Rim of the Valley Corridor Preservation Act

II Calendar No. 380 116TH CONGRESS 1ST SESSION S. 774 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 MARCH 13, 2019 Mrs. FEINSTEIN (for herself and Ms. HARRIS) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources DECEMBER 18, 2019 Reported by Ms. MURKOWSKI, with amendments [Omit the part struck through 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Rim of the Valley Cor- 4 ridor Preservation Act’’. 5 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 774 RS SEC. 2. FINDINGS. 1 Congress finds that— 2 (1) the Santa Monica Mountains National 3 Recreation Area was authorized as a unit of the Na- 4 tional Park System on November 10, 1978; 5 (2) the Santa Monica Mountains and the Rim 6 of the Valley Corridor include— 7 (A) nationally significant resources, includ- 8 ing— 9 (i) outstanding examples of geologic 10 history, including the evolution of the 11 Transverse Ranges Province; 12 (ii) a diversity of well-preserved ma- 13 rine and terrestrial paleontological re- 14 sources; and 15 (iii) high biodiversity, including out- 16 standing examples of native grasslands, 17 coastal sage scrub, chaparral, dry conif- 18 erous forests, and alluvian fan sage scrub; 19 and 20 (B) nationally significant cultural re- 21 sources that represent a wide range of themes 22 relating to human use and settlement in the re- 23 gion, including— 24 (i) high concentrations of archeo- 25 logical resources that provide insight into 26 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 774 RS more than 10,000 years of Tribal history; 1 and 2 (ii) landmarks that represent topics 3 such as architecture, recreation, and space 4 exploration; and 5 (3) expanding the Santa Monica Mountains Na- 6 tional Recreation Area would provide new opportuni- 7 ties for the National Park Service to serve a broad 8 range of urban communities, including many com- 9 munities that are— 10 (A) underrepresented in units of the Na- 11 tional Park System; and 12 (B) underserved by State and local parks. 13 SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD- 14 MINISTRATION. 15 (a) BOUNDARY ADJUSTMENT.—Section 507(c)(1) of 16 the National Parks and Recreation Act of 1978 (16 17 U.S.C. 460kk(c)(1)) is amended, in the first sentence, by 18 striking ‘‘ ‘Santa Monica Mountains National Recreation 19 Area and Santa Monica Mountains Zone, California, 20 Boundary Map’, numbered 80,047–C and dated August 21 2001’’ and inserting ‘‘ ‘Rim of the Valley Unit—Santa 22 Monica Mountains National Recreation Area’ and dated 23 October 2017’’. 24 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 774 RS SEC. 2. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD- 1 MINISTRATION. 2 (a) BOUNDARY ADJUSTMENT.— 3 (1) MAPS.—Section 507(c)(1) of the National 4 Parks and Recreation Act of 1978 (16 U.S.C. 5 460kk(c)(1)) is amended, in the first sentence, by 6 striking ‘‘and dated August 2001, which shall’’ and 7 inserting ‘‘, and dated August 2001 (referred to in 8 this section as the ‘2001 map’) and the areas gen- 9 erally depicted as the ‘Rim of the Valley Unit Pro- 10 posed Addition’ on the map entitled ‘Rim of the Val- 11 ley Unit, Santa Monica Mountain National Recre- 12 ation Area’, numbered 638/147,723, and dated Sep- 13 tember 2018 (referred to in this section as the ‘2018 14 map’). The 2001 map and the 2018 map shall’’. 15 (2) CONFORMING AMENDMENTS.—Section 507 of 16 the National Parks and Recreation Act of 1978 (16 17 U.S.C. 460kk) is amended— 18 (A) in subsection (c)(2)(A), in the fourth 19 sentence, by striking ‘‘boundary map referred to 20 in paragraph (1)’’ and inserting ‘‘2001 map’’; 21 (B) in subsection (n)(1), by striking ‘‘map 22 referred to in subsection (c) of this section’’ and 23 inserting ‘‘2001 map’’; and 24 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 774 RS (C) in subsection (o), by striking ‘‘map re- 1 ferred to in subsection (c) of this section’’ and 2 inserting ‘‘2001 map’’. 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) 2018 14 map. 15 ‘‘(C) UTILITY FACILITY.—The term ‘utility 16 facility’ means— 17 ‘‘(i) electric substations, communica- 18 tion facilities, towers, poles, and lines; 19 ‘‘(ii) ground wires; 20 ‘‘(iii) communications circuits; 21 ‘‘(iv) other utility structures; and 22 ‘‘(v) related infrastructure. 23 ‘‘(D) WATER RESOURCE FACILITY.—The 24 term ‘water resource facility’ means— 25 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 774 RS ‘‘(i) irrigation and pumping facilities; 1 ‘‘(ii) dams and reservoirs; 2 ‘‘(iii) flood control facilities; 3 ‘‘(iv) water conservation works, in- 4 cluding debris protection facilities, sedi- 5 ment placement sites, rain gauges, and 6 stream gauges; 7 ‘‘(v) water quality, recycled water, and 8 pumping facilities; 9 ‘‘(vi) conveyance distribution systems; 10 ‘‘(vii) water treatment facilities; 11 ‘‘(viii) aqueducts; 12 ‘‘(ix) canals; 13 ‘‘(x) ditches; 14 ‘‘(xi) pipelines; 15 ‘‘(xii) wells; 16 ‘‘(xiii) hydropower projects; 17 ‘‘(xiv) transmission facilities; and 18 ‘‘(xv) other ancillary facilities, ground- 19 water recharge facilities, water conserva- 20 tion, water filtration plants, and other 21 water diversion, conservation, groundwater 22 recharge, storage, and carriage structures. 23 ‘‘(2) BOUNDARIES.—Not later than 3 years 24 after the date of enactment of this subsection, the 25 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 774 RS Secretary shall update the general management plan 1 for the recreation area developed under subsection 2 (t) to reflect the boundaries designated on the map 3 referred to in subsection (c)(1) 2018 map to include 4 the area known as the ‘Rim of the Valley Unit’. 5 ‘‘(3) ADMINISTRATION.—Subject to valid exist- 6 ing rights, the Secretary shall administer the Unit 7 and any land or interest in land acquired by the 8 United States located within the boundaries of the 9 Unit— 10 ‘‘(A) as part of the recreation area; and 11 ‘‘(B) in accordance with— 12 ‘‘(i) this section; and 13 ‘‘(ii) applicable laws (including regula- 14 tions). 15 ‘‘(4) ACQUISITION OF LAND.— 16 ‘‘(A) IN GENERAL.—The Secretary may 17 acquire non-Federal land within the boundaries 18 of the Unit only through exchange, donation, or 19 purchase from a willing seller. 20 ‘‘(B) USE OF EMINENT DOMAIN.—Nothing 21 in this subsection authorizes the use of eminent 22 domain to acquire land or interests in land 23 within the boundaries of the Unit. 24 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 774 RS ‘‘(5) OUTSIDE ACTIVITIES.—The fact that cer- 1 tain activities or land uses can be seen or heard 2 from within the Unit shall not preclude the activities 3 or land uses outside the boundary of the Unit. 4 ‘‘(6) EFFECT OF SUBSECTION.—Nothing in this 5 subsection or the application of the applicable man- 6 agement plan to the Unit— 7 ‘‘(A) modifies any provision of Federal, 8 State, or local law with respect to public access 9 to, or use of, non-Federal land; 10 ‘‘(B) creates any liability, or affects any li- 11 ability under any other law, of any private 12 property owner or other owner of non-Federal 13 land with respect to any person injured on pri- 14 vate property or other non-Federal land; 15 ‘‘(C) affects the ownership, management, 16 or other rights relating to any non-Federal land 17 (including any interest in any non-Federal 18 land); 19 ‘‘(D) requires any unit of local government 20 to participate in any program administered by 21 the Secretary; 22 ‘‘(E) alters, modifies, or diminishes any 23 right, responsibility, power, authority, jurisdic- 24 tion, or entitlement of the State, any political 25 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 774 RS subdivision of the State, or any State or local 1 agency under existing Federal, State, or local 2 law (including regulations); 3 ‘‘(F) requires the creation of protective pe- 4 rimeters or buffer zones around the Unit; 5 ‘‘(G) requires or promotes the use of, or 6 encourages trespass on, land, facilities, or 7 rights-of-way owned by non-Federal entities, in- 8 cluding water resource facilities and public utili- 9 ties, without the written consent of the owner 10 of the land; 11 ‘‘(H) affects the operation, maintenance, 12 modification, construction, or expansion of any 13 water resource facility or utility facility located 14 within or adjacent to the Unit; 15 ‘‘(I) terminates the fee title to land, or the 16 customary operation, maintenance, repair, and 17 replacement activities on or under the land, 18 granted to public agencies that are authorized 19 under Federal or State law; 20 ‘‘(J) interferes with, obstructs, hinders, or 21 delays the exercise of any right to, or access to 22 any water resource facility or other facility or 23 property necessary or useful to access any 24 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 774 RS water right to operate any public water or util- 1 ity system; or 2 ‘‘(K) requires initiation or reinitiation of 3 consultation with the Director of the United 4 States Fish and Wildlife Service under, or the 5 application of provisions of, the Endangered 6 Species Act of 1973 (16 U.S.C. 1531 et seq.), 7 the National Environmental Policy Act of 1969 8 (42 U.S.C. 4321 et seq.), or division A of sub- 9 title III of title 54, United States Code, relating 10 to any action or activity affecting water, water 11 rights, water management, or water resource 12 facilities within the Unit. 13 ‘‘(7) UTILITY FACILITIES; WATER RESOURCE 14 FACILITIES.—A utility facility or water resource fa- 15 cility shall conduct activities in a manner that rea- 16 sonably avoids or reduces the impact of the activities 17 on the resources of the Unit.’’. 18 VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 380 116TH CONGRESS 1ST SESSION S. 774 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. DECEMBER 18, 2019 Reported with amendments VerDate Sep 11 2014 03:06 Dec 19, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S774.RS S774 pamtmann on DSKBC07HB2PROD with BILLS