PUBLIC Lands Act

II 116TH CONGRESS 2D SESSION S. 3288 To provide for the protection of and investment in certain Federal land in the State of California, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2020 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 provide for the protection of and investment in certain Federal land 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 ‘‘Protecting Unique and Beautiful Landscapes by Invest- 5 ing in California Lands Act’’ or the ‘‘PUBLIC Lands 6 Act’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 this Act is as follows: 9 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3288 IS Sec. 1. Short title; table of contents. TITLE I—NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING FORESTS Sec. 101. Short title; table of contents. Sec. 102. Definitions. Subtitle A—Restoration and Economic Development Sec. 111. South Fork Trinity-Mad River Restoration Area. Sec. 112. Redwood National and State Parks restoration. Sec. 113. California Public Lands Remediation Partnership. Sec. 114. Trinity Lake visitor center. Sec. 115. Del Norte County visitor center. Sec. 116. Management plans. Sec. 117. Study; partnerships related to overnight accommodations. Subtitle B—Recreation Sec. 121. Horse Mountain Special Management Area. Sec. 122. Bigfoot National Recreation Trail. Sec. 123. Elk Camp Ridge Recreation Trail. Sec. 124. Trinity Lake Trail. Sec. 125. Trails study. Sec. 126. Construction of mountain bicycling routes. Sec. 127. Partnerships. Subtitle C—Conservation Sec. 131. Designation of wilderness. Sec. 132. Administration of wilderness. Sec. 133. Designation of potential wilderness. Sec. 134. Designation of wild and scenic rivers. Sec. 135. Sanhedrin Special Conservation Management Area. Subtitle D—Miscellaneous Sec. 141. Maps and legal descriptions. Sec. 142. Updates to land and resource management plans. Sec. 143. Pacific Gas and Electric Company Utility facilities and rights-of-way. TITLE II—CENTRAL COAST HERITAGE PROTECTION Sec. 201. Short title; table of contents. Sec. 202. Definitions. Sec. 203. Designation of wilderness. Sec. 204. Designation of the Machesna Mountain Potential Wilderness. Sec. 205. Administration of wilderness. Sec. 206. Designation of wild and scenic rivers. Sec. 207. Designation of the Fox Mountain Potential Wilderness. Sec. 208. Designation of scenic areas. Sec. 209. Condor National Scenic Trail. Sec. 210. Forest service study. Sec. 211. Nonmotorized recreation opportunities. Sec. 212. Use by members of Tribes. VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3288 IS TITLE III—SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION Sec. 301. Short title; table of contents. Sec. 302. Definition of State. Subtitle A—San Gabriel National Recreation Area Sec. 311. Purposes. Sec. 312. Definitions. Sec. 313. San Gabriel National Recreation Area. Sec. 314. Management. Sec. 315. Acquisition of non-Federal land within Recreation Area. Sec. 316. Water rights; water resource facilities; public roads; utility facilities. Sec. 317. San Gabriel National Recreation Area Public Advisory Council. Sec. 318. San Gabriel National Recreation Area Partnership. Sec. 319. Visitor services and facilities. Subtitle B—San Gabriel Mountains Sec. 321. Definitions. Sec. 322. National monument boundary modification. Sec. 323. Designation of wilderness areas and additions. Sec. 324. Administration of wilderness areas and additions. Sec. 325. Designation of wild and scenic rivers. Sec. 326. Water rights. TITLE I—NORTHWEST CALI- 1 FORNIA WILDERNESS, RECRE- 2 ATION, AND WORKING FOR- 3 ESTS 4 SEC. 101. SHORT TITLE; TABLE OF CONTENTS. 5 This title may be cited as the ‘‘Northwest California 6 Wilderness, Recreation, and Working Forests Act’’. 7 SEC. 102. DEFINITIONS. 8 In this title: 9 (1) SECRETARY.—The term ‘‘Secretary’’ 10 means— 11 (A) with respect to land under the jurisdic- 12 tion of the Secretary of Agriculture, the Sec- 13 retary of Agriculture; and 14 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3288 IS (B) with respect to land under the jurisdic- 1 tion of the Secretary of the Interior, the Sec- 2 retary of the Interior. 3 (2) STATE.—The term ‘‘State’’ means the State 4 of California. 5 Subtitle A—Restoration and 6 Economic Development 7 SEC. 111. SOUTH FORK TRINITY-MAD RIVER RESTORATION 8 AREA. 9 (a) DEFINITIONS.—In this section: 10 (1) COLLABORATIVELY DEVELOPED.—The term 11 ‘‘collaboratively developed’’ means projects that are 12 developed and implemented through a collaborative 13 process that— 14 (A) includes— 15 (i) appropriate Federal, State, and 16 local agencies; and 17 (ii) multiple interested persons rep- 18 resenting diverse interests; and 19 (B) is transparent and nonexclusive. 20 (2) PLANTATION.—The term ‘‘plantation’’ 21 means a forested area that has been artificially es- 22 tablished by planting or seeding. 23 (3) RESTORATION.—The term ‘‘restoration’’ 24 means the process of assisting the recovery of an 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3288 IS ecosystem that has been degraded, damaged, or de- 1 stroyed by establishing the composition, structure, 2 pattern, and ecological processes necessary to facili- 3 tate terrestrial and aquatic ecosystem sustainability, 4 resilience, and health under current and future con- 5 ditions. 6 (4) RESTORATION AREA.—The term ‘‘restora- 7 tion area’’ means the South Fork Trinity-Mad River 8 Restoration Area, established by subsection (b). 9 (5) SHADED FUEL BREAK.—The term ‘‘shaded 10 fuel break’’ means a vegetation treatment that effec- 11 tively addresses all project-generated slash and that 12 retains: adequate canopy cover to suppress plant re- 13 growth in the forest understory following treatment; 14 the longest lived trees that provide the most shade 15 over the longest period of time; the healthiest and 16 most vigorous trees with the greatest potential for 17 crown-growth in plantations and in natural stands 18 adjacent to plantations; and all mature hardwoods, 19 when practicable. 20 (6) STEWARDSHIP CONTRACT.—The term 21 ‘‘stewardship contract’’ means an agreement or con- 22 tract entered into under section 604 of the Healthy 23 Forests Restoration Act of 2003 (16 U.S.C. 6591c). 24 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3288 IS (7) WILDLAND-URBAN INTERFACE.—The term 1 ‘‘wildland-urban interface’’ has the meaning given 2 the term by section 101 of the Healthy Forests Res- 3 toration Act of 2003 (16 U.S.C. 6511). 4 (b) ESTABLISHMENT.—Subject to valid existing 5 rights, there is established the South Fork Trinity-Mad 6 River Restoration Area, comprising approximately 7 729,089 acres of Federal land administered by the Forest 8 Service and approximately 1,280 acres of Federal land ad- 9 ministered by the Bureau of Land Management, as gen- 10 erally depicted on the map entitled ‘‘South Fork Trinity- 11 Mad River Restoration Area—Proposed’’ and dated July 12 3, 2018, to be known as the South Fork Trinity-Mad 13 River Restoration Area. 14 (c) PURPOSES.—The purposes of the restoration area 15 are to— 16 (1) establish, restore, and maintain fire-resilient 17 forest structures containing late successional forest 18 structure characterized by large trees and multisto- 19 ried canopies, as ecologically appropriate; 20 (2) protect late successional reserves; 21 (3) enhance the restoration of Federal lands 22 within the restoration area; 23 (4) reduce the threat posed by wildfires to com- 24 munities within the restoration area; 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3288 IS (5) protect and restore aquatic habitat and 1 anadromous fisheries; 2 (6) protect the quality of water within the res- 3 toration area; and 4 (7) allow visitors to enjoy the scenic, rec- 5 reational, natural, cultural, and wildlife values of the 6 restoration area. 7 (d) MANAGEMENT.— 8 (1) IN GENERAL.—The Secretary shall manage 9 the restoration area— 10 (A) in a manner consistent with the pur- 11 poses described in subsection (c); 12 (B) in a manner that— 13 (i) in the case of the Forest Service, 14 prioritizes restoration of the restoration 15 area over other nonemergency vegetation 16 management projects on the portions of 17 the Six Rivers and Shasta-Trinity National 18 Forests in Humboldt and Trinity Counties; 19 and 20 (ii) in the case of the United States 21 Fish and Wildlife Service, establishes with 22 the Forest Service an agreement for co- 23 operation to ensure timely completion of 24 consultation required by section 7 of the 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3288 IS Endangered Species Act (15 U.S.C. 1536) 1 on restoration projects within the restora- 2 tion area and agreement to maintain and 3 exchange information on planning sched- 4 ules and priorities on a regular basis; 5 (C) in accordance with— 6 (i) the laws (including regulations) 7 and rules applicable to the National Forest 8 System for land managed by the Forest 9 Service; 10 (ii) the Federal Land Policy and Man- 11 agement Act of 1976 (43 U.S.C. 1701 et 12 seq.) for land managed by the Bureau of 13 Land Management; 14 (iii) this title; and 15 (iv) any other applicable law (includ- 16 ing regulations); and 17 (D) in a manner consistent with congres- 18 sional intent that consultation for restoration 19 projects within the restoration area is com- 20 pleted in a timely and efficient manner. 21 (2) CONFLICT OF LAWS.— 22 (A) IN GENERAL.—The establishment of 23 the restoration area shall not change the man- 24 agement status of any land or water that is 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3288 IS designated wilderness or as a wild and scenic 1 river, including lands and waters designated by 2 this title. 3 (B) RESOLUTION OF CONFLICT.—If there 4 is a conflict between the laws applicable to the 5 areas described in subparagraph (A) and this 6 section, the more restrictive provision shall con- 7 trol. 8 (3) USES.— 9 (A) IN GENERAL.—The Secretary shall 10 only allow uses of the restoration area that the 11 Secretary determines would further the pur- 12 poses described in subsection (c). 13 (B) PRIORITY.—The Secretary shall 14 prioritize restoration activities within the res- 15 toration area. 16 (C) LIMITATION.—Nothing in this section 17 shall limit the Secretary’s ability to plan, ap- 18 prove, or prioritize activities outside of the res- 19 toration area. 20 (4) WILDLAND FIRE.— 21 (A) IN GENERAL.—Nothing in this section 22 prohibits the Secretary, in cooperation with 23 other Federal, State, and local agencies, as ap- 24 propriate, from conducting wildland fire oper- 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3288 IS ations in the restoration area, consistent with 1 the purposes of this section. 2 (B) PRIORITY.—The Secretary may use 3 prescribed burning and managed wildland fire 4 to the fullest extent practicable to achieve the 5 purposes of this section. 6 (5) ROAD DECOMMISSIONING.— 7 (A) IN GENERAL.—To the extent prac- 8 ticable, the Secretary shall decommission 9 unneeded National Forest System roads identi- 10 fied for decommissioning and unauthorized 11 roads identified for decommissioning within the 12 restoration area— 13 (i) subject to appropriations; 14 (ii) consistent with the analysis re- 15 quired by subparts A and B of part 212 of 16 title 36, Code of Federal Regulations; and 17 (iii) in accordance with existing law. 18 (B) ADDITIONAL REQUIREMENT.—In mak- 19 ing determinations regarding road decommis- 20 sioning under subparagraph (A), the Secretary 21 shall consult with— 22 (i) appropriate State, Tribal, and local 23 governmental entities; and 24 (ii) members of the public. 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3288 IS (C) DEFINITION.—As used in subpara- 1 graph (A), the term ‘‘decommission’’ means— 2 (i) to reestablish vegetation on a road; 3 and 4 (ii) to restore any natural drainage, 5 watershed function, or other ecological 6 processes that are disrupted or adversely 7 impacted by the road by removing or 8 hydrologically disconnecting the road 9 prism. 10 (6) VEGETATION MANAGEMENT.— 11 (A) IN GENERAL.—Subject to subpara- 12 graphs (B), (C), and (D), the Secretary may 13 conduct vegetation management projects in the 14 restoration area only where necessary to— 15 (i) maintain or restore the character- 16 istics of ecosystem composition and struc- 17 ture; 18 (ii) reduce wildfire risk to commu- 19 nities by promoting forests that are fire re- 20 silient; 21 (iii) improve the habitat of threatened, 22 endangered, or sensitive species; 23 (iv) protect or improve water quality; 24 or 25 VerDate Sep 11 2014 23:14 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3288.IS S3288 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3288 IS (v) enhance the restoration of lands 1 within the restoration area. 2 (B) ADDITIONAL REQUIREMENTS.— 3 (i) SHADED FUEL BREAKS.—In car- 4 rying out subparagraph (A), the Secretary 5 shall prioritize, as practicable, the estab- 6 lishment of a network of shaded fuel 7 breaks within— 8 (I) the portions of the wildland- 9 urban interface that are within 150 10 feet from private property contiguous 11 to Federal land; 12 (II) one hundred and fifty feet 13 from any road that is open to motor- 14 ized vehicles as of the date of enact- 15 ment of this Act— 16 (aa) except that, [Text truncated for display. 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