Big Sur Forest Service Management Unit Act of 2009 - Establishes the Big Sur Management Unit of Los Padres National Forest in California to replace the Monterey Ranger District in the Forest.
Directs the Secretary of the Interior to transfer to the administrative jurisdiction of the Secretary of Agriculture (the Secretary) all Bureau of Land Management (BLM) administered public lands within the boundaries of the Unit for inclusion in the Unit.
Authorizes the lease or issuance of permits for the use of all or a part of Brazil Ranch.
Designates the Unit as a Wildland Urban Interface Special Study Area. Requires the Secretary to: (1) make use of existing authority and resources to pioneer innovative fire pre-suppression methods consistent with public safety and wilderness values; (2) create and annually update a fire management plan applicable to the Unit; and (3) establish agency approval procedures for responding to fire emergencies in the Unit.
Adjusts the boundaries of the Ventana Wilderness Area. Designates the Horse Canyon and Horse Pasture proposed wilderness additions as wilderness and as components of the National Wilderness Preservation System.
Adjusts the boundaries of the Silver Peak Wilderness Area. Designates the Alder Creek proposed wilderness addition as wilderness and a component of such System.
Authorizes the Secretary of Agriculture to take measures in the wilderness areas and wilderness additions designated by this Act necessary for the control of fire, insects, and diseases.
Designates: (1) specified segments of the Arroyo Seco River, Big Creek, Carmel River, San Antonio River, and San Carpoforo Creek and their tributaries in Big Sur, California, as components of the National Wild and Scenic Rivers System; (2) Forest Service Road 19S09, to be known as the Arroyo Seco-Indians Trail, as a National Recreation Trail; and (3) the Jeff Norman Botanical Area.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4040 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4040
To redesignate the Monterey Ranger District of Los Padres National
Forest in the State of California as the Big Sur Management Unit, to
transfer certain Bureau of Land Management land for inclusion in the
management unit, to adjust the boundaries of the Ventana and Silver
Peak Wilderness Areas, to designate segments of Arroyo Seco River, Big
Creek, Carmel River, San Antonio River, San Carpoforo Creek, and their
tributaries as components of the National Wild and Scenic Rivers
System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2009
Mr. Farr introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To redesignate the Monterey Ranger District of Los Padres National
Forest in the State of California as the Big Sur Management Unit, to
transfer certain Bureau of Land Management land for inclusion in the
management unit, to adjust the boundaries of the Ventana and Silver
Peak Wilderness Areas, to designate segments of Arroyo Seco River, Big
Creek, Carmel River, San Antonio River, San Carpoforo Creek, and their
tributaries as components of the National Wild and Scenic Rivers
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Big Sur Forest
Service Management Unit Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BIG SUR MANAGEMENT UNIT
Sec. 101. Establishment of Big Sur Management Unit, Los Padres National
Forest.
Sec. 102. Boundary delineation.
Sec. 103. Use of Brazil Ranch.
Sec. 104. Fire management and related activities in Big Sur Management
Unit.
TITLE II--WILDERNESS AREA ADJUSTMENTS
Sec. 201. Findings and maps.
Sec. 202. Adjustments to boundaries of Ventana Wilderness Area,
California.
Sec. 203. Adjustments to boundaries of Silver Peak Wilderness Area,
California.
Sec. 204. Wilderness fire management and related activities.
Sec. 205. Repeal of Ventana land exchange authority.
TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL
DESIGNATIONS
Sec. 301. Wild and scenic river designations, Big Sur, California.
Sec. 302. Designation of Arroyo Seco-Indians Road as national
recreational trail.
TITLE IV--BOTANICAL AREA
Sec. 401. Jeff Norman Botanical Area.
TITLE I--BIG SUR MANAGEMENT UNIT
SEC. 101. ESTABLISHMENT OF BIG SUR MANAGEMENT UNIT, LOS PADRES NATIONAL
FOREST.
(a) Establishment.--There is hereby established the Big Sur
Management Unit of Los Padres National Forest in the State of
California, which shall replace the Monterey Ranger District of such
National Forest.
(b) Administration.--The Big Sur Management Unit shall be
administered as part of Los Padres National Forest, except that the
Secretary of Agriculture shall provide a separate line in the budget of
Los Padres National Forest for the Management Unit to allow the
Management Unit to receive funding to conduct activities and projects
to meet its primary management emphasis. The establishment of the
Management Unit does not require amendment of the land and resource
management plan for Los Padres National Forest until the next regularly
scheduled revision of the plan.
(c) Management Emphasis.--The Big Sur Management Unit shall be
managed in a manner consistent with the land and resource management
plan for Los Padres National Forest, with primary management emphasis
given to--
(1) the protection of the scenic and natural values of the
Big Sur coast and the Northern Santa Lucia Mountains;
(2) fish, wildlife, and native plant conservation; and
(3) public recreation.
SEC. 102. BOUNDARY DELINEATION.
(a) Boundaries.--The boundaries of the Big Sur Management Unit are
as depicted on the map entitled ``Big Sur Management Unit, Los Padres
National Forest December 2009'', which map shall be on file and
available for public inspection in the Office of the Chief of the
Forest Service.
(b) Transfer of Bureau of Land Management Land.--The Secretary of
the Interior shall transfer to the administrative jurisdiction of the
Secretary of the Agriculture, for inclusion in the Big Sur Management
Unit, all public lands administered by the Bureau of Land Management
within the boundaries of the Big Sur Management Unit, as delineated on
the map referred to in subsection (a).
(c) Effect of Transfer on Existing Permits.--In the case of any
permit or other land use authorization in effect, as of the transfer
date under subsection (b), for any of the land transferred pursuant to
such subsection, the Secretary of Agriculture shall administer the
permit or other land use authorization according to the terms of the
permit or other land use authorization. Upon expiration of such a
permit or authorization, the Secretary of Agriculture may reauthorize
the use covered by the permit or authorization under authorities
available to the Secretary on such terms and conditions as the
Secretary considers in the public interest.
(d) Relation to Land and Water Conservation Fund Act.--For purposes
of section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of Los Padres National Forest, as
modified by this section, shall be considered to be boundaries of Los
Padres National Forest, as of January 1, 1965.
SEC. 103. USE OF BRAZIL RANCH.
(a) Cooperative Authorities.--The Secretary of Agriculture may
lease or issue permits for the use of all or a part of the Big Sur
coastal property known as the Brazil Ranch, which was acquired by the
Secretary in 2000, to any person on such terms and conditions as the
Secretary considers to be in the public interest.
(b) Consideration.--The Secretary of Agriculture may accept
consideration for a lease or permit under subsection (a) in the form of
either of the following, or a combination thereof:
(1) Construction, maintenance, and repair of structures of,
roads on, or improvements to, the Brazil Ranch.
(2) Cash.
(c) Disposition of Receipts.--Any amounts received as consideration
for a lease or permit under subsection (a) shall be deposited into the
fund established under Public Law 90-171 (commonly known as the Sisk
Act; 16 U.S.C. 484a).
(d) Use of Receipts.--The amounts deposited under subsection (c)
shall be available to the Secretary of Agriculture, until expended and
without further appropriation, for expenditure for the preservation,
restoration, operation, maintenance, interpretation, and similar
activities related to the Brazil Ranch, which may include establishment
of an environmental center, and the management of the Big Sur
Management Unit. Such amounts shall not be subject to transfer or
reprogramming for wildland fire management or any other emergency
purposes.
SEC. 104. FIRE MANAGEMENT AND RELATED ACTIVITIES IN BIG SUR MANAGEMENT
UNIT.
(a) Fire Management Area in the Wildland Urban Interface.--The Big
Sur Management Unit is hereby designated a Wildland Urban Interface
Special Study Area. The Secretary of Agriculture shall make use of
existing authority and resources to pioneer and demonstrate innovative
fire pre-suppression methods that are consistent with public safety and
wilderness values.
(b) Development of Local Fire Management Plan.--Not later than one
year after the date of enactment of this Act, the Secretary of
Agriculture shall create a fire management plan that applies to the
lands designated as the Big Sur Management Unit, and update that plan
annually. This fire management plan shall be created in compliance with
the National Environmental Policy Act of 1969.
(c) Administration.--Consistent with subsection (a) and other
applicable Federal law, to ensure a timely and efficient response to
fire emergencies in the Big Sur Management Unit, the Secretary of
Agriculture shall--
(1) not later than one year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest Supervisor,
District Ranger, or other agency officials) for responding to
fire emergencies; and
(2) enter into agreements with appropriate State or local
firefighting agencies.
TITLE II--WILDERNESS AREA ADJUSTMENTS
SEC. 201. FINDINGS AND MAPS.
(a) Findings.--Congress finds that certain minor adjustments to the
boundaries of the additions to the Ventana and Silver Peak Wilderness
Areas made by section 2 of the Big Sur Wilderness and Conservation Act
of 2002 (Public Law 107-370) will promote more effective management of
wilderness and National Forest resources.
(b) Revised Maps.--Not later than one year after the date of the
enactment of this Act, the Secretary of Agriculture shall prepare and
make available for public inspection in the Office of the Chief of the
Forest Service amended maps effecting the changes to wilderness
boundaries of the Ventana and Silver Peak Wilderness Areas made by this
title.
SEC. 202. ADJUSTMENTS TO BOUNDARIES OF VENTANA WILDERNESS AREA,
CALIFORNIA.
(a) Exclusions.--The additions made to the Ventana Wilderness Area
by section 2(a) of the Big Sur Wilderness and Conservation Act of 2002
(Public Law 107-370; 16 U.S.C. 1132 note; 116 Stat. 3071) are modified
as follows:
(1) The San Antonio Addition is modified to exclude
portions of the Merle Ranch in sections 26 and 35 of township
21 south, range 5 east, which consists of approximately 145
acres as generally depicted on the map entitled ``Merle Ranch
Exclusion'' and dated May 29, 2008.
(2) The Bear Canyon Addition is modified to exclude the
Santa Lucia Memorial Park Campground in section 7 of township
21 south, range 5 east, and to allow for a 300-foot buffer
around the perimeter of the campground, which consists of
approximately 23.917 acres as generally depicted on the map
entitled ``Bear Canyon PWA'' and dated March 14, 2007.
(3) The Bear Canyon Addition is modified to exclude the
Santa Lucia Trailhead in section 7 of township 21 south, 5
east, and to allow for a 300-foot buffer around the perimeter
of the trailhead parking area, which consists of approximately
6.458 acres as generally depicted on the map referred to in
paragraph (2).
(4) The Chalk Peak Addition is modified to impose a non-
wilderness buffer for roads of 100 feet from the edge of the
road.
(5) The Little Sur Addition is modified to exclude a
portion of section 12 of township 19 south, range 1 east, which
consists of approximately 14 acres as generally depicted on a
map entitled ``Little Sur Additions Boundary Adjustment'' and
dated February 1, 2009.
(b) Additions.--
(1) In general.--The lands described in paragraph (2) are
hereby designated as wilderness and, therefore, as components
of the National Wilderness Preservation System and are hereby
incorporated in and shall be deemed to be a part of the Ventana
Wilderness designated by Public Law 91-58 (16 U.S.C. 1132 note;
83 Stat. 101).
(2) Covered land.--Paragraph (1) applies with respect to
the following:
(A) Certain lands comprising approximately 1,515
acres, as generally depicted on a map entitled ``Horse
Canyon Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 17, 2008.
(B) Certain lands comprising approximately 772
acres, as generally depicted on a map entitled ``Horse
Pasture Proposed Wilderness Addition'' and dated May
20, 2008.
(c) Repeater Site.--Within the Ventana Wilderness, the Secretary of
Agriculture may use helicopter access to construct and maintain a
Forest Service telecommunications repeater site in the immediate
vicinity of Pinyon Peak, in compliance with a Forest Service approved
communications site plan, for the sole purpose of improving Forest
Service communications for safety, health, and emergency services.
SEC. 203. ADJUSTMENTS TO BOUNDARIES OF SILVER PEAK WILDERNESS AREA,
CALIFORNIA.
(a) Exclusions.--The additions made to the Silver Peak Wilderness
Area by section 2(b) of the Big Sur Wilderness and Conservation Act of
2002 (Public Law 107-370; 16 U.S.C. 1132 note; 116 Stat. 3072) are
modified as follows:
(1) The San Carpoforo Addition is modified to exclude the
Lottie Potero Campsite in section 18 of township 24 south,
range 7 east, and to allow for a 300-foot non-wilderness buffer
around the perimeter of the campsite, which consists of
approximately 6.458 acres as generally depicted on the map
titled ``San Carpoforo PWA'' and dated March 14, 2007.
(2) The Willow Creek Addition is modified to exclude the
Miguel Campsite and access road in section 14 of township 23
south, range 5 east, to allow a 300-foot buffer of non-
wilderness around the perimeter of the campsite, and to provide
the access road to Miguel Campsite with a non-wilderness buffer
of 100 feet from the edge of the road, which consists of
approximately 12.701 acres as generally depicted on the map
titled ``Willow Creek PWA'' and dated March 14, 2007.
(3) The Willow Creek addition is modified to exclude the
Sycamore Campsite in section 28 of township 23 south, range 5
east, to allow a 300-foot buffer of non-wilderness buffer
around the perimeter of the campsite, and to provide Forest
Road 23S10J and the access road to Sycamore Campsite with a
non-wilderness buffer of 100 feet from the edge of the road,
which consists of approximately 23.580 acres as generally
depicted on the map titled ``Silver Peak Wilderness Proposed
Boundary Adjustment'' and dated October 9, 2007.
(b) Additions.--Certain lands comprising approximately 42.7 acres,
as generally depicted on a map entitled ``Alder Creek Proposed
Wilderness Addition to the Silver Peak Wilderness'' and dated March 17,
2008, are hereby designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System and are hereby
incorporated in and shall be deemed to be a part of the Silver Peak
Wilderness Area designated by section 2(7) of Public Law 102-301 (16
U.S.C. 1132 note; 106 Stat. 243).
SEC. 204. WILDERNESS FIRE MANAGEMENT AND RELATED ACTIVITIES.
(a) In General.--The Secretary of Agriculture may take such
measures in a wilderness area or wilderness addition designated by this
title as are necessary for the control of fire, insects, and diseases
in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)) and House Report 98-40 of the 98th Congress.
(b) Funding Priorities.--Nothing in this Act limits funding for
fire and fuels management in the Ventana and Silver Peak Wilderness
Areas and wilderness additions designated by this title.
SEC. 205. REPEAL OF VENTANA LAND EXCHANGE AUTHORITY.
Section 2 of Public Law 101-539 (16 U.S.C. 1132 note; 104 Stat.
2377) is repealed.
TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL
DESIGNATIONS
SEC. 301. WILD AND SCENIC RIVER DESIGNATIONS, BIG SUR, CALIFORNIA.
(a) Legal Effect of Designations.--For purposes of the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.), the rivers and land
adjacent thereto described in this section in the State of California
are designated as components of the national wild and scenic rivers
system and shall be administered by the Secretary of Agriculture in
accordance with such Act.
(b) Arroyo Seco River, California.--The following segments of the
Arroyo Seco River and its tributaries are designated as follows:
(1) The 3.68-mile segment of the Arroyo Seco River from the
source of the Arroyo Seco River to the Ventana Wilderness
boundary, as a wild river.
(2) The .5-mile segment of the Arroyo Seco River from the
Ventana Wilderness boundary to the confluence with Roosevelt
Creek, as a recreational river.
(3) The 1.69-mile segment of the Arroyo Seco River from the
confluence with Roosevelt Creek to the confluence with the
unnamed tributary in section 1 of township 20 south, range 5
east, as a scenic river.
(4) The 8.68-mile segment of the Arroyo Seco River from the
confluence with the unnamed tributary referred to in paragraph
(3) to the Ventana Wilderness boundary upstream of the
confluence with Tassajara Creek, as a wild river.
(5) The 2.13 mile segment of the Arroyo Seco River from the
Ventana Wilderness boundary upstream of the confluence with
Tassajara Creek to the confluence with Rocky Creek, as a scenic
river.
(6) The 2.53-mile segment of the Arroyo Seco River from the
confluence with Rocky Creek to the Los Padres National Forest
boundary, as a recreational river.
(7) The 6.5-mile segment of Tassajara Creek from its source
to the Ventana Wilderness boundary upstream of Tassajara Hot
Springs, as a wild river.
(8) The 1-mile segment of Tassajara Creek from the Ventana
Wilderness boundary upstream of Tassajara Hot Springs to the
Ventana Wilderness boundary downstream of Tassajara Hot
Springs, as a recreational river.
(9) The 3.5-mile segment of Tassajara Creek from the
Tassajara Hot Springs property boundary to the confluence with
the Arroyo Seco River, as a wild river.
(10) The 1.2-mile segment of Church Creek from its source
to the confluence of the unnamed tributary flowing in from the
north in section 13 of township 19 south, range 3 east, as a
wild river.
(11) The 1-mile segment of Church Creek from the unnamed
tributary referred to in paragraph (10) to the confluence with
the unnamed tributary flowing in from the east in section 24 of
township 19 south, range 3 east, as a recreational river.
(12) The 2.36-mile segment of Church Creek from the
confluence with the unnamed tributary referred to in paragraph
(11) to the confluence with Tassajara Creek, as a wild river.
(c) Big Creek, California.--The following segments of Big Creek and
its tributaries are designated as follows:
(1) The 4.9-mile segment of Big Creek from its source to
.10 miles upstream of the hot springs, as a wild river.
(2) The .87-mile segment of Big Creek from .10 miles
upstream of the hot springs to the confluence with Devils
Canyon Creek, as a scenic river.
(3) The .71-mile segment of Big Creek from the confluence
with Devils Canyon Creek to the confluence with the Pacific
Ocean, as a recreational river.
(4) The 3.89-mile segment of the North Fork Big Creek from
its source to the confluence with Big Creek, as a wild river.
(5) The 2.89-mile segment of the North Fork Devils Canyon
Creek from its source to the Ventana Wilderness boundary in
section 30 of township 21 south, range 3 east, as a wild river.
(6) The 1.56-mile segment of the North Fork Devils Canyon
Creek from the Ventana Wilderness boundary in section 30 of
township 21 south, range 3 east, to the confluence with Big
Creek, as a recreational river.
(7) The 4.82-mile segment of the Middle Fork Devils Canyon
Creek from its source to the confluence with the North Fork
Devils Canyon Creek, as a wild river.
(8) The 3.99-mile segment of the South Fork Devils Canyon
Creek from its source to the confluence with the Middle Fork
Devils Canyon Creek, as a wild river.
(d) Carmel River, California.--The 10.9-mile segment of the Carmel
River from its source in Pine Valley to the Los Padres National Forest
boundary is designated as a wild river.
(e) San Antonio River, California.--The following segments of the
San Antonio River and its tributaries are designated as follows:
(1) The 7.6-mile segment of the San Antonio River from its
source to the Ventana Wilderness boundary, as a wild river.
(2) The 1-mile segment of the San Antonio River from the
Ventana Wilderness boundary to the Los Padres National Forest
boundary, as a scenic river.
(3) The 1.15-mile segment of the North Fork San Antonio
River from its source to the Ventana Wilderness boundary in
section 18 of township 21 south, range 5 east, as a wild river.
(4) The 1.32-mile segment of the North Fork San Antonio
River from the Ventana Wilderness boundary to the point where
the North Fork leaves the Milpitas (Indians) Road in section 17
of township 21 south, range 5 east, as a recreational river.
(5) The .32-mile segment of Rattlesnake Creek from the Los
Padres National Forest boundary to the confluence with the
North Fork San Antonio River, as a wild river.
(6) The 1.25-mile segment of the unnamed tributary near
Indians Ranch from the pond dam to the confluence with the
North Fork San Antonio River, as a recreational river.
(7) The 3.51-mile segment of the unnamed tributary from its
source west of Junipero Serra Peak in section 33 of township 20
south, range 5 east, to .25 miles upstream of the Milpitas
(Indians) Road, as a wild river.
(8) The .64-mile segment of the unnamed tributary from .25
miles upstream of the Milpitas (Indians) Road to the confluence
with the North Fork San Antonio River, as a scenic river.
(9) The 4.25-mile segment of the North Fork San Antonio
River from the Milpitas (Indians) road to the confluence with
the San Antonio River, as a scenic river.
(f) San Carpoforo Creek, California.--The 1-mile segment of San
Carpoforo Creek from the Los Padres National Forest boundary to the
confluence with the Pacific Ocean is designated as a recreational
river.
SEC. 302. DESIGNATION OF ARROYO SECO-INDIANS ROAD AS NATIONAL
RECREATIONAL TRAIL.
(a) Designation.--Forest Service road 19S09 in the Los Padres
National Forest in Monterey County, California, from Escondido Camp to
Horse Bridge is designated as a national recreation trail pursuant to
section 4 of the National Trails System Act (16 U.S.C. 1243) and shall
be known as the ``Arroyo Seco-Indians Trail''.
(b) Authorized Use of Trail.--Public use of the Arroyo Seco-Indians
Trail is limited to non-motorized uses.
TITLE IV--BOTANICAL AREA
SEC. 401. JEFF NORMAN BOTANICAL AREA.
(a) Designation.--In order to protect and interpret to the public
an area within the Los Padres National Forest, California, containing
unique plant species and unique plant communities that are significant
in their occurrence, variety, and location, certain lands in the
National Forest, comprising approximately 65 acres, as generally
depicted on a map entitled ``Jeff Norman Botanical Area Proposed'' and
dated March 3, 2008, which shall be known as the ``Jeff Norman
Botanical Area''.
(b) Map and Description.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Agriculture shall file a
map and a legal description of the Jeff Norman Botanical Area with the
Committee on Natural Resources and Committee on Agriculture of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate. The map and legal description shall have
the same force and effect as if included in this Act, except that
correction of clerical and typographical errors in such legal
description and map may be made. The map and legal description shall be
on file and available for public inspection in the Office of the Chief
of the Forest Service.
(c) Administration.--The Secretary of Agriculture shall administer
the Jeff Norman Botanical Area in accordance with the laws, rules and
regulations applicable to the National Forest System in such manner as
will best further the purposes of this section, as set forth in
subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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