Text: H.R.2556 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.2556--
H.R.2556
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
Entitled the `Los Padres Condor Range and River Protection Act'.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. FINDINGS.
 The Congress finds that--
 (1) areas of undeveloped National Forest System lands within Los Padres
 National Forest have outstanding natural characteristics which will, if
 properly preserved, contribute as an enduring resource of wilderness for
 the benefit of the American people; and
 (2) it is in the national interest that certain of these areas be designated
 as components of the National Wilderness Preservation System and Wild and
 Scenic Rivers System or reserved from mineral entry in order to preserve
 such areas and their specific multiple values for watershed preservation,
 wildlife habitat protection, scenic and historic preservation, scientific
 research, educational use, primitive recreation, solitude, physical and
 mental challenge, and inspiration for the benefit of all of the American
 people of present and future generations.
SEC. 2. DESIGNATION OF WILDERNESS AREAS.
 In furtherance of the purposes of the Wilderness Act, the following National
 Forest System lands are hereby designated as wilderness and, therefore,
 as components of the National Wilderness Preservation System:
 (1) Certain lands in Los Padres National Forest and the Angeles National
 Forest, California, which comprise approximately 219,700 acres, which are
 generally depicted on a map entitled `Sespe Wilderness Area--Proposed'
 and dated September 1991, which shall be known as the Sespe Wilderness. In
 recognition of the significant role that Mr. Gene Marshall played in the
 development of this Act, the Secretary of Agriculture is authorized and
 directed to name the existing trail between Reyes Creek and Lion Campgrounds
 as the Gene Marshall-Piedra Blanca National Recreational Trail.
 (2) Certain lands in Los Padres National Forest, California, which comprise
 approximately 29,600 acres, which are generally depicted on a map entitled
 `Matilija Wilderness Area--Proposed' and dated September 1991, which shall
 be known as the Matilija Wilderness.
 (3) Certain lands in Los Padres National Forest, California, which comprise
 approximately 46,400 acres, which are generally depicted on a map entitled
 `San Rafael Wilderness Addition--Proposed' and dated September 1991, and
 which lands are hereby incorporated in, and shall be managed as part of,
 the San Rafael Wilderness.
 (4) Certain lands in Los Padres National Forest, California, which comprise
 approximately 14,100 acres, which are generally depicted on a map entitled
 `Garcia Wilderness Area--Proposed' and dated September 1991, which shall
 be known as the Garcia Wilderness.
 (5) Certain lands in Los Padres National Forest, California, which
 comprise approximately 38,150 acres, which are generally depicted on
 a map entitled `Chumash Wilderness--Proposed' and dated September 1991,
 which shall be known as the Chumash Wilderness and approximately 50 acres,
 which are generally depicted on the same map, which shall be designated as
 potential wilderness. The Toad Springs road corridor delineated as potential
 wilderness shall remain open to off road vehicle traffic until construction
 of an alternate route which bypasses this area is completed. These potential
 wilderness lands shall be automatically incorporated in and managed as part of
 the Chumash Wilderness upon publication of a notice in the Federal Register.
 (6) Certain lands in Los Padres National Forest, California, which comprise
 approximately 38,000 acres, which are generally depicted on a map entitled
 `Ventana Wilderness Addition--Proposed' and dated September 1991, and which
 lands are hereby incorporated in, and shall be managed as a part of, the
 Ventana Wilderness.
 (7) Certain lands in Los Padres National Forest, California, which comprise
 approximately 14,500 acres, which are generally depicted on a map entitled
 `Silver Peak Wilderness Addition--Proposed' and dated September 1991,
 which shall be known as the Silver Peak Wilderness. In recognition of
 Mr. Nathaniel Owings' efforts to preserve the Big Sur coastline, the area
 within the Silver Peak Wilderness area depicted as `Redwood Gulch' shall
 hereafter be known as the `Nathaniel Owings Redwood Grove'. The Secretary
 is directed to place this name on all appropriate maps depicting the Silver
 Peak Wilderness Area of the Los Padres National Forest.
SEC. 3. ADMINISTRATION OF WILDERNESS AREAS.
 (a) IN GENERAL- Subject to valid existing rights, each wilderness area
 designated by this Act shall be administered by the Secretary of Agriculture
 in accordance with the provisions of the Wilderness Act.
 (b) FIRE PREVENTION AND WATERSHED PROTECTION- In order to guarantee the
 continued viability of the watersheds of the wilderness areas designated by
 this Act and to ensure the continued health and safety of the communities
 serviced by such watersheds, the Secretary of Agriculture may take such
 measures as are necessary for fire prevention and watershed protection
 including, but not limited to, acceptable fire presuppression and fire
 suppression measures and techniques.
 (c) WILDLIFE MANAGEMENT- In furtherance of the purposes and principles of
 the Wilderness Act, management activities to maintain or restore fish and
 wildlife populations, including the California condor, and the habitats to
 support such populations may be carried out within wilderness areas designated
 by this Act where consistent with relevant wilderness management plans in
 accordance with appropriate policies and guidelines such as those set forth
 in Policies and Guidelines for Fish and Wildlife Management in National
 Forests and Bureau of Land Management Wilderness, dated August 25, 1986.
 (d) BUFFER ZONES- The Congress does not intend for the designation of
 wilderness areas pursuant to this Act to lead to the creation of protective
 perimeters or buffer zones around such wilderness areas. The fact that
 nonwilderness activities or uses can be seen or heard from areas within
 a wilderness shall not, of itself, preclude such activities or uses up to
 the boundary of the wilderness area.
 (e) WATER RIGHTS-
 (1) 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 water rights shall be the date
 of enactment of this Act.
 (2) The Secretary of Agriculture and all other officers of the United States
 shall take steps necessary to protect the rights reserved by this Act,
 including the filing by the Secretary of Agriculture 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 section
 208 of the Act of July 10, 1952 (Ch. 651, 66 Stat. 560; 43 U.S.C. 666)
 (commonly referred to as the `McCarran Amendment').
 (3) 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) 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 the 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 thereto.
SEC. 4. FILING OF MAPS AND DESCRIPTIONS.
 As soon as practicable after enactment of this Act, a map and legal
 description of each wilderness area designated in section 2 shall be
 filed with the Committee on Energy and Natural Resources of the Senate and
 Committee on Interior and Insular Affairs of the House of Representatives,
 and each such map and description shall have the same force and effect as
 if included in this Act. Correction of clerical and typographical errors
 in each such legal description and map may be made. Each such map and
 legal description shall be on file and available for public inspection in
 the Office of the Chief of the Forest Service, Department of Agriculture,
 Washington, District of Columbia and in the Office of the Forest Supervisor,
 Los Padres National Forest.
SEC. 5. RELEASE TO NONWILDERNESS USES.
 The table contained in section 111(e) of the California Wilderness Act of
 1984 (98 Stat. 1631) is amended by striking all lines pertaining to further
 planning areas on the Los Padres National Forest. Except for those areas
 designated as wilderness under section 2 of this Act, these areas shall be
 released to nonwilderness uses in accordance with section 111 (except for
 subsection (e)) of such Act.
SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS.
 In order to preserve and protect for present and future generations the
 outstandingly remarkable values of Sespe Creek, the Big Sur River, and the
 Sisquoc River, all in California, section 3(a) of the Wild and Scenic Rivers
 Act (16 U.S.C. 1274(a)) is amended by adding the following new paragraphs
 at the end:
 `( ) SESPE CREEK, CALIFORNIA- The 4-mile segment of the main stem of the
 creek from its confluence with Rock Creek and Howard Creek downstream to
 its confluence with Trout Creek, to be administered by the Secretary of
 Agriculture as a scenic river; and the 27.5-mile segment of the main stem of
 the creek extending from its confluence with Trout Creek downstream to where
 it leaves section 26, township 5 north, range 20 west, to be administered
 by the Secretary of Agriculture as a wild river.
 `( ) SISQUOC RIVER, CALIFORNIA- The 33-mile segment of the main stem of the
 river extending from its origin downstream to the Los Padres Forest boundary,
 to be administered by the Secretary of Agriculture as a wild river.
 `( ) BIG SUR RIVER, CALIFORNIA- The main stems of the South Fork and North
 Fork of the Big Sur River from their headwaters to their confluence and
 the main stem of the river from the confluence of the South and North Forks
 downstream to the boundary of the Ventana Wilderness in Los Padres National
 Forest, for a total distance of approximately 19.5 miles, to be administered
 by the Secretary of Agriculture as a wild river.'.
SEC. 7. STUDY RIVERS.
 (a) DESIGNATION- Section 5(a) of the Wild and Scenic Rivers Act (16
 U.S.C. 1276(a)) is amended by adding the following new paragraphs at the
 end thereof:
 `( ) PIRU CREEK, CALIFORNIA- The segment of the main stem of the creek from
 its source downstream to the maximum pool of Pyramid Lake and the segment
 of the main stem of the creek beginning 300 feet below the dam at Pyramid
 Lake downstream to the maximum pool at Lake Piru, for a total distance of
 approximately 49 miles.
 `( ) LITTLE SUR RIVER, CALIFORNIA- The segment of the main stem of the
 river from its headwaters downstream to the Pacific Ocean, a distance of
 approximately 23 miles. The Secretary of Agriculture shall consult with
 the Big Sur Multiagency Advisory Council during the study of the river.
 `( ) MATILIJA CREEK, CALIFORNIA- The segment from its headwaters to its
 junction with Murietta Canyon, a distance of approximately 16 miles.
 `( ) LOPEZ CREEK, CALIFORNIA- The segments from its headwaters to Lopez
 Reservoir, a distance of approximately 11 miles.
 `( ) SESPE CREEK, CALIFORNIA- The segment from Chorro Grande Canyon downstream
 to its confluence with Rock Creek and Howard Creek, a distance of about
 10.5 miles.'.
 (b) CONSULTATION- Each study shall be conducted by the Secretary of
 Agriculture. The studies of the rivers and creeks named in subsection (a)
 shall be made in consultation with local authorities and appropriate local
 and State agencies.
SEC. 8. MINERAL WITHDRAWAL.
 (a) IN GENERAL- Subject to valid existing rights, federally owned lands and
 interests therein that are depicted on a map entitled `Mineral Withdrawal
 Area, California Coastal Zone, Big Sur--Proposed' and dated September
 1991 are withdrawn from entry, location, appropriation, leasing, sale, or
 disposition under the mining laws, mineral leasing and geothermal leasing
 laws of the United States.
 (b) MINING CLAIMS- Subject to valid existing rights, all mining claims located
 within the withdrawal area depicted on the map described in subsection (a)
 shall be subject to such regulations as the Secretary of Agriculture may
 prescribe to ensure that mining will, to the greatest practicable extent,
 be consistent with the protection of scenic, scientific, cultural, and other
 resources of the area. The Secretary of Agriculture shall not approve any
 plan of operation prior to a determination that the unpatented mining claim
 was valid prior to the mineral withdrawal created by this Act and remains
 valid. A patent for land within the withdrawal area that is issued after
 the date of enactment of this Act shall convey title only to the minerals
 together with the right to use the surface of lands for mining purposes
 subject to such regulations.
SEC. 9. ADDITIONAL USES OF CERTAIN LANDS IN CALIFORNIA.
 (a) REMOVAL OF RESTRICTIONS- Notwithstanding the restrictions otherwise
 applicable under the terms of conveyance by the United States of any of the
 lands described in subsection (b) to either the city of Pittsburg, California,
 or Merced County, California, or under any agreement concerning any part
 of such lands between either such city or such county and the Secretary
 of the Interior or any other officer or agent of the United States, the
 lands described in subsection (b) may be used for the purposes specified
 in subsection (c) of this section.
 (b) LANDS AFFECTED- The lands referred to in subsection (a) of this
 section are--
 (1) any portion not exceeding 1.5 acres of the lands described in that
 certain Quitclaim Deed of the United States to the city of Pittsburg,
 California, bearing the date of March 25, 1960, and recorded in Record
 of Deeds of the County of Contra Costa, State of California, as document
 No. 79015, in Book 3759 at page 1 of Records; and
 (2) the south 15 acres of the 40 acres located in the northwest quarter
 of the southwest quarter of section 20, township 7 south, range 13 east,
 Mount Diablo base line and Meridian in Merced County, California, conveyed
 to such county by deed recorded in volume 1941 at page 441 of the official
 records in Merced County, California.
 (c) AUTHORIZED USES- (1) The city of Pittsburg, California, may use the lands
 described in subsection (b)(1) of this section for a fire station or other
 public purpose, or may transfer such lands to another governmental entity
 on condition that such entity retain and use such lands for such purpose.
 (2) Merced County, California, may authorize the use of the lands described in
 subsection (b)(2) of this section for an elementary school serving children
 without regard to their race, creed, color, national origin, physical or
 mental disability, or sex, operated by a nonsectarian organization on a
 nonprofit basis and in compliance with all applicable requirements of the
 laws of the United States and the State of California. If Merced County
 permits such lands to be used for such purposes, the county shall include
 information concerning such use in the periodic reports to the Secretary of
 the Interior required under the terms of the conveyance of such lands to
 the county by the United States. Any violation of the provisions of this
 paragraph shall be deemed to be a breach of the conditions and covenants
 under which such lands were conveyed to Merced County by the United States,
 and shall have the same effect as provided in the deed whereby the United
 States conveyed the lands to the county. Except as specified in this
 subsection, nothing in this Act shall increase or diminish the authority
 or responsibility of the county with respect to the lands.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
 There are authorized to be appropriated such sums as are necessary to carry
 out this Act and amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.