Rim of the Valley Corridor Preservation Act

II Calendar No. 532 117TH CONGRESS 2D SESSION S. 1769 [Report No. 117–181] To adjust the boundary of the Santa Monica Mountains National Recreation Area to include the Rim of the Valley Corridor, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 20, 2021 Mrs. FEINSTEIN (for herself and Mr. PADILLA) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources OCTOBER 18, 2022 Reported under authority of the order of the Senate of October 14, 2022, by Mr. MANCHIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To adjust the boundary of the Santa Monica Mountains National Recreation Area to include the Rim of the Valley Corridor, 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 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1769 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Rim of the Valley Cor- 2 ridor Preservation Act’’. 3 SEC. 2. FINDINGS. 4 Congress finds that— 5 (1) the Santa Monica Mountains National 6 Recreation Area was authorized as a unit of the Na- 7 tional Park System on November 10, 1978; 8 (2) the Santa Monica Mountains and the Rim 9 of the Valley Corridor include— 10 (A) nationally significant resources, includ- 11 ing— 12 (i) outstanding examples of geologic 13 history, including the evolution of the 14 Transverse Ranges Province; 15 (ii) a diversity of well-preserved ma- 16 rine and terrestrial paleontological re- 17 sources; and 18 (iii) high biodiversity, including out- 19 standing examples of native grasslands, 20 coastal sage scrub, chaparral, dry conif- 21 erous forests, and alluvian fan sage scrub; 22 and 23 (B) nationally significant cultural re- 24 sources that represent a wide range of themes 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1769 RS relating to human use and settlement in the re- 1 gion, including— 2 (i) high concentrations of archeo- 3 logical resources that provide insight into 4 more than 10,000 years of Tribal history; 5 and 6 (ii) landmarks that represent topics 7 such as architecture, recreation, and space 8 exploration; and 9 (3) expanding the Santa Monica Mountains Na- 10 tional Recreation Area would provide new opportuni- 11 ties for the National Park Service to serve a broad 12 range of urban communities, including many com- 13 munities that are— 14 (A) underrepresented in units of the Na- 15 tional Park System; and 16 (B) underserved by State and local parks. 17 SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD- 18 MINISTRATION. 19 (a) BOUNDARY ADJUSTMENT.—Section 507(c)(1) of 20 the National Parks and Recreation Act of 1978 (16 21 U.S.C. 460kk(c)(1)) is amended, in the first sentence, by 22 striking ‘‘ ‘Santa Monica Mountains National Recreation 23 Area and Santa Monica Mountains Zone, California, 24 Boundary Map’, numbered 80,047–C and dated August 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1769 RS 2001’’ and inserting ‘‘ ‘Rim of the Valley Unit—Santa 1 Monica Mountains National Recreation Area’ and dated 2 October 2017’’. 3 (b) RIM OF THE VALLEY UNIT.—Section 507 of the 4 National Parks and Recreation Act of 1978 (16 U.S.C. 5 460kk) is amended by adding at the end the following: 6 ‘‘(u) RIM OF THE VALLEY UNIT.— 7 ‘‘(1) DEFINITIONS.—In this subsection: 8 ‘‘(A) STATE.—The term ‘State’ means the 9 State of California. 10 ‘‘(B) UNIT.—The term ‘Unit’ means the 11 Rim of the Valley Unit included within the 12 boundaries of the recreation area, as depicted 13 on the map described in subsection (c)(1). 14 ‘‘(C) UTILITY FACILITY.—The term ‘utility 15 facility’ means— 16 ‘‘(i) electric substations, communica- 17 tion facilities, towers, poles, and lines; 18 ‘‘(ii) ground wires; 19 ‘‘(iii) communications circuits; 20 ‘‘(iv) other utility structures; and 21 ‘‘(v) related infrastructure. 22 ‘‘(D) WATER RESOURCE FACILITY.—The 23 term ‘water resource facility’ means— 24 ‘‘(i) irrigation and pumping facilities; 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1769 RS ‘‘(ii) dams and reservoirs; 1 ‘‘(iii) flood control facilities; 2 ‘‘(iv) water conservation works, in- 3 cluding debris protection facilities, sedi- 4 ment placement sites, rain gauges, and 5 stream gauges; 6 ‘‘(v) water quality, recycled water, and 7 pumping facilities; 8 ‘‘(vi) conveyance distribution systems; 9 ‘‘(vii) water treatment facilities; 10 ‘‘(viii) aqueducts; 11 ‘‘(ix) canals; 12 ‘‘(x) ditches; 13 ‘‘(xi) pipelines; 14 ‘‘(xii) wells; 15 ‘‘(xiii) hydropower projects; 16 ‘‘(xiv) transmission facilities; and 17 ‘‘(xv) other ancillary facilities, ground- 18 water recharge facilities, water conserva- 19 tion, water filtration plants, and other 20 water diversion, conservation, groundwater 21 recharge, storage, and carriage structures. 22 ‘‘(2) BOUNDARIES.—Not later than 3 years 23 after the date of enactment of this subsection, the 24 Secretary shall update the general management plan 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1769 RS for the recreation area developed under subsection 1 (t) to reflect the boundaries designated on the map 2 referred to in subsection (c)(1) to include the area 3 known as the ‘Rim of the Valley Unit’. 4 ‘‘(3) ADMINISTRATION.—Subject to valid exist- 5 ing rights, the Secretary shall administer the Unit 6 and any land or interest in land acquired by the 7 United States located within the boundaries of the 8 Unit— 9 ‘‘(A) as part of the recreation area; and 10 ‘‘(B) in accordance with— 11 ‘‘(i) this section; and 12 ‘‘(ii) applicable laws (including regula- 13 tions). 14 ‘‘(4) ACQUISITION OF LAND.— 15 ‘‘(A) IN GENERAL.—The Secretary may 16 acquire non-Federal land within the boundaries 17 of the Unit only through exchange, donation, or 18 purchase from a willing seller. 19 ‘‘(B) USE OF EMINENT DOMAIN.—Nothing 20 in this subsection authorizes the use of eminent 21 domain to acquire land or interests in land 22 within the boundaries of the Unit. 23 ‘‘(5) OUTSIDE ACTIVITIES.—The fact that cer- 24 tain activities or land uses can be seen or heard 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1769 RS from within the Unit shall not preclude the activities 1 or land uses outside the boundary of the Unit. 2 ‘‘(6) EFFECT OF SUBSECTION.—Nothing in this 3 subsection or the application of the applicable man- 4 agement plan to the Unit— 5 ‘‘(A) modifies any provision of Federal, 6 State, or local law with respect to public access 7 to, or use of, non-Federal land; 8 ‘‘(B) creates any liability, or affects any li- 9 ability under any other law, of any private 10 property owner or other owner of non-Federal 11 land with respect to any person injured on pri- 12 vate property or other non- Federal land; 13 ‘‘(C) affects the ownership, management, 14 or other rights relating to any non-Federal land 15 (including any interest in any non-Federal 16 land); 17 ‘‘(D) requires any unit of local government 18 to participate in any program administered by 19 the Secretary; 20 ‘‘(E) alters, modifies, or diminishes any 21 right, responsibility, power, authority, jurisdic- 22 tion, or entitlement of the State, any political 23 subdivision of the State, or any State or local 24 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 1769 RS agency under existing Federal, State, or local 1 law (including regulations); 2 ‘‘(F) requires the creation of protective pe- 3 rimeters or buffer zones around the Unit; 4 ‘‘(G) requires or promotes the use of, or 5 encourages trespass on, land, facilities, or 6 rights-of-way owned by non-Federal entities, in- 7 cluding water resource facilities and public utili- 8 ties, without the written consent of the owner 9 of the land; 10 ‘‘(H) affects the operation, maintenance, 11 modification, construction, or expansion of any 12 water resource facility or utility facility located 13 within or adjacent to the Unit; 14 ‘‘(I) terminates the fee title to land, or the 15 customary operation, maintenance, repair, and 16 replacement activities on or under the land, 17 granted to public agencies that are authorized 18 under Federal or State law; 19 ‘‘(J) interferes with, obstructs, hinders, or 20 delays the exercise of any right to, or access to 21 any water resource facility or other facility or 22 property necessary or useful to access any 23 water right to operate any public water or util- 24 ity system; or 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 1769 RS ‘‘(K) requires initiation or reinitiation of 1 consultation with the Director of the United 2 States Fish and Wildlife Service under, or the 3 application of provisions of, the Endangered 4 Species Act of 1973 (16 U.S.C. 1531 et seq.), 5 the National Environmental Policy Act of 1969 6 (42 U.S.C. 4321 et seq.), or division A of sub- 7 title III of title 54, United States Code, relating 8 to any action or activity affecting water, water 9 rights, water management, or water resource 10 facilities within the Unit. 11 ‘‘(7) UTILITY FACILITIES; WATER RESOURCE 12 FACILITIES.—A utility facility or water resource fa- 13 cility shall conduct activities in a manner that rea- 14 sonably avoids or reduces the impact of the activities 15 on the resources of the Unit.’’. 16 SECTION 1. SHORT TITLE. 17 This Act may be cited as the ‘‘Rim of the Valley Cor- 18 ridor Preservation Act’’. 19 SEC. 2. BOUNDARY ADJUSTMENT. 20 (a) BOUNDARY ADJUSTMENT.—Section 507(c) of the 21 National Parks and Recreation Act of 1978 (16 U.S.C. 22 460kk(c)) is amended by striking paragraph (1) and insert- 23 ing the following: 24 ‘‘(1) BOUNDARY.— 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 1769 RS ‘‘(A) IN GENERAL.—The recreation area 1 shall consist of— 2 ‘‘(i) the land, water, and interests in 3 land and water generally depicted as the 4 recreation area on the map entitled ‘Santa 5 Monica Mountains National Recreation 6 Area and Santa Monica Mountains Zone, 7 California, Boundary Map’, numbered 8 80,047–C, and dated August 2001; and 9 ‘‘(ii) the land, water, and interests in 10 land and water, as generally depicted as 11 ‘Proposed Addition’ on the map entitled 12 ‘Rim of the Valley Unit—Santa Monica 13 Mountains National Recreation Area’, num- 14 bered 638/179670C, and dated July 12, 15 2022. 16 ‘‘(B) AVAILABILITY OF MAPS.—The maps 17 described in subparagraph (A) shall be on file 18 and available for public inspection in the appro- 19 priate offices of the National Park Service. 20 ‘‘(C) REVISIONS.—After advising the Com- 21 mittee on Energy and Natural Resources of the 22 Senate and the Committee on Natural Resources 23 of the House of Representatives, in writing, of 24 the proposed revision, the Secretary may make 25 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 1769 RS minor revisions to the boundaries of the recre- 1 ation area by publication of a revised drawing 2 or other boundary description in the Federal 3 Register.’’. 4 SEC. 3. ADMINISTRATION. 5 Any land or interest in land acquired by the Secretary 6 of the Interior within the Rim of the Valley Unit shall be 7 administered as part of the Santa Monica Mountains Na- 8 tional Recreation Area (referred to in this Act as the ‘‘Na- 9 tional Recreation Area’’) in accordance with the laws (in- 10 cluding regulations) applicable to the National Recreation 11 Area. 12 SEC. 4. UTILITIES AND WATER RESOURCE FACILITIES. 13 The addition of the Rim of the Valley Unit to the Na- 14 tional Recreation Area shall not affect the operation, main- 15 tenance, or modification of water resource facilities or pub- 16 lic utilities within the Rim of the Valley Unit, except that 17 any utility or water resource facility activities in the Rim 18 of the Valley Unit shall be conducted in a manner that rea- 19 sonably avoids or reduces the impact of the activities on 20 resources of the Rim of the Valley Unit. 21 VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 532 117TH CONGRESS 2D SESSION S. 1769 [Report No. 117–181] A BILL To adjust the boundary of the Santa Monica Moun- tains National Recreation Area to include the Rim of the Valley Corridor, and for other pur- poses. OCTOBER 18, 2022 Reported under authority of the order of the Senate of October 14, 2022, with an amendment VerDate Sep 11 2014 21:08 Oct 18, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S1769.RS S1769 pamtmann on DSKBC07HB2PROD with BILLS