ‘‘Turtle Moun-
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tains Wilderness—Proposed 1’’, dated February 1986 and a

map entitled ‘‘Turtle Mountains Wilderness—Proposed 2’’,

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

Mountains Wilderness.

(69) Certain lands in the California Desert Conservation

Area and the Yuma District, of the Bureau of Land Management, which comprise approximately seventy-seven thousand

five hundred and twenty acres, as generally depicted on a

map entitled ‘‘Whipple Mountains Wilderness—Proposed’’,

dated July 1993, and which shall be known as the Whipple

Mountains Wilderness.

SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

(a) MANAGEMENT.—Subject to valid existing rights, each wilderness area designated under section 102 shall be administered by

the Secretary of the Interior (hereinafter in this Act referred to

as the ‘‘Secretary’’) or the Secretary of Agriculture, as appropriate,

in accordance with the provisions of the Wilderness Act, except

that any reference in such provisions to the effective date of the

Wilderness Act shall be deemed to be a reference to the effective

date of this title and any reference to the Secretary of Agriculture

shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area.

(b) MAP AND LEGAL DESCRIPTIONS.—As soon as practicable

after the date of enactment of section 102, the Secretary concerned

shall file a map and legal description for each wilderness area

designated under this title with the Committee on Energy and

Natural Resources of the United States Senate and the Committee

on Natural Resources of the United States House of Representatives. Each such map and description shall have the same force

and effect as if included in this title, except that the Secretary

or the Secretary of Agriculture, as appropriate, may correct clerical

and typographical errors in each such legal description and map.

Each such map and legal description shall be on file and available

for public inspection in the office of the Director of the Bureau

of Land Management, Department of the Interior, or the Chief

of the Forest Service, Department of Agriculture, as appropriate.

(c) LIVESTOCK.—Within the wilderness areas designated under

section 102, the grazing of livestock, where established prior to

the date of enactment of this Act, shall be permitted to continue

subject to such reasonable regulations, policies, and practices as

the Secretary deems necessary, as long as such regulations, policies,

and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed

in the Wilderness Act and section 101(f) of Public Law 101–628.

(d) NO BUFFER ZONES.—The Congress does not intend for the

designation of wilderness areas in section 102 of this title to lead

to the creation of protective perimeters or buffer zones around

any such wilderness area. The fact that nonwilderness activities

or uses can be seen or heard from areas within a wilderness

area shall not, of itself, preclude such activities or uses up to

the boundary of the wilderness area.

(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of the

Wilderness Act, nothing in this title shall be construed as affecting

the jurisdiction of the State of California with respect to wildlife

and fish on the public lands located in that State.
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(f) FISH AND WILDLIFE MANAGEMENT.— Management activities

to maintain or restore fish and wildlife populations and the habitats

to support such populations may be carried out within wilderness

areas designated by this title and shall include the use of motorized

vehicles by the appropriate State agencies.

(g) LAW ENFORCEMENT ACCESS.—Nothing in this Act, including

the wilderness designations made by such Act, may be construed

to preclude Federal, State, and local law enforcement agencies

from conducting law enforcement and border operations as permitted before the date of enactment of this Act, including the

use of motorized vehicles and aircraft, on any lands designated

as wilderness by this Act.

SEC. 104. WILDERNESS REVIEW.

(a) IN GENERAL.—Except as provided in subsection (b), the

Congress hereby finds and directs that lands in the California

Desert Conservation Area, of the Bureau of Land Management,

not designated as wilderness or wilderness study areas by this

Act have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management

Act of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are no

longer subject to the requirement of section 603(c) of the Federal

Land Policy and Management Act of 1976 pertaining to the management of wilderness study areas in a manner that does not impair

the suitability of such areas for preservation as wilderness.

(b) AREAS NOT RELEASED.—The following areas shall continue

to be subject to the requirements of section 603(c) of the Federal

Land Policy and Management Act of 1976, pertaining to the

management of wilderness study areas in a manner that does

not impair the suitability of such areas for preservation as wilderness—

(1) certain lands which comprise approximately sixty-one

thousand three hundred and twenty, as generally depicted on

a map entitled ‘‘Avawatz Mountains Wilderness—Proposed’’,

dated May 1991;

(2) certain lands which comprise approximately thirty-nine

thousand seven hundred and fifty acres, as generally depicted

on a map entitled ‘‘Kingston Range Wilderness—Proposed 4’’,

dated July 1993;

(3) certain lands which comprise approximately eighty

thousand four hundred and thirty acres, as generally depicted

on two maps entitled ‘‘Soda Mountains Wilderness—Proposed

1’’, dated May 1991, and ‘‘Soda Mountains Wilderness—Proposed 2’’, dated January 1989;

(4) certain lands which compromise approximately twentythree thousand two hundred and fifty acres, as generally

depicted on a map entitled ‘‘South Avawatz Mountains—Proposed’’, dated May 1991;

(5) certain lands which comprise approximately seventeen

thousand two hundred and eighty acres, as generally depicted

on a map entitled ‘‘Death Valley National Park Boundary and

Wilderness 17—Proposed’’, dated July 1993;

(6) certain lands which comprise approximately eight thousand eight hundred acres, as generally depicted on a map

entitled ‘‘Great Falls Basin Wilderness—Proposed’’, dated February 1986; and
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(7) certain lands which comprise approximately eighty-four

thousand four hundred acres, as generally depicted on a map

entitled ‘‘Cady Mountains Wilderness—Proposed’’, dated July

1993.

(c) WITHDRAWAL.—Subject to valid existing rights, the Federal

lands referred to in subsection (b) are hereby withdrawn from

all forms of entry, appropriation, or disposal under the public land

laws; from location, entry, and patent under the United States

mining laws; and from disposition under all laws pertaining to

mineral and geothermal leasing, and mineral materials, and all

amendments thereto.

SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.

In furtherance of the provisions of the Wilderness Act, certain

lands in the California Desert Conservation Area, of the Bureau

of Land Management, which comprise approximately eleven thousand two hundred acres as generally depicted on a map entitled

‘‘White Mountains Wilderness Study Area—Proposed’’, dated May

1991, are hereby designated as the White Mountains Wilderness

Study Area and shall be administered by the Secretary in accordance with the provisions of section 603(c) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1782).

SEC. 106. SUITABILITY REPORT.

The Secretary is required, ten years after the date of enactment

of this Act, to report to Congress on current and planned exploration, development or mining activities on, and suitability for

future wilderness designation of, the lands as generally depicted

on maps entitled ‘‘Surprise Canyon Wilderness—Proposed’’, ‘‘Middle

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

Park Boundary and Wilderness 15’’, dated September 1991 and

a map entitled ‘‘Manly Peak Wilderness—Proposed’’, dated October

1991.

SEC. 107. DESERT LILY SANCTUARY.

(a) DESIGNATION.—There is hereby established the Desert Lily

Sanctuary within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately

two thousand forty acres, as generally depicted on a map entitled

‘‘Desert Lily Sanctuary’’, dated February 1986. The Secretary shall

administer the area to provide maximum protection to the desert

lily. (b) WITHDRAWAL.—Subject to valid existing rights, all Federal

lands within the Desert Lily Sanctuary are hereby withdrawn from

all forms of entry, appropriation, or disposal under the public land

laws; from location, entry, and patent under the United States

mining laws; and from disposition under all laws pertaining to

mineral and geothermal leasing, and mineral materials, and all

amendments thereto.

SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL

CONCERN.

(a) DESIGNATION.—There is hereby established the Dinosaur

Trackway Area of Critical Environmental Concern within the

California Desert Conservation Area, of the Bureau of Land

Management, comprising approximately five hundred and ninety

acres as generally depicted on a map entitled ‘‘Dinosaur Trackway

Area of Critical Environmental Concern’’, dated July 1993. The
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Secretary shall administer the area to preserve the paleontological

resources within the area.

(b) WITHDRAWAL.—Subject to valid existing rights, the Federal

lands within and adjacent to the Dinosaur Trackway Area of Critical

Environmental Concern, as generally depicted on a map entitled

‘‘Dinosaur Trackway Mineral Withdrawal Area’’, dated July 1993,

are hereby withdrawn from all forms of entry, appropriation, or

disposal under the public land laws; from location, entry, and patent

under the United States mining laws; and from disposition under

all laws pertaining to mineral and geothermal leasing, and mineral

materials, and all amendments thereto.

TITLE II—DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED

BY THE UNITED STATES FISH AND

WILDLIFE SERVICE

SEC. 201. DESIGNATION AND MANAGEMENT.

(a) DESIGNATION.—In furtherance of the purposes of the Wilderness Act, the following lands are hereby designated as wilderness

and therefore, as components of the National Wilderness Preservation System:

(1) Certain lands in the Havasu National Wildlife Refuge,

California, which comprise approximately three thousand one

hundred and ninety-five acres, as generally depicted on a map

entitled ‘‘Havasu Wilderness—Proposed’’, and dated October

1991, and which shall be known as the Havasu Wilderness.

(2) Certain lands in the Imperial National Wildlife Refuge,

California, which comprise approximately five thousand eight

hundred and thirty-six acres, as generally depicted on two

maps entitled ‘‘Imperial Refuge Wilderness—Proposed 1’’ and

‘‘Imperial Refuge Wilderness—Proposed 2’’, and dated October

1991, and which shall be known as the Imperial Refuge Wilderness.

(b) MANAGEMENT.—Subject to valid existing rights, the wilderness areas designated under this title shall be administered by

the Secretary in accordance with the provisions of the Wilderness

Act governing areas designated by that Act as wilderness, except

that any reference in such provisions to the effective date of the

Wilderness Act (or any similar reference) shall be deemed to be

a reference to the date of enactment of this Act.

(c) MAPS AND LEGAL DESCRIPTION.—As soon as practicable after

enactment of this title, the Secretary shall file a map and a legal

description of each wilderness area designated under this section

with the Committees on Energy and Natural Resources and

Environment and Public Works of the United States Senate and

Natural Resources and Merchant Marine and Fisheries of the

United States House of Representatives. Such map and description

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

except that correction of clerical and typographical errors in such

legal description and map may be made. Such map and legal

description shall be on file and available for public inspection in

the Office of the Director, United States Fish and Wildlife Service,

Department of the Interior.
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SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.

Nothing in this title shall be construed to affect the operation

of federally owned dams located on the Colorado River in the

Lower Basin.

SEC. 203. NO EFFECT ON UPPER BASIN.

Nothing in this Act shall amend, construe, supersede, or preempt any State law, Federal law, interstate compact, or international treaty pertaining to the Colorado River (including its tributaries) in the Upper Basin, including, but not limited to the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of those rivers.

SEC. 204. COLORADO RIVER.

With respect to the Havasu and Imperial wilderness areas

designated by subsection 201(a) of this title, no rights to water

of the Colorado River are reserved, either expressly, impliedly,

or otherwise.

TITLE III—DEATH VALLEY NATIONAL

PARK

SEC. 301. FINDINGS.

The Congress hereby finds that—

(1) proclamations by Presidents Herbert Hoover in 1933

and Franklin Roosevelt in 1937 established and expanded the

Death Valley National Monument for the preservation of the

unusual features of scenic, scientific, and educational interest

therein contained;

(2) Death Valley National Monument is today recognized

as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors; (3) the monument boundaries established in the 1930’s

exclude and thereby expose to incompatible development and

inconsistent management, contiguous Federal lands of essential

and superlative natural, ecological, geological, archeological,

paleontological, cultural, historical ad wilderness values; (4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands

of national park caliber and afforded full recognition and statutory protection as a National Park; and (5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the

Wilderness Act.

SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.

There is hereby established the Death Valley National Park (hereinafter in this title referred to as the ‘‘park’’) as generally

depicted on twenty-three maps entitled ‘‘Death Valley National

Park Boundary and Wilderness—Proposed’’, numbered in the title

one through twenty-three, and dated July 1993 or prior, which

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

of the Superintendent of the park and the Director of the National

Park Service, Department of the Interior. The Death Valley

National Monument is hereby abolished as such, the lands and

interests therein are hereby incorporated within and made part
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of the new Death Valley National Park, and any funds available

for purposes of the monument shall be available for purposes of

the park.

SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.

Upon enactment of this title, the Secretary shall transfer the

lands under the jurisdiction of the Bureau of Land Management

depicted in the maps described in section 302 of this title, without

consideration, to the administrative jurisdiction of the National

Park Service for administration as part of the National Park System, and the boundary of the park shall be adjusted accordingly.

The Secretary shall administer the areas added to the park by

this title in accordance with the provisions of law generally

applicable to units of the National Park System, including the

Act entitled ‘‘An Act to establish a National Park Service, and

for other purposes’’, approved August 25, 1916 (39 Stat. 535; 16

U.S.C. 1, 2–4).

SEC. 304. MAPS AND LEGAL DESCRIPTION.

Within six months after the enactment of this title, the Secretary shall file maps and a legal description of the park designated

under this title with the Committee on Energy and Natural

Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such

maps and legal description shall have the same force and effect

as if included in this title, except that the Secretary may correct

clerical and typographical errors in such legal description and in

the maps referred to in section 302. The maps and legal description

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

of the Superintendent of the park and the Director of the National

Park Service, Department of the Interior.

SEC. 305. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within the

park are hereby withdrawn from all forms of entry, appropriation,

or disposal under the public land laws; from location, entry, and

patent under the United States mining laws; and from disposition

under all laws pertaining to mineral and geothermal leasing, and

mineral materials, and all amendments thereto.

SEC. 306. GRAZING.

(a) IN GENERAL.—The privilege of grazing domestic livestock

on lands within the park shall continue to be exercised at no

more than the current level, subject to applicable laws and National

Park Service regulations.

(b) SALE OF PROPERTY.—If a person holding a grazing permit

referred to in subsection (a) informs the Secretary that such permittee is willing to convey to the United States any base property

with respect to which such permit was issued and to which such

permittee holds title, the Secretary shall make the acquisition of

such base property a priority as compared with the acquisition

of other lands within the park, provided agreement can be reached

concerning the terms and conditions of such acquisition. Any such

base property which is located outside the park and acquired as

a priority pursuant to this section shall be managed by the Federal

agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.
S. 21—17

SEC. 307. DEATH VALLEY NATIONAL PARK ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission of

no more than fifteen members, to advise the Secretary concerning

the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.

(b)(1) The advisory commission shall include an elected official

for each County within which any part of the park is located,

a representative of the owners of private properties located within

or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management,

mineral exploration and development, and persons with expertise

in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park

resources and values.

(2) Vacancies in the advisory commission shall be filled by

the Secretary so as to maintain the full diversity of views required

to be represented on the advisory commission.

(c) The Federal Advisory Committee Act shall apply to the

procedures and activities of the advisory commission.

(d) The advisory commission shall cease to exist ten years

after the date of its establishment.

SEC. 308. BOUNDARY ADJUSTMENT.

In preparing the maps and legal descriptions required by sections 304 and 602 of this Act, the Secretary shall adjust the boundaries of the Death Valley National Park and Death Valley National

Park Wilderness so as to exclude from such National Park and

Wilderness the lands generally depicted on the map entitled ‘‘Porter

Mine (Panamint Range) Exclusion Area’’ dated June 1994.

TITLE IV—JOSHUA TREE NATIONAL

PARK

SEC. 401. FINDINGS.

The Congress finds that—

(1) a proclamation by President Franklin Roosevelt in 1936

established Joshua Tree National Monument to protect various

objects of historical and scientific interest;

(2) Joshua Tree National Monument today is recognized

as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;

(3) the monument boundaries as modified in 1950 and

1961 exclude and thereby expose to incompatible development

and inconsistent management, contiguous Federal lands of

essential and superlative natural, ecological, archeological,

paleontological, cultural, historical, and wilderness values;

(4) Joshua Tree National Monument should be enlarged

by the addition of contiguous Federal lands of national park

caliber, and afforded full recognition and statutory protection

as a National Park; and

(5) the nondesignated wilderness within Joshua Tree

should receive statutory protection by designation pursuant

to the Wilderness Act.
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SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.

There is hereby established the Joshua Tree National Park, (hereinafter in this section referred to as the ‘‘park’’), as generally

depicted on a map entitled ‘‘Joshua Tree National Park Boundary—

Proposed’’, dated May 1991, and four maps entitled ‘‘Joshua Tree

National Park Boundary and Wilderness’’, numbered in the title

one through four, and dated October 1991 or prior, which shall

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

Superintendent of the park and the Director of the National Park

Service, Department of the Interior. The Joshua Tree National

Monument is hereby abolished as such, the lands and interests

therein are hereby incorporated within and made part of the new

Joshua Tree National Park, and any funds available for purposes

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

SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.

Upon enactment of this title, the Secretary shall transfer the

lands under the jurisdiction of the Bureau of Land Management

depicted on the maps described in section 402 of this title, without

consideration, to the administrative jurisdiction of the National

Park Service for administration as part of the National Park System. The boundaries of the park shall be adjusted accordingly.

The Secretary shall administer the areas added to the park by

this title in accordance with the provisions of law generally

applicable to units of the National Park System, including the

Act entitled ‘‘An Act to establish a National Park Service, and

for other purposes’’, approved August 25, 1916 (39 Stat. 535; 16

U.S.C. 1, 2–4).

SEC. 404. MAPS AND LEGAL DESCRIPTION.

Within six months after the date of enactment of this title,

the Secretary shall file maps and legal description of the park

with the Committee on Energy and Natural Resources of the United

States Senate and the Committee on Natural Resources of the

United States House of Representatives. Such maps and legal

description shall have the same force and effect as if included

in this title, except that the Secretary may correct clerical and

typographical errors in such legal description and maps. The maps

and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

SEC. 405. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within the

park are hereby withdrawn from all forms of entry, appropriation,

or disposal under the public land laws; from location, entry, and

patent under the United States mining laws; and from disposition

under all laws pertaining to mineral and geothermal leasing, and

mineral materials, and all amendments thereto.

SEC. 406. UTILITY RIGHTS-OF-WAY.

Nothing in this title shall have the effect of terminating any

validly issued right-of-way or customary operation, maintenance,

repair, and replacement activities in such right-of-way, issued,

granted, or permitted to the Metropolitan Water District pursuant

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

is located on lands included in the Joshua Tree National Park,

but outside lands designated as wilderness under section 601(a)(2).
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Such activities shall be conducted in a manner which will minimize

the impact on park resources. Nothing in this title shall have

the effect of terminating the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under

such lands granted to the Metropolitan Water District pursuant

to the Act of June 18, 1932 (47 Stat. 324), which are located

on lands included in the Joshua Tree National Park, but outside

lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact

on park resources. The Secretary shall prepare within one hundred

and eighty days after the date of enactment of this Act, in consultation with the Metropolitan Water District, plans for emergency

access by the Metropolitan Water District to its lands and rightsof-way.

SEC. 407. JOSHUA TREE NATIONAL PARK ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission of

no more than fifteen members, to advise the Secretary concerning

the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.

(b)(1) The advisory commission shall include an elected official

for each County within which any part of the park is located,

a representative of the owners of private properties located within

or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management,

mineral exploration and development, and persons with expertise

in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park

resources and values.

(2) Vacancies in the advisory commission shall be filled by

the Secretary so as to maintain the full diversity of views required

to be represented on the advisory commission.

(c) The Federal Advisory Committee Act shall apply to the

procedures and activities of the advisory commission.

(d) The advisory commission shall cease to exist ten years

after the date of its establishment.

TITLE V—MOJAVE NATIONAL

PRESERVE

SEC. 501. FINDINGS.

The Congress hereby finds that—

(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert

resources, but do not embrace the particular ecosystems and

transitional desert type found in the Mojave Desert area lying

between them on public lands now afforded only impermanent

administrative designation as a national scenic area;

(2) the Mojave Desert area possesses outstanding natural,

cultural, historical, and recreational values meriting statutory

designation and recognition as a unit of the National Park

System;

(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;
S. 21—20

(4) the wilderness within the Mojave Desert should receive

maximum statutory protection by designation pursuant to the

Wilderness Act; and

(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals

with disabilities, consistent with section 504 of the Rehabilitation Act of 1973, Public Law 101–336, the Americans With

Disabilities Act of 1990 (42 U.S.C. 12101), and other appropriate

laws and regulations.

SEC. 502. ESTABLISHMENT OF THE MOJAVE NATIONAL PRESERVE.

There is hereby established the Mojave National Preserve,

comprising approximately one million four hundred nineteen thousand eight hundred acres, as generally depicted on a map entitled

‘‘Mojave National Park Boundary—Proposed’’, dated May 17, 1994,

which shall be on file and available for inspection in the appropriate

offices of the Director of the National Park Service, Department

of the Interior.

SEC. 503. TRANSFER OF LANDS.

Upon enactment of this title, the Secretary shall transfer the

lands under the jurisdiction of the Bureau of Land Management

depicted on the maps described in section 502 of this title, without

consideration, to the administrative jurisdiction of the Director of

the National Park Service. The boundaries of the public lands

shall be adjusted accordingly.

SEC. 504. MAPS AND LEGAL DESCRIPTION.

Within six months after the date of enactment of this title,

the Secretary shall file maps and a legal description of the preserve

designated under this title with the Committee on Energy and

Natural Resources of the United States Senate and the Committee

on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force

and effect as if included in this title, except that the Secretary

may correct clerical and typographical errors in such legal description and in the maps referred to in section 502. The maps and

legal description shall be on file and available for public inspection

in the appropriate offices of the National Park Service, Department

of the Interior.

SEC. 505. ABOLISHMENT OF SCENIC AREA.

The East Mojave National Scenic Area, designated on January

13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR

36210), is hereby abolished.

SEC. 506. ADMINISTRATION OF LANDS.

(a) The Secretary shall administer the preserve in accordance

with this title and with the provisions of law generally applicable

to units of the National Park System, including the Act entitled

‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–

4).

(b) The Secretary shall permit hunting, fishing, and trapping

on lands and waters within the preserve designated by this Act

in accordance with applicable Federal and State laws except that

the Secretary may designate areas where, and establish periods
S. 21—21

when, no hunting, fishing, or trapping will be permitted for reasons

of public safety, administration, or compliance with provisions of

applicable law. Except in emergencies, regulations closing areas

to hunting, fishing, or trapping pursuant to this subsection shall

be put into effect only after consultation with the appropriate State

agency having responsibility for fish and wildlife. Nothing in this

Act shall be construed as affecting the jurisdiction or responsibilities

of the States with respect to fish and wildlife on Federal lands

and waters covered by this title nor shall anything in this Act

be construed as authorizing the Secretary concerned to require

a Federal permit to hunt, fish, or trap on Federal lands and waters

covered by this title.

SEC. 507. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within the preserve are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry,

and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing,

and mineral materials, and all amendments thereto.

SEC. 508. REGULATION OF MINING.

Subject to valid existing rights, all mining claims located within

the preserve shall be subject to all applicable laws and regulations

applicable to mining within units of the National Park System,

including the Mining in the Parks Act (16 U.S.C. 1901 et seq.),

and any patent issued after the date of enactment of this title

shall convey title only to the minerals together with the right

to use the surface of lands for mining purposes, subject to such

laws and regulations.

SEC. 509. STUDY AS TO VALIDITY OF MINING CLAIMS.

(a) The Secretary shall not approve any plan of operation

prior to determining the validity of the unpatented mining claims,

mill sites, and tunnel sites affected by such plan within the preserve

and shall submit to Congress recommendations as to whether any

valid or patented claims should be acquired by the United States,

including the estimated acquisition costs of such claims, and a

discussion of the environmental consequences of the extraction of

minerals from these lands.

(b)(1) Notwithstanding any other provision of law, the Secretary

shall permit the holder or holders of mining claims identified on

the records of the Bureau of Land Management as Volco #A CAMC

105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2

CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco

5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403,

Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after the date of

enactment of this title, subject to the same regulations as applied

to such activities on such claims on the day before such date

of enactment.

(2) At the end of the period specified in paragraph (1), or

sooner if so requested by the holder or holders of the claims specified

in such paragraph, the Secretary shall determine whether there

has been a discovery of valuable minerals on such claims and

whether, if such discovery had been made on or before July 1,

1994, such claims would have been valid as of such date under

the mining laws of the United States in effect on such date.
S. 21—22

(3) If the Secretary, pursuant to paragraph (2), makes an

affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted

to continue to operate such claims subject only to such regulations

as applied on July 1, 1994 to the exercise of valid existing rights

on patented mining claims within a unit of the National Park

System.

SEC. 510. GRAZING.

(a) The privilege of grazing domestic livestock on lands within

the preserve shall continue to be exercised at no more than the

current level, subject to applicable laws and National Park Service

regulations.

(b) If a person holding a grazing permit referred to in subsection

(a) informs the Secretary that such permittee is willing to convey

to the United States any base property with respect to which

such permit was issued and to which such permittee holds title,

the Secretary shall make the acquisition of such base property

a priority as compared with the acquisition of other lands within

the preserve, provided agreement can be reached concerning the

terms and conditions of such acquisition. Any such base property

which is located outside the preserve and acquired as a priority

pursuant to this section shall be managed by the Federal agency

responsible for the majority of the adjacent lands in accordance

with the laws applicable to such adjacent lands.

SEC. 511. UTILITY RIGHTS OF WAY.

(a)(1) Nothing in this title shall have the effect of terminating

any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way,

issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included

in the Mojave National Preserve, but outside lands designated

as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve

resources.

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

the upgrading of an existing electrical transmission line for the

purpose of increasing the capacity of such transmission line in

the Southern California Edison Company validly issued EldoradoLugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted,

or permitted by the Secretary adjacent to the existing MojaveLugo Transmission Line right-of-way (hereafter in this section

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

a replacement transmission line: Provided, That—

(A) in the Eldorado-Lugo Transmission Line rights-of-way

(hereafter in this section referred to as the ‘‘Eldorado rightsof-way’’) at no time shall there be more than three electrical

transmission lines;

(B) in the Mojave-Lugo Transmission Line right-of-way

(hereafter in this section referred to as the ‘‘Mojave rightof-way’’) and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be

completed no later than three years after the date on which

construction of the upgraded transmission line begins, after

which time there may be only one electrical transmission line
S. 21—23

in the lands encompassed by Mojave right-of-way and adjacent

right-of-way;

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

lines in the Eldorado rights-of-way, two electrical transmission

lines in the lands encompassed by the Mojave right-of-way

and adjacent right-of-way may be allowed;

(D) in the Eldorado rights-of-way and Mojave right-of-way

no additional land shall be issued, granted, or permitted for

such upgrade unless an addition would reduce the impacts

to preserve resources;

(E) no more than 350 feet of additional land shall be

issued, granted, or permitted for an adjacent right-of-way to

the south of the Mojave right-of-way unless a greater addition

would reduce the impacts to preserve resources; and

(F) such upgrade activities, including helicopter aided

construction, shall be conducted in a manner which will minimize the impact on preserve resources.

(3) The Secretary shall prepare within one hundred and eighty

days after the date of enactment of this title, in consultation with

the Southern California Edison Company, plans for emergency

access by the Southern California Edison Company to its rightsof-way.

(b)(1) Nothing in this title shall have the effect of terminating

any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way;

prohibiting the upgrading of and construction on existing facilities

in such right-of-way for the purpose of increasing the capacity

of the existing pipeline; or prohibiting the renewal of such rightof-way issued, granted, or permitted to the Southern California

Gas Company, its successors or assigns, which is located on lands

included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall

be conducted in a manner which will minimize the impact on

preserve resources.

(2) The Secretary shall prepare within one hundred and eighty

days after the date of enactment of this title, in consultation with

the Southern California Gas Company, plans for emergency access

by the Southern California Gas Company to its rights-of-way. (c) Nothing in this title shall have the effect of terminating

any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued,

granted, or permitted for communications cables or lines, which

are located on lands included in the Mojave National Preserve,

but outside lands designated as wilderness under section 601(a)(3).

Such activities shall be conducted in a manner which will minimize

the impact on preserve resources.

(d) Nothing in this title shall have the effect of terminating

any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued,

granted, or permitted to Molybdenum Corporation of America;

Molycorp, Incorporated; or Union Oil Company of California (d/

b/a Unocal Corporation); or its successors or assigns, or prohibiting

renewal of such right-of-way, which is located on lands included

in the Mojave National Preserve, but outside lands designated

as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve

resources.
S. 21—24

SEC. 512. PREPARATION OF MANAGEMENT PLAN.

Within three years after the date of enactment of this title, the Secretary shall submit to the Committee on Energy and Natural

Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a

detailed and comprehensive management plan for the preserve.

Such plan shall place emphasis on historical and cultural sites

and ecological and wilderness values within the boundaries of the

preserve. Such plan shall evaluate the feasibility of using the Kelso

Depot and existing railroad corridor to provide public access to

and a facility for special interpretive, educational, and scientific

programs within the preserve. Such plan shall specifically address

the needs of individuals with disabilities in the design of services,

programs, accommodations and facilities consistent with section

504 of the Rehabilitation Act of 1973, Public Law 101-336, the

Americans with Disabilities Act of 1990 (42 U.S.C. 12101), and

other appropriate laws and regulations.

SEC. 513. GRANITE MOUNTAINS NATURAL RESERVE.

(a) ESTABLISHMENT.—There is hereby designated the Granite

Mountains Natural Reserve within the preserve comprising approximately nine thousand acres as generally depicted on a map entitled

‘‘Mojave National Park Boundary and Wilderness—Proposed 6’’,

dated May 1991.

(b) COOPERATIVE MANAGEMENT AGREEMENT.—Upon enactment

of this title, the Secretary shall enter into a cooperative management agreement with the University of California for the purposes

of managing the lands within the Granite Mountains Natural

Reserve. Such cooperative agreement shall ensure continuation of

arid lands research and educational activities of the University

of California, consistent with the provisions of this title and laws

generally applicable to units of the National Park System.

SEC. 514. SODA SPRINGS DESERT STUDY CENTER.

Upon enactment of this title, the Secretary shall enter into

a cooperative management agreement with California State University for the purposes of managing facilities at the Soda Springs

Desert Study Center. Such cooperative agreement shall ensure

continuation of the desert research and educational activities of

California State University, consistent with the provisions of this

title and laws generally applicable to units of the National Park

System.

SEC. 515. CONSTRUCTION OF VISITOR CENTER.

The Secretary is authorized to construct a visitor center in

the preserve for the purpose of providing information through appropriate displays, printed material, and other interpretive programs,

about the resources of the preserve.

SEC. 516. ACQUISITION OF LANDS.

The Secretary is authorized to acquire all lands and interest

in lands within the boundary of the preserve by donation, purchase,

or exchange, except that— (1) any lands or interests therein within the boundary

of the preserve which are owned by the State of California,

or any political subdivision thereof, may be acquired only by

donation or exchange except for lands managed by the California State Lands Commission; and
S. 21—25

(2) lands or interests therein within the boundary of the

preserve which are not owned by the State of California or

any political subdivision thereof may be acquired only with

the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity

for comment, that the property is being developed, or proposed

to be developed, in a manner which is detrimental to the

integrity of the preserve or which is otherwise incompatible

with the purposes of this title: Provided, however, That the

construction, modification, repair, improvement, or replacement

of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with

the purposes of this title.

SEC. 517. ACQUIRED LANDS TO BE MADE PART OF MOJAVE NATIONAL

PRESERVE.

Any lands acquired by the Secretary under this title shall

become part of the Mojave National Preserve.

SEC. 518. MOJAVE NATIONAL PRESERVE ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission of

no more than fifteen members, to advise the Secretary concerning

the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.

(b)(1) The advisory commission shall include an elected official

for each County within which any part of the preserve is located,

a representative of the owners of private properties located within

or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with

expertise in relevant fields, including geology, biology, ecology, law

enforcement, and the protection and management of National Park

resources and values.

(2) Vacancies in the advisory commission shall be filled by

the Secretary so as to maintain the full diversity of views required

to be represented on the advisory commission. (c) The Federal Advisory Committee Act shall apply to the

procedures and activities of the advisory commission. (d) The advisory commission shall cease to exist ten years

after the date of its establishment.

SEC. 519. NO ADVERSE AFFECT ON LAND UNTIL ACQUIRED.

Unless and until acquired by the United States, no lands within

the boundaries of wilderness areas or National Park System units

designated or enlarged by this Act that are owned by any person

or entity other than the United States shall be subject to any

of the rules or regulations applicable solely to the Federal lands

within such boundaries and may be used to the extent allowed

by applicable law. Neither the location of such lands within such

boundaries nor the possible acquisition of such lands by the United

States shall constitute a bar to the otherwise lawful issuance of

any Federal license or permit other than a license or permit related

to activities governed by 16 U.S.C. 460l–22(c). Nothing in this

section shall be construed as affecting the applicability of any

provision of the Mining in the Parks Act (16 U.S.C. 1901 et seq.),

the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicable

to oil and gas development as set forth in 36 CFR 9B.
S. 21—26

TITLE VI—NATIONAL PARK SYSTEM

WILDERNESS

SEC. 601. DESIGNATION OF WILDERNESS.

(a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1311 et seq.), the following lands within the

units of the National Park System designated by this Act are

hereby designated as wilderness, and therefore, as components of

the National Wilderness Preservation System: (1) Death Valley National Park Wilderness, comprising approximately three million one hundred fifty-eight thousand

thirty-eight acres, as generally depicted on twenty-three maps

entitled ‘‘Death Valley National Park Boundary and Wilderness’’, numbered in the title one through twenty-three, and

dated October 1993 or prior, and three maps entitled ‘‘Death

Valley National Park Wilderness’’, numbered in the title one

through three, and dated July 1993 or prior, and which shall

be known as the Death Valley Wilderness. (2) Joshua Tree National Park Wilderness Additions,

comprising approximately one hundred thirty-one thousand

seven hundred and eighty acres, as generally depicted on four

maps entitled ‘‘Joshua Tree National Park Boundary and

Wilderness—Proposed’’, numbered in the title one through four,

and dated October 1991 or prior, and which are hereby incorporated in, and which shall be deemed to be a part of the

Joshua Tree Wilderness as designated by Public Law 94–567. (3) Mojave National Preserve Wilderness, comprising

approximately six hundred ninety-five thousand two hundred

acres, as generally depicted on ten maps entitled ‘‘Mojave

National Park Boundary and Wilderness—Proposed’’, and numbered in the title one through ten, and dated March 1994

or prior, and seven maps entitled ‘‘Mojave National Park

Wilderness—Proposed’’, numbered in the title one through

seven, and dated March 1994 or prior, and which shall be

known as the Mojave Wilderness.

(b) POTENTIAL WILDERNESS.—Upon cessation of all uses prohibited by the Wilderness Act and publication by the Secretary in

the Federal Register of notice of such cessation, potential wilderness, comprising approximately six thousand eight hundred and

forty acres, as described in ‘‘1988 Death Valley National Monument

Draft General Management Plan Draft Environmental Impact

Statement’’ (hereafter in this title referred to as ‘‘Draft Plan’’)

and as generally depicted on map in the Draft Plan entitled ‘‘Wilderness Plan Death Valley National Monument’’, dated January 1988,

and which shall be deemed to be a part of the Death Valley

Wilderness as designated in paragraph (a)(1). Lands identified in

the Draft Plan as potential wilderness shall be managed by the

Secretary insofar as practicable as wilderness until such time as

said lands are designated as wilderness.

SEC. 602. FILING OF MAPS AND DESCRIPTIONS.

Maps and a legal description of the boundaries of the areas

designated in section 601 of this title shall be on file and available

for public inspection in the appropriate offices of the National

Park Service, Department of the Interior. As soon as practicable

after the date of enactment of this title, maps and legal descriptions
S. 21—27

of the wilderness areas shall be filed with the Committee on Energy

and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, and such maps and legal descriptions shall have the same

force and effect as if included in this title, except that the Secretary

may correct clerical and typographical errors in such maps and

legal descriptions.

SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.

The areas designated by section 601 of this title as wilderness shall be administered by the Secretary in accordance with the

applicable provisions of the Wilderness Act governing areas designated by that title as wilderness, except that any reference in

such provision to the effective date of the Wilderness Act shall

be deemed to be a reference to the effective date of this title,

and where appropriate, and reference to the Secretary of Agriculture

shall be deemed to be a reference to the Secretary of the Interior.

TITLE VII—MISCELLANEOUS

PROVISIONS

SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK.

Upon enactment of this title, the Secretary shall transfer to the State of California certain lands within the California Desert

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

comprising approximately twenty thousand five hundred acres, as

generally depicted on two maps entitled ‘‘Red Rock Canyon State

Park Additions 1’’ and ‘‘Red Rock Canyon State Park Additions

2’’, dated May 1991, for inclusion in the State of California Park

System. Should the State of California cease to manage these lands

as part of the State Park System, ownership of the lands shall

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

of California Desert Conservation Area to provide maximum protection for the area’s scenic and scientific values.

SEC. 702. LAND TENURE ADJUSTMENTS.

In preparing land tenure adjustment decisions with the Califor- nia Desert Conservation Area, of the Bureau of Land Management,

the Secretary shall give priority to consolidating Federal ownership

within the national park units and wilderness areas designated

by this Act.

SEC. 703. LAND DISPOSAL.

Except as provided in section 406 of this Act, none of the

lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made

available for use by the Metropolitan Water District or any other

agencies or persons pursuant to the Boulder Canyon Project Act

(43 U.S.C. 617–619b) or any similar Acts.

SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.

Any lands within the boundaries of a wilderness area designated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they

are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness

area.
S. 21—28

SEC. 705. NATIVE AMERICAN USES AND INTERESTS.

(a) ACCESS.—In recognition of the past use of the National

Park System units and wilderness areas designed under this Act

by Indian people for traditional cultural and religious purposes,

the Secretary shall ensure access to such park system units and

wilderness areas by Indian people for such traditional cultural

and religious purposes. In implementing this section, the Secretary,

upon the request of an Indian tribe or Indian religious community,

shall temporarily close to the general public use of one or more

specific portions of the park system unit or wilderness area in

order to protect the privacy of traditional cultural and religious

activities in such areas by Indian people. Any such closure shall

be made to affect the smallest practicable area for the minimum

period necessary for such purposes. Such access shall be consistent

with the purpose and intent of Public Law 95–341 (42 U.S.C.

1996) commonly referred to as the ‘‘American Indian Religious

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

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

(b) STUDY.—(1) The Secretary, in consultation with the

Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, to identify

lands suitable for a reservation for the Timbisha Shoshone Tribe

that are located within the Tribe’s aboriginal homeland area within

and outside the boundaries of the Death Valley National Monument

and the Death Valley National Park, as described in title III of

this Act.

(2) Not later than 1 year after the date of enactment of this

title, the Secretary shall submit a report to the Committee on

Energy and Natural Resources and the Committee on Indian Affairs

of the United States Senate, and the Committee on Natural

Resources of the United States House of Representatives on the

results of the study conducted under paragraph (1).

SEC. 706. FEDERAL RESERVED WATER RIGHTS.

(a) Except as otherwise provided in section 204 of this Act,

with respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the

purposes of this Act. The priority date of such reserved water

rights shall be the date of enactment of this Act. (b) The Secretary and all other officers of the United States

shall take all steps necessary to protect the rights reserved by

this section, including the filing by the Secretary of a claim for

the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of California

in which the United States is or may be joined in accordance

with section 208 of the Act of July 10, 1952 (66 Stat. 560, 43

U.S.C. 666), commonly referred to as the McCarran Amendment.

(c) Nothing in this Act shall be construed as a relinquishment

or reduction of any water rights reserved or appropriated by the

United States in the State of California on or before the date

of enactment of this Act.

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

to the wilderness area located in the State of California designated

under this Act. Nothing in this Act related to the reserved Federal

water rights shall be construed as establishing a precedent with

regard to any future designations, nor shall it constitute an

interpretation of any other Act or any designation made thereto.
S. 21—29

SEC. 707. CALIFORNIA STATE SCHOOL LANDS.

(a) NEGOTIATIONS TO EXCHANGE.—Upon request of the Califor- nia State Lands Commission (hereinafter in this section referred

to as the ‘‘Commission’’), the Secretary shall enter into negotiations

for an agreement to exchange Federal lands or interests therein

on the list referred to in subsection (b)(2) for California State

School lands or interests therein which are located within the

boundaries of one or more of the wilderness areas or park system

units designated by this Act (hereinafter in this section referred

to as ‘‘State School lands.’’). The Secretary shall negotiate in good

faith to reach a land exchange agreement consistent with the

requirements of section 206 of the Federal Land Policy and Management Act of 1976.

(b) PREPARATION OF LIST.—Within six months after the date

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

and to the Committee on Energy and Natural Resources of the

United States Senate and the Committee on Natural Resources

of the United States House of Representatives a list of the following: (1) State School lands or interests therein (including min- eral interests) which are located within the boundaries of the

wilderness areas or park system units designated by this Act.

(2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following priority—

(A) lands with mineral interests, including geothermal,

which have the potential for commercial development but

which are not currently under mineral lease or producing

Federal mineral revenues;

(B) Federal claims in California managed by the

Bureau of Reclamation that the Secretary determines are

not needed for any Bureau of Reclamation project; and (C) any public lands in California that the Secretary,

pursuant to the Federal Land Policy and Management

Act of 1976, has determined to be suitable for disposal

through exchange.

(3) Any other Federal land, or interest therein, within

the State of California, which is or becomes surplus to the

needs of the Federal Government. The Secretary may exclude,

in the Secretary’s discretion, lands located within, or contiguous

to, the exterior boundaries of lands held in trust for a federally

recognized Indian tribe located in the State of California. (4) The Secretary shall maintain such list and shall

annually transmit such list to the Committee on Energy and

Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in

paragraph (1) have been acquired.

(c) DISPOSAL OF SURPLUS FEDERAL PROPERTY.—(1) Effective

upon the date of enactment of this title and until all State School

lands identified in paragraph (b)(1) of this section are acquired,

no Federal lands or interests therein within the State of California

may be disposed of from Federal ownership unless—

(A) the Secretary is notified of the availability of such

lands or interest therein;

(B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and
S. 21—30

(C) the Commission has not notified the Secretary within six months that it wishes to consider entering into an exchange

for such lands or interests therein.

(2) If the Commission notifies the Secretary that it wishes to consider an exchange for such lands or interests therein, the

Secretary shall attempt to conclude such exchange in accordance

with the provisions of this section as quickly as possible. (3) If an agreement is reached and executed with the Commis- sion, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary

shall be vested with administrative jurisdiction over such land

or interests therein for the purpose of concluding such exchange. (4) Upon the acquisition of all State School lands or upon

notice by the Commission to the Secretary that it no longer has

an interest in such lands or interests therein, such lands or interests

shall be released to the agency that originally had jurisdiction

over such lands or interests for disposal in accordance with the

laws otherwise applicable to such lands or interests. (d) NO EFFECT ON MILITARY BASE CLOSURES.—The provisions

of this section shall not apply to the disposal of property under

title II of the Defense Authorization Amendments and Base Closure

and Realignment Act (Public Law 100–526; 102 Stat. 2627; 10

U.S.C. 2687 note) or the Defense Base Closure and Realignment

Act of 1990 (Public Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687

note).

SEC. 708. ACCESS TO PRIVATE PROPERTY.

The Secretary shall provide adequate access to nonfederally owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which

will provide the owner of such land or interest the reasonable

use and enjoyment thereof.

SEC. 709. FEDERAL FACILITIES FEE EQUITY.

(a) POLICY STATEMENT.—It is the intent of Congress that entrance, tourism or recreational use fees for use of Federal lands

and facilities not discriminate against any State or any region

of the country. (b) FEE STUDY.—The Secretary, in cooperation with other affected agencies, shall prepare and submit a report by May 1,

1996 to the Committee on Energy and Natural Resources of the

United States Senate, the Committee on Natural Resources of the

United States House of Representatives, and any other relevant

committees, which shall—

(1) identify all Federal lands and facilities that provide recreational or tourism use; and

(2) analyze by State and region any fees charged for entrance, recreational or tourism use, if any, on Federal lands

or facilities in a State or region, individually and collectively.

(c) RECOMMENDATIONS.—Following completion of the report in

subsection (b), the Secretary, in cooperation with other affected

agencies, shall prepare and submit a report by May 1, 1997 to

the Committee on Energy and Natural Resources of the United

States Senate, the Committee on Natural Resources of the United

States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary

deems appropriate for implementing the congressional intent outlined in subsection (a).
S. 21—31

SEC. 710. LAND APPRAISAL.

Lands and interests in lands acquired pursuant to this Act

shall be appraised without regard to the presence of a species

listed as threatened or endangered pursuant to the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 711. DEFINITION.

Any reference to the term ‘‘this Act’’ in titles I through IX shall be deemed to be solely a reference to sections 1 and 2,

and titles I through IX.

TITLE VIII—MILITARY LANDS AND

OVERFLIGHTS

SEC. 801. SHORT TITLE AND FINDINGS.

(a) SHORT TITLE.—This title may be cited as the ‘‘California

Military Lands Withdrawal and Overflights Act of 1994’’.

(b) FINDINGS.—The Congress finds that—

(1) military aircraft testing and training activities as well

as demilitarization activities in California are an important

part of the national defense system of the United States, and

are essential in order to secure for the American people of

this and future generations an enduring and viable national

defense system;

(2) the National Park System units and wilderness areas

designated by this Act lie within a region critical to providing

training, research, and development for the Armed Forces of

the United States and its allies;

(3) there is a lack of alternative sites available for these

military training, testing, and research activities;

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

desert region is essential for military purposes; and

(5) continuation of these military activities, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental,

cultural, and other resources and values of the Federal lands

in the California desert area.

SEC. 802. MILITARY OVERFLIGHTS.

(a) OVERFLIGHTS.—Nothing in this Act, the Wilderness Act,

or other land management laws generally applicable to the new

units of the National Park or Wilderness Preservation Systems

(or any additions to existing units) designated by this Act, shall

restrict or preclude low-level overflights of military aircraft over

such units, including military overflights that can be seen or heard

within such units.

(b) SPECIAL AIRSPACE.—Nothing in this Act, the Wilderness

Act, or other land management laws generally applicable to the

new units of the National Park or Wilderness Preservation Systems

(or any additions to existing units) designated by this Act, shall

restrict or preclude the designation of new units of special airspace

or the use or establishment of military flight training routes over

such new park system or wilderness units.

(c) NO EFFECT ON OTHER LAWS.—Nothing in this section shall

be construed to modify, expand, or diminish any authority under

other Federal law.
S. 21—32

SEC. 803. WITHDRAWALS.

(a) CHINA LAKE.—(1) Subject to valid existing rights and except

as otherwise provided in this title, the Federal lands referred to

in paragraph (2), and all other areas within the boundary of such

lands as depicted on the map specified in such paragraph which

may become subject to the operation of the public land laws, are

hereby withdrawn from all forms of appropriation under the public

land laws (including the mining laws and the mineral leasing

laws). Such lands are reserved for use by the Secretary of the

Navy for—(A) use as a research, development, test, and evaluation

laboratory; (B) use as a range for air warfare weapons and weapon

systems; (C) use as a high hazard training area for aerial gunnery,

rocketry, electronic warfare and countermeasures, tactical

maneuvering and air support; (D) geothermal leasing and development and related power

production activities; and

(E) subject to the requirements of section 804(f) of this

title, other defense-related purposes consistent with the purposes specified in this paragraph.

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

lands located within the boundaries of the China Lake Naval Weapons Center, comprising approximately one million one hundred

thousand acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled ‘‘China Lake Naval

Weapons Center Withdrawal—Proposed’’, dated January 1985. (b) CHOCOLATE MOUNTAIN.—(1) Subject to valid existing rights

and except as otherwise provided in this title, the Federal lands

referred to in paragraph (2), and all other areas within the boundary

of such lands as depicted on the map specified in such paragraph

which may become subject to the operation of the public land

laws, are hereby withdrawn from all forms of appropriation under

the public land laws (including the mining laws and the mineral

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

for use by the Secretary of the Navy for—

(A) testing and training for aerial bombing, missile firing,

tactical maneuvering and air support; and

(B) subject to the provisions of section 804(f) of this title,

other defense-related purposes consistent with the purposes

specified in this paragraph.

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

lands comprising approximately two hundred twenty-six thousand

seven hundred and eleven acres in Imperial County, California,

as generally depicted on a map entitled ‘‘Chocolate Mountain Aerial

Gunnery Range Proposed—Withdrawal’’ dated July 1993.

SEC. 804. MAPS AND LEGAL DESCRIPTIONS.

(a) PUBLICATION AND FILING REQUIREMENT.—As soon as practicable after the date of enactment of this title, the Secretary

shall—

(1) publish in the Federal Register a notice containing

the legal description of the lands withdrawn and reserved by

this title; and

(2) file maps and the legal description of the lands withdrawn and reserved by this title with the Committee on Energy
S. 21—33

and Natural Resources of the United States Senate and the

Committee on Natural Resources of the United States House

of Representatives.

(b) TECHNICAL CORRECTIONS.—Such maps and legal descriptions shall have the same force and effect as if they were included

in this title except that the Secretary may correct clerical and

typographical errors in such maps and legal descriptions.

(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps

and legal descriptions shall be available for public inspection in

the appropriate offices of the Bureau of Land Management; the

office of the commander of the Naval Weapons Center, China Lake,

California; the office of the commanding officer, Marine Corps Air

Station, Yuma, Arizona; and the Office of the Secretary of Defense,

Washington, District of Columbia.

(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse

the Secretary for the cost of implementing this section.

SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.

(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—(1)

Except as provided in subsection (g), during the period of the

withdrawal the Secretary shall manage the lands withdrawn under

section 802 of this title pursuant to the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1701 et seq.) and other

applicable law, including this title.

(2) To the extent consistent with applicable law and Executive

orders, the lands withdrawn under section 802 of this title may

be managed in a manner permitting—

(A) the continuation of grazing pursuant to applicable law

and Executive orders were permitted on the date of enactment

of this title;

(B) protection of wildlife and wildlife habitat;

(C) control of predatory and other animals;

(D) recreation (but only on lands withdrawn by section 802(a) of this title (relating to China Lake)); (E) the prevention and appropriate suppression of brush

and range fires resulting from nonmilitary activities; and (F) geothermal leasing and development and related power

production activities on the lands withdrawn under section

802(a) of this title (relating to China Lake).

(3)(A) All nonmilitary use of such lands, including the uses described in paragraph (2), shall be subject to such conditions

and restrictions as may be necessary to permit the military use

of such lands for the purposes specified in or authorized pursuant

to this title.

(B) The Secretary may issue any lease, easement, right-ofway, or other authorization with respect to the nonmilitary use

of such lands only with the concurrence of the Secretary of the

Navy.

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

determines that military operations, public safety, or national security require the closure to public use of any road, trail, or other

portion of the lands withdrawn by this title, the Secretary may

take such action as the Secretary determines necessary or desirable

to effect and maintain such closure.

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

and periods which the Secretary of the Navy determines are

required to carry out this subsection.
S. 21—34

(3) Before and during any closure under this subsection, the

Secretary of the Navy shall—

(A) keep appropriate warning notices posted; and

(B) take appropriate steps to notify the public concerning

such closures.

(c) MANAGEMENT PLAN.—The Secretary (after consultation with

the Secretary of the Navy) shall develop a plan for the management

of each area withdrawn under section 802 of this title during

the period of such withdrawal. Each plan shall—

(1) be consistent with applicable law;

(2) be subject to conditions and restrictions specified in

subsection (a)(3);

(3) include such provisions as may be necessary for proper

management and protection of the resources and values of

such area; and

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

of enactment of this title.

(d) BRUSH AND RANGE FIRES.—The Secretary of the Navy shall

take necessary precautions to prevent and suppress brush and

range fires occurring within and outside the lands withdrawn under

section 802 of this title as a result of military activities and may

seek assistance from the Bureau of Land Management in the

suppression of such fires. The memorandum of understanding

required by subsection (e) shall provide for Bureau of Land Management assistance in the suppression of such fires, and for a transfer

of funds from the Department of the Navy to the Bureau of Land

Management as compensation for such assistance.

(e) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary and the Secretary of the Navy shall (with respect to each land withdrawal under section 802 of this title) enter into a memorandum

of understanding to implement the management plan developed

under subsection (c). Any such memorandum of understanding shall

provide that the Director of the Bureau of Land Management shall

provide assistance in the suppression of fires resulting from the

military use of lands withdrawn under section 802 if requested

by the Secretary of the Navy. (2) The duration of any such memorandum shall be the same

as the period of the withdrawal of the lands under section 802.

(f) ADDITIONAL MILITARY USES.—Lands withdrawn under section 802 of this title may be used for defense-related uses other

than those specified in such section. The Secretary of Defense

shall promptly notify the Secretary in the event that the lands

withdrawn by this title will be used for defense-related purposes

other than those specified in section 802. Such notification shall

indicate the additional use or uses involved, the proposed duration

of such uses, and the extent to which such additional military

uses of the withdrawn lands will require that additional or more

stringent conditions or restrictions be imposed on otherwise-permitted nonmilitary uses of the withdrawn land or portions thereof.

(g) MANAGEMENT OF CHINA LAKE.—(1) The Secretary may

assign the management responsibility for the lands withdrawn

under section 802(a) of this title to the Secretary of the Navy

who shall manage such lands, and issue leases, easements, rightsof-way, and other authorizations, in accordance with this title and

cooperative management arrangements between the Secretary and

the Secretary of the Navy: Provided, That nothing in this subsection

shall affect geothermal leases issued by the Secretary prior to
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the date of enactment of this title, or the responsibility of the

Secretary to administer and manage such leases, consistent with

the provisions of this section. In the case that the Secretary assigns

such management responsibility to the Secretary of the Navy before

the development of the management plan under subsection (c),

the Secretary of the Navy (after consultation with the Secretary)

shall develop such management plan.

(2) The Secretary shall be responsible for the issuance of any

lease, easement, right-of-way, and other authorization with respect

to any activity which involves both the lands withdrawn under

section 802(a) of this title and any other lands. Any such authorization shall be issued only with the consent of the Secretary of

the Navy and, to the extent that such activity involves lands withdrawn under section 802(a), shall be subject to such conditions

as the Secretary of the Navy may prescribe.

(3) The Secretary of the Navy shall prepare and submit to

the Secretary an annual report on the status of the natural and

cultural resources and values of the lands withdrawn under section

802(a). The Secretary shall transmit such report to the Committee

on Energy and Natural Resources of the United States Senate

and the Committee on Natural Resources of the United States

House of Representatives.

(4) The Secretary of the Navy shall be responsible for the

management of wild horses and burros located on the lands withdrawn under section 802(a) of this title and may utilize helicopters

and motorized vehicles for such purposes. Such management shall

be in accordance with laws applicable to such management on

public lands and with an appropriate memorandum of understanding between the Secretary and the Secretary of the Navy. (5) Neither this title nor any other provision of law shall be

construed to prohibit the Secretary from issuing and administering

any lease for the development and utilization of geothermal steam

and associated geothermal resources on the lands withdrawn under

section 802(a) of this title pursuant to the Geothermal Steam Act

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

no such lease shall be issued without the concurrence of the Secretary of the Navy. (6) This title shall not affect the geothermal exploration and

development authority of the Secretary of the Navy under section

2689 of title 10, United States Code, except that the Secretary

of the Navy shall obtain the concurrence of the Secretary before

taking action under that section with respect to the lands withdrawn under section 802(a).

(7) Upon the expiration of the withdrawal or relinquishment

of China Lake, Navy contracts for the development of geothermal

resources at China Lake then in effect (as amended or renewed

by the Navy after the date of enactment of this title) shall remain

in effect: Provided, That the Secretary, with the consent of the

Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract.

SEC. 806. DURATION OF WITHDRAWALS.

(a) DURATION.—The withdrawals and reservations established

by this title shall terminate twenty years after the date of enactment of this title.

(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—No later than

eighteen years after the date of enactment of this title, the Secretary
S. 21—36

of the Navy shall publish a draft environmental impact statement

concerning continued or renewed withdrawal of any portion of the

lands withdrawn by this title for which that Secretary intends

to seek such continued or renewed withdrawal. Such draft environmental impact statement shall be consistent with the requirements

of the National Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.) applicable to such a draft environmental impact statement.

Prior to the termination date specified in subsection (a), the Secretary of the Navy shall hold a public hearing on any draft environmental impact statement published pursuant to this section. Such

hearing shall be held in the State of California in order to receive

public comments on the alternatives and other matters included

in such draft environmental impact statement.

(c) EXTENSIONS OR RENEWALS.—The withdrawals established

by this title may not be extended or renewed except by an Act

or joint resolution of Congress.

SEC. 807. ONGOING DECONTAMINATION.

(a) PROGRAM.—Throughout the duration of the withdrawals

made by this title, the Secretary of the Navy, to the extent funds

are made available, shall maintain a program of decontamination

of lands withdrawn by this title at least at the level of decontamination activities performed on such lands in fiscal year 1986.

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

to the Congress the President’s proposed budget for the first fiscal

year beginning after the date of enactment of this title and for

each subsequent fiscal year, the Secretary of the Navy shall transmit to the Committees on Appropriations, Armed Services, and

Energy and Natural Resources of the United States Senate and

to the Committees on Appropriations, Armed Services, and Natural

Resources of the United States House of Representatives a description of the decontamination efforts undertaken during the previous

fiscal year on such lands and the decontamination activities proposed for such lands during the next fiscal year including— (1) amounts appropriated and obligated or expended for

decontamination of such lands;

(2) the methods used to decontaminate such lands;

(3) amount and types of contaminants removed from such

lands;

(4) estimated types and amounts of residual contamination

on such lands; and

(5) an estimate of the costs for full contamination of such

lands and the estimate of the time to complete such decontamination.

SEC. 808. REQUIREMENTS FOR RENEWAL.

(a) NOTICE AND FILING.—(1) No later than three years prior

to the termination of the withdrawal and reservation established

by this title, the Secretary of the Navy shall advise the Secretary

as to whether or not the Secretary of the Navy will have a continuing military need for any of the lands withdrawn under section

802 after the termination date of such withdrawal and reservation.

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

be a continuing military need for any of such lands after the

termination date, the Secretary of the Navy shall file an application

for extension of the withdrawal and reservation of such needed

lands in accordance with the regulations and procedures of the
S. 21—37

Department of the Interior applicable to the extension of withdrawals of lands for military uses.

(3) If, during the period of withdrawal and reservation, the

Secretary of the Navy decides to relinquish all or any of the lands

withdrawn and reserved by this title, the Secretary of the Navy

shall file a notice of intention to relinquish with the Secretary.

(b) CONTAMINATION.—(1) Before transmitting a notice of

intention to relinquish pursuant to subsection (a), the Secretary

of Defense, acting through the Department of the Navy, shall prepare a written determination concerning whether and to what

extent the lands that are to be relinquished are contaminated

with explosive, toxic, or other hazardous materials.

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

the notice of intention to relinquish.

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

the determination concerning the contaminated state of the lands

shall be published in the Federal Register by the Secretary of

the Interior.

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

a notice of intention to relinquish pursuant to subsection (a) is

contaminated, and the Secretary, in consultation with the Secretary

of the Navy, determines that decontamination is practicable and

economically feasible (taking into consideration the potential future

use and value of the land) and that upon decontamination, the

land could be opened to operation of some or all of the public

land laws, including the mining laws, the Secretary of the Navy

shall decontaminate the land to the extent that funds are appropriated for such purpose.

(d) ALTERNATIVES.—If the Secretary, after consultation with

the Secretary of the Navy, concludes that decontamination of any

land which is the subject of a notice of intention to relinquish

pursuant to subsection (a) is not practicable or economically feasible,

or that the land cannot be decontaminated sufficiently to be opened

to operation of some or all of the public land laws, or if Congress

does not appropriate a sufficient amount of funds for the decontamination of such land, the Secretary shall not be required to

accept the land proposed for relinquishment.

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

contaminated state, the Secretary declines to accept jurisdiction

over lands withdrawn by this title which have been proposed for

relinquishment, or if at the expiration of the withdrawal made

by this title the Secretary determines that some of the lands withdrawn by this title are contaminated to an extent which prevents

opening such contaminated lands to operation of the public land

laws—

(1) the Secretary of the Navy shall take appropriate steps

to warn the public of the contaminated state of such lands

and any risks associated with entry onto such lands;

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

of the Navy shall undertake no activities on such lands except

in connection with decontamination of such lands; and

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

and to the Congress concerning the status of such lands and

all actions taken in furtherance of this subsection.

(f) REVOCATION AUTHORITY.—Notwithstanding any other provision of law, the Secretary, upon deciding that it is in the public

interest to accept jurisdiction over lands proposed for relinquish-
S. 21—38

ment pursuant to subsection (a), is authorized to revoke the withdrawal and reservation established by this title as it applies to

such lands. Should the decision be made to revoke the withdrawal

and reservation, the Secretary shall publish in the Federal Register

an appropriate order which shall— (1) terminate the withdrawal and reservation;

(2) constitute official acceptance of full jurisdiction over the lands by the Secretary; and (3) state the date upon which the lands will be opened

to the operation of some or all of the public lands law, including

the mining laws.

SEC. 809. DELEGABILITY.

(a) DEPARTMENT OF DEFENSE.—The functions of the Secretary of Defense or the Secretary of the Navy under this title may

be delegated. (b) DEPARTMENT OF THE INTERIOR.—The functions of the Secretary under this title may be delegated, except that an order

described in section 807(f) may be approved and signed only by

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

Secretary of the Department of the Interior.

SEC. 810. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on the lands withdrawn by this title shall be conducted in accordance with the provisions

of section 2671 of title 10, United States Code.

SEC. 811. IMMUNITY OF UNITED STATES.

The United States and all departments or agencies thereof shall be held harmless and shall not be liable for any injury or

damage to persons or property suffered in the course of any geothermal leasing or other authorized nonmilitary activity conducted

on lands described in section 802 of this title.

SEC. 812. EL CENTRO RANGES.

The Secretary is authorized to permit the Secretary of the Navy to use until January 1, 1997, the approximately forty-four

thousand eight hundred and seventy acres of public lands in Imperial County, California, known as the East Mesa and West Mesa

ranges, in accordance with the Memorandum of Understanding

dated June 29, 1987, between the Bureau of Land Management,

the Bureau of Reclamation, and the Department of the Navy. All

military uses of such lands shall cease on January 1, 1997, unless

authorized by a subsequent Act of Congress.

TITLE IX—AUTHORIZATION OF

APPROPRIATIONS

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the National Park

Service and to the Bureau of Land Management to carry out this

Act an amount not to exceed $36,000,000 over and above that

provided in fiscal year 1994 for additional administrative and

construction costs over the fiscal year 1995–1999 period, and

$300,000,000 for all land acquisition costs. No funds in excess

of these amounts may be used for construction, administration,

or land acquisition authorized under this Act without a specific
S. 21—39

authorization in an Act of Congress enacted after the date of enactment of this Act.

TITLE X—PROTECTION OF BODIE BOWL

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Bodie Protection Act of 1994’’.

SEC. 1002. FINDINGS.

The Congress finds that—

(1) the historic Bodie gold mining district in the State

of California is the site of the largest and best preserved authentic ghost town in the western United States;

(2) the Bodie Bowl area contains important natural, historical, and aesthetic resources;

(3) Bodie was designated as a National Historical Landmark in 1961 and a California State Historic Park in 1962,

is listed on the National Register of Historic Places, and is

included in the Federal Historic American Buildings Survey;

(4) nearly 200,000 persons visit Bodie each year, providing

the local economy with important annual tourism revenues;

(5) the town of Bodie is threatened by proposals to explore

and extract minerals: mining in the Bodie Bowl area may

have adverse physical and aesthetic impacts on Bodie’s historical integrity, cultural values, and ghost town character as well

as on its recreational values and the area’s flora and fauna;

(6) the California State Legislature, on September 4, 1990,

requested the President and the Congress to direct the Secretary of the Interior to protect the ghost town character,

ambience, historic buildings, and scenic attributes of the town

of Bodie and nearby areas;

(7) the California State Legislature also requested the Secretary, if necessary to protect the Bodie Bowl area, to withdraw

the Federal lands within the area from all forms of mineral

entry and patent;

(8) the National Park Service listed Bodie as a priority

one endangered National Historic Landmark in its fiscal year

1990 and 1991 report to Congress entitled ‘‘Threatened and

Damaged National Historic Landmarks’’ and recommended

protection of the Bodie area; and

(9) it is necessary and appropriate to provide that all Federal lands within the Bodie Bowl area are not subject to location, entry, and patent under the mining laws of the United

States, subject to valid existing rights, and to direct the Secretary to consult with the Governor of the State of California

before approving any mining activity plan within the Bodie

Bowl.

SEC. 1003. DEFINITIONS.

For the purposes of this title:

(1) The term ‘‘Bodie Bowl’’ means the Federal lands and

interests therein within the area generally depicted on the

map referred to in section 1004(a).

(2) The term ‘‘mineral activities’’ means any activity involving mineral prospecting, exploration, extraction, milling,

beneficiation, processing, and reclamation.
S. 21—40

(3) The term ‘‘Secretary’’ means the Secretary of the

Interior.

SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL LAWS.

(a) RESTRICTION.—Subject to valid existing rights, after the

date of enactment of this title Federal lands and interests in lands

within the area generally depicted on the map entitled ‘‘Bodie

Bowl’’ and dated June 12, 1992, shall not be—

(1) open to the location of mining and mill site claims

under the general mining laws of the United States;

(2) subject to any lease under the Mineral Leasing Act

(30 U.S.C. 181 and following) or the Geothermal Steam Act

of 1970 (30 U.S.C. 100 and following), for lands within the

Bodie Bowl; and

(3) available for disposal of mineral materials under the

Act of July 31, 1947, commonly known as the Materials Act

of 1947 (30 U.S.C. 601 and following).

Such map shall be on file and available for public inspection in

the Office of the Secretary, and appropriate offices of the Bureau

of Land Management and the National Park Service. As soon as

practicable after the date of enactment of this title, the Secretary

shall publish a legal description of the Bodie Bowl area in the

Federal Register.

(b) VALID EXISTING RIGHTS.—As used in this section, the term

‘‘valid existing rights’’ in reference to the general mining laws

means that a mining claim located on lands within the Bodie

Bowl was properly located and maintained under the general mining

laws prior to the date of enactment of this title, was supported

by a discovery of a valuable mineral deposit within the meaning

of the general mining laws on the date of enactment of this title,

and that such claim continues to be valid.

(c) VALIDITY REVIEW.—The Secretary shall undertake an expedited program to determine the validity of all unpatented mining

claims located within the Bodie Bowl. The expedited program shall

include an examination of all unpatented mining claims, including

those for which a patent application has not been filed. If a claim

is determined to be invalid, the Secretary shall promptly declare

the claim to be null and void, except that the Secretary shall

not challenge the validity of any claim located within the Bodie

Bowl for the failure to do assessment work for any period after

the date of enactment of this title. The Secretary shall make a

determination with respect to the validity of each claim referred

to under this subsection within two years after the date of enactment of this title.

(d) LIMITATION ON PATENT ISSUANCE.—

(1) MINING CLAIMS.—(A) After January 11, 1993, no patent

shall be issued by the United States for any mining claim

located under the general mining laws within the Bodie Bowl

unless the Secretary determines that, for the claim concerned—

(i) a patent application was filed with the Secretary

on or before such date; and

(ii) all requirements established under sections 2325

and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)

for vein or lode claims and sections 2329, 2330, 2331,

and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 37)

for placer claims were fully complied with by that date.
S. 21—41

(B) If the Secretary makes the determinations referred

to in subparagraph (A) for any mining claim, the holder of

the claim shall be entitled to the issuance of a patent in

the same manner and degree to which such claim holder would

have been entitled to prior to the enactment of this title, unless

and until such determinations are withdrawn or invalidated

by the Secretary or by a court of the United States.

(2) MILL SITE CLAIMS.—(A) After January 11, 1993, no

patent shall be issued by the United States for any mill site

claim located under the general mining laws within the Bodie

Bowl unless the Secretary determines that, for the claim concerned—

(i) a patent application was filed with the Secretary

on or before January 11, 1993; and

(ii) all requirements applicable to such patent application were fully complied with by that date.

(B) If the Secretary makes the determinations referred

to in subparagraph (A) for any mill site claim, the holder

of the claim shall be entitled to the issuance of a patent in

the same manner and degree to which such claim holder would

have been entitled to prior to the enactment of this title, unless

and until such determinations are withdrawn or invalidated

by the Secretary or by a court of the United States.

SEC. 1005. MINERAL ACTIVITIES.

(a) IN GENERAL.—Notwithstanding the last sentence of section

302(b) of the Federal Land Policy and Management Act of 1976,

and in accordance with this title and other applicable law, the

Secretary shall require that mineral activities be conducted in the

Bodie Bowl so as to—

(1) avoid adverse effects on the historic, cultural, recreational, and natural resource values of the Bodie Bowl; and

(2) minimize other adverse impacts to the environment.

(b) RESTORATION OF EFFECTS OF MINING EXPLORATION.—As

soon as possible after the date of enactment of this Act, visible

evidence or other effects of mining exploration activity within the

Bodie Bowl conducted on or after September 1, 1988, shall be

reclaimed by the operator in accordance with regulations prescribed

pursuant to subsection (d).

(c) ANNUAL EXPENDITURES; FILING.—The requirements for

annual expenditures on unpatented mining claims imposed by

Revised Statute 2324 (30 U.S.C. 28) shall not apply to any such

claim located within the Bodie Bowl. In lieu of filing the affidavit

of assessment work referred to under section 314(a)(1) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)(1)),

the holder of any unpatented mining or mill site claim located

within the Bodie Bowl shall only be required to file the notice

of intention to hold the mining claim referred to in such section

314(a)(1).

(d) REGULATIONS.—The Secretary shall promulgate rules to

implement this section, in consultation with the Governor of the

State of California, within 180 days after the date of enactment

of this title. Such rules shall be no less stringent that the rules

promulgated pursuant to the Act of September 28, 1976 entitled

‘‘An Act to provide for the regulation of mining activity within,

and to repeal the application of mining laws to, areas of the National
S. 21—42

Park System, and for other purposes’’ (Public Law 94–429; 16

U.S.C. 1901–1912).

SEC. 1006. STUDY.

Beginning as soon as possible after the date of enactment

of this title, the Secretary shall review possible actions to preserve

the scenic character, historical integrity, cultural and recreational

values, flora and fauna, and ghost town characteristics of lands

and structures within the Bodie Bowl. No later than 3 years after

the date of such enactment, the Secretary shall submit to the

Committee on Energy and Natural Resources of the United States

Senate and the Committee on Natural Resources of the United

States House of Representatives a report that discusses the results

of such review and makes recommendations as to which steps

(including but not limited to acquisition of lands or valid mining

claims) should be undertaken in order to achieve these objectives.

SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may

be necessary to carry out this title.

TITLE XI—LOWER MISSISSIPPI DELTA

REGION INITIATIVES

SEC. 1101. FINDINGS.

(a) The Congress finds that—

(1) in 1988, Congress enacted Public Law 100–460,

establishing the Lower Mississippi Delta Development Commission, to assess the needs, problems, and opportunities of people

living in the Lower Mississippi Delta Region that includes

219 counties and parishes within the States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee;

(2) the Commission conducted a thorough investigation to

assess these needs, problems, and opportunities, and held several public hearings throughout the Delta Region;

(3) on the basis of these investigations, the Commission

issued the Delta Initiatives Report, which included recommendations on natural resource protection, historic preservation, and the enhancement of educational and other opportunities for Delta residents;

(4) the Delta Initiatives Report recommended—

(A) designating the Great River Road as a scenic

byway, and designating other hiking and motorized trails

throughout the Delta Region;

(B) that the Federal Government identify sites and

structures of historic and prehistoric importance throughout the Delta Region;

(C) the further study of potential new units of the

National Park System within the Delta Region; and

(D) that Federal agencies target more monies in

selected areas to institutions of higher education in the

Delta Region, especially Historically Black Colleges and

Universities.
S. 21—43

SEC. 1102. DEFINITIONS.

As used in this title, the term—

(1) ‘‘Commission’’ means the Lower Mississippi Delta Development Commission established pursuant to Public Law 100–

460;

(2) ‘‘Delta Initiatives Report’’ means the May 14, 1990

Final Report of the Commission entitled ‘‘The Delta Initiatives:

Realizing the Dream . . . Fulfilling the Potential’’; (3) ‘‘Delta Region’’ means the Lower Mississippi Delta

Region including the 219 counties and parishes within the

States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi,

Missouri, and Tennessee, as defined in the Delta Initiatives

Report, except that, for any State for which the Delta Region

as defined in such report comprises more than half of the

geographic area of such State, the entire State shall be considered part of the Delta Region for purposes of this title; (4) ‘‘Department’’ means the United States Department

of the Interior, unless otherwise specifically stated; (5) ‘‘Historically Black College or University’’ means a college or university that would be considered a ‘‘part B institution’’ by section 322(2) of the Higher Education Act of 1965

(20 U.S.C. 1061(2));

(6) ‘‘minority college or university’’ means a Historically

Black College or University that would be considered a ‘‘part

B institution’’ by section 322(2) of the Higher Education Act

of 1965 (20 U.S.C. 1061(2)) or a ‘‘minority institution’’ as that

term is defined in section 1046 of the Higher Education Act

of 1965 (20 U.S.C. 1135d–5(3));

(7) ‘‘Secretary’’ means the Secretary of the Interior, unless

otherwise specifically stated.

SEC. 1103. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.

(a) IN GENERAL.—The Secretary, in consultation with the States

of the Delta Region, the Lower Mississippi Delta Development

Center, and other appropriate Delta Region institutions, is directed

to prepare and transmit to the Congress within three years after

the date of the enactment of this title, a study of significant natural,

recreational, historical or prehistorical, and cultural lands, waters,

sites, and structures located within the Delta Region. This study

shall take into consideration the research and inventory of resources

conducted by the Mississippi River Heritage Corridor Study

Commission.

(b) TRANSPORTATION ROUTES.—(1) The study shall include recommendations on appropriate designation and interpretation of

historically significant roads, trails, byways, waterways, or other

routes within the Delta Region.

(2) In order to provide for public appreciation, education, understanding, interpretation, and enjoyment of the significant sites

identified pursuant to subsection (a), which are accessible by public

roads, the Secretary shall recommend in the study vehicular tour

routes along existing public roads linking such sites within the

Delta Region.

(3) Such recommendations shall include an analysis of designating the Great River Road (as depicted on the map entitled ‘‘Proposed

Delta Transportation Network’’ on pages 102–103 of the Delta Initiatives Report) and other sections of the Great River Road between

Baton Rouge and New Orleans, Louisiana and an analysis of des-
S. 21—44

ignating that portion of the Old Antonio Road and the Louisiana

Natchez Trace which extends generally along Highway 84 from

Vidalia, Louisiana, to Clarence, Louisiana, and Louisiana Highway

6 from Clarence, Louisiana, to the Toledo Bend Reservoir, Louisiana, as a National Scenic Byway, or as a component of the National

Trails System, or such other designation as the Secretary deems

appropriate.

(4) The Secretary shall also recommend in the study an appropriate route along existing public roads to commemorate the importance of timber production and trade to the economic development

of the Delta Region in the early twentieth century, and to highlight

the continuing importance of timber production and trade to the

economic life of the Delta Region. Recommendations shall include

an analysis of designating that portion of US 165 which extends

from Alexandria, Louisiana, to Monroe, Louisiana, as a National

Scenic Byway, or as a component of the National Trails System,

or such other designation as the Secretary deems appropriate.

(5) The study shall also include a comprehensive recreation,

interpretive, and visitor use plan for the routes described in the

above paragraphs, including bicycle and hiking paths, and make

specific recommendations for the acquisition and construction or

related interpretive and visitor information facilities at selected

sites along such routes.

(6) The Secretary is authorized to make grants to States for

work necessary to stabilize, maintain, and widen public roads to

allow for adequate access to the nationally significant sites and

structures identified by the study, to allow for proper use of the

vehicular tour route, trails, byways, including the routes defined

in paragraphs (3) and (4) or other public roads within the Delta

Region and to implement the comprehensive recreation, interpretive, and visitor use plan required in paragraph (5). (c) LISTING.—On the basis of the study, and in consultation

with the National Trust for Historic Preservation, the Secretary

shall inventory significant structures and sites in the Delta Region.

The Secretary shall further recommend and encourage cooperative

preservation and economic development efforts such as the

establishment of preservation districts linking groups of contiguous

counties or parishes, especially those that lie along the aforementioned designated routes. The Secretary shall prepare a list of

the sites and structures for possible inclusion by the National

Park Service as National Historic Landmarks or such other designation as the Secretary deems appropriate.

SEC. 1104. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND

CULTURAL CENTERS.

(a) FINDINGS.—The Congress finds that—

(1) in 1990, the Congress authorized the Institute of

Museum Services to prepare a report assessing the needs of

small, emerging, minority, and rural museums in order to identify the resources such museums needed to meet their educational mission, to identify the areas of museum operation

in which the needs were greatest, and to make recommendations on how these needs could best be met;

(2) the Institute of Museum Services undertook a comprehensive eighteen month study of such needs with the assistance of two advisory groups, surveyed 524 museums from

throughout the Nation, held discussion groups in which rep-
S. 21—45

resentatives of 25 museum groups participated, and conducted

case studies of 12 museum facilities around the Nation;

(3) on the basis of this assessment, the Institute of Museum

Services issued a report in September, 1992, entitled, ‘‘National

Needs Assessment of Small, Emerging, Minority and Rural

Museums in the United States’’ (hereinafter ‘‘National Needs

Assessment’’) which found that small, emerging, minority, and

rural museums provide valuable educational and cultural

resources for their communities and contain a reservoir of

the Nation’s material, cultural and historical heritage, but due

to inadequate resources are unable to meet their full potential

or the demands of the surrounding communities;

(4) the needs of these institutions are not being met through

existing Federal programs;

(5) fewer than half of the participants in the survey had

applied for Federal assistance in the past two years and that

many small, emerging, minority and rural museums believe

existing Federal programs do not meet their needs;

(6) based on the National Needs Assessment, that funding

agencies should increase support available to small, emerging,

minority, and rural museums and make specific recommendations for increasing technical assistance in order to identify

such institutions and provide assistance to facilitate their

participation in Federal programs;

(7) the Delta Initiatives Report made specific recommendations for the creation and development of centers for the

preservation of the cultural, historical, and literary heritage

of the Delta Region, including recommendations for the

establishment of a Delta Region Native American Heritage

and Cultural Center and a Delta Region African American

Heritage and Cultural Center with additional satellite centers

or museums linked throughout the Delta Region;

(8) the Delta Initiatives Report stated that new ways of

coordinating, preserving, and promoting the Delta Region’s literature, art, and music should be established including the

creation of a network to promote the Delta Region’s literary,

artistic, and musical heritage; and

(9) wholesale destruction and attrition of archeological sites

and structures has eliminated a significant portion of Native

American heritage as well as the interpretive potential of the

Delta Region’s parks and museums. Furthermore, site and

structure destruction is so severe that an ambitious program

of site and structure acquisition in the Delta Region is necessary.

(b) IN GENERAL.—The Secretary, in consultation with the States

of the Delta Region, the Chairman of the National Endowment

for the Arts, the Chairman of the National Endowment for the

Humanities, the Director of the Smithsonian Institution, the Lower

Mississippi Delta Development Center, Historically Black Colleges

and Universities, and appropriate African American, Native American and other relevant institutions or organizations in the Delta

Region, is further directed to prepare and transmit to the Congress

a plan outlining specific recommendations, including recommendations for necessary funding, for the establishment of a Delta Region

Native American Heritage Corridor and Heritage and Cultural Center and a Delta Region African American Heritage Corridor and
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Heritage and Cultural Center with a network of satellite or cooperative units.

(c) DELTA REGION NATIVE AMERICAN HERITAGE CORRIDOR AND

CULTURAL CENTER.—(1) The plan referred to in subsection (b) of

this section shall include recommendations for establishing a network of parks, museums, and other centers to interpret Native

American culture and heritage in the Delta Region, including a

ten year development strategy for such a network.

(2) Such plan shall include specific proposals for the development of a Native American Heritage Corridor and Heritage and

Cultural Center in the Delta Region, along with recommendations

for the appropriate Federal role in such a center including matching

grants, technical and interpretive assistance.

(3) Such plan shall be conducted in consultation with tribal

leaders in the Delta Region.

(4) Such plan shall also include specific proposals for educational and training assistance for Delta Region Native Americans

to carry out the recommendations provided in the study.

(d) DELTA REGION AFRICAN AMERICAN HERITAGE CORRIDOR AND

HERITAGE AND CULTURAL CENTER.—(1) The plan referred to in

subsection (b) of this section shall include recommendations for

establishing a heritage corridor or trail system, consisting of one

or two major north-south routes and several east-west-spur loops

to preserve, interpret and commemorate the African American heritage and culture in the Delta Region during all significant historical

periods.

(2) Such plan shall make specific recommendations for representing all forms of expressive culture including the musical,

folklore, literary, artistic, scientific, historical, educational, and

political contributions and accomplishments of African Americans

in the Delta Region. (3) Such plan shall make specific recommendations for

implementing the findings of the Delta Initiatives Report with

respect to establishing an African American Heritage Corridor and

Heritage and Cultural Center and related satellite museums in

the Delta Region, together with specific funding levels necessary

to carry out these recommendations and shall also include recommendations for improving access of small, emerging, minority

or rural museums to technical and financial assistance.

(4) Such plan shall be conducted in consultation with institutions of higher education in the Delta Region with expertise in

African American studies, Southern studies, archeology, anthropology, history and other relevant fields. (5) Such plan shall make specific recommendations for improving educational programs offered by existing cultural facilities and

museums as well as establishing new outreach programs for

elementary, middle and secondary schools, including summer programs for youth in the Delta Region.

(e) GRANTS.—(1) In furtherance of the purposes of this section,

the Secretary is authorized to make planning grants to State

Humanities Councils in the Delta Region to assist small, emerging,

minority and rural museums selected on a financial needs basis

in the development of a comprehensive long term plan for these

institutions. The Secretary is also authorized to make implementation grants to State Humanities Councils in the Delta Region who,

in consultations with State Museum Associations, shall make grants

to small, emerging, minority or rural museums for the purpose
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of carrying out an approved plan for training personnel, improving

exhibits or other steps necessary to assure the integrity of collections in their facilities, for educational outreach programs, or for

other activities the Secretary deems appropriate including the promotion of tourism in the region. Such institutions shall be selected

competitively and on the basis of demonstrated financial need.

The Secretary is also authorized to make grants to State Humanities Councils to update, simplify and coordinate the respective

State Works Progress Administration guides and to develop a single

comprehensive guide for the Delta Region. (2) The Secretary is authorized to provide grants and other appropriate technical assistance to State Humanities Councils,

State museum Associations, and State Arts Councils in the Delta

Region for the purpose of assessing the needs of such institutions.

Such grants may be used by these institutions to undertake such

an assessment and to provide other technical, administrative and

planning assistance to small, emerging, minority or rural institutions seeking to preserve the Delta Region’s literary, artistic, and

musical heritage. (f) MUSIC HERITAGE PROGRAM.—(1) The plan referred to in subsection (b) of this section shall include recommendations for

establishing a Music Heritage Program, with specific emphasis

on the Mississippi Delta Blues. The plan shall include specific

recommendations for developing a network of heritage sites, structures, small museums, and festivals in the Delta Region. (2) The plan shall include an economic strategy for the pro- motion of the Delta Region’s music, through the participation of

musicians, festival developers, museum operators, universities, economic development districts, and other relevant individuals and

organizations. (g) COMPLETION DATE.—The plan authorized in this section

shall be completed not later than three years after the date funds

are made available for such plan.

SEC. 1105. HISTORIC AND PREHISTORIC STRUCTURES AND SITES SURVEY.

(a) ASSISTANCE.—The Secretary is authorized to provide tech- nical and financial assistance to Historically Black Colleges and

Universities to undertake a comprehensive survey of historic and

prehistoric structures and sites located on their campuses, including

recommendations as to the inclusion of appropriate structures and

sites on the National Register of Historic Places, designation as

National Historic Landmarks, or other appropriate designation as

determined by the Secretary. The Secretary shall also make specific

proposals and recommendations, together with estimates of necessary funding levels, for a comprehensive plan to be carried out

by the Department to assist Historically Black Colleges and Universities in the preservation and interpretation of such sites and structures.

(b) GRANTS.—In furtherance of the purposes of this section,

the Secretary is authorized to provide technical and financial assistance to Historically Black Colleges and Universities for stabilization, preservation and interpretation of such sites and structures.

SEC. 1106. DELTA ANTIQUITIES SURVEY.

(a) IN GENERAL.—(1) The Secretary is directed to prepare and

transmit to the Congress, in cooperation with the States of the

Delta Region, State Archaeological Surveys and Regional
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Archeological Centers, a study of the feasibility of establishing

a Delta Antiquities Trail or Delta Antiquities Heritage Corridor

in the Delta Region.

(2) Such study shall, to the extent practicable, use nonintrusive

methods of identifying, surveying, inventorying, and stabilizing

ancient archeological sites and structures.

(3) In undertaking this study, the Secretary is directed to

enter into cooperative agreements with the States of the Delta

Region, the State Archeological Surveys, and Regional Archeological

Centers located in Delta Region institutions of higher education

for on-site activities including surveys, inventories, and stabilization

and other activities which the Secretary deems appropriate.

(4) In addition to the over 100 known ancient archeological

sites located in the Delta Region including Watson’s Brake, Frenchman’s Bend, Hedgepeth, Monte Sano, Banana Bayou, Hornsby,

Parkin, Toltec, Menard-Hodges, Eaker, Blytheville Mound, Nodena,

Taylor Mounds, DeSoto Mound and others, such study shall also

employ every practical means possible, including assistance from

the National Aeronautics and Space Administration, the Forest

Service and Soil Conservation Service of the Department of Agriculture, the Army Corps of Engineers of the Department of Defense,

and other appropriate Federal agencies, to locate and confirm the

existence of a site known as Balbansha in southern Louisiana

and a site known as Autiamque in Arkansas. The heads of these

Federal agencies shall cooperate with the Secretary as the Secretary

requires on a non-reimbursable basis.

(b) TECHNICAL ASSISTANCE.—In furtherance of the purposes

of this section, the Secretary is authorized to provide technical

assistance and grants to private landowners for necessary stabilization activities of identified sites and for preparing recommendations

for designating such sites as National Landmarks or other appropriate designations as the Secretary, with the concurrence of the

landowners, determines to be appropriate.

(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized

to enter into cooperative agreements with the States, State

Archeological Surveys, and Regional Archeological Centers of the

Delta Region to develop a ten-year plan for the stabilization,

preservation and interpretation of those sites and structures as

may be identified by the Secretary.

SEC. 1107. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.

(a) PROGRAM.—The Secretary shall conduct a comprehensive

program for the research, interpretation, and preservation of significant historic and archeological resources in the Delta Region. (b) ELEMENTS OF THE PROGRAM.—The program shall include,

but not be limited to—

(1) identification of research projects related to historic

and archeological resources in the Delta Region and a proposal

for the regular publication of related research materials and

publications;

(2) the development of a survey program to investigate,

inventory and further evaluate known historic and archeological

sites and structures and identify those sites and structures

that require additional study;

(3) identification of a core system of interpretive sites and

structures that would provide a comprehensive overview of

historic and archeological resources of the Delta Region;
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(4) preparation of educational materials to interpret the

historical and archeological resources of the Delta Region;

(5) preparation of surveys and archeological and historical

investigations of sites, structures, and artifacts relating to the

Delta Region, including the preparation of reports, maps, and

other related activities.

(c) GRANTS AND TECHNICAL ASSISTANCE.—(1) The Secretary

is authorized to award grants to qualified tribal, governmental

and non-governmental entities and individuals to assist the Secretary in carrying out those elements of the program which the

Secretary deems appropriate.

(2) The Secretary is further authorized to award grants and

provide other types of technical and financial assistance to such

entities and individuals to conserve and protect historic and

archeological sites and structures in the Delta Region identified

in the program prepared pursuant to this section.

(d) DEMONSTRATION PROJECT.—The Secretary shall establish

a national demonstration project for the conservation and curation

of the archeological records and collections of Federal and State

management agencies in the Delta Region.

SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may

be necessary to carry out this title.

TITLE XII—NEW ORLEANS JAZZ

NATIONAL HISTORICAL PARK

SEC. 1201. SHORT TITLE.

This title may be cited as the ‘‘New Orleans Jazz National

Historical Park Act of 1994’’.

SEC. 1202. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that: (1) Jazz is the United States’ most widely recognized indigenous music and art form. Congress previously recognized jazz

in 1987 through Senate Concurrent Resolution 57 as a rare

and valuable national treasure of international importance.

(2) The city of New Orleans is widely recognized as the

birthplace of jazz. In and around this city, cultural and musical

elements blended to form the unique American music that

is known as New Orleans jazz, which is an expression of the

cultural diversity of the lower Mississippi Delta Region. (3) Jean Lafitte National Historical Park and Preserve

was established to commemorate the cultural diversity of the

lower Mississippi Delta Region including a range of cultural

expressions like jazz.

(b) PURPOSE.—In furtherance of the need to recognize the value

and importance of jazz, it is the purpose of this title to establish

a New Orleans Jazz National Historical Park to preserve the origins, early history, development and progression of jazz; provide

visitors with opportunities to experience the sights, sounds, and

places where jazz evolved; and implement innovative ways of

establishing jazz educational partnerships that will help to ensure

that jazz continues as a vital element of the culture of New Orleans

and our Nation.
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SEC. 1203. ESTABLISHMENT.

(a) IN GENERAL.—In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans,

and to provide technical assistance to a broad range of organizations

involved with jazz music and its history, there is hereby established

the New Orleans Jazz National Historical Park (hereinafter referred

to as the ‘‘historical park’’). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park

and Preserve, which was established to preserve and interpret

the cultural and natural resources of the lower Mississippi Delta

Region.

(b) AREA INCLUDED.—The historical park shall consist of lands

and interests therein as follows:

(1) Lands which the Secretary of the Interior (hereinafter

referred to as ‘‘the Secretary’’) may designate for an interpretive

visitor center complex.

(2) Sites that are the subject of cooperative agreements

with the National Park Service for the purposes of interpretive

demonstrations and programs associated with the purposes of

this title.

(3)(A) Sites designated by the Secretary as provided in

subparagraph (B).

(B)(i) No later than 18 months after the date of enactment

of this title, the Secretary is directed to complete a national

historic landmark evaluation of sites associated with jazz in

and around New Orleans as identified in the document entitled

‘‘New Orleans Jazz Special Resource Study’’, prepared by the

National Park Service pursuant to Public Law 101–499. In

undertaking the evaluation, the Secretary shall, to the extent

practicable, utilize existing information relating to such sites.

(ii) If any of the sites evaluated are found to meet the

standards of the National Historic Landmark program and

National Park Service tests of suitability and feasibility, and

offer outstanding opportunities to further the purposes of this

title, the Secretary may designate such sites as part of the

historical park, following consultation with the owners of such

sites, the city of New Orleans, the Smithsonian Institution,

and the New Orleans Jazz Commission, and notification to

the Committee on Energy and Natural Resources of the United

States Senate and the Committee on Natural Resources of

the United States House of Representatives.

SEC. 1204. ADMINISTRATION.

(a)(1) IN GENERAL.—The Secretary shall administer the historical park in accordance with this title and with provisions of law

generally applicable to units of the National Park System, including

the Act entitled ‘‘An Act to establish a National Park Service,

and for other purposes’’, approved August 25, 1916 (39 Stat. 535;

16 U.S.C. 1, 2–4); and the Act of August 21, 1935 (49 Stat. 666;

16 U.S.C. 461–467). The Secretary shall manage the historical

park in such a manner as will preserve and perpetuate knowledge

and understanding of the history of jazz and its continued evolution

as a true American art form.

(2) To minimize operational costs associated with the management and administration of the historical park and to avoid duplication of effort, the Secretary shall, to the maximum extent prac-
S. 21—51

ticable, utilize the facilities, administrative staff and other services

of the Jean Lafitte National Historical Park and Preserve.

(b) DONATIONS.—The Secretary may accept and retain donations of funds, property, or services from individuals, foundations,

corporations, or other public entities for the purposes of providing

services, programs, and facilities that further the purposes of this

title.

(c) INTERPRETIVE CENTER.—The Secretary is authorized to construct, operate, and maintain an interpretive center in the historical

park on lands identified by the Secretary pursuant to section

1203(b)(1). Programs at the center shall include, but need not

be limited to, live jazz interpretive and educational programs, and

shall provide visitors with information about jazz-related programs,

performances, and opportunities.

(d) JAZZ HERITAGE DISTRICTS.—The Secretary may provide technical assistance to the city of New Orleans and other appropriate

entities for the designation of certain areas in and around New

Orleans as jazz heritage districts. Such districts shall include those

areas with an exceptional concentration of jazz historical sites and

established community traditions of jazz street parades.

(e) COOOPERATIVE AGREEMENTS, GRANTS AND TECHNICAL

ASSISTANCE.—In furtherance of the purposes of this title—

(1) the Secretary, after consultation with the New Orleans

Jazz Commission established pursuant to section 1207, is

authorized to enter into cooperative agreements with owners

of properties that are designated pursuant to section 1203(b)(3)

which provide outstanding educational and interpretive

opportunities relating to the evolution of jazz in New Orleans.

The Secretary may assist in rehabilitating, restoring, marking,

and interpreting and may provide technical assistance for the

preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions

that the National Park Service will have reasonable rights

of access for operational and visitor use needs, that rehabilitation and restoration will meet the Secretary’s standards for

rehabilitation of historic buildings, and that specify the roles

and responsibilities of the Secretary for each site or structure;

(2) the Secretary is authorized to enter into cooperative

agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations

under which the other parties to the agreement may contribute

to the acquisition, construction, operation, and maintenance

of the interpretive center and to the operation of educational

and interpretive programs to further the purposes of this title;

and

(3) the Secretary, in consultation with the New Orleans

Jazz Commission, is authorized to provide grants or technical

assistance to public and private organizations.

(f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary shall, in the

administration of the historical park, promote a broad range of

educational activities relating to jazz and its history. The Secretary

shall cooperate with schools, universities, and organizations

supporting jazz education to develop educational programs that

provide expanded public understanding of jazz and enhanced

opportunities for public appreciation. The Secretary may assist

appropriate entities in the development of an information base
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including archival material, audiovisual records, and objects that

relate to the history of jazz.

SEC. 1205. ACQUISITION OF PROPERTY.

(a) GENERAL AUTHORITY.—The Secretary may acquire lands

and interests therein within the sites designated pursuant to section

1203(b)(1) and (3) by donation or purchase with donated or appropriated funds or long term lease: Provided, That sites designated

pursuant to section 1203(b)(3) shall only be acquired with the

consent of the owner thereof.

(b) STATE AND LOCAL PROPERTIES.—Lands and interests in

lands which are owned by the State of Louisiana, or any political

subdivision thereof, may be acquired only by donation.

SEC. 1206. GENERAL MANAGEMENT PLAN.

Within three years after the date funds are made available

therefor and concurrent with the national landmark study referenced in section 1203(b)(3), the Secretary, in consultation with

the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but

need not be limited to—

(1) a visitor use plan indicating programs and facilities

associated with park programs that will be made available

to the public;

(2) preservation and use plans for any structures and sites

that are identified through the historic landmark study for

inclusion within the historical park;

(3) the location and associated cost of public facilities that

are proposed for inclusion within the historical park, including

a visitor center;

(4) identification of programs that the Secretary will implement or be associated with through cooperative agreements

with other groups and organizations;

(5) a transportation plan that addresses visitor use access

needs to sites, facilities, and programs central to the purpose

of the historical park;

(6) plans for the implementation of an archival system

for materials, objects, and items of importance relating to the

history of jazz; and

(7) guidelines for the application of cooperative agreements

that will be used to assist in the management of historical

park facilities and programs.

SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.

(a) ESTABLISHMENT.—To assist in implementing the purposes

of this title and the document entitled ‘‘New Orleans Jazz Special

Resource Study’’, there is established the New Orleans Jazz

Commission (hereinafter referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—The Commission shall consist of 17 members

to be appointed no later than six months after the date of enactment

of this title. The Commission shall be appointed by the Secretary

as follows:

(1) One member from recommendations submitted by the

Mayor of New Orleans.

(2) Two members who have recognized expertise in music

education programs that emphasize jazz.
S. 21—53

(3) One member, with experience in and knowledge of

tourism in the greater New Orleans area, from recommendations submitted by local businesses.

(4) One member from recommendations submitted by the

Board of the New Orleans Jazz and Heritage Foundation.

(5) One member, with experience in and knowledge of

historic preservation within the New Orleans area.

(6) Two members, one from recommendations submitted

by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Chairman of the

National Endowment of the Arts, who are recognized musicians

with knowledge and experience in the development of jazz

in New Orleans.

(7) Two members, one from recommendations submitted

by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Director of the

Louisiana State Museum with recognized expertise in the

interpretation of jazz history or traditions related to jazz in

New Orleans.

(8) Two members who represent local neighborhood groups

or other local associations; from recommendations submitted

by the Mayor of New Orleans.

(9) One member representing local mutual aid and benevolent societies as well as local social and pleasure clubs, from

recommendations submitted by the Board of the New Orleans

Jazz and Heritage Foundation.

(10) One member from recommendations submitted by the

Governor of the State of Louisiana, who shall be a member

of the Louisiana State Music Commission.

(11) One member representing the New Orleans Jazz Club

from recommendations submitted by the club.

(12) One member who is a recognized local expert on the

history, development and progression of jazz in New Orleans

and is familiar with existing archival materials from recommendations submitted by the Librarian of Congress.

(13) The Director of the National Park Service, or the

Director’s designee, ex officio.

(c) DUTIES OF THE COMMISSION.—The Commission shall—

(1) advise the Secretary in the preparation of the general

management plan for the historical park; assist in public discussions of planning proposals; and assist the National Park Service in working with individuals, groups, and organizations

including economic and business interests in determining programs in which the Secretary should participate through

cooperative agreement;

(2) in consultation and cooperation with the Secretary,

develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this

title;

(3) in consultation and cooperation with the Secretary,

develop partnerships with city-wide organizations, and raise

and disperse funds for programs that assist mutual aid and

benevolent societies, social and pleasure clubs and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions;
S. 21—54

(4) acquire or lease property for jazz education, and advise

on hiring brass bands and musical groups to participate in

education programs and help train young musicians;

(5) in consultation and cooperation with the Secretary,

provide recommendations for the location of the visitor center

and other interpretive sites;

(6) assist the Secretary in providing funds to support

research on the origins and early history of jazz in New Orleans;

and

(7) notwithstanding any other provision of law, seek and

accept donations of funds, property, or services from individuals,

foundations, corporations, or other public or private entities

and expend and use the same for the purposes of providing

services, programs, and facilities for jazz education, or assisting

in the rehabilitation and restoration of structures identified

in the national historic landmark study referenced in section

1203(b)(3) as having outstanding significance to the history

of jazz in New Orleans.

(d) APPOINTMENT.—Members of the Commission shall be

appointed for staggered terms of 3 years, as designated by the

Secretary at the time of the initial appointment.

(e) CHAIRMAN.—The Commission shall elect a chairman from

among its members. The term of the chairman shall be for 3

years.

(f) TERMS.—Any member of the Commission appointed by the

Secretary for a 3-year term may serve after the expiration of his

or her term until a successor is appointed. Any vacancy shall

be filled in the same manner in which the original appointment

was made. Any member appointed to fill a vacancy shall serve

for the remainder of the term for which the predecessor was

appointed.

(g) PER DIEM EXPENSES.—Members of the Commission shall

serve without compensation. Members shall be entitled to travel

expenses under section 5703, title 5, United States Code, when

engaged in Commission business, including per diem in lieu of

subsistence in the same manner as persons employed intermittently.

(h) ADMINISTRATIVE SUPPORT.—The Secretary shall provide the

Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry

out its duties.

(i) ANNUAL REPORT.—The Commission shall submit an annual

report to the Secretary identifying its expenses and income and

the entities to which any grants or technical assistance were made

during the year for which the report is made.
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SEC. 1208. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may

be necessary to carry out this title.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.