Central Coast Heritage Protection Act

II 116TH CONGRESS 1ST SESSION S. 1111 To designate certain Federal land in the State of California as wilderness, 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 designate certain Federal land in the State of California as wilderness, 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 ‘‘Central Coast Heritage Protection Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of wilderness. Sec. 4. Designation of the Machesna Mountain Potential Wilderness. Sec. 5. Administration of wilderness. Sec. 6. Designation of wild and scenic rivers. VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 2 •S 1111 IS Sec. 7. Designation of the Fox Mountain Potential Wilderness. Sec. 8. Designation of scenic areas. Sec. 9. Condor National Scenic Trail. Sec. 10. Forest service study. Sec. 11. Nonmotorized recreation opportunities. Sec. 12. Use by members of Tribes. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) SCENIC AREAS.—The term ‘‘scenic area’’ 3 means a scenic area designated by section 8(a). 4 (2) SECRETARY.—The term ‘‘Secretary’’ 5 means— 6 (A) with respect to land managed by the 7 Bureau of Land Management, the Secretary of 8 the Interior; and 9 (B) with respect to land managed by the 10 Forest Service, the Secretary of Agriculture. 11 (3) STATE.—The term ‘‘State’’ means the State 12 of California. 13 (4) WILDERNESS AREA.—The term ‘‘wilderness 14 area’’ means a wilderness area or wilderness addi- 15 tion designated by section 3(a). 16 SEC. 3. DESIGNATION OF WILDERNESS. 17 (a) IN GENERAL.—In accordance with the Wilderness 18 Act (16 U.S.C. 1131 et seq.), the following areas in the 19 State are designated as wilderness areas and as compo- 20 nents of the National Wilderness Preservation System: 21 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 3 •S 1111 IS (1) Certain land in the Bakersfield Field Office 1 of the Bureau of Land Management comprising ap- 2 proximately 35,619 acres, as generally depicted on 3 the map entitled ‘‘Caliente Mountain Wilderness 4 Area—Proposed’’ and dated March 29, 2019, which 5 shall be known as the ‘‘Caliente Mountain Wilder- 6 ness’’. 7 (2) Certain land in the Bakersfield Field Office 8 of the Bureau of Land Management comprising ap- 9 proximately 13,332 acres, as generally depicted on 10 the map entitled ‘‘Soda Lake Wilderness Area—Pro- 11 posed’’ and dated March 29, 2019, which shall be 12 known as the ‘‘Soda Lake Wilderness’’. 13 (3) Certain land in the Bakersfield Field Office 14 of the Bureau of Land Management comprising ap- 15 proximately 12,585 acres, as generally depicted on 16 the map entitled ‘‘Temblor Range Wilderness 17 Area—Proposed’’ and dated March 29, 2019, which 18 shall be known as the ‘‘Temblor Range Wilderness’’. 19 (4) Certain land in the Los Padres National 20 Forest comprising approximately 23,670 acres, as 21 generally depicted on the map entitled ‘‘Chumash 22 Wilderness Area Additions—Proposed’’ and dated 23 March 29, 2019, which shall be incorporated into 24 and managed as part of the Chumash Wilderness as 25 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 4 •S 1111 IS designated by the Los Padres Condor Range and 1 River Protection Act (Public Law 102–301; 106 2 Stat. 242). 3 (5) Certain land in the Los Padres National 4 Forest comprising approximately 54,053 acres, as 5 generally depicted on the maps entitled ‘‘Dick Smith 6 Wilderness Area Additions—Proposed Map 1 of 2 7 (Bear Canyon and Cuyama Peak Units)’’ and ‘‘Dick 8 Smith Wilderness Area Additions—Proposed Map 2 9 of 2 (Buckhorn and Mono Units)’’ and dated March 10 29, 2019, which shall be incorporated into and man- 11 aged as part of the Dick Smith Wilderness as des- 12 ignated by the California Wilderness Act of 1984 13 (Public Law 98–425; 16 U.S.C. 1132 note). 14 (6) Certain land in the Los Padres National 15 Forest and the Bakersfield Field Office of the Bu- 16 reau of Land Management comprising approximately 17 7,289 acres, as generally depicted on the map enti- 18 tled ‘‘Garcia Wilderness Area Additions—Proposed’’ 19 and dated March 29, 2019, which shall be incor- 20 porated into and managed as part of the Garcia Wil- 21 derness as designated by the Los Padres Condor 22 Range and River Protection Act (Public Law 102– 23 301; 106 Stat. 242). 24 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 5 •S 1111 IS (7) Certain land in the Los Padres National 1 Forest and the Bakersfield Field Office of the Bu- 2 reau of Land Management comprising approximately 3 8,671 acres, as generally depicted on the map enti- 4 tled ‘‘Machesna Mountain Wilderness Area Addi- 5 tions—Proposed’’ and dated March 29, 2019, which 6 shall be incorporated into and managed as part of 7 the Machesna Mountain Wilderness as designated by 8 the California Wilderness Act of 1984 (Public Law 9 98–425; 16 U.S.C. 1132 note). 10 (8) Certain land in the Los Padres National 11 Forest comprising approximately 30,184 acres, as 12 generally depicted on the map entitled ‘‘Matilija Wil- 13 derness Area Additions—Proposed’’ and dated 14 March 29, 2019, which shall be incorporated into 15 and managed as part of the Matilija Wilderness as 16 designated by the Los Padres Condor Range and 17 River Protection Act (Public Law 102–301; 106 18 Stat. 242). 19 (9) Certain land in the Los Padres National 20 Forest comprising approximately 23,969 acres, as 21 generally depicted on the map entitled ‘‘San Rafael 22 Wilderness Area Additions—Proposed’’ and dated 23 March 29, 2019, which shall be incorporated into 24 and managed as part of the San Rafael Wilderness 25 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 6 •S 1111 IS as designated by Public Law 90–271 (82 Stat. 51), 1 the California Wilderness Act of 1984 (Public Law 2 98–425; 16 U.S.C. 1132 note), and the Los Padres 3 Condor Range and River Protection Act (Public Law 4 102–301; 106 Stat. 242). 5 (10) Certain land in the Los Padres National 6 Forest comprising approximately 2,921 acres, as 7 generally depicted on the map entitled ‘‘Santa Lucia 8 Wilderness Area Additions—Proposed’’ and dated 9 March 29, 2019, which shall be incorporated into 10 and managed as part of the Santa Lucia Wilderness 11 as designated by the Endangered American Wilder- 12 ness Act of 1978 (Public Law 95–237; 16 U.S.C. 13 1132 note). 14 (11) Certain land in the Los Padres National 15 Forest comprising approximately 14,313 acres, as 16 generally depicted on the map entitled ‘‘Sespe Wil- 17 derness Area Additions—Proposed’’ and dated 18 March 29, 2019, which shall be incorporated into 19 and managed as part of the Sespe Wilderness as 20 designated by the Los Padres Condor Range and 21 River Protection Act (Public Law 102–301; 106 22 Stat. 242). 23 (12) Certain land in the Los Padres National 24 Forest comprising approximately 17,870 acres, as 25 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 7 •S 1111 IS generally depicted on the map entitled ‘‘Diablo 1 Caliente Wilderness Area—Proposed’’ and dated 2 March 29, 2019, which shall be known as the ‘‘Dia- 3 blo Caliente Wilderness’’. 4 (b) MAPS AND LEGAL DESCRIPTIONS.— 5 (1) IN GENERAL.—As soon as practicable after 6 the date of enactment of this Act, the Secretary 7 shall file maps and legal descriptions of the wilder- 8 ness areas with— 9 (A) the Committee on Energy and Natural 10 Resources of the Senate; and 11 (B) the Committee on Natural Resources 12 of the House of Representatives. 13 (2) FORCE OF LAW.—The maps and legal de- 14 scriptions filed under paragraph (1) shall have the 15 same force and effect as if included in this Act, ex- 16 cept that the Secretary may correct any clerical and 17 typographical errors in the maps and legal descrip- 18 tions. 19 (3) PUBLIC AVAILABILITY.—The maps and 20 legal descriptions filed under paragraph (1) shall be 21 on file and available for public inspection in the ap- 22 propriate offices of the Forest Service and Bureau 23 of Land Management. 24 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 8 •S 1111 IS SEC. 4. DESIGNATION OF THE MACHESNA MOUNTAIN PO- 1 TENTIAL WILDERNESS. 2 (a) DESIGNATION.—In furtherance of the purposes of 3 the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 4 in the Los Padres National Forest comprising approxi- 5 mately 2,359 acres, as generally depicted on the map enti- 6 tled ‘‘Machesna Mountain Potential Wilderness Area’’ and 7 dated March 29, 2019, is designated as the Machesna 8 Mountain Potential Wilderness Area. 9 (b) MAP AND LEGAL DESCRIPTION.— 10 (1) IN GENERAL.—As soon as practicable after 11 the date of enactment of this Act, the Secretary 12 shall file a map and legal description of the 13 Machesna Mountain Potential Wilderness Area (re- 14 ferred to in this section as the ‘‘potential wilderness 15 area’’) with— 16 (A) the Committee on Energy and Natural 17 Resources of the Senate; and 18 (B) the Committee on Natural Resources 19 of the House of Representatives. 20 (2) FORCE OF LAW.—The map and legal de- 21 scription filed under paragraph (1) shall have the 22 same force and effect as if included in this Act, ex- 23 cept that the Secretary may correct any clerical and 24 typographical errors in the map and legal descrip- 25 tion. 26 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 9 •S 1111 IS (3) PUBLIC AVAILABILITY.—The map and legal 1 description filed under paragraph (1) shall be on file 2 and available for public inspection in the appropriate 3 offices of the Forest Service. 4 (c) MANAGEMENT.—Except as provided in subsection 5 (d) and subject to valid existing rights, the Secretary shall 6 manage the potential wilderness area in accordance with 7 the Wilderness Act (16 U.S.C. 1131 et seq.). 8 (d) TRAIL USE, CONSTRUCTION, RECONSTRUCTION, 9 AND REALIGNMENT.— 10 (1) IN GENERAL.—In accordance with para- 11 graph (2), the Secretary may reconstruct, realign, or 12 reroute the Pine Mountain Trail. 13 (2) REQUIREMENT.—In carrying out the recon- 14 struction, realignment, or rerouting under paragraph 15 (1), the Secretary shall— 16 (A) comply with all existing laws (including 17 regulations); and 18 (B) to the maximum extent practicable, 19 use the minimum tool or administrative practice 20 necessary to accomplish the reconstruction, re- 21 alignment, or rerouting with the least amount 22 of adverse impact on wilderness character and 23 resources. 24 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 10 •S 1111 IS (3) MOTORIZED VEHICLES AND MACHINERY.— 1 In accordance with paragraph (2), the Secretary 2 may use motorized vehicles and machinery to carry 3 out the trail reconstruction, realignment, or rerout- 4 ing authorized by this subsection. 5 (4) MOTORIZED AND MECHANIZED VEHI- 6 CLES.—The Secretary may permit the use of motor- 7 ized and mechanized vehicles on the existing Pine 8 Mountain Trail in accordance with existing law (in- 9 cluding regulations) and this subsection until such 10 date as the potential wilderness area is designated 11 as wilderness in accordance with subsection (h). 12 (e) WITHDRAWAL.—Subject to valid existing rights, 13 the Federal land in the potential wilderness area is with- 14 drawn from all forms of— 15 (1) entry, appropriation, or disposal under the 16 public land laws; 17 (2) location, entry, and patent under the mining 18 laws; and 19 (3) disposition under all laws pertaining to min- 20 eral and geothermal leasing or mineral materials. 21 (f) COOPERATIVE AGREEMENTS.—In carrying out 22 this section, the Secretary may enter into cooperative 23 agreements with State, Tribal, and local governmental en- 24 tities and private entities to complete the trail reconstruc- 25 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 11 •S 1111 IS tion, realignment, or rerouting authorized by subsection 1 (d). 2 (g) BOUNDARIES.—The Secretary shall modify the 3 boundary of the potential wilderness area to exclude any 4 area within 150 feet of the centerline of the new location 5 of any trail that has been reconstructed, realigned, or re- 6 routed under subsection (d). 7 (h) WILDERNESS DESIGNATION.— 8 (1) IN GENERAL.—The potential wilderness 9 area, as modified under subsection (g), shall be des- 10 ignated as wilderness and as a component of the Na- 11 tional Wilderness Preservation System on the earlier 12 of— 13 (A) the date on which the Secretary pub- 14 lishes in the Federal Register notice that the 15 trail reconstruction, realignment, or rerouting 16 authorized by subsection (d) has been com- 17 pleted; and 18 (B) the date that is 20 years after the date 19 of enactment of this Act. 20 (2) ADMINISTRATION OF WILDERNESS.—On 21 designation as wilderness under this section, the po- 22 tential wilderness area shall be— 23 (A) incorporated into the Machesna Moun- 24 tain Wilderness Area, as designated by the Cali- 25 VerDate Sep 11 2014 02:44 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1111.IS S1111 kjohnson on DSK79L0C42 with BILLS 12 •S 1111 IS fornia Wilderness Act of 1984 (Public Law 98– 1 425; 16 U.S.C. 1132 note) and expanded by 2 section 3; and 3 (B) administered in accordance with sec- 4 tion 5 and the Wilderness Act (16 U.S.C. 1131 5 et seq.). 6 SEC. 5. ADMINISTRATION OF WILDERNESS. 7 (a) IN GENERAL.—Subject to valid existing rights, 8 the wilderness areas shall be administered by the Sec- 9 retary in accordance with this Act and the Wilderness Act 10 (16 U.S.C. 1131 et seq. [Text truncated for display. Full text available on Congress.gov.]