Establishes the Alabama Hills National Scenic Area, comprised of approximately 18,610 acres of land in Inyo County, California. Declares that the purpose of the Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, recreational, geological, educational, biological, historical, cinematographic, and scientific resources of the Area managed consistent with the multiple use principles defined in the Federal Land Policy and Management Act of 1976.
Directs the Secretary of the Interior to: (1) manage the Area as a component of the National Landscape Conservation System, (2) allow existing recreational uses of the Area to continue except as the Secretary otherwise determines to be necessary for public health and safety, (3) permit the use of motorized vehicles in the Area only on roads and trails designated by the Bureau of Land Management (BLM) as part of a management plan promoting a semi-primitive motorized experience or on county-maintained roads in accordance with applicable state and county laws, and (4) develop a comprehensive plan for the Area's long-term management.
Permits the Secretary to acquire non-federal land within the Area only through exchange, donation, or purchase from a willing seller. Withdraws the federal land within the Area from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Directs the Secretary to take approximately 132 acres of federal land into trust for the benefit of the Lone-Pine Paiute Shoshone Tribe, excluding a specified right-of-way granted to the City of Los Angeles. Prohibits gaming on such land.
Transfers administrative jurisdiction of approximately 40 acres of specified federal land from the U.S. Forest Service to BLM.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5573 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the management plan for the National Scenic Area developed
under section 3(a).
(2) Map.--The term ``Map'' means the map titled ``Proposed
Alabama Hills National Scenic Area'', dated September 8, 2014.
(3) Motorized vehicles.--The term ``motorized vehicles''
means motorized or mechanized vehicles and includes, when used
by utilities, mechanized equipment, helicopters, and other
aerial devices necessary to maintain electrical or
communications infrastructure.
(4) National scenic area.--The term ``National Scenic
Area'' means the Alabama Hills National Scenic Area established
by section 2(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
California.
(7) Tribe.--The term ``Tribe'' means the Lone-Pine Paiute
Shoshone Tribe.
(8) Utility facility.--The term ``utility facility'' means
any and all existing and future electric generation facilities,
electric storage facilities, overhead and/or underground
electrical supply systems and communication systems consisting
of electric substations, electric lines, poles and towers made
of various materials, ``H'' frame structures, guy wires and
anchors, crossarms, wires, underground conduits, cables,
vaults, manholes, handholes, above-ground enclosures, markers
and concrete pads and other fixtures, appliances and
communication circuits, and other fixtures, appliances and
appurtenances connected therewith necessary or convenient for
the construction, operation, regulation, control, grounding and
maintenance of electric generation, storage, lines and
communication circuits, for the purpose of transmitting
intelligence and generating, storing, distributing, regulating
and controlling electric energy to be used for light, heat,
power, communication, and other purposes.
SEC. 2. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.
(a) Establishment.--Subject to valid, existing rights, there is
established in Inyo County, California, the Alabama Hills National
Scenic Area. The National Scenic Area shall be comprised of the
approximately 18,610 acres generally depicted on the Map as ``National
Scenic Area''.
(b) Purpose.--The purpose of the National Scenic Area is to
conserve, protect, and enhance for the benefit, use, and enjoyment of
present and future generations the nationally significant scenic,
cultural, recreational, geological, educational, biological,
historical, cinematographic, and scientific resources of the National
Scenic Area managed consistent with the principles of multiple use as
defined in the Federal Land Policy and Management Act of 1976.
(c) Map; Legal Descriptions.--
(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 National Scenic Area 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 descriptions 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 and typographical errors in the map and legal
descriptions.
(3) Public availability.--Each 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 and Bureau of Land Management.
(d) Administration.--The Secretary shall manage the National Scenic
Area--
(1) as a component of the National Landscape Conservation
System;
(2) so as not to impact the future continuing operations
and maintenance of any activities associated with valid,
existing rights, including water rights;
(3) in a manner that conserves, protects, and enhances the
resources and values of the National Scenic Area described in
subsection (b); and
(4) in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
(e) Management.--
(1) In general.--The Secretary shall allow only such uses
of the National Scenic Area as the Secretary determines would
support the purposes of the National Scenic Area as described
in subsection (b).
(2) Recreational activities.--Except as otherwise provided
in this Act or other applicable law, or as the Secretary
determines to be necessary for public health and safety, the
Secretary shall allow existing recreational uses of the
National Scenic Area to continue, including hiking, mountain
biking, rock climbing, sightseeing, horseback riding, hunting,
fishing, and appropriate authorized motorized vehicle use.
(3) Motorized vehicles.--Except as specified within this
Act and/or in cases in which motorized vehicles are needed for
administrative purposes, or to respond to an emergency, the use
of motorized vehicles in the National Scenic Area shall be
permitted only on--
(A) roads and trails designated by the Director of
the Bureau of Land Management for use of motorized
vehicles as part of a management plan promoting a semi-
primitive motorized experience; or
(B) on county-maintained roads in accordance with
applicable State and county laws.
(f) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
within the boundaries of the National Scenic Area only through
exchange, donation, or purchase from a willing seller.
(2) Management.--Land acquired under paragraph (1) shall
be--
(A) considered to be a part of the National Scenic
Area; and
(B) managed in accordance with this Act and any
other applicable laws.
(g) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Scenic Area.
(2) Activities outside national scenic area.--The fact that
an activity or use on land outside the National Scenic Area can
be seen or heard within the National Scenic Area shall not
preclude the activity or use outside the boundaries of the
National Scenic Area.
(h) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the National Scenic Area.
(i) Filming.--Nothing in this Act prohibits filming (including
commercial film production, student filming, and still photography)
within the National Scenic Area--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(j) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife.
(k) Livestock.--The grazing of livestock in the National Scenic
Area, including grazing under the Alabama Hills allotment and the
George Creek allotment, as established before the date of enactment of
this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(l) Overflights.--Nothing in this Act restricts or precludes
flights over the National Scenic Area or overflights that can be seen
or heard within the National Scenic Area, including--
(1) transportation, sightseeing and filming flights,
general aviation planes, helicopters, hang-gliders, and
balloonists, for commercial or recreational purposes;
(2) low-level overflights of military aircraft;
(3) flight testing and evaluation; or
(4) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the National Scenic Area.
(m) Withdrawal.--Subject to this Act's provisions and valid rights
in existence on the date of enactment of this Act, including rights
established by prior withdrawals, the Federal land within the National
Scenic Area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(n) Wildland Fire Operations.--Nothing in this Act prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Scenic Area, consistent with the purposes described in
subsection (b).
(o) Grants; Cooperative Agreements.--The Secretary may make grants
to, or enter into cooperative agreements with, State, tribal, and local
governmental entities and private entities to conduct research,
interpretation, or public education or to carry out any other
initiative relating to the restoration, conservation, or management of
the National Scenic Area.
(p) Air and Water Quality.--Nothing in this Act modifies any
standard governing air or water quality outside of the boundaries of
the National Scenic Area.
(q) Utility Facilities and Rights of Way.--
(1) Nothing in this Act shall--
(A) affect the existence, use, operation,
maintenance (including but not limited to vegetation
control), repair, construction, reconfiguration,
expansion, inspection, renewal, reconstruction,
alteration, addition, relocation, improvement, funding,
removal, or replacement of utility facilities or
appurtenant rights of way within or adjacent to the
National Scenic Area;
(B) affect necessary or efficient access to utility
facilities or rights of way within or adjacent to the
National Scenic Area;
(C) preclude the establishment of new utility
facilities or rights of way (including instream sites,
routes, and areas) within the National Scenic Area if
such facilities are necessary for public health and
safety, electricity supply, telecommunications, or
other utility services; and/or
(D) preclude the use of motorized vehicles on and
off roads and trails designated for use by motorized
vehicles, including but not limited to the use of
mechanized equipment, helicopters, and/or other aerial
vehicles or devices, as necessary or efficient for the
performance of activities related to the operation,
maintenance, expansion, and/or construction of any
utility facilities, including lines, and/or rights of
way.
(2) Management plan.--Consistent with this Act's
provisions, the Management Plan shall establish plans for
maintenance of public utility and other rights of way within
the National Scenic Area.
SEC. 3. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
develop a comprehensive plan for the long-term management of the
National Scenic Area.
(b) Consultation.--In developing the management plan, the Secretary
shall consult with--
(1) appropriate State, tribal, and local governmental
entities, including Inyo County, the Los Angeles Department of
Water and Power, and the Tribe;
(2) investor-owned utilities, including Southern California
Edison Company; and
(3) members of the public.
(c) Incorporation of Management Plan.--In developing the management
plan, in accordance with this section, the Secretary--
(1) may incorporate any provision of the relevant resource
management plan in existence as of the date of enactment of
this Act; and
(2) shall allow, in perpetuity, recreational mining limited
to the use of hand tools, metal detectors, hand-fed dry
washers, vacuum cleaners, gold pans, small sluices, and similar
items.
(d) Interim Management.--Pending completion of the management plan,
the Secretary shall manage the National Scenic Area in accordance
with--
(1) section 2; and
(2) the applicable management plan of the Bureau of Land
Management in existence on the date of enactment of this Act.
SEC. 4. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
(a) Trust Land.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall take the approximately 132
acres of Federal land depicted on the Map as ``Lone Pine Paiute-
Shoshone Reservation Addition'' into trust for the benefit of the
Tribe, subject to the following:
(1) Conditions.--The land shall be subject to all
easements, covenants, conditions, restrictions, withdrawals,
and other matters of record on the date of the enactment of
this Act.
(2) Exclusion.--The Federal lands over which the right-of-
way for the Los Angeles Aqueduct is located, generally
described as the 250-foot-wide right-of-way granted to the City
of Los Angeles pursuant to the Act of June 30, 1906 (Chap.
3926), shall not be taken into trust for the Tribe.
(b) Reservation Land.--The land taken into trust pursuant to
subsection (a) shall be considered part of the reservation of the
Tribe.
(c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken
into trust pursuant to subsection (a).
SEC. 5. TRANSFER OF ADMINISTRATIVE JURISDICTION.
Administrative jurisdiction of the approximately 40 acres of
Federal land depicted on the Map as ``USFS Transfer to BLM'' is hereby
transferred from the Forest Service under the Secretary of Agriculture
to the Bureau of Land Management under the Secretary.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Public Lands and Environmental Regulation.
Referred to the Subcommittee Indian and Alaska Native Affairs.
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