I 

114TH CONGRESS 

1ST SESSION H. R. 496 

To establish the Alabama Hills National Scenic Area in the State of 

California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2015 

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

on Natural Resources 

A BILL 

To establish the Alabama Hills National Scenic Area in 

the State of California, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Alabama Hills National Scenic Area Establishment Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Alabama Hills National Scenic Area, California. 

Sec. 4. Management plan. 

Sec. 5. Land taken into trust for Lone Pine Paiute-Shoshone Reservation. 

Sec. 6. Transfer of administrative jurisdiction. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 496 IH

Sec. 7. Protection of services and recreational opportunities. 

Sec. 8. Land conveyance to eliminate encroachment on public lands. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan for the Na5 tional Scenic Area developed under section 4(a). 

6 (2) MAP.—Except in section 8, the term ‘‘Map’’ 

7 means the map titled ‘‘Proposed Alabama Hills Na8 tional Scenic Area’’, dated September 8, 2014. 

9 (3) MOTORIZED VEHICLES.—The term ‘‘motor10 ized vehicles’’ means motorized or mechanized vehi11 cles and includes, when used by utilities, mechanized 

12 equipment, helicopters, and other aerial devices nec13 essary to maintain electrical or communications in14 frastructure. 

15 (4) NATIONAL SCENIC AREA.—The term ‘‘Na16 tional Scenic Area’’ means the Alabama Hills Na17 tional Scenic Area established by section 3(a). 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (6) STATE.—The term ‘‘State’’ means the State 

21 of California. 

22 (7) TRIBE.—The term ‘‘Tribe’’ means the 

23 Lone-Pine Paiute Shoshone Tribe. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 496 IH

1 (8) UTILITY FACILITY.—The term ‘‘utility facil2 ity’’ means any and all existing and future electric 

3 generation facilities, electric storage facilities, over4 head and/or underground electrical supply systems 

5 and communication systems consisting of electric 

6 substations, electric lines, poles and towers made of 

7 various materials, ‘‘H’’ frame structures, guy wires 

8 and anchors, crossarms, wires, underground con9 duits, cables, vaults, manholes, handholes, above10 ground enclosures, markers and concrete pads and 

11 other fixtures, appliances and communication cir12 cuits, and other fixtures, appliances and appur13 tenances connected therewith necessary or conven14 ient for the construction, operation, regulation, con15 trol, grounding and maintenance of electric genera16 tion, storage, lines and communication circuits, for 

17 the purpose of transmitting intelligence and gener18 ating, storing, distributing, regulating and control19 ling electric energy to be used for light, heat, power, 

20 communication, and other purposes. 

21 SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALI22 FORNIA. 

23 (a) ESTABLISHMENT.—Subject to valid, existing 

24 rights, there is established in Inyo County, California, the 

25 Alabama Hills National Scenic Area. The National Scenic 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 496 IH

1 Area shall be comprised of the approximately 18,610 acres 

2 generally depicted on the Map as ‘‘National Scenic Area’’. 

3 (b) PURPOSE.—The purpose of the National Scenic 

4 Area is to conserve, protect, and enhance for the benefit, 

5 use, and enjoyment of present and future generations the 

6 nationally significant scenic, cultural, geological, edu7 cational, biological, historical, recreational, cinemato8 graphic, and scientific resources of the National Scenic 

9 Area managed consistent with section 302(a) of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C. 

11 1732(a)). 

12 (c) MAP; LEGAL DESCRIPTIONS.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall file a map and a legal description of the Na16 tional Scenic Area with— 

17 (A) the Committee on Energy and Natural 

18 Resources of the Senate; and 

19 (B) the Committee on Natural Resources 

20 of the House of Representatives. 

21 (2) FORCE OF LAW.—The map and legal de22 scriptions filed under paragraph (1) shall have the 

23 same force and effect as if included in this Act, ex24 cept that the Secretary may correct any clerical and 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 496 IH

1 typographical errors in the map and legal descrip2 tions. 

3 (3) PUBLIC AVAILABILITY.—Each map and 

4 legal description filed under paragraph (1) shall be 

5 on file and available for public inspection in the ap6 propriate offices of the Forest Service and Bureau 

7 of Land Management. 

8 (d) ADMINISTRATION.—The Secretary shall manage 

9 the National Scenic Area— 

10 (1) as a component of the National Landscape 

11 Conservation System; 

12 (2) so as not to impact the future continuing 

13 operations and maintenance of any activities associ14 ated with valid, existing rights, including water 

15 rights; 

16 (3) in a manner that conserves, protects, and 

17 enhances the resources and values of the National 

18 Scenic Area described in subsection (b); and 

19 (4) in accordance with— 

20 (A) the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

22 (B) this Act; and 

23 (C) any other applicable laws. 

24 (e) MANAGEMENT.— 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 496 IH

1 (1) IN GENERAL.—The Secretary shall allow 

2 only such uses of the National Scenic Area as the 

3 Secretary determines would support the purposes of 

4 the National Scenic Area as described in subsection 

5 (b). 

6 (2) RECREATIONAL ACTIVITIES.—Except as 

7 otherwise provided in this Act or other applicable 

8 law, or as the Secretary determines to be necessary 

9 for public health and safety, the Secretary shall 

10 allow existing recreational uses of the National Sce11 nic Area to continue, including hiking, mountain 

12 biking, rock climbing, sightseeing, horseback riding, 

13 hunting, fishing, and appropriate authorized motor14 ized vehicle use. 

15 (3) MOTORIZED VEHICLES.—Except as speci16 fied within this Act and/or in cases in which motor17 ized vehicles are needed for administrative purposes, 

18 or to respond to an emergency, the use of motorized 

19 vehicles in the National Scenic Area shall be per20 mitted only on— 

21 (A) roads and trails designated by the Di22 rector of the Bureau of Land Management for 

23 use of motorized vehicles as part of a manage24 ment plan sustaining a semi-primitive motorized 

25 experience; or 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 496 IH

1 (B) on county-maintained roads in accord2 ance with applicable State and county laws. 

3 (f) ACQUISITION OF LAND.— 

4 (1) IN GENERAL.—The Secretary may acquire 

5 non-Federal land within the boundaries of the Na6 tional Scenic Area only through exchange, donation, 

7 or purchase from a willing seller. 

8 (2) MANAGEMENT.—Land acquired under para9 graph (1) shall be— 

10 (A) considered to be a part of the National 

11 Scenic Area; and 

12 (B) managed in accordance with this Act 

13 and any other applicable laws. 

14 (g) NO BUFFER ZONES.— 

15 (1) IN GENERAL.—Nothing in this Act creates 

16 a protective perimeter or buffer zone around the Na17 tional Scenic Area. 

18 (2) ACTIVITIES OUTSIDE NATIONAL SCENIC

19 AREA.—The fact that an activity or use on land out20 side the National Scenic Area can be seen or heard 

21 within the National Scenic Area shall not preclude 

22 the activity or use outside the boundaries of the Na23 tional Scenic Area. 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 496 IH

1 (h) ACCESS.—The Secretary shall continue to provide 

2 private landowners adequate access to inholdings in the 

3 National Scenic Area. 

4 (i) FILMING.—Nothing in this Act prohibits filming 

5 (including commercial film production, student filming, 

6 and still photography) within the National Scenic Area— 

7 (1) subject to— 

8 (A) such reasonable regulations, policies, 

9 and practices as the Secretary considers to be 

10 necessary; and 

11 (B) applicable law; and 

12 (2) in a manner consistent with the purposes 

13 described in subsection (b). 

14 (j) FISH AND WILDLIFE.—Nothing in this Act af15 fects the jurisdiction or responsibilities of the State with 

16 respect to fish and wildlife. 

17 (k) LIVESTOCK.—The grazing of livestock in the Na18 tional Scenic Area, including grazing under the Alabama 

19 Hills allotment and the George Creek allotment, as estab20 lished before the date of enactment of this Act, shall be 

21 permitted to continue— 

22 (1) subject to— 

23 (A) such reasonable regulations, policies, 

24 and practices as the Secretary considers to be 

25 necessary; and 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 496 IH

1 (B) applicable law; and 

2 (2) in a manner consistent with the purposes 

3 described in subsection (b). 

4 (l) OVERFLIGHTS.—Nothing in this Act restricts or 

5 precludes flights over the National Scenic Area or over6 flights that can be seen or heard within the National Sce7 nic Area, including— 

8 (1) transportation, sightseeing and filming 

9 flights, general aviation planes, helicopters, hang10 gliders, and balloonists, for commercial or rec11 reational purposes; 

12 (2) low-level overflights of military aircraft; 

13 (3) flight testing and evaluation; or 

14 (4) the designation or creation of new units of 

15 special use airspace, or the establishment of military 

16 flight training routes, over the National Scenic Area. 

17 (m) WITHDRAWAL.—Subject to this Act’s provisions 

18 and valid rights in existence on the date of enactment of 

19 this Act, including rights established by prior withdrawals, 

20 the Federal land within the National Scenic Area is with21 drawn from all forms of— 

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

23 public land laws; 

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

25 laws; and 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 496 IH

1 (3) disposition under all laws pertaining to min2 eral and geothermal leasing or mineral materials. 

3 (n) WILDLAND FIRE OPERATIONS.—Nothing in this 

4 Act prohibits the Secretary, in cooperation with other Fed5 eral, State, and local agencies, as appropriate, from con6 ducting wildland fire operations in the National Scenic 

7 Area, consistent with the purposes described in subsection 

8 (b). 

9 (o) GRANTS; COOPERATIVE AGREEMENTS.—The Sec10 retary may make grants to, or enter into cooperative 

11 agreements with, State, tribal, and local governmental en12 tities and private entities to conduct research, interpreta13 tion, or public education or to carry out any other initia14 tive relating to the restoration, conservation, or manage15 ment of the National Scenic Area. 

16 (p) AIR AND WATER QUALITY.—Nothing in this Act 

17 modifies any standard governing air or water quality out18 side of the boundaries of the National Scenic Area. 

19 (q) UTILITY FACILITIES AND RIGHTS OF WAY.— 

20 (1) Nothing in this Act shall— 

21 (A) affect the existence, use, operation, 

22 maintenance (including but not limited to vege23 tation control), repair, construction, reconfig24 uration, expansion, inspection, renewal, recon25 struction, alteration, addition, relocation, imVerDate Sep 11 2014 06:10 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H496.IH H496

emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 496 IH

1 provement, funding, removal, or replacement of 

2 utility facilities or appurtenant rights of way 

3 within or adjacent to the National Scenic Area; 

4 (B) affect necessary or efficient access to 

5 utility facilities or rights of way within or adja6 cent to the National Scenic Area; 

7 (C) preclude the establishment of new util8 ity facilities or rights of way (including 

9 instream sites, routes, and areas) within the 

10 National Scenic Area if such facilities— 

11 (i) are necessary for public health and 

12 safety, electricity supply, telecommuni13 cations, or other utility services; 

14 (ii) are deemed necessary by the Cali15 fornia Public Utilities Commission (CPUC) 

16 and/or California Independent System Op17 erator (CAISO); 

18 (iii) comply with the National Envi19 ronmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.) and/or California Environ21 mental Quality Act; and 

22 (iv) are determined, pursuant to the 

23 process prescribed by the laws referred to 

24 in clause (iii), to be designed and con25 structed, to the extent practical, consistent 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 496 IH

1 with the purposes of the National Scenic 

2 Area, taking into consideration— 

3 (I) siting the utility facilities or 

4 rights of way outside of the National 

5 Scenic Area; and 

6 (II) mitigating impacts to the 

7 National Scenic Area, to the extent 

8 feasible, from the utility facilities or 

9 rights of way; or 

10 (D) preclude the use of motorized vehicles 

11 on and off roads and trails designated for use 

12 by motorized vehicles, including but not limited 

13 to the use of mechanized equipment, heli14 copters, and/or other aerial vehicles or devices, 

15 as necessary or efficient for the performance of 

16 activities related to the operation, maintenance, 

17 expansion, and/or construction of any utility fa18 cilities, including lines, and/or rights of way. 

19 (2) MANAGEMENT PLAN.—Consistent with this 

20 Act, the Management Plan shall establish plans for 

21 maintenance of public utility and other rights of way 

22 within the National Scenic Area. 

23 SEC. 4. MANAGEMENT PLAN. 

24 (a) IN GENERAL.—Not later than 3 years after the 

25 date of enactment of this Act, in accordance with subVerDate Sep 11 2014 06:10 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H496.IH H496

emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 496 IH

1 section (b), the Secretary shall develop a comprehensive 

2 plan for the long-term management of the National Scenic 

3 Area. 

4 (b) CONSULTATION.—In developing the management 

5 plan, the Secretary shall consult with— 

6 (1) appropriate State, tribal, and local govern7 mental entities, including Inyo County, the Los An8 geles Department of Water and Power, and the 

9 Tribe; 

10 (2) investor-owned utilities, including Southern 

11 California Edison Company; 

12 (3) the Alabama Hills Stewardship Group; and 

13 (4) members of the public. 

14 (c) INCORPORATION OF MANAGEMENT PLAN.—In de15 veloping the management plan, in accordance with this 

16 section, the Secretary shall allow, in perpetuity, casual17 use mining limited to the use of hand tools, metal detec18 tors, hand-fed dry washers, vacuum cleaners, gold pans, 

19 small sluices, and similar items. 

20 (d) INTERIM MANAGEMENT.—Pending completion of 

21 the management plan, the Secretary shall manage the Na22 tional Scenic Area in accordance with section 3. 


emcdonald on DSK67QTVN1PROD with BILLS
14 

•HR 496 IH

1 SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE2 SHOSHONE RESERVATION. 

3 (a) TRUST LAND.—As soon as practicable after the 

4 date of the enactment of this Act, the Secretary shall take 

5 the approximately 132 acres of Federal land depicted on 

6 the Map as ‘‘Lone Pine Paiute-Shoshone Reservation Ad7 dition’’ into trust for the benefit of the Tribe, subject to 

8 the following: 

9 (1) CONDITIONS.—The land shall be subject to 

10 all easements, covenants, conditions, restrictions, 

11 withdrawals, and other matters of record on the date 

12 of the enactment of this Act. 

13 (2) EXCLUSION.—The Federal lands over which 

14 the right-of-way for the Los Angeles Aqueduct is lo15 cated, generally described as the 250-foot-wide right16 of-way granted to the City of Los Angeles pursuant 

17 to the Act of June 30, 1906 (Chap. 3926), shall not 

18 be taken into trust for the Tribe. 

19 (b) RESERVATION LAND.—The land taken into trust 

20 pursuant to subsection (a) shall be considered part of the 

21 reservation of the Tribe. 

22 (c) GAMING PROHIBITION.—Gaming under the In23 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

24 shall not be allowed on the land taken into trust pursuant 

25 to subsection (a). 


emcdonald on DSK67QTVN1PROD with BILLS
15 

•HR 496 IH

1 SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 Administrative jurisdiction of the approximately 40 

3 acres of Federal land depicted on the Map as ‘‘USFS 

4 Transfer to BLM’’ is hereby transferred from the Forest 

5 Service under the Secretary of Agriculture to the Bureau 

6 of Land Management under the Secretary. 

7 SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL 

8 OPPORTUNITIES. 

9 Nothing in this Act shall be construed to limit com10 mercial services for existing and historic recreation uses 

11 as authorized by the Bureau of Land Management’s per12 mit process. Valid, existing, commercial permits to exer13 cise guided recreational opportunities for the public may 

14 continue as authorized on the day before the date of the 

15 enactment of this Act. 

16 SEC. 8. LAND CONVEYANCE TO ELIMINATE ENCROACH17 MENT ON PUBLIC LANDS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) AUTHORIZED OFFER PERIOD.—The term 

20 ‘‘authorized offer period’’ means the 120-day period 

21 beginning on the date on which the required ap22 praisal of the Federal land is completed under sub23 section (c). 

24 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

25 means the smallest parcel of land within the ap26 proximately four acres of Bureau of Land ManageVerDate Sep 11 2014 06:10 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H496.IH H496

emcdonald on DSK67QTVN1PROD with BILLS
16 

•HR 496 IH

1 ment land identified on the map as the ‘‘Conveyance 

2 Area’’ that— 

3 (A) the Secretary determines can be rea4 sonably described in legal language and effec5 tively administered; and 

6 (B) encompasses construction completed 

7 by Reginald Cook or his predecessor in interest 

8 as of the cadastral survey completed by the Bu9 reau of Land Management on April 21, 2011, 

10 and certified on October 12, 2011. 

11 (3) MAP.—The term ‘‘map’’ means the map ti12 tled ‘‘Proposed Conveyance Property’’, dated Janu13 ary 15, 2015, and on file in the appropriate office 

14 of the Director of the Bureau of Land Management. 

15 (4) REGINALD COOK.—The term ‘‘Reginald 

16 Cook’’ means Mr. Reginald Cook, the owner of prop17 erty adjacent to the Conveyance Area identified on 

18 the map. 

19 (b) CONVEYANCE AUTHORIZED.—If, before the end 

20 of the authorized offer period, Reginald Cook submits to 

21 the Secretary an offer to acquire the Federal land con22 sistent with subsections (d) and (e), the Secretary shall 

23 convey to Reginald Cook, upon payment of the required 

24 consideration, all right, title, and interest of the United 

25 States in and to the surface estate of the Federal land. 


emcdonald on DSK67QTVN1PROD with BILLS
17 

•HR 496 IH

1 The conveyance of the Federal land is subject to valid ex2 isting rights. 

3 (c) APPRAISAL.—Not later than 120 days after the 

4 date of the enactment of this Act, the Secretary shall com5 plete an appraisal of the Federal land in accordance with 

6 the ‘‘Uniform Appraisal Standards for Federal Land Ac7 quisitions’’ and the ‘‘Uniform Standards of Professional 

8 Appraisal Practice’’. 

9 (d) CONSIDERATION.—As consideration for the con10 veyance of the Federal land, Reginald Cook shall pay to 

11 the United States, for deposit in the general fund of the 

12 Treasury, an amount equal to the appraised value of the 

13 Federal land. 

14 (e) CONDITIONS.— 

15 (1) PAYMENT OF COSTS OF CONVEYANCE.— 

16 Reginald Cook shall cover any administrative costs 

17 incurred by the Secretary to carry out the convey18 ance of the Federal land, including the costs of any 

19 environmental, wildlife, cultural, or historical re20 sources studies. 

21 (2) RELEASE.—As a condition of the convey22 ance of the Federal land, Reginald Cook shall agree 

23 in writing to release and indemnify the United 

24 States from any claims or liabilities that may arise 


emcdonald on DSK67QTVN1PROD with BILLS
18 

•HR 496 IH

1 from use of the Federal land by the United States 

2 or Reginald Cook before the date of the conveyance. 

3 (f) ACCESS.—The Secretary shall continue to provide 

4 Reginald Cook with access to his property as required by 

5 section 3(h), subject to part 2800 of title 43, Code of Fed6 eral Regulations. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS