I 

113TH CONGRESS 

2D SESSION H. R. 5573 

To establish the Alabama Hills National Scenic Area in the State of 

California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. COOK introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

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, 

3 SECTION 1. DEFINITIONS. 

4 In this Act: 

5 (1) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan for the Na7 tional Scenic Area developed under section 3(a). 

8 (2) MAP.—The term ‘‘Map’’ means the map ti9 tled ‘‘Proposed Alabama Hills National Scenic 

10 Area’’, dated September 8, 2014. 


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1 (3) MOTORIZED VEHICLES.—The term ‘‘motor2 ized vehicles’’ means motorized or mechanized vehi3 cles and includes, when used by utilities, mechanized 

4 equipment, helicopters, and other aerial devices nec5 essary to maintain electrical or communications in6 frastructure. 

7 (4) NATIONAL SCENIC AREA.—The term ‘‘Na8 tional Scenic Area’’ means the Alabama Hills Na9 tional Scenic Area established by section 2(a). 

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

11 the Secretary of the Interior. 

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

13 of California. 

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

15 Lone-Pine Paiute Shoshone Tribe. 

16 (8) UTILITY FACILITY.—The term ‘‘utility facil17 ity’’ means any and all existing and future electric 

18 generation facilities, electric storage facilities, over19 head and/or underground electrical supply systems 

20 and communication systems consisting of electric 

21 substations, electric lines, poles and towers made of 

22 various materials, ‘‘H’’ frame structures, guy wires 

23 and anchors, crossarms, wires, underground con24 duits, cables, vaults, manholes, handholes, above25 ground enclosures, markers and concrete pads and 


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1 other fixtures, appliances and communication cir2 cuits, and other fixtures, appliances and appur3 tenances connected therewith necessary or conven4 ient for the construction, operation, regulation, con5 trol, grounding and maintenance of electric genera6 tion, storage, lines and communication circuits, for 

7 the purpose of transmitting intelligence and gener8 ating, storing, distributing, regulating and control9 ling electric energy to be used for light, heat, power, 

10 communication, and other purposes. 

11 SEC. 2. ALABAMA HILLS NATIONAL SCENIC AREA, CALI12 FORNIA. 

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

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

15 Alabama Hills National Scenic Area. The National Scenic 

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

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

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

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

20 use, and enjoyment of present and future generations the 

21 nationally significant scenic, cultural, recreational, geo22 logical, educational, biological, historical, cinematographic, 

23 and scientific resources of the National Scenic Area man24 aged consistent with the principles of multiple use as deVerDate Sep 11 2014 00:43 Sep 26, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5573.IH H5573

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1 fined in the Federal Land Policy and Management Act 

2 of 1976. 

3 (c) MAP; LEGAL DESCRIPTIONS.— 

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

5 the date of enactment of this Act, the Secretary 

6 shall file a map and a legal description of the Na7 tional Scenic Area with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources 

11 of the House of Representatives. 

12 (2) FORCE OF LAW.—The map and legal de13 scriptions filed under paragraph (1) shall have the 

14 same force and effect as if included in this Act, ex15 cept that the Secretary may correct any clerical and 

16 typographical errors in the map and legal descrip17 tions. 

18 (3) PUBLIC AVAILABILITY.—Each map and 

19 legal description filed under paragraph (1) shall be 

20 on file and available for public inspection in the ap21 propriate offices of the Forest Service and Bureau 

22 of Land Management. 

23 (d) ADMINISTRATION.—The Secretary shall manage 

24 the National Scenic Area— 


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1 (1) as a component of the National Landscape 

2 Conservation System; 

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

4 operations and maintenance of any activities associ5 ated with valid, existing rights, including water 

6 rights; 

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

8 enhances the resources and values of the National 

9 Scenic Area described in subsection (b); and 

10 (4) in accordance with— 

11 (A) the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

13 (B) this Act; and 

14 (C) any other applicable laws. 

15 (e) MANAGEMENT.— 

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

17 only such uses of the National Scenic Area as the 

18 Secretary determines would support the purposes of 

19 the National Scenic Area as described in subsection 

20 (b). 

21 (2) RECREATIONAL ACTIVITIES.—Except as 

22 otherwise provided in this Act or other applicable 

23 law, or as the Secretary determines to be necessary 

24 for public health and safety, the Secretary shall 

25 allow existing recreational uses of the National SceVerDate Sep 11 2014 00:43 Sep 26, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5573.IH H5573

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1 nic Area to continue, including hiking, mountain 

2 biking, rock climbing, sightseeing, horseback riding, 

3 hunting, fishing, and appropriate authorized motor4 ized vehicle use. 

5 (3) MOTORIZED VEHICLES.—Except as speci6 fied within this Act and/or in cases in which motor7 ized vehicles are needed for administrative purposes, 

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

9 vehicles in the National Scenic Area shall be per10 mitted only on— 

11 (A) roads and trails designated by the Di12 rector of the Bureau of Land Management for 

13 use of motorized vehicles as part of a manage14 ment plan promoting a semi-primitive motorized 

15 experience; or 

16 (B) on county-maintained roads in accord17 ance with applicable State and county laws. 

18 (f) ACQUISITION OF LAND.— 

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

20 non-Federal land within the boundaries of the Na21 tional Scenic Area only through exchange, donation, 

22 or purchase from a willing seller. 

23 (2) MANAGEMENT.—Land acquired under para24 graph (1) shall be— 


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1 (A) considered to be a part of the National 

2 Scenic Area; and 

3 (B) managed in accordance with this Act 

4 and any other applicable laws. 

5 (g) NO BUFFER ZONES.— 

6 (1) IN GENERAL.—Nothing in this Act creates 

7 a protective perimeter or buffer zone around the Na8 tional Scenic Area. 

9 (2) ACTIVITIES OUTSIDE NATIONAL SCENIC

10 AREA.—The fact that an activity or use on land out11 side the National Scenic Area can be seen or heard 

12 within the National Scenic Area shall not preclude 

13 the activity or use outside the boundaries of the Na14 tional Scenic Area. 

15 (h) ACCESS.—The Secretary shall continue to provide 

16 private landowners adequate access to inholdings in the 

17 National Scenic Area. 

18 (i) FILMING.—Nothing in this Act prohibits filming 

19 (including commercial film production, student filming, 

20 and still photography) within the National Scenic Area— 

21 (1) subject to— 

22 (A) such reasonable regulations, policies, 

23 and practices as the Secretary considers to be 

24 necessary; and 

25 (B) applicable law; and 


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1 (2) in a manner consistent with the purposes 

2 described in subsection (b). 

3 (j) FISH AND WILDLIFE.—Nothing in this Act af4 fects the jurisdiction or responsibilities of the State with 

5 respect to fish and wildlife. 

6 (k) LIVESTOCK.—The grazing of livestock in the Na7 tional Scenic Area, including grazing under the Alabama 

8 Hills allotment and the George Creek allotment, as estab9 lished before the date of enactment of this Act, shall be 

10 permitted to continue— 

11 (1) subject to— 

12 (A) such reasonable regulations, policies, 

13 and practices as the Secretary considers to be 

14 necessary; and 

15 (B) applicable law; and 

16 (2) in a manner consistent with the purposes 

17 described in subsection (b). 

18 (l) OVERFLIGHTS.—Nothing in this Act restricts or 

19 precludes flights over the National Scenic Area or over20 flights that can be seen or heard within the National Sce21 nic Area, including— 

22 (1) transportation, sightseeing and filming 

23 flights, general aviation planes, helicopters, hang24 gliders, and balloonists, for commercial or rec25 reational purposes; 


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1 (2) low-level overflights of military aircraft; 

2 (3) flight testing and evaluation; or 

3 (4) the designation or creation of new units of 

4 special use airspace, or the establishment of military 

5 flight training routes, over the National Scenic Area. 

6 (m) WITHDRAWAL.—Subject to this Act’s provisions 

7 and valid rights in existence on the date of enactment of 

8 this Act, including rights established by prior withdrawals, 

9 the Federal land within the National Scenic Area is with10 drawn from all forms of— 

11 (1) entry, appropriation, or disposal under the 

12 public land laws; 

13 (2) location, entry, and patent under the mining 

14 laws; and 

15 (3) disposition under all laws pertaining to min16 eral and geothermal leasing or mineral materials. 

17 (n) WILDLAND FIRE OPERATIONS.—Nothing in this 

18 Act prohibits the Secretary, in cooperation with other Fed19 eral, State, and local agencies, as appropriate, from con20 ducting wildland fire operations in the National Scenic 

21 Area, consistent with the purposes described in subsection 

22 (b). 

23 (o) GRANTS; COOPERATIVE AGREEMENTS.—The Sec24 retary may make grants to, or enter into cooperative 

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1 tities and private entities to conduct research, interpreta2 tion, or public education or to carry out any other initia3 tive relating to the restoration, conservation, or manage4 ment of the National Scenic Area. 

5 (p) AIR AND WATER QUALITY.—Nothing in this Act 

6 modifies any standard governing air or water quality out7 side of the boundaries of the National Scenic Area. 

8 (q) UTILITY FACILITIES AND RIGHTS OF WAY.— 

9 (1) Nothing in this Act shall— 

10 (A) affect the existence, use, operation, 

11 maintenance (including but not limited to vege12 tation control), repair, construction, reconfig13 uration, expansion, inspection, renewal, recon14 struction, alteration, addition, relocation, im15 provement, funding, removal, or replacement of 

16 utility facilities or appurtenant rights of way 

17 within or adjacent to the National Scenic Area; 

18 (B) affect necessary or efficient access to 

19 utility facilities or rights of way within or adja20 cent to the National Scenic Area; 

21 (C) preclude the establishment of new util22 ity facilities or rights of way (including 

23 instream sites, routes, and areas) within the 

24 National Scenic Area if such facilities are nec25 essary for public health and safety, electricity 


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1 supply, telecommunications, or other utility 

2 services; and/or 

3 (D) preclude the use of motorized vehicles 

4 on and off roads and trails designated for use 

5 by motorized vehicles, including but not limited 

6 to the use of mechanized equipment, heli7 copters, and/or other aerial vehicles or devices, 

8 as necessary or efficient for the performance of 

9 activities related to the operation, maintenance, 

10 expansion, and/or construction of any utility fa11 cilities, including lines, and/or rights of way. 

12 (2) MANAGEMENT PLAN.—Consistent with this 

13 Act’s provisions, the Management Plan shall estab14 lish plans for maintenance of public utility and other 

15 rights of way within the National Scenic Area. 

16 SEC. 3. MANAGEMENT PLAN. 

17 (a) IN GENERAL.—Not later than 3 years after the 

18 date of enactment of this Act, in accordance with sub19 section (b), the Secretary shall develop a comprehensive 

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

21 Area. 

22 (b) CONSULTATION.—In developing the management 

23 plan, the Secretary shall consult with— 

24 (1) appropriate State, tribal, and local govern25 mental entities, including Inyo County, the Los AnVerDate Sep 11 2014 00:43 Sep 26, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5573.IH H5573

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1 geles Department of Water and Power, and the 

2 Tribe; 

3 (2) investor-owned utilities, including Southern 

4 California Edison Company; and 

5 (3) members of the public. 

6 (c) INCORPORATION OF MANAGEMENT PLAN.—In de7 veloping the management plan, in accordance with this 

8 section, the Secretary— 

9 (1) may incorporate any provision of the rel10 evant resource management plan in existence as of 

11 the date of enactment of this Act; and 

12 (2) shall allow, in perpetuity, recreational min13 ing limited to the use of hand tools, metal detectors, 

14 hand-fed dry washers, vacuum cleaners, gold pans, 

15 small sluices, and similar items. 

16 (d) INTERIM MANAGEMENT.—Pending completion of 

17 the management plan, the Secretary shall manage the Na18 tional Scenic Area in accordance with— 

19 (1) section 2; and 

20 (2) the applicable management plan of the Bu21 reau of Land Management in existence on the date 

22 of enactment of this Act. 


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1 SEC. 4. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE2 SHOSHONE RESERVATION. 

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

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

5 the approximately 132 acres of Federal land depicted on 

6 the Map as ‘‘Lone Pine Paiute-Shoshone Reservation Ad7 dition’’ into trust for the benefit of the Tribe, subject to 

8 the following: 

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

10 all easements, covenants, conditions, restrictions, 

11 withdrawals, and other matters of record on the date 

12 of the enactment of this Act. 

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

14 the right-of-way for the Los Angeles Aqueduct is lo15 cated, generally described as the 250-foot-wide right16 of-way granted to the City of Los Angeles pursuant 

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

18 be taken into trust for the Tribe. 

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

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

21 reservation of the Tribe. 

22 (c) GAMING PROHIBITION.—Gaming under the In23 dian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

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

25 to subsection (a). 


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1 SEC. 5. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

2 Administrative jurisdiction of the approximately 40 

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

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

5 Service under the Secretary of Agriculture to the Bureau 

6 of Land Management under the Secretary. 

Æ 


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