Rim of the Valley Corridor Preservation Act

IB Union Calendar No. 309 116TH CONGRESS 2D SESSION H. R. 1708 [Report No. 116–386] 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 HOUSE OF REPRESENTATIVES MARCH 13, 2019 Mr. SCHIFF (for himself, Ms. BROWNLEY of California, Mr. CA´RDENAS, Ms. JUDY CHU of California, Mr. GOMEZ, Mr. TED LIEU of California, Mrs. NAPOLITANO, Mr. SHERMAN, Ms. BARRAGA´N, Ms. HILL of California, and Mr. LOWENTHAL) introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 4, 2020 Additional sponsors: Mr. DESAULNIER, Ms. BASS, Ms. ESHOO, Mr. ROUDA, Mr. CISNEROS, Ms. ROYBAL-ALLARD, and Ms. SA´NCHEZ FEBRUARY 4, 2020 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 13, 2019] VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1708 RH 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. VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1708 RH 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 SEC. 2. BOUNDARY ADJUSTMENT; LAND ACQUISITION; AD- 6 MINISTRATION. 7 (a) BOUNDARY ADJUSTMENT.—Section 507(c)(1) of 8 the National Parks and Recreation Act of 1978 (16 U.S.C. 9 460kk(c)(1)) is amended in the first sentence by striking 10 ‘‘, which shall’’ and inserting ‘‘and generally depicted as 11 ‘Rim of the Valley Unit Proposed Addition’ on the map 12 entitled ‘Rim of the Valley Unit—Santa Monica Mountains 13 National Recreation Area’, numbered 638/147,723, and 14 dated September 2018. Both maps shall’’. 15 (b) RIM OF THE VALLEY UNIT.—Section 507 of the 16 National Parks and Recreation Act of 1978 (16 U.S.C. 17 460kk) is amended by adding at the end the following: 18 ‘‘(u) RIM OF THE VALLEY UNIT.—(1) Not later than 19 3 years after the date of the enactment of this subsection, 20 the Secretary shall update the general management plan for 21 the recreation area to reflect the boundaries designated on 22 the map referred to in subsection (c)(1) as the ‘Rim of the 23 Valley Unit’ (hereafter in the subsection referred to as the 24 ‘Rim of the Valley Unit’). Subject to valid existing rights, 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1708 RH the Secretary shall administer the Rim of the Valley Unit 1 and any land or interest in land acquired by the United 2 States and located within the boundaries of the Rim of the 3 Valley Unit, as part of the recreation area in accordance 4 with the provisions of this section and applicable laws and 5 regulations. 6 ‘‘(2) The Secretary may acquire non-Federal land 7 within the boundaries of the Rim of the Valley Unit only 8 through exchange, donation, or purchase from a willing sell- 9 er. Nothing in this subsection authorizes the use of eminent 10 domain to acquire land or interests in land. 11 ‘‘(3) Nothing in this subsection or the application of 12 the management plan for the Rim of the Valley Unit shall 13 be construed to— 14 ‘‘(A) modify any provision of Federal, State, or 15 local law with respect to public access to or use of 16 non-Federal land; 17 ‘‘(B) create any liability, or affect any liability 18 under any other law, of any private property owner 19 or other owner of non-Federal land with respect to 20 any person injured on private property or other non- 21 Federal land; 22 ‘‘(C) affect the ownership, management, or other 23 rights relating to any non-Federal land (including 24 any interest in any non-Federal land); 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1708 RH ‘‘(D) require any local government to participate 1 in any program administered by the Secretary; 2 ‘‘(E) alter, modify, or diminish any right, re- 3 sponsibility, power, authority, jurisdiction, or entitle- 4 ment of the State, any political subdivision of the 5 State, or any State or local agency under existing 6 Federal, State, and local law (including regulations); 7 ‘‘(F) require the creation of protective perimeters 8 or buffer zones and the fact that certain activities or 9 land can be seen or heard from within the Rim of the 10 Valley Unit shall not, of itself, preclude the activities 11 or land uses up to the boundary of the Rim of the 12 Valley Unit; 13 ‘‘(G) require or promote use of, or encourage 14 trespass on, lands, facilities, and rights-of-way owned 15 by non-Federal entities, including water resource fa- 16 cilities and public utilities, without the written con- 17 sent of the owner; 18 ‘‘(H) affect the operation, maintenance, modi- 19 fication, construction, or expansion of any water re- 20 source facility or utility facility located within or ad- 21 jacent to the Rim of the Valley Unit; 22 ‘‘(I) terminate the fee title to lands or customary 23 operation, maintenance, repair, and replacement ac- 24 tivities on or under such lands granted to public 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1708 RH agencies that are authorized pursuant to Federal or 1 State statute; 2 ‘‘(J) interfere with, obstruct, hinder, or delay the 3 exercise of any right to, or access to any water re- 4 source facility or other facility or property necessary 5 or useful to access any water right to operate any 6 public water or utility system; 7 ‘‘(K) require initiation or reinitiation of con- 8 sultation with the United States Fish and Wildlife 9 Service under, or the application of provisions of, the 10 Endangered Species Act of 1973 (16 U.S.C. 1531 et 11 seq.), the National Environmental Policy Act of 1969 12 (42 U.S.C. 4321 et seq.), or division A of subtitle III 13 of title 54, United States Code, concerning any action 14 or activity affecting water, water rights or water 15 management or water resource facilities within the 16 Rim of the Valley Unit; or 17 ‘‘(L) limit the Secretary’s ability to update ap- 18 plicable fire management plan, which may consider 19 fuels management strategies including managed nat- 20 ural fire, prescribed fires, non-fire mechanical haz- 21 ardous fuel reduction activities, or post-fire remedi- 22 ation of damage to natural and cultural resources. 23 ‘‘(4) The activities of a utility facility or water re- 24 source facility shall take into consideration ways to reason- 25 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1708 RH ably avoid or reduce the impact on the resources of the Rim 1 of the Valley Unit. 2 ‘‘(5) For the purpose of paragraph (4)— 3 ‘‘(A) the term ‘utility facility’ means electric 4 substations, communication facilities, towers, poles, 5 and lines, ground wires, communications circuits, 6 and other structures, and related infrastructure; and 7 ‘‘(B) the term ‘water resource facility’ means ir- 8 rigation and pumping facilities; dams and reservoirs; 9 flood control facilities; water conservation works, in- 10 cluding debris protection facilities, sediment place- 11 ment sites, rain gages, and stream gauges; water 12 quality, recycled water, and pumping facilities; con- 13 veyance distribution systems; water treatment facili- 14 ties; aqueducts; canals; ditches; pipelines; wells; hy- 15 dropower projects; transmission facilities; and other 16 ancillary facilities, groundwater recharge facilities, 17 water conservation, water filtration plants, and other 18 water diversion, conservation, groundwater recharge, 19 storage, and carriage structures.’’. 20 VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 309 116TH CONGRESS 2D SESSION H. R. 1708 [Report No. 116–386] 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. FEBRUARY 4, 2020 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 20:37 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H1708.RH H1708 pamtmann on DSKBC07HB2PROD with BILLS