[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4750 Received in Senate (RDS)]
2d Session
H. R. 4750
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 15, 2002
Received
_______________________________________________________________________
AN ACT
To designate certain lands in the State of California as components of
the National Wilderness Preservation System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Big Sur Wilderness
and Conservation Act of 2002''.
(b) Definitions.--As used in this Act, the term ``Secretary'' means
the Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions to Ventana Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Ventana Wilderness designated by
Public Law 91-58.
(2) Areas described.--The areas referred to in paragraph
(1) are the following lands in the State of California
administered by the Bureau of Land Management or the United
States Forest Service:
(A) Certain lands which comprise approximately 995
acres, as generally depicted on a map entitled
``Anastasia Canyon Proposed Wilderness Additions to the
Ventana Wilderness'' and dated March 22, 2002.
(B) Certain lands which comprise approximately
3,530 acres, as generally depicted on a map entitled
``Arroyo Seco Corridor Proposed Wilderness Addition to
the Ventana Wilderness'' and dated March 22, 2002.
(C) Certain lands which comprise approximately
14,550 acres, as generally depicted on a map entitled
``Bear Canyon Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(D) Certain lands which comprise approximately 855
acres, as generally depicted on a map entitled ``Black
Rock Proposed Wilderness Additions to the Ventana
Wilderness'' and dated March 22, 2002.
(E) Certain lands which comprise approximately
6,550 acres, as generally depicted on a map entitled
``Chalk Peak Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(F) Certain lands which comprise approximately
1,345 acres, as generally depicted on a map entitled
``Chews Ridge Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(G) Certain lands which comprise approximately
2,130 acres, as generally depicted on a map entitled
``Coast Ridge Proposed Wilderness Additions to the
Ventana Wilderness'' and dated March 22, 2002.
(H) Certain lands which comprise approximately
2,270 acres, as generally depicted on a map entitled
``Horse Canyon Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(I) Certain lands which comprise approximately 755
acres, as generally depicted on a map entitled ``Little
Sur Proposed Wilderness Addition to the Ventana
Wilderness'' and dated March 22, 2002.
(J) Certain lands which comprise approximately
4,130 acres, as generally depicted on a map entitled
``San Antonio Proposed Wilderness Addition to the
Ventana Wilderness'' and dated March 22, 2002.
(b) Additions to Silver Peak Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Silver Peak Wilderness designated
by Public Law 102-301.
(2) Areas described.--The areas referred to in paragraph
(1) are the following lands in the State of California
administered by the United States Forest Service:
(A) Certain lands which comprise approximately
8,235 acres, as generally depicted on a map entitled
``San Carpoforo Proposed Wilderness Addition to the
Silver Peak Wilderness'' and dated March 22, 2002.
(B) Certain lands which comprise approximately
8,820 acres, as generally depicted on a map entitled
``Willow Creek Proposed Wilderness Addition to the
Silver Peak Wilderness'' and dated March 22, 2002.
(c) Additions to Pinnacles Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System; and
(B) are hereby incorporated in and shall be deemed
to be a part of the Pinnacles Wilderness designated by
Public Law 94-567.
(2) Areas described.--The areas referred to in paragraph
(1) are the lands in the State of California administered by
the National Park Service which comprise approximately 2,715
acres, as generally depicted on a map entitled ``Pinnacles
Proposed Wilderness Additions'' and dated October 30, 2001.
(d) Maps and Descriptions.--
(1) Filing.--As soon as practicable after the date of
enactment of this Act, the appropriate Secretary shall file a
map and a boundary description of each area designated as
wilderness by this Act with the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Effect.--Each map and description shall have the same
force and effect as if included in this Act, except that the
appropriate Secretary is authorized to correct clerical and
typographical errors in such boundary descriptions and maps.
(3) Availability.--Such maps and boundary descriptions
shall be on file and available for public inspection in the
Office of the Director of the Bureau of Land Management and in
the Office of the Chief of the Forest Service, as appropriate.
(e) State and Private Lands.--Lands within the exterior boundaries
of any area added to a wilderness area under this section that are
owned by the State or by a private entity shall be included within such
wilderness area if such lands are acquired by the United States. Such
lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 and following).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary of
Agriculture or the Secretary of the Interior, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this Act shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as
further interpreted by section 108 of Public Law 96-560, and, the
guidelines set forth in Appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of California with respect to wildlife and fish in California.
(d) Water.--
(1) Reservation of water.--With respect to each wilderness
area designated by this Act, Congress hereby reserves a
quantity of water sufficient to fulfill the purposes of this
Act. The priority date of such reserved rights shall be the
date of enactment of this Act.
(2) Requirement to protect rights.--The appropriate
Secretary and all other officers of the United States shall
take steps necessary to protect the rights reserved by
paragraph (1), including the filing by the Secretary of a claim
for the quantification of such rights in any present or future
appropriate stream adjudication in the courts of the State of
California in which the United States is or may be joined and
which is conducted in accordance with the McCarran Amendment
(43 U.S.C. 666).
(3) No reduction or relinquishment.--Nothing in this Act
shall be construed as a relinquishment or reduction of any
water rights reserved or appropriated by the United States in
the State of California on or before the date of enactment of
this Act.
(4) Limitation on effect.--The Federal water rights
reserved by this Act are specific to the wilderness areas
located in the State of California designated by this Act.
Nothing in this Act related to reserved Federal water rights
shall be construed as establishing a precedent with regard to
any future designations, nor shall it constitute an
interpretation of any other Act or any designation made
pursuant thereto.
SEC. 4. WILDERNESS FIRE MANAGEMENT.
(a) Revision of Management Plans.--The Secretary of Agriculture
shall, by not later than 1 year after the date of the enactment of this
Act, amend the management plans that apply to each of the Ventana
Wilderness and the Silver Peak Wilderness, respectively, to authorize
the Forest Supervisor of the Los Padres National Forest to take
whatever appropriate actions in such wilderness areas are necessary for
fire prevention and watershed protection consistent with wilderness
values, including best management practices for fire presuppression and
fire suppression measures and techniques.
(b) Incorporation Into Forest Planning.--Any special provisions
contained in the management plan for the Ventana Wilderness and Silver
Peak Wilderness pursuant to subsection (a) shall be incorporated into
the management plan for the Los Padres National Forest.
SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT.
(a) Overflights.--Nothing in this Act shall preclude low level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(b) Military Access.--Nonmotorized access to and use of the
wilderness areas designated by this Act for military training shall be
authorized to continue in wilderness areas designated by this Act in
the same manner and degree as authorized prior to enactment of this
Act.
SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION.
(a) In General.--The Secretary of Agriculture may conduct a 5-year
pilot program to target the eradication of invasive plant and animal
species in the Monterey District of the Los Padres National Forest.
(b) Application to Other Property.--Activities under the program
may include actions to address invasive species problems on nearby
private land or other land that is not Forest Service property, if--
(1) the land owner, or the head of the governmental agency
having administrative jurisdiction over the land in the case of
State, local, or Federal government-owned land, seeks to
participate in the program; and
(2) the invasive species concerned occurs on the land and
poses a threat to national forest lands.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated $1,000,000 for each of 5 fiscal
years.
SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT.
The Secretary of Agriculture may authorize the construction and
maintenance of a new water line and corresponding spring box
improvements adjacent to an existing domestic water service in the
Silver Peak Wilderness.
Passed the House of Representatives November 15
(legislative day, November 14), 2002.
Attest:
JEFF TRANDAHL,
Clerk.