San Gabriel Mountains Protection Act

Bill: 118-hr-3681
Sponsor: full_name: Rep. Chu, Judy [D-CA-28]
Introduced: 2023-05-25
Policy area: Public Lands and Natural Resources
Subjects: Advisory bodies

California

Emergency planning and evacuation

Fires

Forests, forestry, trees

Geography and mapping

Hunting and fishing

Land transfers

Land use and conservation

Livestock

Military facilities and property

Monuments and memorials

Parks, recreation areas, trails

Pest management

Water use and supply

Wilderness and natural areas, wildlife refuges, wild rivers, habitats

Wildlife conservation and habitat protection
Latest action: action_date: 2023-06-09
text: Referred to the Subcommittee on Federal Lands.

Summaries:
action_date: 2023-05-25
action_desc: Introduced in House
text: <p><strong>San Gabriel Mountains Protection Act</strong></p><p>This bill designates wilderness areas and wild and scenic rivers in California&nbsp;and modifies the boundaries of the San Gabriel Mountains National Monument in California to include additional National Forest System (NFS) land.</p><p>Specifically, the monument shall include approximately 109,167 acres of additional NFS land.</p><p>The bill designates parcels of NFS land as wilderness and components of the National Wilderness Preservation System to create the&nbsp;Condor Peak Wilderness and Yerba Buena Wilderness and to add to the San Gabriel Wilderness and Sheep Mountain Wilderness.</p><p>The bill designates specified wild and scenic rivers.</p><p>The Department of Agriculture may issue a special use authorization to the owners of a water transport or diversion facility located on NFS land in the Pleasant View Ridge Wilderness for the continued operation, maintenance, and reconstruction of the facility if specified conditions are met.</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: I 118th CONGRESS 1st Session H. R. 3681 IN THE HOUSE OF REPRESENTATIVES May 25, 2023 Ms. Chu (for herself, Mrs. Napolitano , Ms. Barragán , Mr. Bera , Ms. Brownley , Mr. Carbajal , Mr. Cárdenas , Mr. DeSaulnier , Ms. Eshoo , Mr. Garamendi , Mr. Robert Garcia of California , Mr. Gomez , Mr. Huffman , Ms. Kamlager-Dove , Mr. Khanna , Ms. Lee of California , Ms. Lofgren , Mr. Mullin , Ms. Porter , Mr. Schiff , Mr. Sherman , Mr. Swalwell , Ms. Sánchez , Mr. Takano , Ms. Waters , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundaries of the San Gabriel Mountains National Monument in the State of California to include additional National Forest System land, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the San Gabriel Mountains Protection Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. National monument boundary modification. Sec. 4. Designation of wilderness areas and additions. Sec. 5. Administration of wilderness areas and additions. Sec. 6. Designation of wild and scenic rivers. Sec. 7. Water rights. Sec. 8. Reauthorization of existing water facilities in Pleasant View Ridge Wilderness. 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of Agriculture. (2) Wilderness area or addition The term wilderness area or addition means any wilderness area or wilderness addition designated by section 4(a). 3. National monument boundary modification (a) In general The San Gabriel Mountains National Monument established by Presidential Proclamation 9194 ( 54 U.S.C. 320301 note) (referred to in this section as the Monument ) is modified to include the approximately 109,167 acres of additional National Forest System land depicted as the Proposed San Gabriel Mountains National Monument Expansion on the map entitled Proposed San Gabriel Mountains National Monument Expansion and dated June 26, 2019. (b) Administration The Secretary shall administer the Monument (including the land added to the Monument by subsection (a)), in accordance with— (1) Presidential Proclamation Number 9194 (79 Fed. Reg. 62303); (2) the laws generally applicable to the Monument; and (3) this Act. (c) Management plan Not later than 3 years after the date of enactment of this Act, the Secretary shall consult with the State, local governments, and interested members of the public to update the San Gabriel Mountains National Monument Plan to provide management direction and protection for the land added to the Monument by subsection (a). 4. Designation of wilderness areas and additions (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following parcels of National Forest System land in the State are designated as wilderness and as components of the National Wilderness Preservation System: (1) Condor peak wilderness Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled Condor Peak Wilderness—Proposed and dated June 6, 2019, which shall be known as the Condor Peak Wilderness . (2) San gabriel wilderness additions Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled San Gabriel Wilderness Additions and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90–318 ( 16 U.S.C. 1132 note; 82 Stat. 131). (3) Sheep mountain wilderness additions Certain Federal land in the Angeles National Forest, comprising approximately 13,726 acres, as generally depicted on the map entitled Sheep Mountain Wilderness Additions and dated June 6, 2019, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623). (4) Yerba buena wilderness Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled Yerba Buena Wilderness—Proposed and dated June 6, 2019, which shall be known as the Yerba Buena Wilderness . (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the wilderness areas and additions with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical error in the map or legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. 5. Administration of wilderness areas and additions (a) In general Subject to valid existing rights, the wilderness areas and additions shall be administered by the Secretary in accordance with this section and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (b) Fire management and related activities (1) In general The Secretary may carry out such activities in a wilderness area or addition as are necessary for the control of fire, insects, or diseases in accordance with— (A) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (B) House Report 98–40 of the 98th Congress. (2) Funding priorities Nothing in this Act limits funding for fire or fuels management in a wilderness area or addition. (3) Revision and development of local fire management plans As soon as practicable after the date of enactment of this Act, the Secretary shall amend, as applicable, any local fire management plan that applies to a wilderness area or addition. (4) Administration In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary shall— (A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and (B) enter into agreements with appropriate State or local firefighting agencies. (c) Grazing The grazing of livestock in a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines contained in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (d) Fish and wildlife (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish or wildlife on public land in the State. (2) Management activities (A) In general In support of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish or wildlife population or habitat in a wilderness area or addition, if the activity is conducted in accordance with— (i) applicable wilderness management plans; and (ii) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (B) Inclusions A management activity under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would maintain or improve wilderness character, is impossible to accomplish by nonmotorized methods, and is in accordance with memoranda of understanding between the Federal agencies and the California State Department of Fish and Wildlife. (C) Existing activities In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and other appropriate policies (such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405)), the State may use aircraft (including helicopters) in a wilderness area or addition to survey, capture, transplant, monitor, or provide water for a wildlife population, including bighorn sheep, if the activity, as determined by the Secretary is impossible to accomplish without use of aircraft, and is in accordance with memoranda of understanding between the Federal agencies and the California State Department of Fish and Wildlife. (e) Buffer zones (1) In general Nothing in this Act establishes any protective perimeter or buffer zone around a wilderness area or addition. (2) Activities or uses up to boundaries The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use up to the boundary of the wilderness area or addition. (f) Military activities Nothing in this Act precludes— (1) low-level overflights of military aircraft over a wilderness area or addition; (2) the designation of a new unit of special airspace over a wilderness area or addition; or (3) the use or establishment of a military flight training route over a wilderness area or addition. (g) Horses Nothing in this Act precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition— (1) in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and (2) subject to such terms and conditions as the Secretary determines to be necessary. (h) Law enforcement Nothing in this Act precludes any law enforcement or drug interdiction effort within a wilderness area or addition, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ). (i) Withdrawal Subject to valid existing rights, the wilderness areas and additions are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws. (j) Incorporation of acquired land and interests Any land within the boundary of a wilderness area or addition that is acquired by the United States shall— (1) become part of the wilderness area or addition in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq. ), and any other applicable law (including regulations). (k) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the device and access to the device is essential to a flood warning, flood control, or water reservoir operation activity. (l) Authorized event The Secretary may authorize the Angeles Crest 100 competitive running event to continue in substantially the same manner in which the event was operated and permitted in 2015 within the land added to the Sheep Mountain Wilderness by section 4(a)(3) and the Pleasant View Ridge Wilderness Area designated by section 1802(8) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1132 note; Public Law 111–11 ; 123 Stat. 1054), if the event is authorized and conducted in a manner compatible with the preservation of the areas as wilderness. 6. Designation of wild and scenic rivers (a) Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) East fork san gabriel river, california The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: (A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river. (B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river. (232) North fork san gabriel river, california The 4.3-mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river. (233) West fork san gabriel river, california The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: (A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with the unnamed tributary 0.25 miles downstream of the power lines in sec. 22, T. 2 N., R. 11 W., as a recreational river. (B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., to the confluence with Bobcat Canyon, as a wild river. (234) Little rock creek, california The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes: (A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river. (B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river. (C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river. (D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river. (E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river. . (b) Water resource facilities; water use (1) Water resource facilities (A) Definitions In this paragraph: (i) Water resource facility The term water resource facility means— (I) an irrigation or pumping facility; (II) a dam or reservoir; (III) a flood control facility; (IV) a water conservation works (including a debris protection facility); (V) a sediment placement site; (VI) a rain gauge or stream gauge; (VII) a water quality facility; (VIII) a recycled water facility or water pumping, conveyance, or distribution system; (IX) a water storage tank or reservoir; (X) a water treatment facility; (XI) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility; (XII) a groundwater recharge facility; (XIII) a water filtration plant; and (XIV) any other water diversion, conservation, storage, or carriage structure. (ii) Wild and scenic river segment The term wild and scenic river segment means a component of the national wild and scenic rivers system designated by paragraph (231), (232), (233), or (234) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (a)). (B) No effect on existing water resource facilities Nothing in this section alters, modifies, or affects— (i) the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, relocation, or replacement of a water resource facility downstream of a wild and scenic river segment, subject to the condition that the physical structures of such a facility or reservoir shall not be located within the wild and scenic river segment; or (ii) access to a water resource facility downstream of a wild and scenic river segment. (C) No effect on new water resource facilities Nothing in this section precludes the establishment of a new water resource facility (including instream sites, routes, and areas) downstream of a wild and scenic river segment. (2) Limitation Any new reservation of water or new use of water pursuant to existing water rights held by the United States to advance the purposes of the National Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) shall be for nonconsumptive instream use only within the wild and scenic river segments (as defined in paragraph (1)(A)). (3) Existing law Nothing in this section affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 7. Water rights (a) Statutory construction Nothing in this Act, and no action carried out pursuant to this Act— (1) constitutes an express or implied reservation of any water or water right, or authorizes an expansion of water use pursuant to existing water rights held by the United States, with respect to— (A) the San Gabriel Mountains National Monument; (B) the wilderness areas and additions designated by section 4; and (C) the components of the national wild and scenic rivers system designated by paragraphs (231), (232), (233), or (234) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by section 6(a)) and land adjacent to the components; (2) affects, alters, modifies, or conditions any water right in the State in existence on the date of enactment of this Act, including any water rights held by the United States; (3) establishes a precedent with respect to any designation of wilderness or wild and scenic rivers after the date of enactment of this Act; (4) affects, alters, or modifies the interpretation of, or any designation, decision, adjudication, or action carried out pursuant to, any other Act; or (5) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among or between the State and any other State. (b) State water law The Secretary shall comply with applicable procedural and substantive requirements under State law to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to— (1) the San Gabriel Mountains National Monument; (2) the wilderness areas and additions designated by section 4; and (3) the components of the national wild and scenic rivers system designated by paragraphs (231), (232), (233), or (234) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by section 6(a)). 8. Reauthorization of existing water facilities in Pleasant View Ridge Wilderness (a) Authorization for continued use The Secretary of Agriculture may issue a special use authorization to the owners of a water transport or diversion facility (in this section referred to as a facility ) located on National Forest System land in the Pleasant View Ridge Wilderness for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (1) the facility was in existence on the date on which the land upon which the facility is located was designated as part of the National Wilderness Preservation System (in this section referred to as the date of designation ); (2) the facility has been in substantially continuous use to deliver water for the beneficial use on the owner’s non-Federal land since the date of designation; (3) the owner of the facility holds a valid water right for use of the water on the owner’s non-Federal land under California State law, with a priority date that predates the date of designation; and (4) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (b) Terms and conditions (1) Required terms and conditions In a special use authorization issued under subsection (a), the Secretary may— (A) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (i) the use is the minimum necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under California State law; and (ii) the use of non-motorized equipment and non-mechanized transport is impracticable or infeasible; and (B) prohibit use of the facility for the diversion or transport of water in excess of the water right recognized by the State of California on the date of designation. (2) Discretionary terms and conditions In a special use authorization issued under subsection (a), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished.