Title V — H.R. 376 (Introduced in House)

Sec. 501 Transfer of land to Anza-Borrego Desert State Park

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) is amended by adding at the end the following:

“712. Transfer of land to Anza-Borrego Desert State Park

“(a) In general—On termination of all mining claims to the land described in subsection (b), the Secretary shall transfer the land described in that subsection to the State of California.

“(b) Description of land—The land referred to in subsection (a) is certain Bureau of Land Management land in San Diego County, California, comprising approximately 934 acres, as generally depicted on the map entitled “Proposed Table Mountain Wilderness Study Area Transfer to the State” and dated November 7, 2018.

“(c) Management

“(1) In general—The land transferred under subsection (a) shall be managed in accordance with the provisions of the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40).

“(2) Withdrawal—Subject to valid existing rights, the land transferred under subsection (a) is withdrawn from—

“(A) all forms of entry, appropriation, or disposal under the public land laws;

“(B) location, entry, and patent under the mining laws; and

“(C) disposition under all laws relating to mineral and geothermal leasing.

“(3) Reversion—If the State ceases to manage the land transferred under subsection (a) as part of the State Park System or in a manner inconsistent with the California Wilderness Act (California Public Resources Code sections 5093.30–5093.40), the land shall revert to the Secretary at the discretion of the Secretary, to be managed as a Wilderness Study Area.”

Sec. 502 Wildlife corridors

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by section 501) is amended by adding at the end the following:

“713. Wildlife corridors

“(a) In general—The Secretary shall—

“(1) assess the impacts of habitat fragmentation on wildlife in the California Desert Conservation Area; and

“(2) establish policies and procedures to ensure the preservation of wildlife corridors and facilitate species migration.

“(b) Study

“(1) In general—As soon as practicable, but not later than 2 years, after the date of enactment of this section, the Secretary shall complete a study regarding the impact of habitat fragmentation on wildlife in the California Desert Conservation Area.

“(2) Components—The study under paragraph (1) shall—

“(A) identify the species migrating, or likely to migrate in the California Desert Conservation Area;

“(B) examine the impacts and potential impacts of habitat fragmentation on—

“(i) plants, insects, and animals;

“(ii) soil;

“(iii) air quality;

“(iv) water quality and quantity; and

“(v) species migration and survival;

“(C) identify critical wildlife and species migration corridors recommended for preservation; and

“(D) include recommendations for ensuring the biological connectivity of public land managed by the Secretary and the Secretary of Defense throughout the California Desert Conservation Area.

“(3) Rights-of-way—The Secretary shall consider the information and recommendations of the study under paragraph (1) to determine the individual and cumulative impacts of rights-of-way for projects in the California Desert Conservation Area, in accordance with—

“(A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and

“(C) any other applicable law.

“(c) Land management plans—The Secretary shall incorporate into all land management plans applicable to the California Desert Conservation Area the findings and recommendations of the study completed under subsection (b).”

Sec. 503 Prohibited uses of acquired, donated, and conservation land

Title VII of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–71 et seq.) (as amended by section 502) is amended by adding at the end the following:

“714. Prohibited uses of acquired, donated, and conservation land

“(a) Definitions—In this section:

“(1) Acquired land—The term acquired land means any land acquired within the Conservation Area using amounts from the land and water conservation fund established under section 200302 of title 54, United States Code.

“(2) Conservation Area—The term Conservation Area means the California Desert Conservation Area.

“(3) Conservation land—The term conservation land means any land within the Conservation Area that is designated to satisfy the conditions of a Federal habitat conservation plan, general conservation plan, or State natural communities conservation plan, including—

“(A) national conservation land established pursuant to section 2002(b)(2)(D) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(b)(2)(D)); and

“(B) areas of critical environmental concern established pursuant to section 202(c)(3) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(3)).

“(4) Donated land—The term donated land means any private land donated to the United States for conservation purposes in the Conservation Area.

“(5) Donor—The term donor means an individual or entity that donates private land within the Conservation Area to the United States.

“(6) Secretary—The term Secretary means the Secretary, acting through the Director of the Bureau of Land Management.

“(7) State—The term State means the State of California.

“(b) Prohibitions—Except as provided in subsection (c), the Secretary shall not authorize the use of acquired land, conservation land, or donated land within the Conservation Area for any activities contrary to the conservation purposes for which the land was acquired, designated, or donated, including—

“(1) disposal;

“(2) rights-of-way;

“(3) leases;

“(4) livestock grazing;

“(5) infrastructure development, except as provided in subsection (c);

“(6) mineral entry; and

“(7) off-highway vehicle use, except on—

“(A) designated routes;

“(B) off-highway vehicle areas designated by law; and

“(C) administratively designated open areas.

“(c) Exceptions

“(1) Authorization by secretary—Subject to paragraph (2), the Secretary may authorize limited exceptions to prohibited uses of acquired land or donated land in the Conservation Area if—

“(A) a right-of-way application for a renewable energy development project or associated energy transport facility on acquired land or donated land was submitted to the Bureau of Land Management on or before December 1, 2009; or

“(B) after the completion and consideration of an analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary has determined that proposed use is in the public interest.

“(2) Conditions

“(A) In general—If the Secretary grants an exception to the prohibition under paragraph (1), the Secretary shall require the permittee to donate private land of comparable value located within the Conservation Area to the United States to mitigate the use.

“(B) Approval—The private land to be donated under subparagraph (A) shall be approved by the Secretary after—

“(i) consultation, to the maximum extent practicable, with the donor of the private land proposed for nonconservation uses; and

“(ii) an opportunity for public comment regarding the donation.

“(d) Existing agreements—Nothing in this section affects permitted or prohibited uses of donated land or acquired land in the Conservation Area established in any easements, deed restrictions, memoranda of understanding, or other agreements in existence on the date of enactment of this section.

“(e) Deed restrictions—Effective beginning on the date of enactment of this section, within the Conservation Area, the Secretary may—

“(1) accept deed restrictions requested by landowners for land donated to, or otherwise acquired by, the United States; and

“(2) consistent with existing rights, create deed restrictions, easements, or other third-party rights relating to any public land determined by the Secretary to be necessary—

“(A) to fulfill the mitigation requirements resulting from the development of renewable resources; or

“(B) to satisfy the conditions of—

“(i) a habitat conservation plan or general conservation plan established pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); or

“(ii) a natural communities conservation plan approved by the State.”

Sec. 504 Tribal uses and interests

Section 705 of the California Desert Protection Act is 1994 (16 U.S.C. 410aaa–75) is amended—

(1)

by redesignating subsection (b) as subsection (c);

(2)

by striking subsection (a) and inserting the following:

“(a) Access—The Secretary shall ensure access to areas designated under this Act by members of Indian Tribes for traditional cultural and religious purposes, consistent with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996).

“(b) Temporary closure

“(1) In general—In accordance with applicable law, including Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996), and subject to paragraph (2), the Secretary, on request of an Indian Tribe or Indian religious community, shall temporarily close to general public use any portion of an area designated as a national monument, special management area, wild and scenic river, area of critical environmental concern, or National Park System unit under this Act (referred to in this subsection as a “designated area”) to protect the privacy of traditional cultural and religious activities in the designated area by members of the Indian tribe or Indian religious community.

“(2) Limitation—In closing a portion of a designated area under paragraph (1), the Secretary shall limit the closure to the smallest practicable area for the minimum period necessary for the traditional cultural and religious activities.”

(3)

by adding at the end the following:

“(d) Tribal cultural resources management plan

“(1) In general—Not later than 2 years after the date of enactment of the California Desert Protection and Recreation Act of 2019, the Secretary shall develop and implement a Tribal cultural resources management plan to identify, protect, and conserve cultural resources of Indian tribes associated with the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California).

“(2) Consultation—The Secretary shall consult on the development and implementation of the Tribal cultural resources management plan under paragraph (1) with—

“(A) each of—

“(i) the Chemehuevi Indian Tribe;

“(ii) the Hualapai Tribal Nation;

“(iii) the Fort Mojave Indian Tribe;

“(iv) the Colorado River Indian Tribes;

“(v) the Quechan Indian Tribe; and

“(vi) the Cocopah Indian Tribe;

“(B) the Advisory Council on Historic Preservation; and

“(C) the State Historic Preservation Offices of Nevada, Arizona, and California.

“(3) Resource protection—The Tribal cultural resources management plan developed under paragraph (1) shall—

“(A) be based on a completed Tribal cultural resources survey; and

“(B) include procedures for identifying, protecting, and preserving petroglyphs, ancient trails, intaglios, sleeping circles, artifacts, and other resources of cultural, archaeological, or historical significance in accordance with all applicable laws and policies, including—

“(i) chapter 2003 of title 54, United States Code;

“(ii) Public Law 95–341 (commonly known as the “American Indian Religious Freedom Act”) (42 U.S.C. 1996);

“(iii) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.);

“(iv) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

“(v) Public Law 103–141 (commonly known as the “Religious Freedom Restoration Act of 1993”) (42 U.S.C. 2000bb et seq.).

“(e) Withdrawal—Subject to valid existing rights, all Federal land within the area administratively withdrawn and known as the “Indian Pass Withdrawal Area” is permanently withdrawn from—

“(1) all forms of entry, appropriation, or disposal under the public land laws;

“(2) location, entry, and patent under the mining laws; and

“(3) right-of-way leasing and disposition under all laws relating to minerals or solar, wind, or geothermal energy.”

Sec. 505 Release of Federal reversionary land interests

(a)

Definitions— In this section:

(1)

1932 act— The term 1932 Act means the Act of June 18, 1932 (47 Stat. 324, chapter 270).

(2)

District— The term District means the Metropolitan Water District of Southern California.

(b)

Release— Subject to valid existing claims perfected prior to the effective date of the 1932 Act and the reservation of minerals set forth in the 1932 Act, the Secretary shall release, convey, or otherwise quitclaim to the District, in a form recordable in local county records, and subject to the approval of the District, after consultation and without monetary consideration, all right, title, and remaining interest of the United States in and to the land that was conveyed to the District pursuant to the 1932 Act or any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States, on request by the District.

(c)

Terms and conditions— A conveyance authorized by subsection (b) shall be subject to the following terms and conditions:

(1)

The District shall cover, or reimburse the Secretary for, the costs incurred by the Secretary to make the conveyance, including title searches, surveys, deed preparation, attorneys’ fees, and similar expenses.

(2)

By accepting the conveyances, the District agrees to indemnify and hold harmless the United States with regard to any boundary dispute relating to any parcel conveyed under this section.

Sec. 506 California State school land

Section 707 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–77) is amended—

(1)

in subsection (a)—

(A)

in the first sentence—

(i)

by striking “Upon request of the California State Lands Commission (hereinafter in this section referred to as the “Commission”), the Secretary shall enter into negotiations for an agreement” and inserting the following:

“(1) In general—The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the “Commission”)”

(ii)

by inserting “, national monuments, off-highway vehicle recreation areas,” after “more of the wilderness areas”; and

(B)

in the second sentence, by striking “The Secretary shall negotiate in good faith to” and inserting the following:

“(2) Agreement—To the maximum extent practicable, not later than 10 years after the date of enactment of this title, the Secretary shall”

(2)

in subsection (b)(1), by inserting “, national monuments, off-highway vehicle recreation areas,” after “wilderness areas”.

Sec. 507 Designation of wild and scenic rivers

(a)

Amargosa River, California— Section 3(a)(196)(A) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(196)(A)) is amended to read as follows:

“(A) The approximately 7.5-mile segment of the Amargosa River in the State of California, the private property boundary in sec. 19, T. 22 N., R. 7 E., to 100 feet upstream of the Tecopa Hot Springs Road crossing, to be administered by the Secretary of the Interior as a scenic river.”

(b)

Additional segments— Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

“(214) Surprise canyon creek, california

“(A) In general—The following segments of Surprise Canyon Creek in the State of California, to be administered by the Secretary of the Interior:

“(i) The approximately 5.3 miles of Surprise Canyon Creek from the confluence of Frenchman’s Canyon and Water Canyon to 100 feet upstream of Chris Wicht Camp, as a wild river.

“(ii) The approximately 1.8 miles of Surprise Canyon Creek from 100 feet upstream of Chris Wicht Camp to the southern boundary of sec. 14, T. 21 S., R. 44 E., as a recreational river.

“(B) Effect on historic mining structures—Nothing in this paragraph affects the historic mining structures associated with the former Panamint Mining District.

“(215) Deep creek, california

“(A) In general—The following segments of Deep Creek in the State of California, to be administered by the Secretary of Agriculture:

“(i) The approximately 6.5-mile segment from 0.125 mile downstream of the Rainbow Dam site in sec. 33, T. 2 N., R. 2 W., San Bernardino Meridian, to 0.25 miles upstream of the Road 3N34 crossing, as a wild river.

“(ii) The 0.5-mile segment from 0.25 mile upstream of the Road 3N34 crossing to 0.25 mile downstream of the Road 3N34 crossing, as a scenic river.

“(iii) The 2.5-mile segment from 0.25 miles downstream of the Road 3 N. 34 crossing to 0.25 miles upstream of the Trail 2W01 crossing, as a wild river.

“(iv) The 0.5-mile segment from 0.25 miles upstream of the Trail 2W01 crossing to 0.25 mile downstream of the Trail 2W01 crossing, as a scenic river.

“(v) The 10-mile segment from 0.25 miles downstream of the Trail 2W01 crossing to the upper limit of the Mojave dam flood zone in sec. 17, T. 3 N., R. 3 W., San Bernardino Meridian, as a wild river.

“(vi) The 11-mile segment of Holcomb Creek from 100 yards downstream of the Road 3N12 crossing to .25 miles downstream of Holcomb Crossing, as a recreational river.

“(vii) The 3.5-mile segment of the Holcomb Creek from 0.25 miles downstream of Holcomb Crossing to the Deep Creek confluence, as a wild river.

“(B) Effect on ski operations—Nothing in this paragraph affects—

“(i) the operations of the Snow Valley Ski Resort; or

“(ii) the State regulation of water rights and water quality associated with the operation of the Snow Valley Ski Resort.

“(216) Whitewater river, california—The following segments of the Whitewater River in the State of California, to be administered by the Secretary of Agriculture and the Secretary of the Interior, acting jointly:

“(A) The 5.8-mile segment of the North Fork Whitewater River from the source of the River near Mt. San Gorgonio to the confluence with the Middle Fork, as a wild river.

“(B) The 6.4-mile segment of the Middle Fork Whitewater River from the source of the River to the confluence with the South Fork, as a wild river.

“(C) The 1-mile segment of the South Fork Whitewater River from the confluence of the River with the East Fork to the section line between sections 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, as a wild river.

“(D) The 1-mile segment of the South Fork Whitewater River from the section line between sections 32 and 33, T. 1 S., R. 2 E., San Bernardino Meridian, to the section line between sections 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, as a recreational river.

“(E) The 4.9-mile segment of the South Fork Whitewater River from the section line between sections 33 and 34, T. 1 S., R. 2 E., San Bernardino Meridian, to the confluence with the Middle Fork, as a wild river.

“(F) The 5.4-mile segment of the main stem of the Whitewater River from the confluence of the South and Middle Forks to the San Gorgonio Wilderness boundary, as a wild river.

“(G) The 3.6-mile segment of the main stem of the Whitewater River from the San Gorgonio Wilderness boundary to .25 miles upstream of the southern boundary of section 35, T. 2 S., R. 3 E., San Bernardino Meridian, as a recreational river.”

Sec. 508 Conforming amendments

(a)

Short title— Section 1 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa note; Public Law 103–433) is amended by striking “1 and 2, and titles I through IX” and inserting “1, 2, and 3, titles I through IX, and titles XIII and XIV”.

(b)

Definitions— The California Desert Protection Act of 1994 (Public Law 103–433; 108 Stat. 4471) is amended by inserting after section 2 the following:

“3. Definitions

“(a) Titles I through IX—In titles I through IX, the term this Act means only—

“(1) sections 1 and 2; and

“(2) titles I through IX.

“(b) Titles XIII and XIV—In titles XIII and XIV:

“(1) Conservation area—The term Conservation Area means the California Desert Conservation Area.

“(2) Secretary—The term Secretary means—

“(A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and

“(B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture.

“(3) State—The term State means the State of California.”

Sec. 509 Juniper Flats

The California Desert Protection Act of 1994 is amended by striking section 711 (16 U.S.C. 410aaa–81) and inserting the following:

“711. Juniper Flats

“Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited on the approximately 27,990 acres of Federal land generally depicted as “BLM Land Unavailable for Energy Development” on the map entitled “Juniper Flats” and dated November 7, 2018.”

Sec. 510 Conforming amendments to California Military Lands Withdrawal and Overflights Act of 1994

(a)

Findings— Section 801(b)(2) of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82 note; Public Law 103–433) is amended by inserting “, special management areas, off-highway vehicle recreation areas, scenic areas,” before “and wilderness areas”.

(b)

Overflights; special airspace— Section 802 of the California Military Lands Withdrawal and Overflights Act of 1994 (16 U.S.C. 410aaa–82) is amended—

(1)

in subsection (a), by inserting “, scenic areas, off-highway vehicle recreation areas, or special management areas” before “designated by this Act”;

(2)

in subsection (b), by inserting “, scenic areas, off-highway vehicle recreation areas, or special management areas” before “designated by this Act”; and

(3)

by adding at the end the following:

“(d) Department of defense facilities—Nothing in this Act alters any authority of the Secretary of Defense to conduct military operations at installations and ranges within the California Desert Conservation Area that are authorized under any other provision of law.”

Sec. 511 Desert tortoise conservation center

(a)

In general— The Secretary shall establish, operate, and maintain a trans-State desert tortoise conservation center (referred to in this section as the “Center”) on public land along the California-Nevada border—

(1)

to support desert tortoise research, disease monitoring, handling training, rehabilitation, and reintroduction;

(2)

to provide temporary quarters for animals collected from authorized salvage from renewable energy sites; and

(3)

to ensure the full recovery and ongoing survival of the species.

(b)

Center— In carrying out this section, the Secretary shall—

(1)

seek the participation of or contract with qualified organizations with expertise in desert tortoise disease research and experience with desert tortoise translocation techniques, and scientific training of professional biologists for handling tortoises, to staff and manage the Center;

(2)

ensure that the Center engages in public outreach and education on tortoise handling; and

(3)

consult with the State and the State of Nevada to ensure that the Center is operated consistent with State law.

(c)

Non-Federal Contributions— The Secretary may accept and expend contributions of non-Federal funds to establish, operate, and maintain the Center.

Title V — Miscellaneous

V Miscellaneous