San Gabriel Mountains Foothills and Rivers Protection Act

I 117TH CONGRESS 1ST SESSION H. R. 693 To establish as a unit of the National Park System the San Gabriel National Recreation Area in the State of California, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2021 Ms. CHU (for herself, Mr. HUFFMAN, Mr. CARBAJAL, Mr. SCHIFF, Mrs. NAPOLITANO, Mr. CA´RDENAS, Ms. ROYBAL-ALLARD, Ms. SA´NCHEZ, Ms. BARRAGA´N, Mr. GOMEZ, Ms. LEE of California, Ms. BROWNLEY, Ms. PORTER, Mr. LOWENTHAL, Mr. TAKANO, Ms. ESHOO, Mr. DESAULNIER, Mr. KHANNA, and Mrs. TORRES of California) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish as a unit of the National Park System the San Gabriel National Recreation Area in the State of California, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘San Gabriel Mountains Foothills and Rivers Protection 5 Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 693 IH Sec. 1. Short title; table of contents. Sec. 2. Definition of State. TITLE I—SAN GABRIEL NATIONAL RECREATION AREA Sec. 101. Purposes. Sec. 102. Definitions. Sec. 103. San Gabriel National Recreation Area. Sec. 104. Management. Sec. 105. Acquisition of non-Federal land within Recreation Area. Sec. 106. Water rights; water resource facilities; public roads; utility facilities. Sec. 107. San Gabriel National Recreation Area Public Advisory Council. Sec. 108. San Gabriel National Recreation Area Partnership. Sec. 109. Visitor services and facilities. TITLE II—SAN GABRIEL MOUNTAINS Sec. 201. Definitions. Sec. 202. National Monument Boundary Modification. Sec. 203. Designation of Wilderness Areas and Additions. Sec. 204. Administration of Wilderness Areas and Additions. Sec. 205. Designation of Wild and Scenic Rivers. Sec. 206. Water rights. SEC. 2. DEFINITION OF STATE. 1 In this Act, the term ‘‘State’’ means the State of 2 California. 3 TITLE I—SAN GABRIEL 4 NATIONAL RECREATION AREA 5 SEC. 101. PURPOSES. 6 The purposes of this title are— 7 (1) to conserve, protect, and enhance for the 8 benefit and enjoyment of present and future genera- 9 tions the ecological, scenic, wildlife, recreational, cul- 10 tural, historical, natural, educational, and scientific 11 resources of the Recreation Area; 12 (2) to provide environmentally responsible, well- 13 managed recreational opportunities within the 14 Recreation Area; 15 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 693 IH (3) to improve access to and from the Recre- 1 ation Area; 2 (4) to provide expanded educational and inter- 3 pretive services to increase public understanding of, 4 and appreciation for, the natural and cultural re- 5 sources of the Recreation Area; 6 (5) to facilitate the cooperative management of 7 the land and resources within the Recreation Area, 8 in collaboration with the State and political subdivi- 9 sions of the State, historical, business, cultural, 10 civic, recreational, tourism and other nongovern- 11 mental organizations, and the public; and 12 (6) to allow the continued use of the Recreation 13 Area by all individuals, entities, and local govern- 14 ment agencies in activities relating to integrated 15 water management, flood protection, water conserva- 16 tion, water quality, water rights, water supply, 17 groundwater recharge and monitoring, wastewater 18 treatment, public roads and bridges, and utilities 19 within or adjacent to the Recreation Area. 20 SEC. 102. DEFINITIONS. 21 In this title: 22 (1) ADJUDICATION.—The term ‘‘adjudication’’ 23 means any final judgment, order, ruling, or decree 24 entered in any judicial proceeding adjudicating or af- 25 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 693 IH fecting water rights, surface water management, or 1 groundwater management. 2 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 3 Council’’ means the San Gabriel National Recreation 4 Area Public Advisory Council established under sec- 5 tion 107(a). 6 (3) FEDERAL LANDS.—The term ‘‘Federal 7 lands’’ means— 8 (A) public lands under the jurisdiction of 9 the Secretary of the Interior; and 10 (B) lands under the jurisdiction of the Sec- 11 retary of Defense, acting through the Chief of 12 Engineers. 13 (4) MANAGEMENT PLAN.—The term ‘‘manage- 14 ment plan’’ means the management plan for the 15 Recreation Area required under section 104(d). 16 (5) PARTNERSHIP.—The term ‘‘Partnership’’ 17 means the San Gabriel National Recreation Area 18 Partnership established by section 108(a). 19 (6) PUBLIC WATER SYSTEM.—The term ‘‘public 20 water system’’ has the meaning given the term in 42 21 U.S.C. 300(f)(4) or in section 116275 of the Cali- 22 fornia Health and Safety Code. 23 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 693 IH (7) RECREATION AREA.—The term ‘‘Recreation 1 Area’’ means the San Gabriel National Recreation 2 Area established by section 103(a). 3 (8) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Interior. 5 (9) UTILITY FACILITY.—The term ‘‘utility facil- 6 ity’’ means— 7 (A) any electric substations, communica- 8 tion facilities, towers, poles, and lines, ground 9 wires, communication circuits, and other struc- 10 tures, and related infrastructure; and 11 (B) any such facilities associated with a 12 public water system. 13 (10) WATER RESOURCE FACILITY.—The term 14 ‘‘water resource facility’’ means irrigation and 15 pumping facilities, dams and reservoirs, flood control 16 facilities, water conservation works, including debris 17 protection facilities, sediment placement sites, rain 18 gauges and stream gauges, water quality facilities, 19 recycled water facilities, water pumping, conveyance 20 and distribution systems, water storage tanks and 21 reservoirs, and water treatment facilities, aqueducts, 22 canals, ditches, pipelines, wells, hydropower projects, 23 and transmission and other ancillary facilities, 24 groundwater recharge facilities, water conservation, 25 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 693 IH water filtration plants, and other water diversion, 1 conservation, groundwater recharge, storage, and 2 carriage structures. 3 SEC. 103. SAN GABRIEL NATIONAL RECREATION AREA. 4 (a) ESTABLISHMENT; BOUNDARIES.—Subject to 5 valid existing rights, there is established as a unit of the 6 National Park System in the State the San Gabriel Na- 7 tional Recreation Area, which shall consist of approxi- 8 mately 49,387 acres of Federal land and interests in land 9 in the State depicted as the ‘‘Proposed San Gabriel Na- 10 tional Recreation Area’’ on the map entitled ‘‘San Gabriel 11 National Recreation Area Proposed Boundary’’ and dated 12 July 2019. 13 (b) MAP AND LEGAL DESCRIPTION.— 14 (1) IN GENERAL.—As soon as practicable after 15 the date of the enactment of this Act, the Secretary 16 shall file a map and a legal description of the Recre- 17 ation Area with— 18 (A) the Committee on Energy and Natural 19 Resources of the Senate; and 20 (B) the Committee on Natural Resources 21 of the House of Representatives. 22 (2) FORCE OF LAW.—The map and legal de- 23 scription filed under paragraph (1) shall have the 24 same force and effect as if included in this Act, ex- 25 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 693 IH cept that the Secretary may correct any clerical or 1 typographical error in the map or legal description. 2 (3) PUBLIC AVAILABILITY.—The map and legal 3 description filed under paragraph (1) shall be on file 4 and available for public inspection in the appropriate 5 offices of the National Park Service. 6 (c) ADMINISTRATION AND JURISDICTION.— 7 (1) PUBLIC LANDS.—The public lands included 8 in the Recreation Area shall be administered by the 9 Secretary, acting through the Director of the Na- 10 tional Park Service. 11 (2) DEPARTMENT OF DEFENSE LAND.—Al- 12 though certain Federal lands under the jurisdiction 13 of the Secretary of Defense are included in the 14 recreation area, nothing in this title transfers ad- 15 ministration jurisdiction of such Federal lands from 16 the Secretary of Defense or otherwise affects Fed- 17 eral lands under the jurisdiction of the Secretary of 18 Defense. 19 (3) STATE AND LOCAL JURISDICTION.—Noth- 20 ing in this title alters, modifies, or diminishes any 21 right, responsibility, power, authority, jurisdiction, 22 or entitlement of the State, a political subdivision of 23 the State, including, but not limited to courts of 24 competent jurisdiction, regulatory commissions, 25 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 693 IH boards, and departments, or any State or local agen- 1 cy under any applicable Federal, State, or local law 2 (including regulations). 3 SEC. 104. MANAGEMENT. 4 (a) NATIONAL PARK SYSTEM.—Subject to valid ex- 5 isting rights, the Secretary shall manage the public lands 6 included in the Recreation Area in a manner that protects 7 and enhances the natural resources and values of the pub- 8 lic lands, in accordance with— 9 (1) this title; 10 (2) section 100101(a), chapter 1003, and sec- 11 tions 100751(a), 100752, 100753, and 102101 of 12 title 54, United States Code (formerly known as the 13 ‘‘National Park Service Organic Act’’); 14 (3) the laws generally applicable to units of the 15 National Park System; and 16 (4) other applicable law, regulations, adjudica- 17 tions, and orders. 18 (b) COOPERATION WITH SECRETARY OF DE- 19 FENSE.—The Secretary shall cooperate with the Secretary 20 of Defense to develop opportunities for the management 21 of the Federal land under the jurisdiction of the Secretary 22 of Defense included in the Recreation Area in accordance 23 with the purposes described in section 101, to the max- 24 imum extent practicable. 25 VerDate Sep 11 2014 21:08 Feb 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 693 IH (c) TREATMENT OF NON-FEDERAL LAND.— 1 (1) IN GENERAL.—Nothing in this title— 2 (A) authorizes the Secretary to take any 3 action that would affect the use of any land not 4 owned by the United States within the Recre- 5 ation Area; 6 (B) affects the use of, or access to, any 7 non-Federal land within the Recreation Area; 8 (C) modifies any provision of Federal, 9 State, or local law with respect to public access 10 to, or use of, non-Federal land; 11 (D) requires any owner of non-Federal 12 land to allow public access (including Federal, 13 State, or local government access) to private 14 property or any other non-Federal land; 15 (E) alters any duly adopted land use regu- 16 lation, approved land use plan, or any other 17 regulatory authority of any State or local agen- 18 cy or unit of Tribal government; 19 (F) creates any liability, or affects any li- 20 ability under any other law, of any private 21 property owner or other owner of non-Federal 22 land with respect to any person injured on the 23 private property or other non-Federal land; 24 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 693 IH (G) conveys to the Partnership any land 1 use or other regulatory authority; 2 (H) shall be construed to cause any Fed- 3 eral, State, or local regulation or permit re- 4 quirement intended to apply to units of the Na- 5 tional Park System to affect the Federal lands 6 under the jurisdiction of the Secretary of De- 7 fense or non-Federal lands within the bound- 8 aries of the recreation area; or 9 (I) requires any local government to par- 10 ticipate in any program administered by the 11 Secretary. 12 (2) COOPERATION.—The Secretary is encour- 13 aged to work with owners of non-Federal land who 14 have agreed to cooperate with the Secretary to ad- 15 vance the purposes of this title. 16 (3) BUFFER ZONES.— 17 (A) IN GENERAL.—Nothing in this title es- 18 tablishes any protective perimeter or buffer 19 zone around the Recreation Area. 20 (B) ACTIVITIES OR USES UP TO BOUND- 21 ARIES.—The fact that an activity or use of land 22 can be seen or heard from within the Recre- 23 ation Area shall not preclude the activity or 24 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 693 IH land use up to the boundary of the Recreation 1 Area. 2 (4) FACILITIES.—Nothing in this title affects 3 the operation, maintenance, modification, construc- 4 tion, destruction, removal, relocation, improvement 5 or expansion of any water resource facility or public 6 water system, or any solid waste, sanitary sewer, 7 water or waste-water treatment, groundwater re- 8 charge or conservation, hydroelectric, conveyance 9 distribution system, recycled water facility, or utility 10 facility located within or adjacent to the Recreation 11 Area. 12 (5) EXEMPTION.—Section 100903 of title 54, 13 United States Code, shall not apply to the Puente 14 Hills landfill, materials recovery facility, or inter- 15 modal facility. 16 (d) MANAGEMENT PLAN.— 17 (1) DEADLINE.—Not later than 3 years after 18 the date of the enactment of this Act, the Secretary 19 and the Advisory Council shall establish a com- 20 prehensive management plan for the Recreation 21 Area that supports the purposes described in section 22 101. 23 (2) USE OF EXISTING PLANS.—In developing 24 the management plan, to the extent consistent with 25 VerDate Sep 11 2014 20:18 Feb 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H693.IH H693 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 693 IH this section, the Secretary may incorporate any pro- 1 vision of a land use or other plan applicable to the 2 public lands included in the Recreation Area. 3 (3) INCORPORATION OF VISITOR SERVICES 4 PLAN.—To the maximum extent practicable, the 5 Secretary shall incorporate into the mana [Text truncated for display. 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