IIB 

114TH CONGRESS 

2D SESSION H. R. 496 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2016 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 

Sec. 8. Clarification regarding funding. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the Na10 tional Scenic Area developed under section 4(a). 

11 (2) MAP.—The term ‘‘Map’’ means the map ti12 tled ‘‘Proposed Alabama Hills National Scenic 

13 Area’’, dated September 8, 2014. 

14 (3) MOTORIZED VEHICLES.—The term ‘‘motor15 ized vehicles’’ means motorized or mechanized vehi16 cles and includes, when used by utilities, mechanized 

17 equipment, helicopters, and other aerial devices nec18 essary to maintain electrical or communications in19 frastructure. 

20 (4) NATIONAL SCENIC AREA.—The term ‘‘Na21 tional Scenic Area’’ means the Alabama Hills Na22 tional Scenic Area established by section 3(a). 


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

2 the Secretary of the Interior. 

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

4 of California. 

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

6 Pine Paiute-Shoshone. 

7 (8) UTILITY FACILITY.—The term ‘‘utility facil8 ity’’ means any and all existing and future water 

9 system facilities including aqueducts, streams, 

10 ditches, and canals; water facilities including, but 

11 not limited to, flow measuring stations, gauges, 

12 gates, values, piping, conduits, fencing, and electrical 

13 power and communications devices and systems; and 

14 any and all existing and future electric generation 

15 facilities, electric storage facilities, overhead and/or 

16 underground electrical supply systems and commu17 nication systems consisting of electric substations, 

18 electric lines, poles and towers made of various ma19 terials, ‘‘H’’ frame structures, guy wires and an20 chors, crossarms, wires, underground conduits, ca21 bles, vaults, manholes, handholes, above-ground en22 closures, markers and concrete pads and other fix23 tures, appliances and communication circuits, and 

24 other fixtures, appliances and appurtenances con25 nected therewith necessary or convenient for the 


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1 construction, operation, regulation, control, ground2 ing and maintenance of electric generation, storage, 

3 lines and communication circuits, for the purpose of 

4 transmitting intelligence and generating, storing, 

5 distributing, regulating and controlling electric en6 ergy to be used for light, heat, power, communica7 tion, and other purposes. 

8 SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALI9 FORNIA. 

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

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

12 Alabama Hills National Scenic Area. The National Scenic 

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

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

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

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

17 use, and enjoyment of present and future generations the 

18 nationally significant scenic, cultural, geological, edu19 cational, biological, historical, recreational, cinemato20 graphic, and scientific resources of the National Scenic 

21 Area managed consistent with section 302(a) of the Fed22 eral Land Policy and Management Act of 1976 (43 U.S.C. 

23 1732(a)). 

24 (c) MAP; LEGAL DESCRIPTIONS.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall file a map and a legal description of the Na4 tional Scenic Area with— 

5 (A) the Committee on Energy and Natural 

6 Resources of the Senate; and 

7 (B) the Committee on Natural Resources 

8 of the House of Representatives. 

9 (2) FORCE OF LAW.—The map and legal de10 scriptions filed under paragraph (1) shall have the 

11 same force and effect as if included in this Act, ex12 cept that the Secretary may correct any clerical and 

13 typographical errors in the map and legal descrip14 tions. 

15 (3) PUBLIC AVAILABILITY.—Each map and 

16 legal description filed under paragraph (1) shall be 

17 on file and available for public inspection in the ap18 propriate offices of the Forest Service and Bureau 

19 of Land 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; 

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

25 operations and maintenance of any activities associVerDate Sep 11 2014 02:38 May 25, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H496.RFS H496

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1 ated with valid, existing rights, including water 

2 rights; 

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

4 enhances the resources and values of the National 

5 Scenic Area described in subsection (b); and 

6 (4) in accordance with— 

7 (A) the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

9 (B) this Act; and 

10 (C) any other applicable laws. 

11 (e) MANAGEMENT.— 

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

13 only such uses of the National Scenic Area as the 

14 Secretary determines would support the purposes of 

15 the National Scenic Area as described in subsection 

16 (b). 

17 (2) RECREATIONAL ACTIVITIES.—Except as 

18 otherwise provided in this Act or other applicable 

19 law, or as the Secretary determines to be necessary 

20 for public health and safety, the Secretary shall 

21 allow existing recreational uses of the National Sce22 nic Area to continue, including hiking, mountain 

23 biking, rock climbing, sightseeing, horseback riding, 

24 hunting, fishing, and appropriate authorized motor25 ized vehicle use. 


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1 (3) MOTORIZED VEHICLES.—Except as speci2 fied within this Act and/or in cases in which motor3 ized vehicles are needed for administrative purposes, 

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

5 vehicles in the National Scenic Area shall be per6 mitted only 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 

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. 


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

2 private landowners adequate access to inholdings in the 

3 National 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 

13 described 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 

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 


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1 (B) applicable law; and 

2 (2) in a manner consistent with the purposes 

3 described 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 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 (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 

10 Secretary 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 (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, reconfig24 uration, expansion, inspection, renewal, recon25 struction, alteration, addition, relocation, imVerDate Sep 11 2014 02:38 May 25, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H496.RFS H496

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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 subject to sub7 section (e); 

8 (C) preclude the Secretary from author9 izing the establishment of new utility facility 

10 rights of way (including instream sites, routes, 

11 and areas) within the National Scenic Area in 

12 a manner that minimizes harm to the purpose 

13 of the National Scenic Area as described in sub14 section (b)— 

15 (i) with the National Environmental 

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

17 seq.) 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 sub4 section (b), the Secretary shall develop a comprehensive 

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

6 Area. 

7 (b) CONSULTATION.—In developing the management 

8 plan, the Secretary shall— 

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

10 local governmental entities, including Inyo County 

11 and the Tribe; and 

12 (2) seek input from— 

13 (A) investor-owned utilities, including 

14 Southern California Edison Company; 

15 (B) the Alabama Hills Stewardship Group; 

16 (C) members of the public; and 

17 (D) the Los Angeles Department of Water 

18 and Power. 

19 (c) INCORPORATION OF MANAGEMENT PLAN.—In de20 veloping the management plan, in accordance with this 

21 section, the Secretary shall allow, in perpetuity, casual22 use mining limited to the use of hand tools, metal detec23 tors, hand-fed dry washers, vacuum cleaners, gold pans, 

24 small sluices, and similar items. 


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1 (d) INTERIM MANAGEMENT.—Pending completion of 

2 the management plan, the Secretary shall manage the Na3 tional Scenic Area in accordance with section 3. 

4 SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE5 SHOSHONE RESERVATION. 

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

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

8 the approximately 132 acres of Federal land depicted on 

9 the Map as ‘‘Lone Pine Paiute-Shoshone Reservation Ad10 dition’’ into trust for the benefit of the Tribe, subject to 

11 the following: 

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

13 all easements, covenants, conditions, restrictions, 

14 withdrawals, and other matters of record on the date 

15 of the enactment of this Act. 

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

17 the right-of-way for the Los Angeles Aqueduct is lo18 cated, generally described as the 250-foot-wide right19 of-way granted to the City of Los Angeles pursuant 

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

21 be taken into trust for the Tribe. 

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

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

24 reservation of the Tribe. 


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1 (c) GAMING PROHIBITION.—Gaming under the In2 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

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

4 to subsection (a). 

5 SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

6 Administrative jurisdiction of the approximately 56 

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

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

9 Service under the Secretary of Agriculture to the Bureau 

10 of Land Management under the Secretary. 

11 SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL 

12 OPPORTUNITIES. 

13 Nothing in this Act shall be construed to limit com14 mercial services for existing and historic recreation uses 

15 as authorized by the Bureau of Land Management’s per16 mit process. Valid, existing, commercial permits to exer17 cise guided recreational opportunities for the public may 

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

19 enactment of this Act. 

20 SEC. 8. CLARIFICATION REGARDING FUNDING. 

21 No additional funds are authorized to carry out the 

22 requirements of this Act and the amendments made by 


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1 this Act. Such requirements shall be carried out using 

2 amounts otherwise authorized. 

Passed the House of Representatives May 23, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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