S 138 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 138CommentsClose CommentsPermalink

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 25 (legislative day, January 5), 2011CommentsClose CommentsPermalink

Mr. REID (for Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, 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 ‘California Desert Protection Act of 2011’.CommentsClose CommentsPermalink





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





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





Sec. 2. Amendments to the California Desert Protection Act of 1994.CommentsClose CommentsPermalink

‘TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENT

‘Sec. 1301. Definitions.CommentsClose CommentsPermalink

‘Sec. 1302. Establishment of the Mojave Trails National Monument.CommentsClose CommentsPermalink

‘Sec. 1303. Management of the Monument.CommentsClose CommentsPermalink

‘Sec. 1304. Uses of the monument.CommentsClose CommentsPermalink

‘Sec. 1305. Acquisition of land.CommentsClose CommentsPermalink

‘Sec. 1306. Advisory Committee.CommentsClose CommentsPermalink

‘Sec. 1307. Renewable energy right-of-way applications.CommentsClose CommentsPermalink

‘TITLE XIV--SAND TO SNOW NATIONAL MONUMENT

‘Sec. 1401. Definitions.CommentsClose CommentsPermalink

‘Sec. 1402. Establishment of the Sand to Snow National Monument.CommentsClose CommentsPermalink

‘Sec. 1403. Management of the Monument.CommentsClose CommentsPermalink

‘Sec. 1404. Uses of the Monument.CommentsClose CommentsPermalink

‘Sec. 1405. Acquisition of land.CommentsClose CommentsPermalink

‘Sec. 1406. Advisory Committee.CommentsClose CommentsPermalink

‘TITLE XV--WILDERNESS

‘Sec. 1501. Designation of wilderness areas.CommentsClose CommentsPermalink

‘Sec. 1502. Management.CommentsClose CommentsPermalink

‘Sec. 1503. Release of wilderness study areas.CommentsClose CommentsPermalink

‘TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREA

‘Sec. 1601. Definitions.CommentsClose CommentsPermalink

‘Sec. 1602. Establishment of the Vinagre Wash Special Management Area.CommentsClose CommentsPermalink

‘Sec. 1603. Management.CommentsClose CommentsPermalink

‘Sec. 1604. Potential wilderness.CommentsClose CommentsPermalink

‘TITLE XVII--NATIONAL PARK SYSTEM ADDITIONS

‘Sec. 1701. Death Valley National Park boundary revision.CommentsClose CommentsPermalink

‘Sec. 1702. Mojave National Preserve.CommentsClose CommentsPermalink

‘Sec. 1703. Joshua Tree National Park boundary revision.CommentsClose CommentsPermalink

‘Sec. 1704. Authorization of appropriations.CommentsClose CommentsPermalink

‘TITLE XVIII--OFF-HIGHWAY VEHICLE RECREATION AREAS

‘Sec. 1801. Designation of off-highway vehicle recreation areas.CommentsClose CommentsPermalink

‘TITLE XIX--MISCELLANEOUS

‘Sec. 1901. State land transfers and exchanges.CommentsClose CommentsPermalink

‘Sec. 1902. Military activities.CommentsClose CommentsPermalink

‘Sec. 1903. Climate change and wildlife corridors.CommentsClose CommentsPermalink

‘Sec. 1904. Prohibited uses of donated and acquired land.CommentsClose CommentsPermalink

‘Sec. 1905. Tribal uses and interests.CommentsClose CommentsPermalink

Sec. 3. Designation of wild and scenic rivers.CommentsClose CommentsPermalink

SEC. 2. AMENDMENTS TO THE CALIFORNIA DESERT PROTECTION ACT OF 1994.

(a) In General- Public Law 103-433 (16 U.S.C. 410aaa et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE XIII--MOJAVE TRAILS NATIONAL MONUMENTCommentsClose CommentsPermalink

‘SEC. 1301. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) MAP- The term ‘map’ means the map entitled ‘Boundary Map, Mojave Trails National Monument’ and dated November 19, 2009.CommentsClose CommentsPermalink





‘(2) MONUMENT- The term ‘Monument’ means the Mojave Trails National Monument established by section 1302(a).CommentsClose CommentsPermalink





‘(3) STUDY AREA- The term ‘study area’ means the land that--CommentsClose CommentsPermalink





‘(A) is described in--CommentsClose CommentsPermalink





‘(i) the notice of the Bureau of Land Management of September 15, 2008 entitled ‘Notice of Proposed Legislative Withdrawal and Opportunity for Public Meeting; California’ (73 Fed. Reg. 53269); orCommentsClose CommentsPermalink





‘(ii) any subsequent notice in the Federal Register that is related to the notice described in clause (i); andCommentsClose CommentsPermalink





‘(B) has been segregated by the Director of the Bureau of Land Management.CommentsClose CommentsPermalink

‘SEC. 1302. ESTABLISHMENT OF THE MOJAVE TRAILS NATIONAL MONUMENT.

‘(a) Establishment- There is designated in the State the Mojave Trails National Monument.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of the Monument are--CommentsClose CommentsPermalink





‘(1) to preserve the nationally significant biological, cultural, recreational, geological, educational, historic, scenic, and scientific values--CommentsClose CommentsPermalink





‘(A) in the Central and Eastern Mojave Desert; andCommentsClose CommentsPermalink





‘(B) along historic Route 66; andCommentsClose CommentsPermalink





‘(2) to secure the opportunity for present and future generations to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources of the Monument.CommentsClose CommentsPermalink





‘(c) Boundaries-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the Monument shall consist of the Federal land and Federal interests in land within the boundaries depicted on the map.CommentsClose CommentsPermalink





‘(2) EXCLUSIONS-CommentsClose CommentsPermalink





‘(A) STUDY AREA- Subject to subparagraph (B), the study area shall be excluded from the Monument to permit the Secretary of the Navy to study the land within the study area for--CommentsClose CommentsPermalink





‘(i) withdrawal in accordance with the Act of February 28, 1958 (43 U.S.C. 155 et seq.); andCommentsClose CommentsPermalink





‘(ii) potential inclusion into the Marine Corps Air Ground Combat Center at Twentynine Palms, California, for national defense purposes.CommentsClose CommentsPermalink





‘(B) INCORPORATION IN MONUMENT- After action by the Secretary of Defense and Congress regarding the withdrawal under subparagraph (A), any land within the study area that is not withdrawn shall be incorporated into the Monument.CommentsClose CommentsPermalink





‘(d) Map; Legal Descriptions-CommentsClose CommentsPermalink





‘(1) LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this title, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate legal descriptions of the Monument, based on the map.CommentsClose CommentsPermalink





‘(2) CORRECTIONS- The map and legal descriptions of the Monument shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions.CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink

‘SEC. 1303. MANAGEMENT OF THE MONUMENT.

‘(a) In General- The Secretary shall--CommentsClose CommentsPermalink





‘(1) only allow uses of the Monument that--CommentsClose CommentsPermalink





‘(A) further the purposes described in section 1302(b);CommentsClose CommentsPermalink





‘(B) are included in the management plan developed under subsection (g); andCommentsClose CommentsPermalink





‘(C) do not interfere with the utility rights-of-way or corridors authorized under section 1304(f); andCommentsClose CommentsPermalink





‘(2) subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with--CommentsClose CommentsPermalink





‘(A) this Act;CommentsClose CommentsPermalink





‘(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); andCommentsClose CommentsPermalink





‘(C) any other applicable provisions of law.CommentsClose CommentsPermalink





‘(b) Cooperation Agreements; General Authority- Consistent with the management plan and existing authorities applicable to the Monument, the Secretary may enter into cooperative agreements and shared management arrangements (including special use permits with any person (including educational institutions and Indian tribes)), for the purposes of interpreting, researching, and providing education on the resources of the Monument.CommentsClose CommentsPermalink





‘(c) Administration of Subsequently Acquired Land- Any land or interest in land within the boundaries of the Monument that is acquired by the Secretary after the date of enactment of this title shall be managed by the Secretary in accordance with this title.CommentsClose CommentsPermalink





‘(d) Limitations-CommentsClose CommentsPermalink





‘(1) PROPERTY RIGHTS- The establishment of the Monument does not--CommentsClose CommentsPermalink





‘(A) affect--CommentsClose CommentsPermalink





‘(i) any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;CommentsClose CommentsPermalink





‘(ii) any land or interests in land held by the State, any political subdivision of the State, or any special district; orCommentsClose CommentsPermalink





‘(iii) any private property rights within the boundaries of the Monument; orCommentsClose CommentsPermalink





‘(B) grant to the Secretary any authority on or over non-Federal land not already provided by law.CommentsClose CommentsPermalink





‘(2) AUTHORITY- The authority of the Secretary under this title extends only to Federal land and Federal interests in land included in the Monument.CommentsClose CommentsPermalink





‘(e) Adjacent Management-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this title creates any protective perimeter or buffer zone around the Monument.CommentsClose CommentsPermalink





‘(2) ACTIVITIES OUTSIDE MONUMENT- The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(3) NO ADDITIONAL REGULATION- Nothing in this title requires additional regulation of activities on land outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(f) Air and Water Quality- Nothing in this title affects the standards governing air or water quality outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(g) Management Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(A) not later than 3 years after the date of enactment of this title, complete a management plan for the conservation and protection of the Monument; andCommentsClose CommentsPermalink





‘(B) on completion of the management plan--CommentsClose CommentsPermalink





‘(i) submit the management plan to--CommentsClose CommentsPermalink





‘(I) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





‘(II) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink





‘(ii) make the management plan available to the public.CommentsClose CommentsPermalink





‘(2) INCLUSIONS- The management plan shall include provisions that--CommentsClose CommentsPermalink





‘(A) provide for the conservation and protection of the Monument;CommentsClose CommentsPermalink





‘(B) authorize the continued recreational uses of the Monument (including hiking, camping, hunting, mountain biking, sightseeing, off-highway vehicle recreation on designated routes, rockhounding, and horseback riding), if the recreational uses are consistent with this section and any other applicable law;CommentsClose CommentsPermalink





‘(C) address the need for and, as necessary, establish plans for, the installation, construction, and maintenance of public utility energy transport facilities within rights-of-way in the Monument, including provisions that require that the activities be conducted in a manner that minimizes the impact on Monument resources (including resources relating to the ecological, cultural, historic, and scenic viewshed of the Monument), in accordance with any other applicable law;CommentsClose CommentsPermalink





‘(D) address the designation and maintenance of roads, trails, and paths in the Monument;CommentsClose CommentsPermalink





‘(E) address regional fire management planning and coordination between the Director of the Bureau of Land Management, the Director of the National Park Service, and San Bernardino County; andCommentsClose CommentsPermalink





‘(F) address the establishment of a visitor center to serve the Monument and adjacent public land.CommentsClose CommentsPermalink





‘(3) PREPARATION AND IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) APPLICABLE LAW- The Secretary shall prepare and implement the management plan in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable laws.CommentsClose CommentsPermalink





‘(B) CONSULTATION- In preparing and implementing the management plan, the Secretary shall periodically consult with--CommentsClose CommentsPermalink





‘(i) the advisory committee established under section 1306;CommentsClose CommentsPermalink





‘(ii) interested private property owners and holders of valid existing rights located within the boundaries of the Monument; andCommentsClose CommentsPermalink





‘(iii) representatives of the Fort Mojave Indian tribe, the Colorado River Indian Tribe, the Chemehuevi Indian tribe, and other Indian tribes with historic or cultural ties to land within, or adjacent to, the Monument regarding the management of portions of the Monument containing sacred sites or cultural importance to the Indian tribes.CommentsClose CommentsPermalink





‘(4) INTERIM MANAGEMENT- Except as otherwise provided in this Act, pending completion of the management plan for the Monument, the Secretary shall manage any Federal land and Federal interests in land within the boundary of the Monument--CommentsClose CommentsPermalink





‘(A) consistent with the existing permitted uses of the land;CommentsClose CommentsPermalink





‘(B) in accordance with the general guidelines and authorities of the existing management plans of the Bureau of Land Management for the land; andCommentsClose CommentsPermalink





‘(C) in a manner consistent with--CommentsClose CommentsPermalink





‘(i) the purposes described in section 1302(b);CommentsClose CommentsPermalink





‘(ii) the provisions of the management plan under paragraph (2); andCommentsClose CommentsPermalink





‘(iii) applicable Federal law.CommentsClose CommentsPermalink





‘(h) Effect of Section- Nothing in this section diminishes or alters existing authorities applicable to Federal land included in the Monument.CommentsClose CommentsPermalink

‘SEC. 1304. USES OF THE MONUMENT.

‘(a) Use of Off-Highway Vehicles-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The use of off-highway vehicles in the Monument (including the use of off-highway vehicles for commercial touring) shall be permitted to continue on designated routes, subject to all applicable law and and authorized by the management plan.CommentsClose CommentsPermalink





‘(2) NONDESIGNATED ROUTES- Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument--CommentsClose CommentsPermalink





‘(A) for administrative purposes;CommentsClose CommentsPermalink





‘(B) to respond to an emergency; orCommentsClose CommentsPermalink





‘(C) as authorized under the management plan.CommentsClose CommentsPermalink





‘(3) INVENTORY- Not later than 2 years after the date of enactment of this title, the Director of the Bureau of Land Management shall complete an inventory of all existing routes in the Monument.CommentsClose CommentsPermalink





‘(b) Hunting, Trapping, and Fishing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall permit hunting, trapping, and fishing within the Monument in accordance with applicable Federal and State laws (including regulations) in effect as of the date of enactment of this title.CommentsClose CommentsPermalink





‘(2) TRAPPING- No amphibians or reptiles may be collected within the Monument.CommentsClose CommentsPermalink





‘(3) REGULATIONS- The Secretary, after consultation with the California Department of Fish and Game, may issue regulations designating zones where, and establishing periods during which, no hunting, trapping, or fishing shall be permitted in the Monument for reasons of public safety, administration, resource protection, or public use and enjoyment.CommentsClose CommentsPermalink





‘(c) Grazing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this title terminates any valid existing grazing allotment within the Monument.CommentsClose CommentsPermalink





‘(2) EFFECT ON BLAIR PERMIT- Nothing in this title affects the Lazy Daisy grazing permit (permittee number 9076) on land included in the Monument, including the transfer of title to the grazing permit to the Secretary or to a private party.CommentsClose CommentsPermalink





‘(3) PERMIT RETIREMENT- The Secretary may acquire base property and associated grazing permits within the Monument for purposes of permanently retiring the permit if--CommentsClose CommentsPermalink





‘(A) the permittee is a willing seller;CommentsClose CommentsPermalink





‘(B) the permittee and Secretary reach an agreement concerning the terms and conditions of the acquisition; andCommentsClose CommentsPermalink





‘(C) termination of the allotment would further the purposes of the Monument described in section 1302(b).CommentsClose CommentsPermalink





‘(d) Access to State and Private Land- The Secretary shall provide adequate access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Monument to ensure the reasonable use and enjoyment of the land or interest by the owner.CommentsClose CommentsPermalink





‘(e) Limitations-CommentsClose CommentsPermalink





‘(1) COMMERCIAL ENTERPRISES- Except as provided in paragraphs (2) and (3), or as required for the maintenance, upgrade, expansion, or development of energy transport facilities in the corridors described in subsection (g), no commercial enterprises shall be authorized within the boundary of the Monument after the date of enactment of this title.CommentsClose CommentsPermalink





‘(2) AUTHORIZED EXCEPTIONS- The Secretary may authorize exceptions to paragraph (1) if the Secretary determines that the commercial enterprises would further the purposes described in section 1302(b).CommentsClose CommentsPermalink





‘(3) APPLICABILITY- This subsection does not apply to--CommentsClose CommentsPermalink





‘(A) transmission and telecommunication facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms are defined in section 217 of the Federal Power Act (16 U.S.C. 824q)); orCommentsClose CommentsPermalink





‘(B) commercial vehicular touring enterprises within the Monument that operate on designated routes.CommentsClose CommentsPermalink





‘(f) Utility Rights-of-Way-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this title precludes, prevents, or inhibits the maintenance, upgrade, expansion, or development of energy transport facilities within the Monument that are critical to reducing the effects of climate change on the environment.CommentsClose CommentsPermalink





‘(2) AUTHORIZATION- The Secretary shall, to the maximum extent practicable--CommentsClose CommentsPermalink





‘(A) permit rights-of-way and alignments that best protect the values and resources of the Monument described in section 1302(b); andCommentsClose CommentsPermalink





‘(B) ensure that existing rights-of-way and utility corridors within the Monument are fully utilized before permitting new rights-of-way or designating new utility corridors within the Monument.CommentsClose CommentsPermalink





‘(3) EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY- Nothing in this section terminates or limits--CommentsClose CommentsPermalink





‘(A) any valid right-of-way within the Monument in existence on the date of enactment of this title (including customary operation, maintenance, repair, or replacement activities in a right-of-way); orCommentsClose CommentsPermalink





‘(B) a right-of-way authorization issued on the expiration of an existing right-of-way authorization described in subparagraph (A).CommentsClose CommentsPermalink





‘(4) UPGRADING AND EXPANSION OF EXISTING RIGHTS-OF-WAY- Nothing in this subsection prohibits the upgrading (including the construction or replacement), expansion, or assignment of an existing utility transmission line for the purpose of increasing the capacity of--CommentsClose CommentsPermalink





‘(A) a transmission line in existing rights-of-way; orCommentsClose CommentsPermalink





‘(B) a right-of-way issued, granted, or permitted by the Secretary that is contiguous or adjacent to existing transmission line rights-of-way.CommentsClose CommentsPermalink





‘(5) INTERSTATE 40 TRANSPORTATION CORRIDOR- For purposes of underground utility rights-of-way under this subsection, the Secretary shall consider the Interstate 40 transportation corridor to be equivalent to an existing utility right-of-way corridor.CommentsClose CommentsPermalink





‘(6) NEW RIGHTS-OF-WAY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any new rights-of-way or new uses within existing rights-of-way shall--CommentsClose CommentsPermalink





‘(i) only be permitted in energy corridors or expansions of energy corridors that are designated as of the date of enactment of this title; andCommentsClose CommentsPermalink





‘(ii) subject to subparagraph (B), require review and approval under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





‘(B) APPROVAL- New rights-of-way or uses or expansions of existing corridors under subparagraph (A) shall only be approved if the head of the applicable lead Federal agency, in consultation with other agencies as appropriate, determines that the new rights-of-way, uses, or expansions are consistent with--CommentsClose CommentsPermalink





‘(i) this title;CommentsClose CommentsPermalink





‘(ii) other applicable laws;CommentsClose CommentsPermalink





‘(iii) the purposes of the Monument described in section 1302(b); andCommentsClose CommentsPermalink





‘(iv) the management plan for the Monument.CommentsClose CommentsPermalink





‘(g) West Wide Energy Corridor-CommentsClose CommentsPermalink





‘(1) ALTERNATIVE ALIGNMENT- Subject to paragraph (2), to further the purposes of the Monument described in section 1302(b), the Secretary may require a realignment of the energy right-of-way corridor numbered 27-41 and designated under the energy corridor planning process established by section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926) if an alternative alignment within the Monument--CommentsClose CommentsPermalink





‘(A) provides substantially similar energy transmission capacity and reliability;CommentsClose CommentsPermalink





‘(B) does not impair other existing rights-of-way; andCommentsClose CommentsPermalink





‘(C) is compatible with military training requirements.CommentsClose CommentsPermalink





‘(2) CONSULTATION- Before establishing an alternative alignment of the energy right-of-way corridor under paragraph (1), the Secretary shall consult with--CommentsClose CommentsPermalink





‘(A) the Secretary of Energy;CommentsClose CommentsPermalink





‘(B) the Secretary of Defense;CommentsClose CommentsPermalink





‘(C) the State, including the transmission permitting agency of the State;CommentsClose CommentsPermalink





‘(D) units of local government in the State; andCommentsClose CommentsPermalink





‘(E) any entities possessing valid existing rights-of-way within--CommentsClose CommentsPermalink





‘(i) the energy corridor described in paragraph (1); orCommentsClose CommentsPermalink





‘(ii) any potential alternative energy corridor.CommentsClose CommentsPermalink





‘(3) EFFECT ON ENERGY TRANSPORT CORRIDORS- Nothing in this subsection diminishes the utility of energy transport corridors located within the Monument and identified under section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926), Energy Corridors E or I (as designated in the California Desert Conservation Area Plan), or energy corridors numbered 27-41 and 27-225 and designated by a record of decision--CommentsClose CommentsPermalink





‘(A) to provide locations for--CommentsClose CommentsPermalink





‘(i) electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; andCommentsClose CommentsPermalink





‘(ii) oil, gas, and hydrogen pipelines; andCommentsClose CommentsPermalink





‘(B) to provide locations for electric transmission facilities that--CommentsClose CommentsPermalink





‘(i) promote renewable energy generation;CommentsClose CommentsPermalink





‘(ii) otherwise further the interest of the United States if the transmission facilities are identified as critical--CommentsClose CommentsPermalink





‘(I) in a Federal law; orCommentsClose CommentsPermalink





‘(II) through a regional transmission planning process; orCommentsClose CommentsPermalink





‘(iii) consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).CommentsClose CommentsPermalink





‘(4) LAND USE PLANNING- In conducting land use planning for the Monument, the Secretary--CommentsClose CommentsPermalink





‘(A) shall consider the existing locations of the corridors described in paragraph (3); andCommentsClose CommentsPermalink





‘(B) subject to paragraph (5), may amend the location of any energy corridors to comply with purposes of the Monument if the amended corridor--CommentsClose CommentsPermalink





‘(i) provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;CommentsClose CommentsPermalink





‘(ii) meets the criteria established by--CommentsClose CommentsPermalink





‘(I) section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); andCommentsClose CommentsPermalink





‘(II) the record of decision for the applicable corridor; andCommentsClose CommentsPermalink





‘(iii) does not impair or restrict the uses of existing rights-of-way.CommentsClose CommentsPermalink





‘(5) CONSULTATION REQUIRED- Before amending a corridor under paragraph (4)(B), the Secretary shall consult with all interested parties (including the persons identified in section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with applicable laws (including regulations).CommentsClose CommentsPermalink





‘(h) Overflights- Nothing in this title or the management plan restricts or precludes--CommentsClose CommentsPermalink





‘(1) overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Monument;CommentsClose CommentsPermalink





‘(2) the designation or creation of new units of special use airspace; orCommentsClose CommentsPermalink





‘(3) the establishment of military flight training routes over the Monument.CommentsClose CommentsPermalink





‘(i) Withdrawals-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to valid existing rights and except as provided in paragraph (2), the Federal land and interests in Federal land included within the Monument are withdrawn from--CommentsClose CommentsPermalink





‘(A) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





‘(B) location, entry, and patent under the public land mining laws;CommentsClose CommentsPermalink





‘(C) operation of the mineral leasing, geothermal leasing, and mineral materials laws; andCommentsClose CommentsPermalink





‘(D) energy development and power generation.CommentsClose CommentsPermalink





‘(2) EXCHANGE- Paragraph (1) does not apply to an exchange that the Secretary determines would further the protective purposes of the Monument.CommentsClose CommentsPermalink





‘(j) Access to Renewable Energy Facilities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- On a determination that no reasonable alternative access exists and subject to paragraph (2), the Secretary may allow new right-of-ways within the Monument to provide vehicular access to renewable energy project sites outside the boundaries of the Monument.CommentsClose CommentsPermalink





‘(2) RESTRICTIONS- To the maximum extent practicable, the rights-of-way shall be designed and sited to be consistent with the purposes of the Monument described in section 1302(b).CommentsClose CommentsPermalink

‘SEC. 1305. ACQUISITION OF LAND.

‘(a) In General- The Secretary may acquire for inclusion in the Monument any land or interests in land within the boundary of the Monument owned by the State, units of local government, Indian tribes, or private individuals only by--CommentsClose CommentsPermalink





‘(1) donation;CommentsClose CommentsPermalink





‘(2) exchange with a willing party; orCommentsClose CommentsPermalink





‘(3) purchase from a willing seller for fair market value.CommentsClose CommentsPermalink





‘(b) Use of Easements- To the maximum extent practicable and only with the approval of the landowner, the Secretary may use permanent conservation easements to acquire an interest in land in the Monument rather than acquiring fee simple title to the land.CommentsClose CommentsPermalink





‘(c) Incorporation of Acquired Land and Interests in Land- Any land or interest in land within the boundaries of the Monument that is acquired by the United States after the date of enactment of this title shall be added to and administered as part of the Monument.CommentsClose CommentsPermalink





‘(d) Donated and Acquired Land-CommentsClose CommentsPermalink





‘(1) IN GENERAL- All land within the boundary of the Monument donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) before, on, or after the date of enactment of this title--CommentsClose CommentsPermalink





‘(A) is withdrawn from mineral entry;CommentsClose CommentsPermalink





‘(B) shall be managed in accordance with section 1904; andCommentsClose CommentsPermalink





‘(C) shall be managed consistent with the purposes of the Monument described in section 1302(b).CommentsClose CommentsPermalink





‘(2) EFFECT ON MONUMENT- Land within the boundary of the Monument that is contiguous to land donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall be managed in a manner consistent with conservation purposes, subject to applicable law.CommentsClose CommentsPermalink

‘SEC. 1306. ADVISORY COMMITTEE.

‘(a) In General- The Secretary shall establish an advisory committee for the Monument, the purpose of which is to advise the Secretary with respect to the preparation and implementation of the management plan required by section 1303(g).CommentsClose CommentsPermalink





‘(b) Membership- To the extent practicable, the advisory committee shall include the following members, to be appointed by the Secretary:CommentsClose CommentsPermalink





‘(1) A representative with expertise in natural science and research selected from a regional university or research institute.CommentsClose CommentsPermalink





‘(2) A representative of the California Natural Resources Agency.CommentsClose CommentsPermalink





‘(3) A representative of the California Public Utilities Commission.CommentsClose CommentsPermalink





‘(4) A representative of the County of San Bernardino, California.CommentsClose CommentsPermalink





‘(5) A representative of each of the cities of Barstow, Needles, Twentynine Palms, and Yucca Valley, California.CommentsClose CommentsPermalink





‘(6) A representative of each of the Colorado River, Fort Mojave, and the Chemehuevi Indian tribes.CommentsClose CommentsPermalink





‘(7) A representative from the Department of Defense.CommentsClose CommentsPermalink





‘(8) A representative of the Wildlands Conservancy.CommentsClose CommentsPermalink





‘(9) A representative of a local conservation organization.CommentsClose CommentsPermalink





‘(10) A representative of a historical preservation organization.CommentsClose CommentsPermalink





‘(11) A representative from each of the following recreational activities:CommentsClose CommentsPermalink





‘(A) Off-highway vehicles.CommentsClose CommentsPermalink





‘(B) Hunting.CommentsClose CommentsPermalink





‘(C) Rockhounding.CommentsClose CommentsPermalink





‘(c) Terms-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In appointing members under paragraphs (1) through (11) of subsection (b), the Secretary shall appoint 1 primary member and 1 alternate member that meets the qualifications described in each of those paragraphs.CommentsClose CommentsPermalink





‘(2) VACANCY-CommentsClose CommentsPermalink





‘(A) PRIMARY MEMBER- A vacancy on the advisory committee with respect to a primary member shall be filled by the applicable alternate member.CommentsClose CommentsPermalink





‘(B) ALTERNATE MEMBER- The Secretary shall appoint a new alternate members in the event of a vacancy with respect to an alternate member of the advisory committee.CommentsClose CommentsPermalink





‘(3) TERMINATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term of all members of the advisory committee shall terminate on the termination of the advisory committee under subsection (g).CommentsClose CommentsPermalink





‘(B) NEW ADVISORY COMMITTEE- At the discretion of the Secretary, the Secretary may establish a new advisory committee on the termination of the advisory committee under subsection (g) to provide ongoing recommendations on the management of the Monument.CommentsClose CommentsPermalink





‘(d) Quorum- A quorum of the advisory committee shall consist of a majority of the primary members.CommentsClose CommentsPermalink





‘(e) Chairperson and Procedures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The advisory committee shall select a chairperson and vice chairperson from among the primary members of the advisory committee.CommentsClose CommentsPermalink





‘(2) DUTIES- The chairperson and vice chairperson selected under paragraph (1) shall establish any rules and procedures for the advisory committee that the chairperson and vice-chairperson determine to be necessary or desirable.CommentsClose CommentsPermalink





‘(f) Service Without Compensation- Members of the advisory committee shall serve without pay.CommentsClose CommentsPermalink





‘(g) Termination- The advisory committee shall cease to exist on--CommentsClose CommentsPermalink





‘(1) the date on which the management plan is officially adopted by the Secretary; orCommentsClose CommentsPermalink





‘(2) at the discretion of the Secretary, a later date established by the Secretary.CommentsClose CommentsPermalink

‘SEC. 1307. RENEWABLE ENERGY RIGHT-OF-WAY APPLICATIONS.

‘(a) In General- Applicants for rights-of-way for the development of solar energy facilities that have been terminated by the establishment of the Monument shall be granted the right of first refusal to apply for replacement sites that--CommentsClose CommentsPermalink





‘(1) have not previously been encumbered by right-of-way applications; andCommentsClose CommentsPermalink





‘(2) are located within the Solar Energy Zones designated by the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy.CommentsClose CommentsPermalink





‘(b) Eligibility- To be eligible for a right of first refusal under subsection (a), an applicant shall have, on or before December 1, 2009--CommentsClose CommentsPermalink





‘(1) submitted an application for a right-of-way to the Bureau of Land Management;CommentsClose CommentsPermalink





‘(2) completed a plan of development to develop a solar energy facility on land within the Monument;CommentsClose CommentsPermalink





‘(3) submitted cost recovery funds to the Bureau of Land Management to assist with the costs of processing the right-of-way application;CommentsClose CommentsPermalink





‘(4) successfully submitted an application for an interconnection agreement with an electrical grid operator that is registered with the North American Electric Reliability Corporation; andCommentsClose CommentsPermalink





‘(5)(A) secured a power purchase agreement; orCommentsClose CommentsPermalink





‘(B) a financially and technically viable solar energy facility project, as determined by the Director of the Bureau of Land Management.CommentsClose CommentsPermalink





‘(c) Equivalent Energy Production- Each right-of-way for a replacement site granted under this section shall--CommentsClose CommentsPermalink





‘(1) authorize the same energy production at the replacement site as had been applied for at the site that had been the subject of the terminated application; andCommentsClose CommentsPermalink





‘(2) have--CommentsClose CommentsPermalink





‘(A) appropriate solar insolation and geotechnical attributes; andCommentsClose CommentsPermalink





‘(B) adequate access to existing transmission or feasible new transmission.CommentsClose CommentsPermalink





‘(d) Existing Rights-of-Way Applications- Nothing in this section alters, affects, or displaces primary rights-of-way applications within the Solar Energy Study Areas unless the applications are otherwise altered, affected, or displaced as a result of the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy.CommentsClose CommentsPermalink





‘(e) Deadlines- A right of first refusal granted under this section shall only be exercisable by the later of--CommentsClose CommentsPermalink





‘(1) the date that is 180 days after the date of enactment of this title; orCommentsClose CommentsPermalink





‘(2) the date that is 180 days after the date of the designation of the Solar Energy Zones under the Solar Energy Programmatic Environmental Impact Statement.CommentsClose CommentsPermalink





‘(f) Expedited Application Processing- The Secretary shall expedite the review of replacement site applications from eligible applicants, as described in subsection (b).CommentsClose CommentsPermalink

‘TITLE XIV--SAND TO SNOW NATIONAL MONUMENTCommentsClose CommentsPermalink

‘SEC. 1401. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) MAP- The term ‘map’ means the map entitled ‘Boundary Map, Sand to Snow National Monument’ and dated October 26, 2009.CommentsClose CommentsPermalink





‘(2) MONUMENT- The term ‘Monument’ means the Sand to Snow National Monument established by section 1402(a).CommentsClose CommentsPermalink





‘(3) SECRETARIES- The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.CommentsClose CommentsPermalink

‘SEC. 1402. ESTABLISHMENT OF THE SAND TO SNOW NATIONAL MONUMENT.

‘(a) Establishment- There is designated in the State the Sand to Snow National Monument.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of the Monument are--CommentsClose CommentsPermalink





‘(1) to preserve the nationally significant biological, cultural, educational, geological, historic, scenic, and recreational values at the convergence of the Mojave and Colorado Desert and the San Bernardino Mountains; andCommentsClose CommentsPermalink





‘(2) to secure the opportunity for present and future generations to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources of the Monument.CommentsClose CommentsPermalink





‘(c) Boundaries- The Monument shall consist of the Federal land and Federal interests in land within the boundaries depicted on the map.CommentsClose CommentsPermalink





‘(d) Map; Legal Descriptions-CommentsClose CommentsPermalink





‘(1) LEGAL DESCRIPTION- As soon as practicable after the date of enactment of this title, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate legal descriptions of the Monument, based on the map.CommentsClose CommentsPermalink





‘(2) CORRECTIONS- The map and legal descriptions of the Monument shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map and legal descriptions.CommentsClose CommentsPermalink





‘(3) AVAILABILITY OF MAP- The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.CommentsClose CommentsPermalink

‘SEC. 1403. MANAGEMENT OF THE MONUMENT.

‘(a) In General- The Secretary shall--CommentsClose CommentsPermalink





‘(1) only allow uses of the Monument that--CommentsClose CommentsPermalink





‘(A) further the purposes described in section 1402(b);CommentsClose CommentsPermalink





‘(B) are included in the management plan developed under subsection (g); andCommentsClose CommentsPermalink





‘(C) do not interfere with the utility rights-of-way authorized under section 1405(e); andCommentsClose CommentsPermalink





‘(2) subject to valid existing rights, manage the Monument to protect the resources of the Monument, in accordance with--CommentsClose CommentsPermalink





‘(A) this title;CommentsClose CommentsPermalink





‘(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); andCommentsClose CommentsPermalink





‘(C) any other applicable provisions of law.CommentsClose CommentsPermalink





‘(b) Cooperation Agreements; General Authority- Consistent with the management plan and existing authorities applicable to the Monument, the Secretary may enter into cooperative agreements and shared management arrangements (including special use permits with any person (including educational institutions and Indian tribes)), for the purposes of interpreting, researching, and providing education on the resources of the Monument.CommentsClose CommentsPermalink





‘(c) Administration of Subsequently Acquired Land- Any land or interest in land within the boundaries of the Monument that is acquired by the Secretary of the Interior or the Secretary of Agriculture after the date of enactment of this title shall be managed by the Secretary of Agriculture or the Secretary of the Interior, respectively, in accordance with this title.CommentsClose CommentsPermalink





‘(d) Limitations-CommentsClose CommentsPermalink





‘(1) PROPERTY RIGHTS- The establishment of the Monument does not--CommentsClose CommentsPermalink





‘(A) affect--CommentsClose CommentsPermalink





‘(i) any property rights of an Indian reservation, individually held trust land, or any other Indian allotments;CommentsClose CommentsPermalink





‘(ii) any land or interests in land held by the State, any political subdivision of the State, or any special district; orCommentsClose CommentsPermalink





‘(iii) any private property rights within the boundaries of the Monument; orCommentsClose CommentsPermalink





‘(B) grant to the Secretary any authority on or over non-Federal land not already provided by law.CommentsClose CommentsPermalink





‘(2) AUTHORITY- The authority of the Secretary under this title extends only to Federal land and Federal interests in land included in the Monument.CommentsClose CommentsPermalink





‘(e) Adjacent Management-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this title creates any protective perimeter or buffer zone around the Monument.CommentsClose CommentsPermalink





‘(2) ACTIVITIES OUTSIDE MONUMENT- The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(3) NO ADDITIONAL REGULATION- Nothing in this title requires additional regulation of activities on land outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(f) Air and Water Quality- Nothing in this title affects the standards governing air or water quality outside the boundary of the Monument.CommentsClose CommentsPermalink





‘(g) Management Plan-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretaries shall--CommentsClose CommentsPermalink





‘(A) not later than 3 years after the date of enactment of this title, complete a management plan for the conservation and protection of the Monument; andCommentsClose CommentsPermalink





‘(B) on completion of the management plan--CommentsClose CommentsPermalink





‘(i) submit the management plan to--CommentsClose CommentsPermalink





‘(I) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





‘(II) the Committee on Energy and Natural Resources of the Senate; andCommentsClose CommentsPermalink





‘(ii) make the management plan available to the public.CommentsClose CommentsPermalink





‘(2) INCLUSIONS- The management plan shall include provisions that--CommentsClose CommentsPermalink





‘(A) provide for the conservation and protection of the Monument;CommentsClose CommentsPermalink





‘(B) authorize the continued recreational uses of the Monument (including hiking, camping, hunting, mountain biking, sightseeing, off-highway vehicle recreation on designated routes, rockhounding, and horseback riding), if the recreational uses are consistent with this title and any other applicable law;CommentsClose CommentsPermalink





‘(C) address the need for and, as necessary, establish plans for, the installation, construction, and maintenance of public utility energy transport facilities within rights-of-way in the Monument outside of designated wilderness areas, including provisions that require that--CommentsClose CommentsPermalink





‘(i) the activities be conducted in a manner that minimizes the impact on Monument resources (including resources relating to the ecological, cultural, historic, and scenic viewshed of the Monument), in accordance with any other applicable law; andCommentsClose CommentsPermalink





‘(ii) the facilities are consistent with this section and any other applicable law;CommentsClose CommentsPermalink





‘(D) address the designation and maintenance of roads, trails, and paths in the Monument;CommentsClose CommentsPermalink





‘(E) address regional fire management planning and coordination between the Director of the Bureau of Land Management, the Chief of the Forest Service, Riverside County, and San Bernardino County; andCommentsClose CommentsPermalink





‘(F) address the establishment of a visitor center to serve the Monument and adjacent public land.CommentsClose CommentsPermalink





‘(3) PREPARATION AND IMPLEMENTATION-CommentsClose CommentsPermalink





‘(A) APPLICABLE LAW- The Secretary shall prepare and implement the management plan in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any other applicable laws.CommentsClose CommentsPermalink





‘(B) CONSULTATION- In preparing and implementing the management plan, the Secretary shall periodically consult with--CommentsClose CommentsPermalink





‘(i) the advisory committee established under section 1406;CommentsClose CommentsPermalink





‘(ii) interested private property owners and holders of valid existing rights located within the boundaries of the Monument; andCommentsClose CommentsPermalink





‘(iii) representatives of the Morongo Band of Mission Indians and other Indian tribes with historic or cultural ties to land within, or adjacent to, the Monument regarding the management of portions of the Monument that are of cultural importance to the Indian tribes.CommentsClose CommentsPermalink





‘(4) INTERIM MANAGEMENT- Except as otherwise prohibited by this Act, pending completion of the management plan for the Monument, the Secretary shall manage any Federal land and Federal interests in land within the boundary of the Monument--CommentsClose CommentsPermalink





‘(A) consistent with the existing permitted uses of the land;CommentsClose CommentsPermalink





‘(B) in accordance with the general guidelines and authorities of the existing management plans of the Bureau of Land Management and the Forest Service for the land; andCommentsClose CommentsPermalink





‘(C) in a manner consistent with--CommentsClose CommentsPermalink





‘(i) the purposes described in section 1402(b);CommentsClose CommentsPermalink





‘(ii) the provisions of the management plan under paragraph (2); andCommentsClose CommentsPermalink





‘(iii) applicable Federal law.CommentsClose CommentsPermalink





‘(5) EFFECT OF SECTION- Nothing in this section diminishes or alters existing authorities applicable to Federal land included in the Monument.CommentsClose CommentsPermalink

‘SEC. 1404. USES OF THE MONUMENT.

‘(a) Use of Off-Highway Vehicles-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The use of off-highway vehicles in the Monument (including the use of off-highway vehicles for commercial touring) shall be permitted to continue on designated routes, subject to all applicable law and authorized by the management plan.CommentsClose CommentsPermalink





‘(2) NONDESIGNATED ROUTES- Off-highway vehicle access shall be permitted on nondesignated routes and trails in the Monument--CommentsClose CommentsPermalink





‘(A) for administrative purposes;CommentsClose CommentsPermalink





‘(B) to respond to an emergency; orCommentsClose CommentsPermalink





‘(C) as authorized under the management plan.CommentsClose CommentsPermalink





‘(3) INVENTORY- Not later than 2 years after the date of enactment of this title, the Director of the Bureau of Land Management shall complete an inventory of all existing routes in the Monument.CommentsClose CommentsPermalink





‘(b) Hunting, Trapping, and Fishing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall permit hunting, trapping, and fishing within the Monument in accordance with applicable Federal and State laws (including regulations) as of the date of enactment of this title.CommentsClose CommentsPermalink





‘(2) TRAPPING- No amphibians or reptiles may be collected within the Monument.CommentsClose CommentsPermalink





‘(3) REGULATIONS- The Secretary, after consultation with the California Department of Fish and Game, may issue regulations designating zones where, and establishing periods during which, no hunting, trapping, or fishing shall be permitted in the Monument for reasons of public safety, administration, resource protection, or public use and enjoyment.CommentsClose CommentsPermalink





‘(c) Access to State and Private Land- The Secretary shall provide adequate access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Monument to ensure the reasonable use and enjoyment of the land or interest by the owner.CommentsClose CommentsPermalink





‘(d) Limitations-CommentsClose CommentsPermalink





‘(1) COMMERCIAL ENTERPRISES- Except as provided in paragraphs (2) and (3), or as required for the maintenance, upgrade, expansion, or development of energy transport facilities in the corridors described in subsection (e), no commercial enterprises shall be authorized within the boundary of the Monument after the date of enactment of this title.CommentsClose CommentsPermalink





‘(2) AUTHORIZED EXCEPTIONS- The Secretary may authorize exceptions to paragraph (1) if the Secretary determines that the commercial enterprises would further the purposes described in section 1402(b).CommentsClose CommentsPermalink





‘(3) TRANSMISSION AND TELECOMMUNICATION FACILITIES- This subsection does not apply to--CommentsClose CommentsPermalink





‘(A) transmission and telecommunication facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms are defined in section 217 of the Federal Power Act (16 U.S.C. 824q)); orCommentsClose CommentsPermalink





‘(B) commercial vehicular touring enterprises within the Monument that operate on designated routes.CommentsClose CommentsPermalink





‘(e) Utility Rights-of-Way-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this Act precludes, prevents, or inhibits the maintenance, upgrade, expansion, or development of energy transport facilities within the Monument that are critical to reducing the effects of climate change on the environment.CommentsClose CommentsPermalink





‘(2) RIGHT-OF-WAY- To the maximum extent practicable--CommentsClose CommentsPermalink





‘(A) the Secretary shall permit rights of way and alignments that best protect the values and resources of the Monument described in section 1402(b); andCommentsClose CommentsPermalink





‘(B) the Secretary shall ensure that existing rights-of-way and utility corridors within the Monument are fully utilized before permitting new rights-of-way or designating new utility corridors within the Monument.CommentsClose CommentsPermalink





‘(3) EFFECT ON EXISTING FACILITIES AND RIGHTS-OF-WAY- Nothing in this section terminates or limits--CommentsClose CommentsPermalink





‘(A) any valid right-of-way in existence within the Monument on the date of enactment of this title (including customary operation, maintenance, repair, or replacement activities in a right-of-way); orCommentsClose CommentsPermalink





‘(B) a right-of-way authorization issued on the expiration or the assignment of an existing right-of-way authorization described in subparagraph (A).CommentsClose CommentsPermalink





‘(4) UPGRADING AND EXPANSION OF EXISTING RIGHTS-OF-WAY- Nothing in this subsection prohibits the upgrading (including the construction or replacement), expansion, or assignment of an existing utility transmission line for the purpose of increasing the capacity of--CommentsClose CommentsPermalink





‘(A) a transmission line in existing rights-of-way; orCommentsClose CommentsPermalink





‘(B) a right-of-way issued, granted, or permitted by the Secretary that is contiguous or adjacent to existing transmission line rights-of-way.CommentsClose CommentsPermalink





‘(5) NEW RIGHTS-OF-WAY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any new rights-of-way or new uses within existing rights-of-way shall, subject to subparagraph (B), require review and approval under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





‘(B) APPROVAL- New uses under subparagraph (A) shall only be approved if the head of the applicable lead Federal agency, in consultation with other applicable agencies, determine that the uses are consistent with--CommentsClose CommentsPermalink





‘(i) this title;CommentsClose CommentsPermalink





‘(ii) other applicable laws;CommentsClose CommentsPermalink





‘(iii) the purposes of the Monument described in section 1402(b); andCommentsClose CommentsPermalink





‘(iv) the management plan for the Monument.CommentsClose CommentsPermalink





‘(6) EFFECT ON ENERGY TRANSPORT CORRIDORS- Nothing in this subsection diminishes the utility of energy transport corridors located within the Monument designated by a record of decision--CommentsClose CommentsPermalink





‘(A) to provide locations for--CommentsClose CommentsPermalink





‘(i) electric transmission facilities that improve reliability, relieve congestion, and enhance the national grid; andCommentsClose CommentsPermalink





‘(ii) oil, gas, and hydrogen pipelines; andCommentsClose CommentsPermalink





‘(B) to provide locations for electric transmission facilities that--CommentsClose CommentsPermalink





‘(i) promote renewable energy generation;CommentsClose CommentsPermalink





‘(ii) otherwise further the interest of the United States if the transmission facilities are identified as critical in law or through a regional transmission planning process; orCommentsClose CommentsPermalink





‘(iii) consist of high-voltage transmission facilities critical to the purposes described in clause (i) or (ii).CommentsClose CommentsPermalink





‘(7) LAND USE PLANNING- In conducting land use planning for the Monument, the Secretary--CommentsClose CommentsPermalink





‘(A) shall consider the existing locations of the corridors described in paragraph (6); andCommentsClose CommentsPermalink





‘(B) subject to paragraph (8), may amend the location of any energy corridors to comply with purposes of the Monument if the amended corridor--CommentsClose CommentsPermalink





‘(i) provides connectivity across the landscape that is equivalent to the connectivity provided by the existing location;CommentsClose CommentsPermalink





‘(ii) meets the criteria established by--CommentsClose CommentsPermalink





‘(I) section 368 of the Energy Policy Act of 2005 (42 U.S.C. 15926); andCommentsClose CommentsPermalink





‘(II) the record of decision for the applicable corridor; andCommentsClose CommentsPermalink





‘(iii) does not impair or restrict the uses of existing rights-of-way.CommentsClose CommentsPermalink





‘(8) CONSULTATION REQUIRED- Before amending a corridor under paragraph (7)(B), the Secretary shall consult with all interested parties (including the persons identified in section 368(a) of the Energy Policy Act of 2005 (42 U.S.C. 15926(a))), in accordance with applicable laws (including regulations).CommentsClose CommentsPermalink





‘(f) Overflights- Nothing in this title or the management plan restricts or precludes--CommentsClose CommentsPermalink





‘(1) overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Monument;CommentsClose CommentsPermalink





‘(2) the designation or creation of new units of special use airspace; orCommentsClose CommentsPermalink





‘(3) the establishment of military flight training routes over the Monument.CommentsClose CommentsPermalink





‘(g) Withdrawals-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to valid existing rights and except as provided in paragraph (2), the Federal land and interests in Federal land included within the Monument are withdrawn from--CommentsClose CommentsPermalink





‘(A) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





‘(B) location, entry, and patent under the public land mining laws;CommentsClose CommentsPermalink





‘(C) operation of the mineral leasing, geothermal leasing, and mineral materials laws; andCommentsClose CommentsPermalink





‘(D) energy development and power generation.CommentsClose CommentsPermalink





‘(2) EXCHANGE- Paragraph (1) does not apply to an exchange that the Secretary determines would further the protective purposes of the Monument.CommentsClose CommentsPermalink





‘(h) Access to Renewable Energy Facilities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the Secretary may allow new right-of-ways within the Monument to provide reasonable vehicular access to renewable energy project sites outside the boundaries of the Monument.CommentsClose CommentsPermalink





‘(2) RESTRICTIONS- To the maximum extent practicable, the rights-of-way shall be designed and sited to be consistent with the purposes of the Monument described in section 1402(b).CommentsClose CommentsPermalink

‘SEC. 1405. ACQUISITION OF LAND.

‘(a) In General- The Secretary may acquire for inclusion in the Monument any land or interests in land within the boundary of the Monument owned by the State, units of local government, Indian tribes, or private individuals only by--CommentsClose CommentsPermalink





‘(1) donation;CommentsClose CommentsPermalink





‘(2) exchange with a willing party; orCommentsClose CommentsPermalink





‘(3) purchase from a willing seller for fair market value.CommentsClose CommentsPermalink





‘(b) Use of Easements- To the maximum extent practicable and only with the approval of the landowner, the Secretary may use permanent conservation easements to acquire an interest in land in the Monument rather than acquiring fee simple title to the land.CommentsClose CommentsPermalink





‘(c) Incorporation of Acquired Land and Interests in Land- Any land or interest in land within the boundaries of the Monument that is acquired by the United States after the date of enactment of this title shall be added to and administered as part of the Monument.CommentsClose CommentsPermalink





‘(d) Donated and Acquired Land-CommentsClose CommentsPermalink





‘(1) IN GENERAL- All land within the boundary of the Monument donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) before, on, or after the date of enactment of this title--CommentsClose CommentsPermalink





‘(A) is withdrawn from mineral entry;CommentsClose CommentsPermalink





‘(B) shall be managed in accordance with section 1904; andCommentsClose CommentsPermalink





‘(C) shall be managed consistent with the purposes of the Monument described in section 1402(b).CommentsClose CommentsPermalink





‘(2) EFFECT ON MONUMENT- Land within the boundary of the Monument that is contiguous to land donated to the United States or acquired using amounts from the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) shall be managed in a manner consistent with conservation purposes, subject to applicable law.CommentsClose CommentsPermalink

‘SEC. 1406. ADVISORY COMMITTEE.

‘(a) In General- The Secretary shall establish an advisory committee for the Monument, the purpose of which is to advise the Secretary with respect to the preparation and implementation of the management plan required by section 1403(g).CommentsClose CommentsPermalink





‘(b) Membership- To the extent practicable, the advisory committee shall include the following members, to be appointed by the Secretary:CommentsClose CommentsPermalink





‘(1) A representative with expertise in natural science and research selected from a regional university or research institute.CommentsClose CommentsPermalink





‘(2) A representative of the Department of Defense.CommentsClose CommentsPermalink





‘(3) A representative of the California Natural Resources Agency.CommentsClose CommentsPermalink





‘(4) A representative of each of San Bernardino and Riverside Counties, California.CommentsClose CommentsPermalink





‘(5) A representative of each of the cities of Desert Hot Springs and Yucca Valley, California.CommentsClose CommentsPermalink





‘(6) A representative of the Morongo Band of Mission Indians.CommentsClose CommentsPermalink





‘(7) A representative of the Friends of Big Morongo Preserve.CommentsClose CommentsPermalink





‘(8) A representative of the Wildlands Conservancy.CommentsClose CommentsPermalink





‘(9) A representative of the Coachella Valley Mountains Conservancy.CommentsClose CommentsPermalink





‘(10) A representative of the San Gorgonio Wilderness Association.CommentsClose CommentsPermalink





‘(11) A representative of the Morongo Basin Community Services District.CommentsClose CommentsPermalink





‘(12) A representative from each of the following recreational activities:CommentsClose CommentsPermalink





‘(A) Off-highway vehicles.CommentsClose CommentsPermalink





‘(B) Hunting.CommentsClose CommentsPermalink





‘(C) Rockhounding.CommentsClose CommentsPermalink





‘(c) Terms-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In appointing members under paragraphs (1) through (12) of subsection (b), the Secretary shall appoint 1 primary member and 1 alternate member that meets the qualifications described in each of those paragraphs.CommentsClose CommentsPermalink





‘(2) VACANCY-CommentsClose CommentsPermalink





‘(A) PRIMARY MEMBER- A vacancy on the advisory committee with respect to a primary member shall be filled by the applicable alternate member.CommentsClose CommentsPermalink





‘(B) ALTERNATE MEMBER- The Secretary shall appoint a new alternate members in the event of a vacancy with respect to an alternate member of the advisory committee.CommentsClose CommentsPermalink





‘(3) TERMINATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term of all members of the advisory committee shall terminate on the termination of the advisory committee under subsection (g).CommentsClose CommentsPermalink





‘(B) NEW ADVISORY COMMITTEE- At the discretion of the Secretary, the Secretary may establish a new advisory committee on the termination of the advisory committee under subsection (g) to provide ongoing recommendations on the management of the Monument.CommentsClose CommentsPermalink





‘(d) Quorum- A quorum of the advisory committee shall consist of a majority of the primary members.CommentsClose CommentsPermalink





‘(e) Chairperson and Procedures-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The advisory committee shall select a chairperson and vice chairperson from among the primary members of the advisory committee.CommentsClose CommentsPermalink





‘(2) DUTIES- The chairperson and vice chairperson selected under paragraph (1) shall establish any rules and procedures for the advisory committee that the chairperson and vice-chairperson determine to be necessary or desirable.CommentsClose CommentsPermalink





‘(f) Service Without Compensation- Members of the advisory committee shall serve without pay.CommentsClose CommentsPermalink





‘(g) Termination- The advisory committee shall cease to exist on--CommentsClose CommentsPermalink





‘(1) the date on which the management plan is officially adopted by the Secretary; orCommentsClose CommentsPermalink





‘(2) at the discretion of the Secretary, a later date established by the Secretary.CommentsClose CommentsPermalink

‘TITLE XV--WILDERNESSCommentsClose CommentsPermalink

‘SEC. 1501. DESIGNATION OF WILDERNESS AREAS.

‘(a) Designation of Wilderness Areas To Be Administered by the Bureau of Land Management- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





‘(1) AVAWATZ MOUNTAINS WILDERNESS- Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 86,614 acres, as generally depicted on the map entitled ‘Avawatz Mountains Proposed Wilderness’ and dated July 15, 2009, to be known as the ‘Avawatz Mountains Wilderness’.CommentsClose CommentsPermalink





‘(2) GOLDEN VALLEY WILDERNESS- Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 21,633 acres, as generally depicted on the map entitled ‘Golden Valley Proposed Wilderness’ and dated July 15, 2009, which shall be considered to be part of the ‘Golden Valley Wilderness’.CommentsClose CommentsPermalink





‘(3) GREAT FALLS BASIN WILDERNESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 7,871 acres, as generally depicted on the map entitled ‘Great Falls Basin Proposed Wilderness’ and dated October 26, 2009, to be known as the ‘Great Falls Basin Wilderness’.CommentsClose CommentsPermalink





‘(B) LIMITATIONS- Designation of the wilderness under subparagraph (A) shall not establish a Class I Airshed under the Clean Air Act (42 U.S.C. 7401 et seq.).CommentsClose CommentsPermalink





‘(4) KINGSTON RANGE WILDERNESS- Certain land in the Conservation Area administered by the Bureau of Land Management, comprising approximately 53,321 acres, as generally depicted on the map entitled ‘Kingston Range Proposed Wilderness Additions’ and dated July 15, 2009, which shall be considered to be a part of as the ‘Kingston Range Wilderness’.CommentsClose CommentsPermalink





‘(5) SODA MOUNTAINS WILDERNESS- Certain land in the Conservation Area, administered by the Bureau of Land Management, comprising approximately 79,376 acres, as generally depicted on the map entitled ‘Soda Mountains Proposed Wilderness’ and dated October 26, 2009, to be known as the ‘Soda Mountains Wilderness’.CommentsClose CommentsPermalink





‘(b) Designation of Wilderness Areas To Be Administered by the National Park Service- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the following land in the State is designated as wilderness areas and as components of the National Wilderness Preservation System:CommentsClose CommentsPermalink





‘(1) DEATH VALLEY NATIONAL PARK WILDERNESS ADDITIONS- Certain land in the Conservation Area administered by the Director of the National Park Service, comprising approximately 59,264 acres, as generally depicted on the map entitled ‘Death Valley National Park Additions’ and dated October 1, 2009, which shall be considered to be a part of the Death Valley National Park Wilderness.CommentsClose CommentsPermalink





‘(2) BOWLING ALLEY WILDERNESS- Certain land in the Conservation Area administered by the Director of the Bureau of Land Management, comprising approximately 30,888 acres, as generally depicted on the map entitled ‘Death Valley National Park Proposed Wilderness Area’, numbered 143/100080, and dated June 2009, which shall be considered to be a part of the Death Valley National Park Wilderness.CommentsClose CommentsPermalink





‘(c) Designation of Wilderness Area To Be Administered by the Forest Service-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and sections 601 and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781, 1782), the land in the State described in paragraph (2) is designated as a wilderness area and as a component of the National Wilderness Preservation System.CommentsClose CommentsPermalink





‘(2) DESCRIPTION OF LAND- The land referred to in paragraph (1) is certain land in the San Bernardino National Forest, comprising approximately 7,141 acres, as generally depicted on the map entitled ‘Proposed Sand to Snow National Monument’ and dated October 26, 2009, which shall considered to be a part of the San Gorgonio Wilderness.CommentsClose CommentsPermalink

‘SEC. 1502. MANAGEMENT.

‘(a) Adjacent Management-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Nothing in this title creates any protective perimeter or buffer zone around the wilderness areas designated by section 1501.CommentsClose CommentsPermalink





‘(2) ACTIVITIES OUTSIDE WILDERNESS AREAS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The fact that an activity (including military activities) or use on land outside a wilderness area designated by section 1501 can be seen or heard within the wilderness area shall not preclude or restrict the activity or use outside the boundary of the wilderness area.CommentsClose CommentsPermalink





‘(B) EFFECT ON NONWILDERNESS ACTIVITIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In any permitting proceeding (including a review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) conducted with respect to a project described in clause (ii) that is formally initiated through a notice in the Federal Register before December 31, 2013, the consideration of any visual, noise, or other impacts of the project on a wilderness area designated by section 1501 shall be conducted based on the status of the area before designation as wilderness.CommentsClose CommentsPermalink





‘(ii) DESCRIPTION OF PROJECTS- A project referred to in clause (i) is a renewable energy project--CommentsClose CommentsPermalink





‘(I) for which the Bureau of Land Management has received a right-of-way use application on or before the date of enactment of this Act; andCommentsClose CommentsPermalink





‘(II) that is located outside the boundary of a wilderness area designated by section 1501.CommentsClose CommentsPermalink





‘(3) NO ADDITIONAL REGULATION- Nothing in this title requires additional regulation of activities on land outside the boundary of the wilderness areas.CommentsClose CommentsPermalink





‘(4) EFFECT ON MILITARY OPERATIONS- Nothing in this Act alters any authority of the Secretary of Defense to conduct any military operations at desert installations, facilities, and ranges of the State that are authorized under any other provision of law.CommentsClose CommentsPermalink





‘(b) Maps; Legal Descriptions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each wilderness area and wilderness addition designated by section 1501 with--CommentsClose CommentsPermalink





‘(A) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





‘(B) the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





‘(2) FORCE OF LAW- A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the maps and legal descriptions.CommentsClose CommentsPermalink





‘(3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary.CommentsClose CommentsPermalink





‘(c) Administration- Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by section 1501 shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this title.CommentsClose CommentsPermalink

‘SEC. 1503. RELEASE OF WILDERNESS STUDY AREAS.

‘(a) Finding- Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by section 1501 or any other Act enacted before the date of enactment of this title has been adequately studied for wilderness.CommentsClose CommentsPermalink





‘(b) Description of Study Areas- The study areas referred to in subsection (a) are--CommentsClose CommentsPermalink





‘(1) the Cady Mountains Wilderness Study Area;CommentsClose CommentsPermalink





‘(2) the Great Falls Basin Wilderness Study Area; andCommentsClose CommentsPermalink





‘(3) the Soda Mountains Wilderness Study Area.CommentsClose CommentsPermalink





‘(c) Release- Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by section 1501 is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).CommentsClose CommentsPermalink

‘TITLE XVI--DESIGNATION OF SPECIAL MANAGEMENT AREACommentsClose CommentsPermalink

‘SEC. 1601. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) MANAGEMENT AREA- The term ‘Management Area’ means the Vinagre Wash Special Management Area.CommentsClose CommentsPermalink





‘(2) MAP- The term ‘map’ means the map entitled ‘Vinagre Wash Special Management Area-Proposed’ and dated November 10, 2009.CommentsClose CommentsPermalink





‘(3) PUBLIC LAND- The term ‘public land’ has the meaning given the term ‘public lands’ in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).CommentsClose CommentsPermalink





‘(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink

‘SEC. 1602. ESTABLISHMENT OF THE VINAGRE WASH SPECIAL MANAGEMENT AREA.

‘(a) Establishment- There is established the Vinagre Wash Special Management Area in the State, to be managed by the El Centro Field Office and the Yuma Field Office of the Bureau of Land Management.CommentsClose CommentsPermalink





‘(b) Purpose- The purpose of the Management Area is to conserve, protect, and enhance--CommentsClose CommentsPermalink





‘(1) the plant and wildlife values of the Management Area; andCommentsClose CommentsPermalink





‘(2) the outstanding and nationally significant ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the Management Area.CommentsClose CommentsPermalink





‘(c) Boundaries- The Management Area shall consist of the public land in Imperial County, California, comprising approximately 74,714 acres, as generally depicted on the map.CommentsClose CommentsPermalink





‘(d) Map; Legal Description-CommentsClose CommentsPermalink





‘(1) IN GENERAL- As soon as practicable, but not later than 3 years, after the date of enactment of this title, the Secretary shall submit a map and legal description of the Management Area to--CommentsClose CommentsPermalink





‘(A) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





‘(B) the Committee on Energy and Natural Resources of the Senate.CommentsClose CommentsPermalink





‘(2) EFFECT- The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any errors in the map and legal description.CommentsClose CommentsPermalink





‘(3) AVAILABILITY- Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in--CommentsClose CommentsPermalink





‘(A) the Office of the Director of the Bureau of Land Management; andCommentsClose CommentsPermalink





‘(B) the appropriate office of the Bureau of Land Management in the State.CommentsClose CommentsPermalink

‘SEC. 1603. MANAGEMENT.

‘(a) In General- The Secretary shall allow hiking, camping, hunting, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that--CommentsClose CommentsPermalink





‘(1) is consistent with the purpose of the Management Area described in section 1602(b);CommentsClose CommentsPermalink





‘(2) ensures public health and safety; andCommentsClose CommentsPermalink





‘(3) is consistent with applicable law.CommentsClose CommentsPermalink





‘(b) Off-Highway Vehicle Use-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraphs (2) and (3) and all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area generally depicted on the map.CommentsClose CommentsPermalink





‘(2) CLOSURE- The Secretary may temporarily close or permanently reroute a portion of a route described in paragraph (1)--CommentsClose CommentsPermalink





‘(A) to prevent, or allow for restoration of, resource damage;CommentsClose CommentsPermalink





‘(B) to protect tribal cultural resources, including the resources identified in the tribal cultural resources management plan developed under section 1905(c);CommentsClose CommentsPermalink





‘(C) to address public safety concerns; orCommentsClose CommentsPermalink





‘(D) as otherwise required by law.CommentsClose CommentsPermalink





‘(3) DESIGNATION OF ADDITIONAL ROUTES- During the 3-year period beginning on the date of enactment of this title, the Secretary--CommentsClose CommentsPermalink





‘(A) shall accept petitions from the public regarding additional routes for off-highway vehicles; andCommentsClose CommentsPermalink





‘(B) may designate additional routes that the Secretary determines--CommentsClose CommentsPermalink





‘(i) would provide significant or unique recreational opportunities; andCommentsClose CommentsPermalink





‘(ii) are consistent with the purposes of the Management Area.CommentsClose CommentsPermalink





‘(c) Withdrawal- Subject to valid existing rights, all Federal land within the Management Area is withdrawn from--CommentsClose CommentsPermalink





‘(1) all forms of entry, appropriation, or disposal under the public land laws;CommentsClose CommentsPermalink





‘(2) location, entry, and patent under the mining laws; andCommentsClose CommentsPermalink





‘(3) right-of-way, leasing, or disposition under all laws relating to--CommentsClose CommentsPermalink





‘(A) minerals; orCommentsClose CommentsPermalink





‘(B) solar, wind, and geothermal energy.CommentsClose CommentsPermalink





‘(d) No Buffers- The establishment of the Management Area shall not--CommentsClose CommentsPermalink





‘(1) create a protective perimeter or buffer zone around the Management Area; orCommentsClose CommentsPermalink





‘(2) preclude uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area.CommentsClose CommentsPermalink





‘(e) Notice of Available Routes- The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through--CommentsClose CommentsPermalink





‘(1) the placement of appropriate signage along the designated routes;CommentsClose CommentsPermalink





‘(2) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; andCommentsClose CommentsPermalink





‘(3) restoration of areas that are not designated as open routes, including vertical mulching.CommentsClose CommentsPermalink





‘(f) Stewardship- The Secretary, in consultation with Indian tribes and other interests, shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with--CommentsClose CommentsPermalink





‘(1) route signage;CommentsClose CommentsPermalink





‘(2) restoration of closed routes;CommentsClose CommentsPermalink





‘(3) protection of Management Area resources; andCommentsClose CommentsPermalink





‘(4) recreation education.CommentsClose CommentsPermalink





‘(g) Protection of Tribal Cultural Resources- Not later than 2 years after the date of enactment of this title, the Secretary, in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.) and any other applicable law, shall--CommentsClose CommentsPermalink





‘(1) prepare and complete a tribal cultural resources survey of the Management Area; andCommentsClose CommentsPermalink





‘(2) consult with the Quechan Indian Nation and other Indian tribes demonstrating ancestral, cultural, or other ties to the resources within the Management Area on the development and implementation of the tribal cultural resources survey under paragraph (1).CommentsClose CommentsPermalink

‘SEC. 1604. POTENTIAL WILDERNESS.

‘(a) Protection of Wilderness Character-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that preserves the character of the land for the eventual inclusion of the land in the National Wilderness Preservation System.CommentsClose CommentsPermalink





‘(2) DESCRIPTION OF LAND- The Federal land described in this paragraph is--CommentsClose CommentsPermalink





‘(A) the approximately 9,160 acres of land, as generally depicted on the map entitled ‘Indian Pass Wilderness Additions-Proposed’ and dated November 10, 2009;CommentsClose CommentsPermalink





‘(B) the approximately 17,436 acres of land, as generally depicted on the map entitled ‘Milpitas Wash Wilderness Area-Proposed’ and dated November 10, 2009;CommentsClose CommentsPermalink





‘(C) the approximately 13,647 acres of land, as generally depicted on the map entitled ‘Buzzard Peak Wilderness Area-Proposed’ and dated November 10, 2009; andCommentsClose CommentsPermalink





‘(D) the approximately 8,090 acres of land, as generally depicted on the map entitled ‘Palo Verde Mountain Wilderness Additions-Proposed’ and dated November 10, 2009.CommentsClose CommentsPermalink





‘(3) USE OF LAND-CommentsClose CommentsPermalink





‘(A) MILITARY USES- The Secretary shall manage the Federal land in the Management Area described in paragraph (2) in a manner that is consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may authorize use of the land by the Secretary of the Navy for Naval Special Warfare Tactical Training, including long-range small unit training and navigation, vehicle concealment, and vehicle sustainment training, in accordance with applicable Federal laws.CommentsClose CommentsPermalink





‘(B) PROHIBITED USES- The following shall be prohibited on the Federal land described in paragraph (2):CommentsClose CommentsPermalink





‘(i) Permanent roads.CommentsClose CommentsPermalink





‘(ii) Commercial enterprises.CommentsClose CommentsPermalink





‘(iii) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety--CommentsClose CommentsPermalink





‘(I) the use of mechanized vehicles; andCommentsClose CommentsPermalink





‘(II) the establishment of temporary roads.CommentsClose CommentsPermalink





‘(4) WILDERNESS DESIGNATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Federal land described in paragraph (2) shall be designated as wilderness and as a component of the National Wilderness Preservation System on the date on which the Secretary, in consultation with the Secretary of Defense, publishes a notice in the Federal Register that all activities on the Federal land that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have terminated.CommentsClose CommentsPermalink





‘(B) DESIGNATION- On designation of the Federal land under clause (i)--CommentsClose CommentsPermalink





‘(i) the land described in paragraph (2)(A) shall be incorporated in, and shall be considered to be a part of, the Indian Pass Wilderness;CommentsClose CommentsPermalink





‘(ii) the land described in paragraph (2)(B) shall be designated as the ‘Milpitas Wash Wilderness’;CommentsClose CommentsPermalink





‘(iii) the land described in paragraph (2)(C) shall be designated as the ‘Buzzard Peak Wilderness’; andCommentsClose CommentsPermalink





‘(iv) the land described in paragraph (2)(D) shall be incorporated in, and shall be considered to be a part of, the Palo Verde Mountains Wilderness.CommentsClose CommentsPermalink





‘(b) Administration of Wilderness- Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this title shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.).CommentsClose CommentsPermalink