IIB 

114TH CONGRESS 

2D SESSION H. R. 1838 

IN THE SENATE OF THE UNITED STATES 

JULY 6, 2016 

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

Resources 

AN ACT 

To establish the Clear Creek National Recreation Area in 

San Benito and Fresno Counties, California, to designate 

the Joaquin Rocks Wilderness in such counties, 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. 

2 This Act may be cited as the ‘‘Clear Creek National 

3 Recreation Area and Conservation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the Plan for the Recreation Area 

8 prepared under section 4(c). 

9 (2) RECREATION AREA.—The term ‘‘Recreation 

10 Area’’ means the Clear Creek National Recreation 

11 Area. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

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

15 of California. 

16 (5) OFF HIGHWAY VEHICLE.—The term ‘‘off 

17 highway vehicle’’ means any motorized vehicle de18 signed for or capable of cross-country travel on or 

19 immediately over land, water, snow, or other natural 

20 terrain and not intended for use on public roads. 

21 SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL 

22 RECREATION AREA. 

23 (a) IN GENERAL.—To promote environmentally re24 sponsible off highway vehicle recreation, the area generally 

25 depicted as ‘‘Proposed Clear Creek National Recreation 

26 Area’’ on the map titled ‘‘Proposed Clear Creek National 


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1 Recreation Area’’ and dated December 15, 2015, is estab2 lished as the ‘‘Clear Creek National Recreation Area’’, to 

3 be managed by the Secretary. 

4 (b) OTHER PURPOSES.—The Recreation Area shall 

5 also support other public recreational uses, such as hunt6 ing, hiking, and rock and gem collecting. 

7 (c) MAP ON FILE.—Copies of the map referred to in 

8 subsection (a) shall be on file and available for public in9 spection in— 

10 (1) the Office of the Director of the Bureau of 

11 Land Management; and 

12 (2) the appropriate office of the Bureau of 

13 Land Management in California. 

14 SEC. 4. MANAGEMENT. 

15 (a) IN GENERAL.—The Secretary shall manage the 

16 Recreation Area to further the purposes described in sec17 tion 3(a), in accordance with— 

18 (1) this Act; 

19 (2) the Federal Land Policy and Management 

20 Act of 1976 (43 U.S.C. 1701 et seq.); and 

21 (3) any other applicable law. 

22 (b) USES.—The Secretary shall— 

23 (1) prioritize environmentally responsible off 

24 highway vehicle recreation and also facilitate hunt25 ing, hiking, gem collecting, and the use of motorized 


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1 vehicles, mountain bikes, and horses in accordance 

2 with the management plan described in subsection 

3 (c); 

4 (2) issue special recreation permits for motor5 ized and non-motorized events; and 

6 (3) reopen the Clear Creek Management Area 

7 to the uses described in this subsection as soon as 

8 practicable following the enactment of this Act and 

9 in accordance with the management guidelines out10 lined in this Act and other applicable law. 

11 (c) INTERIM MANAGEMENT PLAN.—The Secretary 

12 shall use the 2006 Clear Creek Management Area Re13 source Management Plan Amendment and Route Designa14 tion Record of Decision as modified by this Act or the 

15 Secretary to incorporate natural resource protection infor16 mation not available in 2006, as the basis of an interim 

17 management plan to govern off highway vehicle recreation 

18 within the Recreation Area pending the completion of the 

19 long-term management plan required in subsection (d). 

20 (d) PERMANENT MANAGEMENT PLAN.—Not later 

21 than 2 years after the date of the enactment of this Act, 

22 the Secretary shall create a comprehensive management 

23 plan for the Clear Creek Recreation Area that— 


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1 (1) shall describe the appropriate uses and 

2 management of the Recreation Area in accordance 

3 with this Act; 

4 (2) shall be prepared in consultation with— 

5 (A) appropriate Federal, State, and local 

6 agencies (including San Benito, Monterey, and 

7 Fresno Counties); 

8 (B) adjacent land owners; 

9 (C) other stakeholders (including conserva10 tion and recreational organizations); and 

11 (D) holders of any easements, rights-of12 way, and other valid rights in the Recreation 

13 Area; 

14 (3) shall include a hazards education program 

15 to inform people entering the Recreation Area of the 

16 asbestos related risks associated with various activi17 ties within the Recreation Area, including off-high18 way vehicle recreation; 

19 (4) shall include a user fee program for motor20 ized vehicle use within the Recreational Area and 

21 guidelines for the use of the funds collected for the 

22 management and improvement of the Recreation 

23 Area; 

24 (5) shall designate as many previously used 

25 trails, roads, and other areas for off highway vehicle 


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1 recreation as feasible in accordance with this in 

2 order to provide a substantially similar recreational 

3 experience, except that nothing in this paragraph 

4 shall be construed as precluding the Secretary from 

5 closing any area, trail, or route from use for the 

6 purposes of public safety or resource protection; 

7 (6) may incorporate any appropriate decisions, 

8 as determined by the Secretary, in accordance with 

9 this Act, that are contained in any management or 

10 activity plan for the area completed before the date 

11 of the enactment of this Act; 

12 (7) may incorporate appropriate wildlife habitat 

13 management plans or other plans prepared for the 

14 land within or adjacent to the Recreation Area be15 fore the date of the enactment of this Act, in accord16 ance with this Act; 

17 (8) may use information developed under any 

18 studies of land within or adjacent to the Recreation 

19 Area carried out before the date of enactment of this 

20 Act; and 

21 (9) may include cooperative agreements with 

22 State or local government agencies to manage all or 

23 a portion of the recreational activities within the 

24 Recreation Area in accordance with an approved 

25 management plan and the requirements of this Act. 


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1 (e) ACQUISITION OF PROPERTY.— 

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

3 land adjacent to the National Recreation Area by 

4 purchase from willing sellers, donation, or exchange. 

5 (2) MANAGEMENT.—Any land acquired under 

6 paragraph (1) shall be managed in accordance 

7 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 law (including 

12 regulations). 

13 (3) IMPROVED ACCESS.—The Secretary may ac14 quire by purchase from willing sellers, donation, ex15 change, or easement, land, or interest in land to im16 prove public safety in providing access to the Recre17 ation Area. 

18 (f) PRIVATE PROPERTY.— 

19 (1) ACCESS TO PRIVATE PROPERTY.— 

20 (A) IN GENERAL.—The Secretary shall 

21 provide landowners adequate access to in22 holdings within the Recreation Area. 

23 (B) INHOLDINGS.—For access purposes, 

24 private land adjacent to the Recreation Area to 

25 which there is no other practicable access exVerDate Sep 11 2014 23:45 Jul 06, 2016 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1838.RFS H1838

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1 cept through the Recreation Area shall be man2 aged as an inholding. 

3 (2) USE OF PRIVATE PROPERTY.—Nothing in 

4 this Act affects the ownership, management, or 

5 other rights relating to any non-Federal land (in6 cluding any interest in any non-Federal land). 

7 (3) BUFFER ZONES.—Nothing in this Act cre8 ates a protective perimeter or buffer zone around the 

9 Recreation Area. 

10 (4) VALID RIGHTS.—Nothing in this Act affects 

11 any easements, rights-of-way, and other valid rights 

12 in existence on the date of the enactment of this 

13 Act. 

14 (g) WATER RIGHT EXCLUSION.—Nothing in this 

15 Act— 

16 (1) shall constitute or be construed to con17 stitute either an express or implied reservation by 

18 the United States of any water or water rights with 

19 respect to the Recreation Area; or 

20 (2) shall affect any water rights existing on the 

21 date of the enactment of this Act. 

22 (h) HUNTING AND FISHING.—Nothing in this Act— 

23 (1) limits hunting or fishing; or 

24 (2) affects the authority, jurisdiction, or respon25 sibility of the State to manage, control, or regulate 


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1 fish and resident wildlife under State law (including 

2 regulations), including the regulation of hunting or 

3 fishing on public land managed by the Bureau of 

4 Land Management. 

5 (i) MOTORIZED VEHICLES.—Except in cases in which 

6 motorized vehicles are needed for administrative purposes 

7 or to respond to an emergency, the use of motorized vehi8 cles on public land in the Recreation Area shall be per9 mitted only on roads, trails, and areas designated by the 

10 management plan for the use by motorized vehicles. 

11 (j) GRAZING.—In the Recreation Area, the grazing 

12 of livestock in areas in which grazing is allowed as of the 

13 date of the enactment of this Act shall be allowed to con14 tinue, consistent with— 

15 (1) this Act; 

16 (2) the Federal Land Policy and Management 

17 Act of 1976 (43 U.S.C. 1701 et seq.); and 

18 (3) any regulations promulgated by the Sec19 retary, acting through the Director of the Bureau of 

20 Land Management. 

21 (k) WITHDRAWAL.—Subject to valid existing rights, 

22 all Federal land within the Recreation Area is withdrawn 

23 from— 

24 (1) all forms of entry, appropriation, and dis25 posal under the public land laws; 


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1 (2) location, entry, and patenting under the 

2 mining laws; and 

3 (3) operation of the mineral leasing, mineral 

4 materials, and geothermal leasing laws. 

5 (l) FEES.—Amounts received by the Secretary under 

6 the fee structure required by subsection (d)(4) shall be— 

7 (1) deposited in a special account in the Treas8 ury of the United States; and 

9 (2) made available until expended to the Sec10 retary for use in the Recreation Area. 

11 (m) RISK STANDARD.—The National Oil and Haz12 ardous Substances Pollution Contingency Plan (section 

13 300 of title 40, Code of Federal Regulations), published 

14 pursuant to section 105 of the Comprehensive Environ15 mental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9605), shall not apply to the Secretary’s 

17 management of asbestos exposure risks faced by the public 

18 when recreating within the Clear Creek Recreation Area 

19 described in section 3(b). 

20 SEC. 5. JOAQUIN ROCKS WILDERNESS. 

21 In accordance with the Wilderness Act (16 U.S.C. 

22 1131 et seq.), the approximately 21,000 acres of Federal 

23 lands located in Fresno County and San Benito County, 

24 California, and generally depicted on a map entitled ‘‘Pro25 posed Joaquin Rocks Wilderness’’ and dated January 14, 


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1 2015, is designated as wilderness and as a component of 

2 the National Wilderness Preservation System and shall be 

3 known as the ‘‘Joaquin Rocks Wilderness’’. 

4 SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS 

5 STUDY AREA. 

6 (a) FINDING.—Congress finds that, for the purposes 

7 of section 603 of the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1782), the San Benito 

9 Mountain wilderness study area has been adequately stud10 ied for wilderness designation. 

11 (b) RELEASE.—The San Benito Mountain wilderness 

12 study area is no longer subject to section 603(c) of the 

13 Federal Land Policy and Management Act of 1976 (43 

14 U.S.C. 1782(c)). 

15 SEC. 7. CLARIFICATION REGARDING FUNDING. 

16 No additional funds are authorized to carry out the 

17 requirements of this Act. Such requirements shall be car18 ried out using amounts otherwise authorized. 

Passed the House of Representatives July 5, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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