HR 4040 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

November 6, 2009CommentsClose CommentsPermalink

Mr. FARR introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--BIG SUR MANAGEMENT UNIT

Sec. 101. Establishment of Big Sur Management Unit, Los Padres National Forest.CommentsClose CommentsPermalink





Sec. 102. Boundary delineation.CommentsClose CommentsPermalink





Sec. 103. Use of Brazil Ranch.CommentsClose CommentsPermalink





Sec. 104. Fire management and related activities in Big Sur Management Unit.CommentsClose CommentsPermalink

TITLE II--WILDERNESS AREA ADJUSTMENTS

Sec. 201. Findings and maps.CommentsClose CommentsPermalink





Sec. 202. Adjustments to boundaries of Ventana Wilderness Area, California.CommentsClose CommentsPermalink





Sec. 203. Adjustments to boundaries of Silver Peak Wilderness Area, California.CommentsClose CommentsPermalink





Sec. 204. Wilderness fire management and related activities.CommentsClose CommentsPermalink





Sec. 205. Repeal of Ventana land exchange authority.CommentsClose CommentsPermalink

TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL DESIGNATIONS

Sec. 301. Wild and scenic river designations, Big Sur, California.CommentsClose CommentsPermalink





Sec. 302. Designation of Arroyo Seco-Indians Road as national recreational trail.CommentsClose CommentsPermalink

TITLE IV--BOTANICAL AREA

Sec. 401. Jeff Norman Botanical Area.CommentsClose CommentsPermalink

TITLE I--BIG SUR MANAGEMENT UNITCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the protection of the scenic and natural values of the Big Sur coast and the Northern Santa Lucia Mountains;CommentsClose CommentsPermalink





(2) fish, wildlife, and native plant conservation; andCommentsClose CommentsPermalink





(3) public recreation.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(1) Construction, maintenance, and repair of structures of, roads on, or improvements to, the Brazil Ranch.CommentsClose CommentsPermalink





(2) Cash.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) enter into agreements with appropriate State or local firefighting agencies.CommentsClose CommentsPermalink

TITLE II--WILDERNESS AREA ADJUSTMENTSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(4) The Chalk Peak Addition is modified to impose a non-wilderness buffer for roads of 100 feet from the edge of the road.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Additions-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) COVERED LAND- Paragraph (1) applies with respect to the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) Certain lands comprising approximately 772 acres, as generally depicted on a map entitled ‘Horse Pasture Proposed Wilderness Addition’ and dated May 20, 2008.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

TITLE III--WILD AND SCENIC RIVER AND NATIONAL RECREATIONAL TRAIL DESIGNATIONSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Arroyo Seco River, California- The following segments of the Arroyo Seco River and its tributaries are designated as follows:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Big Creek, California- The following segments of Big Creek and its tributaries are designated as follows:CommentsClose CommentsPermalink





(1) The 4.9-mile segment of Big Creek from its source to .10 miles upstream of the hot springs, as a wild river.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(e) San Antonio River, California- The following segments of the San Antonio River and its tributaries are designated as follows:CommentsClose CommentsPermalink





(1) The 7.6-mile segment of the San Antonio River from its source to the Ventana Wilderness boundary, as a wild river.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(b) Authorized Use of Trail- Public use of the Arroyo Seco-Indians Trail is limited to non-motorized uses.CommentsClose CommentsPermalink

TITLE IV--BOTANICAL AREACommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink