Central Coast Heritage Protection Act
This bill designates specified lands in the Bakersfield Field Office of the Bureau of Land Management (BLM) and in the Lost Padres National Forest in California as wilderness areas and as components of the National Wilderness Preservation System.
It also designates certain land in Los Padres National Forest as the Machesna Mountain Potential Wilderness Area, which shall be incorporated into the Machesna Mountain Wilderness Area.
Specified segments of the Indian, Mono, Matilija, Sespe, and Piru Creeks and Sisquoc River in California are designated as components of the National Wild and Scenic Rivers System.
Certain land in the Los Padres National Forest in California is designated as the Fox Mountain Potential Wilderness Area, which shall be incorporated into the San Rafael Wilderness.
This bill designates specified land: (1) in Los Padres National Forest as the Condor Ridge Scenic Area; and (2) in Los Padres National Forest and in the BLM Bakersfield Field Office as the Black Mountain Scenic Area.
The Department of Agriculture shall: (1) study connecting the northern and southern parts of the Los Padres National Forest using a trail corridor across parts of the Northern and Southern Santa Lucia Mountains of the Southern California Coastal Range; (2) designate the Condor National Recreation Trail, extending from Lake Piru to the Botchers Gap Campground in the Monterey County corridor in California; and (3) conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts.
The Forest Service shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area.
Indian tribes shall be assured access to the wilderness areas, scenic areas, and potential wilderness areas designated by this bill for traditional cultural and religious purposes.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1959 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1959
To designate certain Federal land in the State of California as
wilderness, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 16, 2017
Ms. Harris (for herself and Mrs. Feinstein) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To designate certain Federal land in the State of California as
wilderness, 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 ``Central Coast
Heritage 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. Designation of wilderness.
Sec. 4. Designation of the Machesna Mountain Potential Wilderness.
Sec. 5. Administration of wilderness.
Sec. 6. Designation of wild and scenic rivers.
Sec. 7. Designation of the Fox Mountain Potential Wilderness.
Sec. 8. Designation of scenic areas.
Sec. 9. Condor National Recreation Trail.
Sec. 10. Forest service study.
Sec. 11. Nonmotorized recreation opportunities.
Sec. 12. Use by members of Tribes.
SEC. 2. DEFINITIONS.
In this Act:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 8(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of
Land Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest
Service, the Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
3(a).
SEC. 3. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness areas and as components of the National Wilderness
Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,619
acres, as generally depicted on the map entitled ``Caliente
Mountain Wilderness Area--Proposed'' and dated May 31, 2017,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Soda Lake
Wilderness Area--Proposed'' and dated May 31, 2017, which shall
be known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Temblor
Range Wilderness Area--Proposed'' and dated May 31, 2017, which
shall be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted on
the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated October 4, 2017, which shall be
incorporated into and managed as part of the Chumash Wilderness
as designated by the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,221 acres, as generally depicted on
the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated October 4, 2017, which
shall be incorporated into and managed as part of the Dick
Smith Wilderness as designated by the California Wilderness Act
of 1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted on
the map entitled ``Garcia Wilderness Area Additions--Proposed''
and dated October 4, 2017, which shall be incorporated into and
managed as part of the Garcia Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,671 acres, as generally depicted on
the map entitled ``Machesna Mountain Wilderness Area
Additions--Proposed'' and dated October 4, 2017, which shall be
incorporated into and managed as part of the Machesna Mountain
Wilderness as designated by the California Wilderness Act of
1984 (Public Law 98-425; 16 U.S.C. 1132 note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted on
the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated October 4, 2017, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 24,040 acres, as generally depicted on
the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated October 4, 2017, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 3,115 acres, as generally depicted on
the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated October 4, 2017, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American Wilderness
Act of 1978 (Public Law 95-237; 16 U.S.C. 1132 note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted on
the map entitled ``Sespe Wilderness Area Additions--Proposed''
and dated October 4, 2017, which shall be incorporated into and
managed as part of the Sespe Wilderness as designated by the
Los Padres Condor Range and River Protection Act (Public Law
102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted on
the map entitled ``Diablo Caliente Wilderness Area--Proposed''
and dated October 4, 2017, which shall be known as the ``Diablo
Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the wilderness areas 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 maps 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 maps and legal
descriptions.
(3) Public availability.--The maps and legal descriptions
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.
SEC. 4. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 2,359 acres, as generally depicted on
the map entitled ``Machesna Mountain Potential Wilderness Area'' and
dated October 4, 2017, is designated as the Machesna Mountain Potential
Wilderness Area.
(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 legal
description of the Machesna Mountain Potential Wilderness Area
(referred to in this section as the ``potential wilderness
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 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 and typographical errors in the map and 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.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use, Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the reconstruction, realignment, or
rerouting with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date as
the potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness 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.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
reconstruction, realignment, or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 150 feet of the
centerline of the new location of any trail that has been
reconstructed, realigned, or rerouted under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
reconstruction, realignment, or rerouting authorized by
subsection (d) has been completed; and
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain
Wilderness Area, as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C.
1132 note) and expanded by section 3; and
(B) administered in accordance with section 5 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 5. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary in accordance with this
Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered to
be a reference to the date of enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to be
a reference to the Secretary that has jurisdiction over the
wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area 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.
(2) Funding priorities.--Nothing in this Act limits funding
for fire and fuels management in the wilderness areas.
(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 the local information in
the Fire Management Reference System or individual operational
plans that apply to the land designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and efficient
response to fire emergencies in the wilderness areas, the
Secretary shall enter into agreements with appropriate State or
local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness areas, if
established before the date of enactment of this Act, shall be
permitted to continue, subject to any reasonable regulations as the
Secretary considers necessary in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for land
under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under the
jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(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 responsibilities of the State with
respect to fish and wildlife on public land in the State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife populations
and habitats in the wilderness areas, if the management
activities are--
(A) consistent with relevant wilderness management
plans;
(B) conducted in accordance with appropriate
policies, such as the policies established in Appendix
B of House Report 101-405; and
(C) in accordance with memoranda of understanding
between the Federal agencies and the State Department
of Fish and Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this Act to lead to the
creation of protective perimeters or buffer zones around each
wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this Act precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this Act precludes horseback riding in, or
the entry of recreational saddle or pack stock into, a wilderness
area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the wilderness
areas 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) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(C) any other applicable law.
(j) Treatment of Existing Water Diversions in the San Rafael
Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the owners
of the 2 existing water transport or diversion facilities,
including administrative access roads (in this subsection
referred to as a ``facility''), located on National Forest
System land in the San Rafael Wilderness Additions in the Moon
Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and the Peak
Mountain unit (T. 10 N., R. 28 W., secs. 23 and 26) for the
continued operation, maintenance, and reconstruction of the
facility if the Secretary determines that--
(A) the facility was in existence on the date on
which the land on which the facility is located was
designated as part of the National Wilderness
Preservation System (in this subsection referred to as
``the date of designation'');
(B) the facility has been in substantially
continuous use to deliver water for the beneficial use
on the non-Federal land of the owner since the date of
designation;
(C) the owner of the facility holds a valid water
right for use of the water on the non-Federal land of
the owner under State law, with a priority date that
predates the date of designation; and
(D) 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.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special
use authorization issued under paragraph (1), the
Secretary may--
(i) 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 State law; and
(II) the use of non-motorized
equipment and non-mechanized transport
is impracticable or infeasible; and
(ii) preclude use of the facility for the
diversion or transport of water in excess of
the water right recognized by the State on the
date of designation.
(B) Discretionary terms and conditions.--In a
special use authorization issued under paragraph (1),
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.
(k) Treatment of Existing Electrical Distribution Line in the San
Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the owners
of the existing electrical distribution line to the Plowshare
Peak communication site (in this subsection referred to as a
``facility'') located on National Forest System land in the San
Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N.,
R. 30 W., secs. 2, 3 and 4) for the continued operation,
maintenance, and reconstruction of the facility if the
Secretary determines that--
(A) the facility was in existence on the date on
which the land on which the facility is located was
designated as part of the National Wilderness
Preservation System (in this subsection referred to as
``the date of designation'');
(B) the facility has been in substantially
continuous use to deliver electricity to the
communication site; and
(C) it is not practicable or feasible to relocate
the distribution line to land outside of the
wilderness.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special
use authorization issued under paragraph (1), the
Secretary may allow use of motorized equipment and
mechanized transport for operation, maintenance, or
reconstruction of the electrical distribution line, if
the Secretary determines that the use of non-motorized
equipment and non-mechanized transport is impracticable
or infeasible.
(B) Discretionary terms and conditions.--In a
special use authorization issued under paragraph (1),
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).
(l) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and
conditions as the Secretary may prescribe, the Secretary may authorize
the installation and maintenance of hydrologic, meteorologic, or
climatological collection devices in the wilderness areas if the
Secretary determines that the facilities and access to the facilities
are essential to flood warning, flood control, or water reservoir
operation activities.
SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek, California.--
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:
``(213) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be administered
by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its
source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith
Wilderness boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the
Dick Smith Wilderness boundary to 0.25 miles downstream
of Road 6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from
0.25 miles downstream of Road 6N24 to the southern
boundary of sec. 32, T. 6 N., R. 26 W., as a wild
river.
``(214) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its
source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles
upstream of Don Victor Fire Road in sec. 28, T. 7 N.,
R. 25 W., as a wild river.
``(B) The 2.1-mile segment of Mono Creek from 0.25
miles upstream of the Don Victor Fire Road in sec. 28,
T. 7 N., R. 25 W., to 0.25 miles downstream of Don
Victor Fire Road in sec. 34, T7N, R25W, as a
recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25
miles downstream of Don Victor Fire Road in sec. 34, T.
7 N., R. 25 W., to the Ogilvy Ranch private property
boundary in sec. 22, R. 26 W., T. 6 N., as a wild
river.
``(D) The 3.5-mile segment of Mono Creek from the
Ogilvy Ranch private property boundary to the southern
boundary of sec. 33, T. 6 N., R. 26 N., as a
recreational river.
``(215) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek
from its source in sec. 25, T. 6 N., R. 25 W., to the
private property boundary in sec. 9, T. 5 N., R. 24 W.,
as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R.
24 W., to the Matilija Wilderness boundary, as a wild
river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142)
and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the
private property boundary in sec. 10, T. 6 N., R. 24
W., to the Hartman Ranch private property boundary in
sec. 14, T. 6 N., R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the
Hartman Ranch private property boundary in sec. 14, T.
6 N., R. 24 W., to the western boundary of sec. 6, T. 5
N., R. 22 W., as a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the
western boundary of sec. 6, T. 5 N., R. 22 W., to the
confluence with Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of
sec. 35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143)
and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of Agriculture:
``(A) The 33-mile segment of the main stem of the
Sisquoc River extending from its origin downstream to
the Los Padres Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork
Sisquoc River from its source northeast of San Rafael
Mountain in sec. 2, T. 7 N., R. 28 W., to its
confluence with the Sisquoc River, as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from
its source west of San Rafael Peak in sec. 4, T. 7 N.,
R. 28 W., to the San Rafael Wilderness boundary
upstream of Nira Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from
the San Rafael Wilderness boundary upstream of the Nira
Campground to the San Rafael Wilderness boundary
downstream of the confluence of Davy Brown Creek, as a
recreational river.
``(E) The 5.8-mile segment of Manzana Creek from
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek to the private property
boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from
the private property boundary in sec. 1, T. 8 N., R. 30
W., to the confluence of the Sisquoc River, as a
recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from
its source west of Ranger Peak in sec. 32, T. 8 N., R.
29 W., to 300 feet upstream of its confluence with
Munch Canyon, as a wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from
300 feet upstream of its confluence with Munch Canyon
to its confluence with Manzana Creek, as a recreational
river.
``(I) The 2-mile segment of Munch Canyon from its
source north of Ranger Peak in sec. 33, T. 8 N., R. 29
W., to 300 feet upstream of its confluence with Sunset
Valley Creek, as a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300
feet upstream of its confluence with Sunset Valley
Creek to its confluence with Davy Brown Creek, as a
recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500
feet downstream of Sunset Valley Road to its confluence
with Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek
from its source in sec. 26, T. 8 N., R. 29 W., to its
confluence with Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199)
and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its
source in sec. 3, T. 6 N., R. 22 W., to the private
property boundary in sec. 4, T. 6 N., R. 21 W., as a
wild river.
``(B) The 17.2-mile segment of Piru Creek from the
private property boundary in sec. 4, T. 6 N., R. 21 W.,
to 0.25 miles downstream of the Gold Hill Road, as a
scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25
miles downstream of Gold Hill Road to the confluence
with Trail Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with
Buck Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5
miles downstream of Pyramid Dam at the first bridge
crossing to the boundary of the Sespe Wilderness, as a
recreational river.
``(F) The 13-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the boundary of the
Sespe Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the
boundary of the Sespe Wilderness to the upper limit of
Piru Reservoir, as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru Creek
under subsection (d) shall not affect valid water rights in existence
on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section (including
the amendments made by this section) affects the motorized use of
trails designated by the Forest Service for motorized use that are
located adjacent to and crossing upper Piru Creek, if the use is
consistent with the protection and enhancement of river values under
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 7. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National
Forest comprising approximately 41,837 acres, as generally depicted on
the map entitled ``Fox Mountain Potential Wilderness Area'' and dated
October 4, 2017, is designated as the Fox Mountain Potential Wilderness
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description of the Fox Mountain Potential
Wilderness Area (referred to in this section as the ``potential
wilderness 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 description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct any clerical and typographical errors in the map
and 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.
(c) Management.--Except as provided in subsection (d) and subject
to valid existing rights, the Secretary shall manage the potential
wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.).
(d) Trail Use Construction, Reconstruction, and Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers,
equestrians, and mechanized vehicles that connects the
Aliso Park Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including
regulations); and
(B) to the maximum extent practicable, use the
minimum tool or administrative practice necessary to
accomplish the construction, reconstruction, or
alignment with the least amount of adverse impact on
wilderness character and resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction, reconstruction,
or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the potential wilderness 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.
(f) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into cooperative agreements with State, Tribal, and
local governmental entities and private entities to complete the trail
construction, reconstruction, and realignment authorized by subsection
(d).
(g) Boundaries.--The Secretary shall modify the boundary of the
potential wilderness area to exclude any area within 50 feet of the
centerline of the new location of any trail that has been constructed,
reconstructed, or realigned under subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and as
a component of the National Wilderness Preservation System on
the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the trail
construction, reconstruction, or alignment authorized
by subsection (d) has been completed; and
(B) the date that is 20 years after the date of
enactment of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the
California Wilderness Act of 1984 (Public Law 98-425;
16 U.S.C. 1132 note), and the Los Padres Condor Range
and River Protection Act (Public Law 102-301; 106 Stat.
242), and section 3; and
(B) administered in accordance with section 5 and
the Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 8. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there are
established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge Scenic
Area--Proposed'' and dated October 4, 2017, which shall be
known as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated October 4, 2017,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall file
a map and legal description of the Condor Ridge Scenic Area and
Black Mountain 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 maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct any clerical and typographical errors in the maps
and legal descriptions.
(3) Public availability.--The maps and legal descriptions
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.
(c) Purpose.--The purpose of the scenic areas is to conserve,
protect, and enhance for the benefit and enjoyment of present and
future generations the ecological, scenic, wildlife, recreational,
cultural, historical, natural, educational, and scientific resources of
the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and
enhances the resources of the scenic areas, and in
particular the scenic character attributes of the
scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) for land under the
jurisdiction of the Secretary of the Interior;
(iii) any laws (including regulations)
relating to the National Forest System, for
land under the jurisdiction of the Secretary of
Agriculture; and
(iv) any other applicable law (including
regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the Federal land
in the scenic areas 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.
(f) Prohibited Uses.--The following shall be prohibited on the
Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent with this
section, the Secretary may take any measures in the scenic areas that
the Secretary determines to be necessary to control fire, insects, and
diseases, including, as the Secretary determines to be appropriate, the
coordination of those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise authorized
activity or use can be seen or heard within a scenic area shall not
preclude the activity or use outside the boundary of the scenic area.
SEC. 9. CONDOR NATIONAL RECREATION TRAIL.
(a) Findings.--Congress finds that--
(1) the Condor National Recreation Trail is named after the
California Condor, a critically endangered bird species which
lives along the extent of the Condor National Recreation Trail
within the Los Padres National Forest; and
(2) the Condor National Recreation Trail will traverse a
diversity of geography and communities through the southern and
northern sections of the Los Padres National Forest.
(b) Purpose.--The purpose of the Condor National Recreation Trail
is to provide a continual hiking trail corridor spanning the entire
length of the Los Padres National Forest along the coastal mountains of
Central California.
(c) Amendment.--Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended by adding at the end the following:
``(31) Condor national recreation trail.--
``(A) In general.--After completion of the study
under subparagraph (E), the Secretary shall designate
the Condor National Recreation Trail, extending from
Lake Piru to the Botchers Gap Campground in the
Monterey County corridor.
``(B) Administration.--The Condor National
Recreation Trail (referred to in this paragraph as the
`trail') shall be administered by the Secretary of
Agriculture, in consultation with--
``(i) other Federal, State, Tribal,
regional, and local agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Continual route.--In building new connectors,
and realigning existing trails, the Secretary shall--
``(i) provide for a continual route through
the southern and northern Los Padres National
Forest;
``(ii) promote recreational, scenic,
wilderness and cultural values;
``(iii) enhance connectivity with the
overall National Forest trail system;
``(iv) emphasize safe and continuous public
access, dispersal from high-use areas, and
suitable water sources; and
``(v) to the extent practicable, provide
all-year use.
``(D) Private property rights.--
``(i) In general.--No portions of the trail
may be located on non-Federal land without the
written consent of the landowner and without
obtaining a permanent easement or right-of-way.
``(ii) Prohibition.--The Secretary shall
not acquire for the trail any land or interest
in land outside the exterior boundary of any
federally managed area without the consent of
the owner of land or interest in land.
``(iii) Effect.--Nothing in this
paragraph--
``(I) requires any private property
owner to allow public access (including
Federal, State, or local government
access) to private property; or
``(II) modifies any provision of
Federal, State, or local law with
respect to public access to or use of
private land.
``(E) Study.--
``(i) Study required.--Not later than 6
years after the date of enactment of this
paragraph, the Secretary of Agriculture shall
submit a study, including a detailed map, that
describes the entire route addresses the
feasibility of, and alternatives for,
connecting the northern and southern portions
of the Los Padres National Forest using a trail
corridor across the applicable portions of the
Northern and Southern Santa Lucia Mountains of
the Southern California Coastal Range to--
``(I) the Committee on Energy and
Natural Resources of the Senate; and
``(II) the Committee on Natural
Resources of the House of
Representatives.
``(ii) Additional requirement.--In
completing the study required by clause (i),
the Secretary of Agriculture shall consult
with--
``(I) appropriate Federal, State,
Tribal, regional, and local agencies;
``(II) private landowners;
``(III) nongovernmental
organizations; and
``(IV) members of the public.''.
``(F) Map.--The map referred to in subparagraph
(E)(i) shall be on file and available for public
inspection in the appropriate offices of the Forest
Service.''.
(d) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the Secretary of
Agriculture may enter into cooperative agreements with State, Tribal,
and local government entitles and private entities to complete needed
trail construction, reconstruction, and realignment projects authorized
by this section (including the amendments made by this section).
SEC. 10. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture (acting through the Chief of the Forest
Service) shall study the feasibility of opening a new trail, for
vehicles measuring 50 inches or less, connecting Forest Service Highway
95 to the existing off-highway vehicle trail system in the Ballinger
Canyon off-highway vehicle area.
SEC. 11. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with interested parties,
shall conduct a study to improve nonmotorized recreation trail
opportunities (including mountain bicycling) on land not designated as
wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 12. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have access, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the
wilderness areas, scenic areas, and potential wilderness areas
designated by this Act for traditional cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to the
general public one or more specific portions of a wilderness
area, scenic area, or potential wilderness area designated by
this Act to protect the privacy of the members of the Tribe in
the conduct of traditional cultural and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time
necessary for the activity to be carried out; and
(B) be consistent with the purpose and intent of
Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996) and the
Wilderness Act (16 U.S.C. 1131 et seq.).
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 115-528.
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