San Gabriel Mountains Foothills and Rivers Protection Act

IB Union Calendar No. 308 116TH CONGRESS 2D SESSION H. R. 2215 [Report No. 116–385] 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 HOUSE OF REPRESENTATIVES APRIL 10, 2019 Ms. JUDY CHU of California (for herself, Mrs. NAPOLITANO, Mr. SCHIFF, Mr. CA´RDENAS, Ms. HILL of California, Ms. ROYBAL-ALLARD, Ms. SA´NCHEZ, Mr. CISNEROS, Ms. BARRAGA´N, Mr. GOMEZ, Mr. TED LIEU of California, Mr. CARBAJAL, and Mr. HUFFMAN) introduced the following bill; which was referred to the Committee on Natural Resources FEBRUARY 4, 2020 Additional sponsors: Ms. LEE of California, Mr. AGUILAR, Ms. BROWNLEY of California, Ms. PORTER, Mr. CASE, Mr. LOWENTHAL, Mr. TAKANO, Ms. LOFGREN, Mr. COX of California, Ms. ESHOO, Mr. DESAULNIER, Mr. KHANNA, Mr. ROUDA, Mr. SHERMAN, Ms. BASS, Mrs. TORRES of Cali- fornia, Mr. THOMPSON of California, Ms. WATERS, and Ms. SPEIER 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 April 10, 2019] VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 2215 RH 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. VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 2215 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the ‘‘San 4 Gabriel Mountains Foothills and Rivers 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. Definition of State. 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. 8 In this Act, the term ‘‘State’’ means the State of Cali- 9 fornia. 10 TITLE I—SAN GABRIEL 11 NATIONAL RECREATION AREA 12 SEC. 101. PURPOSES. 13 The purposes of this title are— 14 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 2215 RH (1) to conserve, protect, and enhance for the ben- 1 efit and enjoyment of present and future generations 2 the ecological, scenic, wildlife, recreational, cultural, 3 historical, natural, educational, and scientific re- 4 sources of the Recreation Area; 5 (2) to provide environmentally responsible, well- 6 managed recreational opportunities within the Recre- 7 ation Area; 8 (3) to improve access to and from the Recreation 9 Area; 10 (4) to provide expanded educational and inter- 11 pretive services to increase public understanding of, 12 and appreciation for, the natural and cultural re- 13 sources of the Recreation Area; 14 (5) to facilitate the cooperative management of 15 the land and resources within the Recreation Area, in 16 collaboration with the State and political subdivisions 17 of the State, historical, business, cultural, civic, rec- 18 reational, tourism and other nongovernmental organi- 19 zations, and the public; and 20 (6) to allow the continued use of the Recreation 21 Area by all individuals, entities, and local govern- 22 ment agencies in activities relating to integrated 23 water management, flood protection, water conserva- 24 tion, water quality, water rights, water supply, 25 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 2215 RH groundwater recharge and monitoring, wastewater 1 treatment, public roads and bridges, and utilities 2 within or adjacent to the Recreation Area. 3 SEC. 102. DEFINITIONS. 4 In this title: 5 (1) ADJUDICATION.—The term ‘‘adjudication’’ 6 means any final judgment, order, ruling, or decree 7 entered in any judicial proceeding adjudicating or af- 8 fecting water rights, surface water management, or 9 groundwater management. 10 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 11 Council’’ means the San Gabriel National Recreation 12 Area Public Advisory Council established under sec- 13 tion 107(a). 14 (3) FEDERAL LANDS.—The term ‘‘Federal lands’’ 15 means— 16 (A) public lands under the jurisdiction of 17 the Secretary of the Interior; and 18 (B) lands under the jurisdiction of the Sec- 19 retary of Defense, acting through the Chief of 20 Engineers. 21 (4) MANAGEMENT PLAN.—The term ‘‘manage- 22 ment plan’’ means the management plan for the 23 Recreation Area required under section 104(d). 24 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 2215 RH (5) PARTNERSHIP.—The term ‘‘Partnership’’ 1 means the San Gabriel National Recreation Area 2 Partnership established by section 108(a). 3 (6) PUBLIC WATER SYSTEM.—The term ‘‘public 4 water system’’ has the meaning given the term in 42 5 U.S.C. 300(f)(4) or in section 116275 of the Cali- 6 fornia Health and Safety Code. 7 (6) RECREATION AREA.—The term ‘‘Recreation 8 Area’’ means the San Gabriel National Recreation 9 Area established by section 103(a). 10 (7) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Interior. 12 (8) UTILITY FACILITY.—The term ‘‘utility facil- 13 ity’’ means— 14 (A) any electric substations, communication 15 facilities, towers, poles, and lines, ground wires, 16 communication circuits, and other structures, 17 and related infrastructure; and 18 (B) any such facilities associated with a 19 public water system. 20 (9) WATER RESOURCE FACILITY.—The term 21 ‘‘water resource facility’’ means irrigation and pump- 22 ing facilities, dams and reservoirs, flood control fa- 23 cilities, water conservation works, including debris 24 protection facilities, sediment placement sites, rain 25 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 2215 RH gauges and stream gauges, water quality facilities, re- 1 cycled water facilities, water pumping, conveyance 2 and distribution systems, water storage tanks and res- 3 ervoirs, and water treatment facilities, aqueducts, ca- 4 nals, ditches, pipelines, wells, hydropower projects, 5 and transmission and other ancillary facilities, 6 groundwater recharge facilities, water conservation, 7 water filtration plants, and other water diversion, 8 conservation, groundwater recharge, storage, and car- 9 riage structures. 10 SEC. 103. SAN GABRIEL NATIONAL RECREATION AREA. 11 (a) ESTABLISHMENT; BOUNDARIES.—Subject to valid 12 existing rights, there is established as a unit of the National 13 Park System in the State the San Gabriel National Recre- 14 ation Area, which shall consist of approximately 49,387 15 acres of Federal land and interests in land in the State 16 depicted as the ‘‘Proposed San Gabriel National Recreation 17 Area’’ on the map entitled ‘‘San Gabriel National Recre- 18 ation Area Proposed Boundary’’ and dated July 2019. 19 (b) MAP AND LEGAL DESCRIPTION.— 20 (1) IN GENERAL.—As soon as practicable after 21 the date of the enactment of this Act, the Secretary 22 shall file a map and a legal description of the Recre- 23 ation Area with— 24 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 2215 RH (A) the Committee on Energy and Natural 1 Resources of the Senate; and 2 (B) the Committee on Natural Resources of 3 the House of Representatives. 4 (2) FORCE OF LAW.—The map and legal descrip- 5 tion filed under paragraph (1) shall have the same 6 force and effect as if included in this Act, except that 7 the Secretary may correct any clerical or typo- 8 graphical error in the map or legal description. 9 (3) PUBLIC AVAILABILITY.—The map and legal 10 description filed under paragraph (1) shall be on file 11 and available for public inspection in the appropriate 12 offices of the National Park Service. 13 (c) ADMINISTRATION AND JURISDICTION.— 14 (1) PUBLIC LANDS.—The public lands included 15 in the Recreation Area shall be administered by the 16 Secretary, acting through the Director of the National 17 Park Service. 18 (2) DEPARTMENT OF DEFENSE LAND.—Although 19 certain Federal lands under the jurisdiction of the 20 Secretary of Defense are included in the recreation 21 area, nothing in this title transfers administration ju- 22 risdiction of such Federal lands from the Secretary of 23 Defense or otherwise affects Federal lands under the 24 jurisdiction of the Secretary of Defense. 25 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 2215 RH (3) STATE AND LOCAL JURISDICTION.—Nothing 1 in this title alters, modifies, or diminishes any right, 2 responsibility, power, authority, jurisdiction, or enti- 3 tlement of the State, a political subdivision of the 4 State, including, but not limited to courts of com- 5 petent jurisdiction, regulatory commissions, boards, 6 and departments, or any State or local agency under 7 any applicable Federal, State, or local law (including 8 regulations). 9 SEC. 104. MANAGEMENT. 10 (a) NATIONAL PARK SYSTEM.—Subject to valid exist- 11 ing rights, the Secretary shall manage the public lands in- 12 cluded in the Recreation Area in a manner that protects 13 and enhances the natural resources and values of the public 14 lands, in accordance with— 15 (1) this title; 16 (2) section 100101(a), chapter 1003, and sections 17 100751(a), 100752, 100753 and 102101 of title 54, 18 United States Code (formerly known as the ‘‘National 19 Park Service Organic Act’’); 20 (3) the laws generally applicable to units of the 21 National Park System; and 22 (4) other applicable law, regulations, adjudica- 23 tions, and orders. 24 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 2215 RH (b) COOPERATION WITH SECRETARY OF DEFENSE.— 1 The Secretary shall cooperate with the Secretary of Defense 2 to develop opportunities for the management of the Federal 3 land under the jurisdiction of the Secretary of Defense in- 4 cluded in the Recreation Area in accordance with the pur- 5 poses described in section 101, to the maximum extent prac- 6 ticable. 7 (c) TREATMENT OF NON-FEDERAL LAND.— 8 (1) IN GENERAL.—Nothing in this title— 9 (A) authorizes the Secretary to take any ac- 10 tion that would affect the use of any land not 11 owned by the United States within the Recre- 12 ation Area; 13 (B) affects the use of, or access to, any non- 14 Federal land within the Recreation Area; 15 (C) modifies any provision of Federal, 16 State, or local law with respect to public access 17 to, or use of, non-Federal land; 18 (D) requires any owner of non-Federal land 19 to allow public access (including Federal, State, 20 or local government access) to private property 21 or any other non-Federal land; 22 (E) alters any duly adopted land use regu- 23 lation, approved land use plan, or any other reg- 24 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 2215 RH ulatory authority of any State or local agency or 1 unit of Tribal government; 2 (F) creates any liability, or affects any li- 3 ability under any other law, of any private 4 property owner or other owner of non-Federal 5 land with respect to any person injured on the 6 private property or other non-Federal land; 7 (G) conveys to the Partnership any land use 8 or other regulatory authority; 9 (H) shall be construed to cause any Federal, 10 State, or local regulation or permit requirement 11 intended to apply to units of the National Park 12 System to affect the federal lands under the ju- 13 risdiction of the Secretary of Defense or non-Fed- 14 eral lands within the boundaries of the recre- 15 ation area; or 16 (I) requires any local government to par- 17 ticipate in any program administered by the 18 Secretary. 19 (2) COOPERATION.—The Secretary is encouraged 20 to work with owners of non-Federal land who have 21 agreed to cooperate with the Secretary to advance the 22 purposes of this title. 23 (3) BUFFER ZONES.— 24 VerDate Sep 11 2014 20:47 Feb 04, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2215.RH H2215 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 2215 RH (A) IN GENERAL.—Nothing in this title es- 1 tablishes any protective perimeter or buffer zone 2 around the Recreation Area. 3 (B) ACTIVITIES OR USES UP TO BOUND- 4 ARIES.—The fact that an activity or use of land 5 can be seen or heard from within the Recreation 6 Area shall not preclude the activity or land use 7 up to the boundary of the Recreation Area. 8 (4) FACILITIES.—Nothing in this title affects the 9 operation, maintenance, modification, construction, 10 destruction, removal, relocation, improvement or ex- 11 pansion of any water resource facility or public water 12 system, or any solid waste, sanitary sewer, water or 13 waste-water treatment, groundwater recharge or con- 14 servation, hydroelectric, conveyance distribution sys- 15 tem, recycled water facility, or utility facility located 16 within or adjacent to the Recreation Area. 17 (5) EXEMPTION.—Section 100903 of title 54, 18 United States Code, shall not apply to the Puente 19 Hills landfill, materials recovery facility, or inter- 20 modal facility. 21 (d) MANAGEMENT PLAN.— 22 (1) [Text truncated for display. Full text available on Congress.gov.]