H. R. 4750
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To designate certain lands in the State of California as components of the National
Wilderness Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Big Sur
Wilderness and Conservation Act of 2002’’.
(b) DEFINITIONS.—As used in this Act, the term ‘‘Secretary’’
means the Secretary of the Interior or the Secretary of Agriculture,
as appropriate.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) ADDITIONS TO VENTANA WILDERNESS.—
(1) IN GENERAL.—The areas described in paragraph (2)—
(A) are hereby designated as wilderness and, therefore,
as components of the National Wilderness Preservation
System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Ventana Wilderness designated by
Public Law 91–58.
(2) AREAS DESCRIBED.—The areas referred to in paragraph
(1) are the following lands in the State of California adminis-
tered by the Bureau of Land Management or the United States
Forest Service:
(A) Certain lands which comprise approximately 995
acres, as generally depicted on a map entitled ‘‘Anastasia
Canyon Proposed Wilderness Additions to the Ventana
Wilderness’’ and dated March 22, 2002.
(B) Certain lands which comprise approximately 3,530
acres, as generally depicted on a map entitled ‘‘Arroyo
Seco Corridor Proposed Wilderness Addition to the Ventana
Wilderness’’ and dated March 22, 2002.
(C) Certain lands which comprise approximately 14,550
acres, as generally depicted on a map entitled ‘‘Bear Canyon
Proposed Wilderness Addition to the Ventana Wilderness’’
and dated March 22, 2002.
(D) Certain lands which comprise approximately 855
acres, as generally depicted on a map entitled ‘‘Black Rock
Proposed Wilderness Additions to the Ventana Wilderness’’
and dated March 22, 2002.
(E) Certain lands which comprise approximately 6,550
acres, as generally depicted on a map entitled ‘‘Chalk Peak
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Proposed Wilderness Addition to the Ventana Wilderness’’
and dated March 22, 2002.
(F) Certain lands which comprise approximately 1,345
acres, as generally depicted on a map entitled ‘‘Chews
Ridge Proposed Wilderness Addition to the Ventana Wilder-
ness’’ and dated March 22, 2002.
(G) Certain lands which comprise approximately 2,130
acres, as generally depicted on a map entitled ‘‘Coast Ridge
Proposed Wilderness Additions to the Ventana Wilderness’’
and dated March 22, 2002.
(H) Certain lands which comprise approximately 2,270
acres, as generally depicted on a map entitled ‘‘Horse
Canyon Proposed Wilderness Addition to the Ventana
Wilderness’’ and dated March 22, 2002.
(I) Certain lands which comprise approximately 755
acres, as generally depicted on a map entitled ‘‘Little Sur
Proposed Wilderness Addition to the Ventana Wilderness’’
and dated March 22, 2002.
(J) Certain lands which comprise approximately 4,130
acres, as generally depicted on a map entitled ‘‘San Antonio
Proposed Wilderness Addition to the Ventana Wilderness’’
and dated March 22, 2002.
(b) ADDITIONS TO SILVER PEAK WILDERNESS.—
(1) IN GENERAL.—The areas described in paragraph (2)—
(A) are hereby designated as wilderness and, therefore,
as components of the National Wilderness Preservation
System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Silver Peak Wilderness designated
by Public Law 102–301.
(2) AREAS DESCRIBED.—The areas referred to in paragraph
(1) are the following lands in the State of California adminis-
tered by the United States Forest Service:
(A) Certain lands which comprise approximately 8,235
acres, as generally depicted on a map entitled ‘‘San
Carpoforo Proposed Wilderness Addition to the Silver Peak
Wilderness’’ and dated March 22, 2002.
(B) Certain lands which comprise approximately 8,820
acres, as generally depicted on a map entitled ‘‘Willow
Creek Proposed Wilderness Addition to the Silver Peak
Wilderness’’ and dated March 22, 2002.
(c) ADDITIONS TO PINNACLES WILDERNESS.—
(1) IN GENERAL.—The areas described in paragraph (2)—
(A) are hereby designated as wilderness and, therefore,
as components of the National Wilderness Preservation
System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Pinnacles Wilderness designated by
Public Law 94–567.
(2) AREAS DESCRIBED.—The areas referred to in paragraph
(1) are the lands in the State of California administered by
the National Park Service which comprise approximately 2,715
acres, as generally depicted on a map entitled ‘‘Pinnacles Pro-
posed Wilderness Additions’’ and dated October 30, 2001.
(d) MAPS AND DESCRIPTIONS.—
(1) FILING.—As soon as practicable after the date of enact-
ment of this Act, the appropriate Secretary shall file a map
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and a boundary description of each area designated as wilder-
ness by this Act with the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) EFFECT.—Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and typo-
graphical errors in such boundary descriptions and maps.
(3) AVAILABILITY.—Such maps and boundary descriptions
shall be on file and available for public inspection in the Office
of the Director of the Bureau of Land Management and in
the Office of the Chief of the Forest Service, as appropriate.
(e) STATE
AND PRIVATE LANDS.—Lands within the exterior
boundaries of any area added to a wilderness area under this
section that are owned by the State or by a private entity shall
be included within such wilderness area if such lands are acquired
by the United States. Such lands may be acquired by the United
States only as provided in the Wilderness Act (16 U.S.C. 1131
and following).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) IN GENERAL.—Subject to valid existing rights, lands des-
ignated as wilderness by this Act shall be managed by the Secretary
of Agriculture or the Secretary of the Interior, as appropriate,
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.)
and this Act, except that, with respect to any wilderness areas
designated by this Act, any reference in the Wilderness Act to
the effective date of the Wilderness Act shall be deemed to be
a reference to the date of enactment of this Act.
(b) GRAZING.—Grazing of livestock in wilderness areas des-
ignated by this Act shall be administered in accordance with the
provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), as further interpreted by section 108 of Public Law
96–560, and, the guidelines set forth in Appendix A of House
Report 101–405 of the 101st Congress.
(c) STATE JURISDICTION.—As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall
be construed as affecting the jurisdiction or responsibilities of the
State of California with respect to wildlife and fish in California.
(d) WATER.—
(1) RESERVATION OF WATER.—With respect to each wilder-
ness area designated by this Act, Congress hereby reserves
a quantity of water sufficient to fulfill the purposes of this
Act. The priority date of such reserved rights shall be the
date of enactment of this Act.
(2) REQUIREMENT
TO
PROTECT
RIGHTS.—The appropriate
Secretary and all other officers of the United States shall
take steps necessary to protect the rights reserved by paragraph
(1), including the filing by the Secretary of a claim for the
quantification of such rights in any present or future appro-
priate stream adjudication in the courts of the State of Cali-
fornia in which the United States is or may be joined and
which is conducted in accordance with the McCarran Amend-
ment (43 U.S.C. 666).
(3) NO REDUCTION OR RELINQUISHMENT.—Nothing in this
Act shall be construed as a relinquishment or reduction of
any water rights reserved or appropriated by the United States
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in the State of California on or before the date of enactment
of this Act.
(4) LIMITATION
ON
EFFECT.—The Federal water rights
reserved by this Act are specific to the wilderness areas located
in the State of California designated by this Act. Nothing
in this Act related to reserved Federal water rights shall be
construed as establishing a precedent with regard to any future
designations, nor shall it constitute an interpretation of any
other Act or any designation made pursuant thereto.
SEC. 4. WILDERNESS FIRE MANAGEMENT.
(a) REVISION OF MANAGEMENT PLANS.—The Secretary of Agri-
culture shall, by not later than 1 year after the date of the enact-
ment of this Act, amend the management plans that apply to
each of the Ventana Wilderness and the Silver Peak Wilderness,
respectively, to authorize the Forest Supervisor of the Los Padres
National Forest to take whatever appropriate actions in such wilder-
ness areas are necessary for fire prevention and watershed protec-
tion consistent with wilderness values, including best management
practices for fire presuppression and fire suppression measures
and techniques.
(b) INCORPORATION INTO FOREST PLANNING.—Any special provi-
sions contained in the management plan for the Ventana Wilderness
and Silver Peak Wilderness pursuant to subsection (a) shall be
incorporated into the management plan for the Los Padres National
Forest.
SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT.
(a) OVERFLIGHTS.—Nothing in this Act shall preclude low level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(b) MILITARY ACCESS.—Nonmotorized access to and use of the
wilderness areas designated by this Act for military training shall
be authorized to continue in wilderness areas designated by this
Act in the same manner and degree as authorized prior to enact-
ment of this Act.
SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION.
(a) IN GENERAL.—The Secretary of Agriculture may conduct
a 5-year pilot program to target the eradication of invasive plant
and animal species in the Monterey District of the Los Padres
National Forest.
(b) APPLICATION
TO OTHER PROPERTY.—Activities under the
program may include actions to address invasive species problems
on nearby private land or other land that is not Forest Service
property, if—
(1) the land owner, or the head of the governmental agency
having administrative jurisdiction over the land in the case
of State, local, or Federal government-owned land, seeks to
participate in the program; and
(2) the invasive species concerned occurs on the land and
poses a threat to national forest lands.
(c) AUTHORIZATION OF APPROPRIATIONS.—To carry out this sec-
tion there is authorized to be appropriated $1,000,000 for each
of 5 fiscal years.
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SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT.
The Secretary of Agriculture may authorize the construction
and maintenance of a new water line and corresponding spring
box improvements adjacent to an existing domestic water service
in the Silver Peak Wilderness.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.