I 

116TH CONGRESS 

1ST SESSION H. R. 403 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. PANETTA 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, 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, the area generally 

20 depicted as ‘‘Proposed Clear Creek National Recreation 

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

22 Recreation Area’’ and dated February 14, 2017, is estab23 lished as the ‘‘Clear Creek National Recreation Area’’, to 

24 be managed by the Secretary. 


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

2 also support other public recreational uses, such as hunt3 ing, hiking, and rock and gem collecting. 

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

5 subsection (a) shall be on file and available for public in6 spection in— 

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

8 Land Management; and 

9 (2) the appropriate office of the Bureau of 

10 Land Management in California. 

11 SEC. 4. MANAGEMENT. 

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

13 Recreation Area to further the purposes described in sec14 tion 3(a), in accordance 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 other applicable law. 

19 (b) USES.—The Secretary shall— 

20 (1) prioritize environmentally responsible off 

21 highway vehicle recreation and also facilitate hunt22 ing, hiking, gem collecting, and the use of motorized 

23 vehicles, mountain bikes, and horses in accordance 

24 with the management plan described in subsection 

25 (c); 


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1 (2) issue special recreation permits for motor2 ized and non-motorized events; and 

3 (3) reopen the Clear Creek Management Area 

4 to the uses described in this subsection as soon as 

5 practicable following the enactment of this Act and 

6 in accordance with the management guidelines out7 lined in this Act and other applicable law. 

8 (c) INTERIM MANAGEMENT PLAN.—The Secretary 

9 shall use the 2006 Clear Creek Management Area Re10 source Management Plan Amendment and Route Designa11 tion Record of Decision as modified by this Act or the 

12 Secretary to incorporate natural resource protection infor13 mation not available in 2006, as the basis of an interim 

14 management plan to govern off highway vehicle recreation 

15 within the Recreation Area pending the completion of the 

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

17 (d) PERMANENT MANAGEMENT PLAN.—Not later 

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

19 the Secretary shall create a comprehensive management 

20 plan for the Clear Creek Recreation Area that— 

21 (1) shall describe the appropriate uses and 

22 management of the Recreation Area in accordance 

23 with this Act; 

24 (2) shall be prepared in consultation with— 


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1 (A) appropriate Federal, State, and local 

2 agencies (including San Benito, Monterey, and 

3 Fresno Counties); 

4 (B) adjacent land owners; 

5 (C) other stakeholders (including conserva6 tion and recreational organizations); and 

7 (D) holders of any easements, rights-of8 way, and other valid rights in the Recreation 

9 Area; 

10 (3) shall include a hazards education program 

11 to inform people entering the Recreation Area of the 

12 asbestos related risks associated with various activi13 ties within the Recreation Area, including off-high14 way vehicle recreation; 

15 (4) shall include a user fee program for motor16 ized vehicle use within the Recreational Area and 

17 guidelines for the use of the funds collected for the 

18 management and improvement of the Recreation 

19 Area; 

20 (5) shall designate as many previously used 

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

22 recreation as feasible in accordance with this in 

23 order to provide a substantially similar recreational 

24 experience, except that nothing in this paragraph 

25 shall be construed as precluding the Secretary from 


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

2 purposes of public safety or resource protection; 

3 (6) may incorporate any appropriate decisions, 

4 as determined by the Secretary, in accordance with 

5 this Act, that are contained in any management or 

6 activity plan for the area completed before the date 

7 of the enactment of this Act; 

8 (7) may incorporate appropriate wildlife habitat 

9 management plans or other plans prepared for the 

10 land within or adjacent to the Recreation Area be11 fore the date of the enactment of this Act, in accord12 ance with this Act; 

13 (8) may use information developed under any 

14 studies of land within or adjacent to the Recreation 

15 Area carried out before the date of enactment of this 

16 Act; and 

17 (9) may include cooperative agreements with 

18 State or local government agencies to manage all or 

19 a portion of the recreational activities within the 

20 Recreation Area in accordance with an approved 

21 management plan and the requirements of this Act. 

22 (e) ACQUISITION OF PROPERTY.— 

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

24 land adjacent to the National Recreation Area by 

25 purchase from willing sellers, donation, or exchange. 


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1 (2) MANAGEMENT.—Any land acquired under 

2 paragraph (1) shall be managed in accordance 

3 with— 

4 (A) the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

6 (B) this Act; and 

7 (C) any other applicable law (including 

8 regulations). 

9 (3) IMPROVED ACCESS.—The Secretary may ac10 quire by purchase from willing sellers, donation, ex11 change, or easement, land, or interest in land to im12 prove public safety in providing access to the Recre13 ation Area. 

14 (f) PRIVATE PROPERTY.— 

15 (1) ACCESS TO PRIVATE PROPERTY.— 

16 (A) IN GENERAL.—The Secretary shall 

17 provide landowners adequate access to in18 holdings within the Recreation Area. 

19 (B) INHOLDINGS.—For access purposes, 

20 private land adjacent to the Recreation Area to 

21 which there is no other practicable access ex22 cept through the Recreation Area shall be man23 aged as an inholding. 

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

25 this Act affects the ownership, management, or 


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1 other rights relating to any non-Federal land (in2 cluding any interest in any non-Federal land). 

3 (3) BUFFER ZONES.—Nothing in this Act cre4 ates a protective perimeter or buffer zone around the 

5 Recreation Area. 

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

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

8 in existence on the date of the enactment of this 

9 Act. 

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

11 Act— 

12 (1) shall constitute or be construed to con13 stitute either an express or implied reservation by 

14 the United States of any water or water rights with 

15 respect to the Recreation Area; or 

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

17 date of the enactment of this Act. 

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

19 (1) limits hunting or fishing; or 

20 (2) affects the authority, jurisdiction, or respon21 sibility of the State to manage, control, or regulate 

22 fish and resident wildlife under State law (including 

23 regulations), including the regulation of hunting or 

24 fishing on public land managed by the Bureau of 

25 Land Management. 


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

2 motorized vehicles are needed for administrative purposes 

3 or to respond to an emergency, the use of motorized vehi4 cles on public land in the Recreation Area shall be per5 mitted only on roads, trails, and areas designated by the 

6 management plan for the use by motorized vehicles. 

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

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

9 date of the enactment of this Act shall be allowed to con10 tinue, consistent with— 

11 (1) this Act; 

12 (2) the Federal Land Policy and Management 

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

14 (3) any regulations promulgated by the Sec15 retary, acting through the Director of the Bureau of 

16 Land Management. 

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

18 all Federal land within the Recreation Area is withdrawn 

19 from— 

20 (1) all forms of entry, appropriation, and dis21 posal under the public land laws; 

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

23 mining laws; and 

24 (3) operation of the mineral leasing, mineral 

25 materials, and geothermal leasing laws. 


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

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

3 (1) deposited in a special account in the Treas4 ury of the United States; and 

5 (2) made available until expended to the Sec6 retary for use in the Recreation Area. 

7 (m) RISK STANDARD.—The National Oil and Haz8 ardous Substances Pollution Contingency Plan (section 

9 300 of title 40, Code of Federal Regulations), published 

10 pursuant to section 105 of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9605), shall not apply to the Secretary’s 

13 management of asbestos exposure risks faced by the public 

14 when recreating within the Clear Creek Recreation Area 

15 described in section 3(b). 

16 SEC. 5. JOAQUIN ROCKS WILDERNESS. 

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

18 1131 et seq.), the approximately 21,000 acres of Federal 

19 lands located in Fresno County and San Benito County, 

20 California, and generally depicted on a map entitled ‘‘Pro21 posed Joaquin Rocks Wilderness’’ and dated February 14, 

22 2017, is designated as wilderness and as a component of 

23 the National Wilderness Preservation System and shall be 

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


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1 SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS 

2 STUDY AREA. 

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

4 of section 603 of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1782), the San Benito 

6 Mountain wilderness study area has been adequately stud7 ied for wilderness designation. 

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

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

10 Federal Land Policy and Management Act of 1976 (43 

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

12 SEC. 7. CLARIFICATION REGARDING FUNDING. 

13 No additional funds are authorized to carry out the 

14 requirements of this Act. Such requirements shall be car15 ried out using amounts otherwise authorized. 

Æ 


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