San Gabriel Mountains Foothills and Rivers Protection Act

II 116TH CONGRESS 1ST SESSION S. 1109 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 SENATE OF THE UNITED STATES APRIL 10, 2019 Ms. HARRIS (for herself and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural 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 Sec. 1. Short title; table of contents. Sec. 2. Definition of State. VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 2 •S 1109 IS 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 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 3 •S 1109 IS (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 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 4 •S 1109 IS 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) RECREATION AREA.—The term ‘‘Recreation 20 Area’’ means the San Gabriel National Recreation 21 Area established by section 103(a). 22 (7) SECRETARY.—The term ‘‘Secretary’’ means 23 the Secretary of the Interior. 24 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 5 •S 1109 IS (8) UTILITY FACILITY.—The term ‘‘utility facil- 1 ity’’ means electric substations, communication fa- 2 cilities, towers, poles, and lines, ground wires, com- 3 munication circuits, and other structures, and re- 4 lated infrastructure. 5 (9) WATER RESOURCE FACILITY.—The term 6 ‘‘water resource facility’’ means irrigation and 7 pumping facilities, dams and reservoirs, flood control 8 facilities, water conservation works, including debris 9 protection facilities, sediment placement sites, rain 10 gauges and stream gauges, water quality facilities, 11 recycled water facilities and water pumping, convey- 12 ance distribution systems, and water treatment fa- 13 cilities, aqueducts, canals, ditches, pipelines, wells, 14 hydropower projects, and transmission and other an- 15 cillary facilities, groundwater recharge facilities, 16 water conservation, water filtration plants, and other 17 water diversion, conservation, groundwater recharge, 18 storage, and carriage structures. 19 SEC. 103. SAN GABRIEL NATIONAL RECREATION AREA. 20 (a) ESTABLISHMENT; BOUNDARIES.—Subject to 21 valid existing rights, there is established as a unit of the 22 National Park System in the State the San Gabriel Na- 23 tional Recreation Area, which shall consist of approxi- 24 mately 51,107 acres of Federal land and interests in land 25 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 6 •S 1109 IS in the State depicted as the ‘‘Proposed San Gabriel Moun- 1 tains National Recreation Area’’ on the map entitled ‘‘San 2 Gabriel Mountains National Recreation Area and National 3 Monument Expansion Proposal’’ and dated October 5, 4 2015. 5 (b) MAP AND LEGAL DESCRIPTION.— 6 (1) IN GENERAL.—As soon as practicable after 7 the date of enactment of this Act, the Secretary 8 shall file a map and a legal description of the Recre- 9 ation Area with— 10 (A) the Committee on Energy and Natural 11 Resources of the Senate; and 12 (B) the Committee on Natural Resources 13 of the House of Representatives. 14 (2) FORCE OF LAW.—The map and legal de- 15 scription filed under paragraph (1) shall have the 16 same force and effect as if included in this Act, ex- 17 cept that the Secretary may correct any clerical or 18 typographical error in the map or legal description. 19 (3) PUBLIC AVAILABILITY.—The map and legal 20 description filed under paragraph (1) shall be on file 21 and available for public inspection in the appropriate 22 offices of the National Park Service. 23 (c) ADMINISTRATION AND JURISDICTION.— 24 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 7 •S 1109 IS (1) PUBLIC LANDS.—The public lands included 1 in the Recreation Area shall be administered by the 2 Secretary, acting through the Director of the Na- 3 tional Park Service. 4 (2) DEPARTMENT OF DEFENSE LAND.—Al- 5 though certain Federal lands under the jurisdiction 6 of the Secretary of Defense are included in the 7 recreation area, nothing in this title transfers ad- 8 ministration jurisdiction of such Federal lands from 9 the Secretary of Defense or otherwise affects Fed- 10 eral lands under the jurisdiction of the Secretary of 11 Defense. 12 (3) STATE AND LOCAL JURISDICTION.—Noth- 13 ing in this title alters, modifies, or diminishes any 14 right, responsibility, power, authority, jurisdiction, 15 or entitlement of the State, a political subdivision of 16 the State, or any State or local agency under any 17 applicable Federal, State, or local law (including reg- 18 ulations). 19 SEC. 104. MANAGEMENT. 20 (a) NATIONAL PARK SYSTEM.—Subject to valid ex- 21 isting rights, the Secretary shall manage the public lands 22 included in the Recreation Area in a manner that protects 23 and enhances the natural resources and values of the pub- 24 lic lands, in accordance with— 25 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 8 •S 1109 IS (1) this title; 1 (2) the National Park Service Organic Act (16 2 U.S.C. 1 et seq.); 3 (3) the laws generally applicable to units of the 4 National Park System; and 5 (4) other applicable law (including regulations). 6 (b) COOPERATION WITH SECRETARY OF DE- 7 FENSE.—The Secretary shall cooperate with the Secretary 8 of Defense to develop opportunities for the management 9 of the Federal land under the jurisdiction of the Secretary 10 of Defense included in the Recreation Area in accordance 11 with the purposes described in section 101, to the max- 12 imum extent practicable. 13 (c) TREATMENT OF NON-FEDERAL LAND.— 14 (1) IN GENERAL.—Nothing in this title— 15 (A) authorizes the Secretary to take any 16 action that would affect the use of any land not 17 owned by the United States within the Recre- 18 ation Area; 19 (B) affects the use of, or access to, any 20 non-Federal land within the Recreation Area; 21 (C) modifies any provision of Federal, 22 State, or local law with respect to public access 23 to, or use of, non-Federal land; 24 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 9 •S 1109 IS (D) requires any owner of non-Federal 1 land to allow public access (including Federal, 2 State, or local government access) to private 3 property or any other non-Federal land; 4 (E) alters any duly adopted land use regu- 5 lation, approved land use plan, or any other 6 regulatory authority of any State or local agen- 7 cy or unit of Tribal government; 8 (F) 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 the 12 private property or other non-Federal land; 13 (G) conveys to the Partnership any land 14 use or other regulatory authority; 15 (H) shall be construed to cause any Fed- 16 eral, State, or local regulation or permit re- 17 quirement intended to apply to units of the Na- 18 tional Park System to affect the Federal lands 19 under the jurisdiction of the Secretary of De- 20 fense or non-Federal lands within the bound- 21 aries of the recreation area; or 22 (I) requires any local government to par- 23 ticipate in any program administered by the 24 Secretary. 25 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 10 •S 1109 IS (2) COOPERATION.—The Secretary is encour- 1 aged to work with owners of non-Federal land who 2 have agreed to cooperate with the Secretary to ad- 3 vance the purposes of this title. 4 (3) BUFFER ZONES.— 5 (A) IN GENERAL.—Nothing in this title es- 6 tablishes any protective perimeter or buffer 7 zone around the Recreation Area. 8 (B) ACTIVITIES OR USES UP TO BOUND- 9 ARIES.—The fact that an activity or use of land 10 can be seen or heard from within the Recre- 11 ation Area shall not preclude the activity or 12 land use up to the boundary of the Recreation 13 Area. 14 (4) FACILITIES.—Nothing in this title affects 15 the operation, maintenance, modification, construc- 16 tion, or expansion of any water resource facility or 17 any solid waste, sanitary sewer, water or waste- 18 water treatment, groundwater recharge or conserva- 19 tion, hydroelectric, conveyance distribution system, 20 recycled water facility, or utility facility located with- 21 in or adjacent to the recreation area. 22 (5) EXEMPTION.—Section 100903 of title 54, 23 United States Code, shall not apply to the Puente 24 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 11 •S 1109 IS Hills landfill, materials recovery facility, or inter- 1 modal facility. 2 (d) MANAGEMENT PLAN.— 3 (1) DEADLINE.—Not later than 3 years after 4 the date of enactment of this Act, the Secretary and 5 the Advisory Council shall establish a comprehensive 6 management plan for the Recreation Area that sup- 7 ports the purposes described in section 101. 8 (2) USE OF EXISTING PLANS.—In developing 9 the management plan, to the extent consistent with 10 this section, the Secretary may incorporate any pro- 11 vision of a land use or other plan applicable to the 12 public lands included in the Recreation Area. 13 (3) INCORPORATION OF VISITOR SERVICES 14 PLAN.—To the maximum extent practicable, the 15 Secretary shall incorporate into the management 16 plan the visitor services plan under section 17 109(a)(2). 18 (4) PARTNERSHIP.—In developing the manage- 19 ment plan, the Secretary shall consider recommenda- 20 tions of the partnership. To the maximum extent 21 practicable, the Secretary shall incorporate rec- 22 ommendations of the partnership into the manage- 23 ment plan if the Secretary determines that the rec- 24 ommendations are feasible and consistent with the 25 VerDate Sep 11 2014 23:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1109.IS S1109 pbinns on DSK79D2C42PROD with BILLS 12 •S 1109 IS purposes in section 101, this title, and applicable 1 laws (including regulations). 2 (e) FISH AND WILDLIFE.—Nothing in this title af- 3 fects the jurisdiction of the State with respect to fish or 4 wildlife located on public lands in the State. 5 SEC. 105. ACQUISITION OF NON-FEDERAL LAND WITHIN 6 RECREATION AREA. 7 (a) LIMITED ACQUISITION AUTHORITY.— 8 (1) IN GENERAL.—Subject to paragraph (2), 9 [Text truncated for display. Full text available on Congress.gov.]