IB 

Union Calendar No. 445 

114TH CONGRESS 

2D SESSION H. R. 496 

[Report No. 114–575] 

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 

MAY 19, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 22, 2015] 


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A BILL 

To establish the Alabama Hills National Scenic Area in 

the State of California, and for other purposes. 


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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 ‘‘Ala5 bama 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. 

Sec. 7. Protection of services and recreational opportunities. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the Na12 tional Scenic Area developed under section 4(a). 

13 (2) MAP.—The term ‘‘Map’’ means the map ti14 tled ‘‘Proposed Alabama Hills National Scenic Area’’, 

15 dated September 8, 2014. 

16 (3) MOTORIZED VEHICLES.—The term ‘‘motor17 ized vehicles’’ means motorized or mechanized vehicles 

18 and includes, when used by utilities, mechanized 

19 equipment, helicopters, and other aerial devices nec20 essary to maintain electrical or communications in21 frastructure. 


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1 (4) NATIONAL SCENIC AREA.—The term ‘‘Na2 tional Scenic Area’’ means the Alabama Hills Na3 tional Scenic Area established by section 3(a). 

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

5 the Secretary of the Interior. 

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

7 of California. 

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

9 Pine Paiute-Shoshone. 

10 (8) UTILITY FACILITY.—The term ‘‘utility facil11 ity’’ means any and all existing and future water 

12 system facilities including aqueducts, streams, ditches, 

13 and canals; water facilities including, but not limited 

14 to, flow measuring stations, gauges, gates, values, pip15 ing, conduits, fencing, and electrical power and com16 munications devices and systems; and any and all ex17 isting and future electric generation facilities, electric 

18 storage facilities, overhead and/or underground elec19 trical supply systems and communication systems 

20 consisting of electric substations, electric lines, poles 

21 and towers made of various materials, ‘‘H’’ frame 

22 structures, guy wires and anchors, crossarms, wires, 

23 underground conduits, cables, vaults, manholes, 

24 handholes, above-ground enclosures, markers and con25 crete pads and other fixtures, appliances and commuVerDate Sep 11 2014 21:14 May 19, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H496.RH H496

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1 nication circuits, and other fixtures, appliances and 

2 appurtenances connected therewith necessary or con3 venient for the construction, operation, regulation, 

4 control, grounding and maintenance of electric gen5 eration, storage, lines and communication circuits, 

6 for the purpose of transmitting intelligence and gener7 ating, storing, distributing, regulating and control8 ling electric energy to be used for light, heat, power, 

9 communication, and other purposes. 

10 SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALI11 FORNIA. 

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

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

14 Alabama Hills National Scenic Area. The National Scenic 

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

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

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

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

19 use, and enjoyment of present and future generations the 

20 nationally significant scenic, cultural, geological, edu21 cational, biological, historical, recreational, cinemato22 graphic, and scientific resources of the National Scenic 

23 Area managed consistent with section 302(a) of the Federal 

24 Land Policy and Management Act of 1976 (43 U.S.C. 

25 1732(a)). 


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1 (c) MAP; LEGAL DESCRIPTIONS.— 

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

3 the date of enactment of this Act, the Secretary shall 

4 file a map and a legal description of the National 

5 Scenic Area with— 

6 (A) the Committee on Energy and Natural 

7 Resources of the Senate; and 

8 (B) the Committee on Natural Resources of 

9 the House of Representatives. 

10 (2) FORCE OF LAW.—The map and legal descrip11 tions filed under paragraph (1) shall have the same 

12 force and effect as if included in this Act, except that 

13 the Secretary may correct any clerical and typo14 graphical errors in the map and legal descriptions. 

15 (3) PUBLIC AVAILABILITY.—Each map and legal 

16 description filed under paragraph (1) shall be on file 

17 and available for public inspection in the appropriate 

18 offices of the Forest Service and Bureau of Land 

19 Management. 

20 (d) ADMINISTRATION.—The Secretary shall manage 

21 the National Scenic Area— 

22 (1) as a component of the National Landscape 

23 Conservation System; 


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1 (2) so as not to impact the future continuing op2 erations and maintenance of any activities associated 

3 with valid, existing rights, including water rights; 

4 (3) in a manner that conserves, protects, and en5 hances the resources and values of the National Scenic 

6 Area described in subsection (b); and 

7 (4) in accordance with— 

8 (A) the Federal Land Policy and Manage9 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

10 (B) this Act; and 

11 (C) any other applicable laws. 

12 (e) MANAGEMENT.— 

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

14 only such uses of the National Scenic Area as the Sec15 retary determines would support the purposes of the 

16 National Scenic Area as described in subsection (b). 

17 (2) RECREATIONAL ACTIVITIES.—Except as oth18 erwise provided in this Act or other applicable law, 

19 or as the Secretary determines to be necessary for 

20 public health and safety, the Secretary shall allow ex21 isting recreational uses of the National Scenic Area to 

22 continue, including hiking, mountain biking, rock 

23 climbing, sightseeing, horseback riding, hunting, fish24 ing, and appropriate authorized motorized vehicle 

25 use. 


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1 (3) MOTORIZED VEHICLES.—Except as specified 

2 within this Act and/or in cases in which motorized 

3 vehicles are needed for administrative purposes, or to 

4 respond to an emergency, the use of motorized vehicles 

5 in the National Scenic Area shall be permitted only 

6 on— 

7 (A) roads and trails designated by the Di8 rector of the Bureau of Land Management for 

9 use of motorized vehicles as part of a manage10 ment plan sustaining a semi-primitive motorized 

11 experience; or 

12 (B) on county-maintained roads in accord13 ance with applicable State and county laws. 

14 (f) NO BUFFER ZONES.— 

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

16 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. 


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

2 private landowners adequate access to inholdings in the Na3 tional Scenic Area. 

4 (h) 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 de13 scribed in subsection (b). 

14 (i) FISH AND WILDLIFE.—Nothing in this Act affects 

15 the jurisdiction or responsibilities of the State with respect 

16 to fish and wildlife. 

17 (j) 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 per21 mitted to continue— 

22 (1) subject to— 

23 (A) such reasonable regulations, policies, 

24 and practices as the Secretary considers to be 

25 necessary; and 


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1 (B) applicable law; and 

2 (2) in a manner consistent with the purposes de3 scribed in subsection (b). 

4 (k) 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 Scenic 

7 Area, including— 

8 (1) transportation, sightseeing and filming 

9 flights, general aviation planes, helicopters, hang-glid10 ers, and balloonists, for commercial or recreational 

11 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 (l) 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 


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

3 (m) 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 (n) GRANTS; COOPERATIVE AGREEMENTS.—The Sec10 retary may make grants to, or enter into cooperative agree11 ments with, State, tribal, and local governmental entities 

12 and private entities to conduct research, interpretation, or 

13 public education or to carry out any other initiative relat14 ing to the restoration, conservation, or management of the 

15 National Scenic Area. 

16 (o) 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 (p) 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, reconfigura24 tion, expansion, inspection, renewal, reconstruc25 tion, alteration, addition, relocation, improveVerDate Sep 11 2014 21:14 May 19, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H496.RH H496

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1 ment, funding, removal, or replacement of utility 

2 facilities or appurtenant rights of way within or 

3 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 subject to sub7 section (e); 

8 (C) preclude the Secretary from authorizing 

9 the establishment of new utility facility rights of 

10 way (including instream sites, routes, and areas) 

11 within the National Scenic Area in a manner 

12 that minimizes harm to the purpose of the Na13 tional Scenic Area as described in subsection 

14 (b)— 

15 (i) with the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

17 and any other applicable law; and 

18 (ii) subject to such terms and condi19 tions as the Secretary determines to be ap20 propriate. 

21 (2) MANAGEMENT PLAN.—Consistent with this 

22 Act, the Management Plan shall establish plans for 

23 maintenance of public utility and other rights of way 

24 within the National Scenic Area. 


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1 SEC. 4. MANAGEMENT PLAN. 

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

3 date of enactment of this Act, in accordance with subsection 

4 (b), the Secretary shall develop a comprehensive plan for 

5 the long-term management of the National Scenic Area. 

6 (b) CONSULTATION.—In developing the management 

7 plan, the Secretary shall— 

8 (1) consult with appropriate State, tribal, and 

9 local governmental entities, including Inyo County 

10 and the Tribe; and 

11 (2) seek input from— 

12 (A) investor-owned utilities, including 

13 Southern California Edison Company; 

14 (B) the Alabama Hills Stewardship Group; 

15 (C) members of the public; and 

16 (D) the Los Angeles Department of Water 

17 and Power. 

18 (c) INCORPORATION OF MANAGEMENT PLAN.—In de19 veloping the management plan, in accordance with this sec20 tion, the Secretary shall allow, in perpetuity, casual-use 

21 mining limited to the use of hand tools, metal detectors, 

22 hand-fed dry washers, vacuum cleaners, gold pans, small 

23 sluices, and similar items. 

24 (d) INTERIM MANAGEMENT.—Pending completion of 

25 the management plan, the Secretary shall manage the Na26 tional Scenic Area in accordance with section 3. 


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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 Addi7 tion’’ into trust for the benefit of the Tribe, subject to the 

8 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 Indian 

23 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not 

24 be allowed on the land taken into trust pursuant to sub25 section (a). 


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1 SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 Administrative jurisdiction of the approximately 56 

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 OP8 PORTUNITIES. 

9 Nothing in this Act shall be construed to limit commer10 cial services for existing and historic recreation uses as au11 thorized by the Bureau of Land Management’s permit proc12 ess. Valid, existing, commercial permits to exercise guided 

13 recreational opportunities for the public may continue as 

14 authorized on the day before the date of the enactment of 

15 this Act. 


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Union Calendar No. 445 

114TH CONGRESS 

2D SESSION H. R. 496 

[Report No. 114–575] 

A BILL 

To establish the Alabama Hills National Scenic 

purposes. Area in the State of California, and for other 

MAY 19, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3TPTVN1PROD with BILLS