II

Calendar No. 224

106TH CONGRESS

1ST SESSION H. R. 15

[Report No. 106–116]

IN THE SENATE OF THE UNITED STATES

APRIL 13, 1999

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

Resources

JULY 21, 1999

Reported by Mr. MURKOWSKI, without amendment

AN ACT

To designate a portion of the Otay Mountain region of

California as wilderness.

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 ‘‘Otay Mountain Wilder5 ness Act of 1999’’.

6 SEC. 2. FINDINGS.

7 The Congress finds and declares the following:
2

HR 15 RS

1 (1) The public lands within the Otay Mountain

2 region of California are one of the last remaining

3 pristine locations in western San Diego County,

4 California.

5 (2) This rugged mountain adjacent to the

6 United States-Mexico border is internationally

7 known for its diversity of unique and sensitive

8 plants.

9 (3) This area plays a critical role in San

10 Diego’s multi-species conservation plan, a national

11 model made for maintaining biodiversity.

12 (4) Due to its proximity to the international

13 border, this area is the focus of important law en14 forcement and border interdiction efforts necessary

15 to curtail illegal immigration and protect the area’s

16 wilderness values.

17 (5) The illegal immigration traffic, combined

18 with the rugged topography, also presents unique

19 fire management challenges for protecting lives and

20 resources.

21 SEC. 3. DESIGNATION.

22 In furtherance of the purposes of the Wilderness Act

23 (16 U.S.C. 1131 et seq.), certain public lands in the Cali24 fornia Desert District of the Bureau of Land Manage25 ment, California, comprising approximately 18,500 acres
3

HR 15 RS

1 as generally depicted on a map entitled ‘‘Otay Mountain

2 Wilderness’’ and dated May 7, 1998, are hereby des3 ignated as wilderness and therefore as a component of the

4 National Wilderness Preservation System, which shall be

5 known as the Otay Mountain Wilderness.

6 SEC. 4. MAP AND LEGAL DESCRIPTION.

7 (a) IN GENERAL.—As soon as practicable after the

8 date of enactment of this Act, a map and a legal descrip9 tion for the Wilderness Area shall be filed by the Secretary

10 with the Committee on Energy and Natural Resources of

11 the Senate and the Committee on Resources of the House

12 of Representatives. Such map and legal description shall

13 have the same force and effect as if included in this Act,

14 except that the Secretary, as appropriate, may correct

15 clerical and typographical errors in such legal description

16 and map. Such map and legal description for the Wilder17 ness Area shall be on file and available for public inspec18 tion in the offices of the Director and California State Di19 rector, Bureau of Land Management, Department of the

20 Interior.

21 (b) UNITED STATES-MEXICO BORDER.—In carrying

22 out this section, the Secretary shall ensure that the south23 ern boundary of the Wilderness Area is 100 feet north

24 of the trail depicted on the map referred to in subsection
4

HR 15 RS

1 (a) and is at least 100 feet from the United States-Mexico

2 international border.

3 SEC. 5. WILDERNESS REVIEW.

4 The Congress hereby finds and directs that all the

5 public lands not designated wilderness within the bound6 aries of the Southern Otay Mountain Wilderness Study

7 Area (CA–060–029) and the Western Otay Mountain Wil8 derness Study Area (CA–060–028) managed by the Bu9 reau of Land Management and reported to the Congress

10 in 1991, have been adequately studied for wilderness des11 ignation pursuant to section 603 of the Federal Land Pol12 icy and Management Act of 1976 (43 U.S.C. 1782), and

13 are no longer subject to the requirements contained in sec14 tion 603(c) of that Act pertaining to the management of

15 wilderness study areas in a manner that does not impair

16 the suitability of such areas for preservation as wilderness.

17 SEC. 6. ADMINISTRATION OF WILDERNESS AREA.

18 (a) IN GENERAL.—Subject to valid existing rights

19 and to subsection (b), the Wilderness Area shall be admin20 istered by the Secretary in accordance with the provisions

21 of the Wilderness Act (16 U.S.C. 1131 et seq.), except

22 that—

23 (1) any reference in such provisions to the ef24 fective date of the Wilderness Act is deemed to be

25 a reference to the effective date of this Act; and
5

HR 15 RS

1 (2) any reference in such provisions to the Sec2 retary of Agriculture is deemed to be a reference to

3 the Secretary of the Interior.

4 (b) BORDER ENFORCEMENT, DRUG INTERDICTION,

5 AND WILDLAND FIRE PROTECTION.—Because of the

6 proximity of the Wilderness Area to the United States7 Mexico international border, drug interdiction, border op8 erations, and wildland fire management operations are

9 common management actions throughout the area encom10 passing the Wilderness Area. This Act recognizes the need

11 to continue such management actions so long as such

12 management actions are conducted in accordance with the

13 Wilderness Act (16 U.S.C. 1131 et seq.) and are subject

14 to such conditions as the Secretary considers appropriate.

15 SEC. 7. FURTHER ACQUISITIONS.

16 Any lands within the boundaries of the Wilderness

17 Area that are acquired by the United States after the date

18 of enactment of this Act shall become part of the Wilder19 ness Area and shall be managed in accordance with all

20 the provisions of this Act and other laws applicable to such

21 a wilderness.

22 SEC. 8. NO BUFFER ZONES.

23 The Congress does not intend for the designation of

24 the Wilderness Area by this Act to lead to the creation

25 of protective perimeters or buffer zones around the Wil-
6

HR 15 RS

1 derness Area. The fact that nonwilderness activities or

2 uses can be seen or heard from areas within the Wilder3 ness Area shall not, of itself, preclude such activities or

4 uses up to the boundary of the Wilderness Area.

5 SEC. 9. DEFINITIONS.

6 As used in this Act:

7 (1) PUBLIC LANDS.—The term ‘‘public lands’’

8 has the same meaning as that term has in section

9 103(e) of the Federal Land Policy and Management

10 Act of 1976.

11 (2) SECRETARY.—The term ‘‘Secretary’’ means

12 the Secretary of the Interior.

13 (3) WILDERNESS AREA.—The term ‘‘Wilderness

14 Area’’ means the Otay Mountain Wilderness des15 ignated by section 3.

Passed the House of Representatives April 12, 1999.

Attest: JEFF TRANDAHL,

Clerk.

Calendar No. 224

106TH CONGRESS

1ST SESSION H. R. 15

[Report No. 106–116]

AN ACT

To designate a portion of the Otay Mountain region

of California as wilderness.

JULY 21, 1999

Reported without amendment