I 

114TH CONGRESS 

1ST SESSION H. R. 1838 

To establish the Clear Creek National Recreation Area in San Benito and 

Fresno Counties, California, to designate the Joaquin Rocks Wilderness 

in such counties, to designate additional components of the National 

Wild and Scenic Rivers System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 16, 2015 

Mr. FARR (for himself, Mr. VALADAO, and Mr. DENHAM) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To establish the Clear Creek National Recreation Area in 

San Benito and Fresno Counties, California, to designate 

the Joaquin Rocks Wilderness in such counties, to designate additional components of the National Wild and 

Scenic Rivers System, 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. 

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

5 Recreation Area and Conservation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the Plan for the Recreation Area 

3 prepared under section 4(c). 

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

5 Area’’ means the Clear Creek National Recreation 

6 Area. 

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

8 the Secretary of the Interior. 

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

10 of California. 

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

12 highway vehicle’’ means any motorized vehicle de13 signed for or capable of cross-country travel on or 

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

15 terrain and not intended for use on public roads. 

16 SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL 

17 RECREATION AREA. 

18 (a) IN GENERAL.—To promote environmentally re19 sponsible off highway vehicle recreation, there is estab20 lished the ‘‘Clear Creek National Recreation Area’’, to be 

21 managed by the Secretary. 

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

23 also support other public recreational uses, such as hunt24 ing, hiking, and rock and gem collecting. 

25 (c) MAP.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary shall submit a map and legal description of 

4 the Recreation Area to— 

5 (A) the Committee on Natural Resources 

6 of the House of Representatives; and 

7 (B) the Committee on Energy and Natural 

8 Resources of the Senate. 

9 (2) AVAILABILITY.—Copies of the map sub10 mitted under paragraph (1) shall be on file and 

11 available for public inspection in— 

12 (A) the Office of the Director of the Bu13 reau of Land Management; and 

14 (B) the appropriate office of the Bureau of 

15 Land Management in California. 

16 SEC. 4. MANAGEMENT. 

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

18 Recreation Area to further the purposes described in sec19 tion 3(a), in accordance with— 

20 (1) this Act; 

21 (2) the Federal Land Policy and Management 

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

23 (3) any other applicable law. 

24 (b) USES.—The Secretary shall— 


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1 (1) prioritize environmentally responsible off 

2 highway vehicle recreation and also facilitate hunt3 ing, hiking, gem collecting, and the use of motorized 

4 vehicles, mountain bikes, and horses in accordance 

5 with the management plan described in subsection 

6 (c); 

7 (2) issue special recreation permits for motor8 ized and non-motorized events; and 

9 (3) reopen the Clear Creek Management Area 

10 to the uses described in this subsection as soon as 

11 practicable following the enactment of this Act and 

12 in accordance with the management guidelines out13 lined in this Act and other applicable law. 

14 (c) INTERIM MANAGEMENT PLAN.—The Secretary 

15 shall use the 2005 Clear Creek Management Area Travel 

16 Management Plan as modified by this Act or the Secretary 

17 to incorporate natural resource protection information not 

18 available in 2005, as the basis of an interim management 

19 plan to govern off highway vehicle recreation within the 

20 Recreation Area pending the completion of the long-term 

21 management plan required in subsection (d). 

22 (d) PERMANENT MANAGEMENT PLAN.—Not later 

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

24 the Secretary shall create a comprehensive management 

25 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; and 

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

11 (3) shall include a hazards education program 

12 to inform people entering the Recreation Area of the 

13 asbestos related risks associated with various activi14 ties within the Recreation Area, including off-high15 way vehicle recreation; 

16 (4) shall include a user fee program for motor17 ized vehicle use within the Recreational Area and 

18 guidelines for the use of the funds collected for the 

19 management and improvement of the Recreation 

20 Area; 

21 (5) shall designate as many previously used 

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

23 recreation as feasible in accordance with this in 

24 order to provide a substantially similar recreational 

25 experience, except that nothing in this paragraph 


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1 shall be construed as precluding the Secretary from 

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

3 purposes of public safety or resource protection; 

4 (6) may incorporate any appropriate decisions, 

5 as determined by the Secretary, in accordance with 

6 this Act, that are contained in any management or 

7 activity plan for the area completed before the date 

8 of the enactment of this Act; 

9 (7) may incorporate appropriate wildlife habitat 

10 management plans or other plans prepared for the 

11 land within or adjacent to the Recreation Area be12 fore the date of the enactment of this Act, in accord13 ance with this Act; 

14 (8) may use information developed under any 

15 studies of land within or adjacent to the Recreation 

16 Area carried out before the date of enactment of this 

17 Act; and 

18 (9) may include cooperative agreements with 

19 State or local government agencies to manage all or 

20 a portion of the recreational activities within the 

21 Recreation Area in accordance with an approved 

22 management plan and the requirements of this Act. 

23 (e) ACQUISITION OF PROPERTY.— 


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

2 land adjacent to the National Recreation Area by 

3 purchase from willing sellers, donation, or exchange. 

4 (2) MANAGEMENT.—Any land acquired under 

5 paragraph (1) shall be managed in accordance 

6 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 law (including 

11 regulations). 

12 (3) IMPROVED ACCESS.—The Secretary may ac13 quire by purchase from willing sellers, donation, ex14 change, or easement, land, or interest in land to im15 prove public safety in providing access to the Recre16 ation Area. 

17 (f) PRIVATE PROPERTY.— 

18 (1) ACCESS TO PRIVATE PROPERTY.— 

19 (A) IN GENERAL.—The Secretary shall 

20 provide landowners adequate access to in21 holdings within the Recreation Area. 

22 (B) INHOLDINGS.—For access purposes, 

23 private land adjacent to the Recreation Area to 

24 which there is no other practicable access exVerDate Sep 11 2014 00:08 Apr 25, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1838.IH 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 (c)(3)(G) shall 

7 be— 

8 (1) deposited in a special account in the Treas9 ury of the United States; and 

10 (2) made available until expended, without fur11 ther appropriation, to the Secretary for use in the 

12 Recreation Area. 

13 (m) RISK STANDARD.—The National Oil and Haz14 ardous Substances Pollution Contingency Plan (section 

15 300 of title 40, Code of Federal Regulations), published 

16 pursuant to section 105 of the Comprehensive Environ17 mental Response, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9605), shall not apply to the Secretary’s 

19 management of asbestos exposure risks faced by the public 

20 when recreating within the Clear Creek Recreation Area 

21 described in section 3(b). 

22 SEC. 5. JOAQUIN ROCKS WILDERNESS. 

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

24 1131 et seq.), the approximately 21,000 acres of Federal 

25 lands located in Fresno County and San Benito County, 


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1 California, and generally depicted on a map entitled ‘‘Pro2 posed Joaquin Rocks Wilderness’’ and dated January 14, 

3 2015, is designated as wilderness and as a component of 

4 the National Wilderness Preservation System and shall be 

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

6 SEC. 6. CLEAR CREEK MANAGEMENT AREA WILD AND SCE7 NIC RIVERS. 

8 Section 3(a) of the Wild and Scenic Rivers Act (16 

9 U.S.C. 1274(a)) is amended by adding at the end the fol10 lowing paragraphs: 

11 ‘‘(ll) LARIOUS CANYON.—The approximately 

12 5.25 miles of Larious Canyon Creek from its source 

13 near Idria Peak in Section 6, R12E, T18S, to the 

14 boundary of the Clear Creek Special Recreation 

15 Management Area in Section 23, R11E, T17S. 

16 ‘‘(ll) SAN CARLOS CREEK.—The approxi17 mately 5.51 miles of the East Fork San Carlos 

18 Creek from its source near San Benito Mountain in 

19 Section 10, R12E, T18S, to the boundary of the 

20 Clear Creek Special Recreation Management Area in 

21 Section 22, R12E, T17S. 

22 ‘‘(ll) CANTUA CREEK.—The approximately 

23 7.68 miles of Cantua Creek from its source north of 

24 Santa Rita Peak in Section 24, R12E, T18S, to the 

25 public land boundary in Section 3, R13E, T18S. 


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1 ‘‘(ll) PICACHO CREEK.—The approximately 

2 2.65 miles of Picacho Creek, from its source spring 

3 in Section 20, R12E, T18S, to its confluence with 

4 the San Benito River. 

5 ‘‘(ll) WHITE CREEK AND TRIBUTARIES.— 

6 ‘‘(A) The approximately 5.37 miles of 

7 White Creek, from its source in Section 36, 

8 R12E, T18S, to the boundary of the Clear 

9 Creek Special Recreation Management Area in 

10 Section 17, R13E, T19S. 

11 ‘‘(B) The approximately 2.29 miles of the 

12 unnamed tributary of White Creek from its 

13 source just south of Spanish Lake in Section 

14 29, R13E, T18S, to its confluence with White 

15 Creek. 

16 ‘‘(C) The approximately 2.45 miles of the 

17 unnamed tributary of White Creek from its 

18 source in Section 33, R13E, T18S, to its con19 fluence with White Creek.’’. 

20 SEC. 7. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS 

21 STUDY AREA. 

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

23 of section 603 of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1782), the San Benito 


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1 Mountain wilderness study area has been adequately stud2 ied for wilderness designation. 

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

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

5 Federal Land Policy and Management Act of 1976 (43 

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

Æ 


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