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S.21
One Hundred Third Congress of the United States of America
at the Second Session
Begun and held at the City of Washington on Tuesday, the
twenty-fifth day of January, one thousand nine hundred and
ninety-four.
Title I--Designation of BLM Administered Wilderness
Title II--Designation of FWS Administered Wilderness
Title III--Death Valley National Park
Title IV--Joshua Tree National Park
Title V--Mojave National Preserve
Title VI--National Park System Wilderness
Title VII--Miscellaneous Provisions
*Section
705. Native American Uses and Interests
*Timbisha
Shoshone Provision
Title VIII--Military Lands and Overflights
Title XI--Authorization of Appropriations
Title X--Protection of Bodie Bowl
Title XI--Lower Mississippi Delta Region Initiatives
Title XII--New Orleans Jazz National Historic Park
AN ACT
To designate certain lands in the California Desert as wilderness, to establish the Death Valley and Joshua Tree National Parks, to establish the Mojave National Preserve, 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.
Sections 1 and 2, and titles I through IX of this Act may be
cited as the "California Desert Protection Act of 1994".
SECTION 2.
FINDINGS AND POLICY.
(a) The Congress finds and declares that--
(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and
inestimable value for this and future generations;
(2) these desert wildlands display unique scenic, historical,
archeological, environmental, ecological,
wildlife, cultural, scientific, educational, and recreational
values used and enjoyed by millions of Americans for hiking and
camping, scientific study and scenic appreciation;
(3) the public land resources of the California desert now face
and are increasingly threatened by adverse pressures which would
impair, dilute, and destroy their public and natural values;
(4) the California desert, embracing wilderness lands, units of
the National Park System, other Federal lands, State parks and
other State lands, and private lands, constitutes a cohesive
unit posing unique and difficult resource protection and
management challenges;
(5) through designation of national monuments by Presidential
proclamation, through enactment of general public land statutes
(including section 601 of the Federal Land Policy
and Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 et
seq.) and through interim administrative actions, the Federal
Government has begun the process of appropriately providing for
protection of the significant resources of the public lands in
the California desert; and
(6) statutory land unit designations are needed to afford the
full protection which the resources and public land values of
the California desert merit.
(b) In order to secure for the American people of this and
future generations an enduring heritage of wilderness, national
parks, and public land values in the California desert, it is
hereby declared to be the policy of the Congress that--
(1) appropriate public lands in the California desert shall be
included within the National Park System and the National
Wilderness Preservation System, in order to--
(A) preserve unrivaled scenic, geologic, and wildlife values
associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and diverse
ecosystems of the California desert;
(C) protect and preserve historical and cultural values of the
California desert associated with ancient Indian cultures,
patterns of western exploration and settlement, and sites
exemplifying the mining, ranching and railroading history of the
Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological sites,
maintain wilderness resource values, and promote public
understanding and appreciation of the California desert; and
(E) retain and enhance opportunities for scientific research in
undisturbed ecosystems.
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SEC. 101. FINDINGS.
The Congress finds and declares that--
(1) wilderness is a distinguishing characteristic of the public
lands in the California desert, one which affords an unrivaled
opportunity for experiencing vast areas of the Old West
essentially unaltered by man's activities, and which merits
preservation for the benefit of present and future
generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment,
alteration, and destruction by activities and intrusions
associated with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires the
highest forms of protective designation and management.
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SEC. 102. DESIGNATION OF WILDERNESS.
In furtherance of the purpose of the Wilderness Act (78 Stat.
890, 16 U.S.C. 1131 et seq.), and sections 601 and 603 of the
Federal Land Policy and Management Act of 1976 (90 Stat. 2743,
43 U.S.C. 1701 et seq.), the following lands in the State of
California, as generally depicted on maps referenced herein, are
hereby designated as wilderness, and therefore, as components of
the National Wilderness Preservation System:
(1) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
seventy-four thousand eight hundred and ninety acres, as
generally depicted on a map entitled "Argus Range
Wilderness--Proposed 1", dated May 1991, and two maps entitled
"Argus Range Wilderness--Proposed 2" and "Argus Range
Wilderness- Proposed 3", dated January 1989, and which shall be
known as the Argus Range Wilderness. If at any time within
fifteen years after the date of enactment of this Act the
Secretary of the Navy notifies the Secretary that permission has
been granted to use lands within the area of the China Lake
Naval Air Warfare Center for installation of a space energy
laser facility, and that establishment of a right-of-way across
lands within the Argus Range Wilderness is desirable in order to
facilitate access to the lands to be used for such facility, the
Secretary of the Interior, pursuant to the Federal Land Policy
and Management Act of 1976, may grant a right-of-way for, and
authorize construction of, a road to be used solely for that
purpose across such lands, notwithstanding the designation of
such lands as wilderness. So far as practicable, any such road
shall be aligned in a manner that takes into account the
desirability of minimizing adverse impacts on wilderness values.
(2) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately ten
thousand three hundred and eighty acres, as generally depicted
on a map entitled "Bigelow Cholla Garden Wilderness-- Proposed",
dated July 1993, and which shall be known as the Bigelow Cholla
Garden Wilderness.
(3) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, and within the San Bernardino
National Forest, which comprise approximately thirty- nine
thousand one hundred and eighty-five acres, as generally
depicted on a map entitled "Bighorn Mountain Wilderness--
Proposed", dated July 1993, and which shall be known as the
Bighorn Mountain Wilderness.
(4) Certain lands in the California Desert Conservation Area and
the Yuma District, of the Bureau of Land Management, which
comprise approximately forty-seven thousand five hundred and
seventy acres, as generally depicted on a map entitled "Big
Maria Mountains Wilderness--Proposed", dated February 1986, and
which shall be known as the Big Maria Mountains Wilderness.
(5) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
thirteen thousand nine hundred and forty acres, as generally
depicted on a map entitled "Black Mountain Wilderness--
Proposed", dated July 1993, and which shall be known as the
Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately nine
thousand five hundred and twenty acres, as generally depicted on
a map entitled "Bright Star Wilderness-- Proposed", dated
October 1993, and which shall be known as the Bright Star
Wilderness.
(7) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
sixty-eight thousand five hundred and fifteen acres, as
generally depicted on two maps entitled "Bristol Mountains
Wilderness--Proposed 1", and "Bristol Mountains
Wilderness--Proposed 2", dated September 1991, and which shall
be known as Bristol Mountains Wilderness.
(8) Certain lands in the California Desert Conservation Area, of
the Bureau of Land Management, which comprise approximately
thirty-nine thousand seven hundred and forty acres, as generally
depicted on a map entitled "Cadiz Dunes Wilderness-- Proposed",
dated July 1993, and which shall be known as the Cadiz Dunes
Wilderness.
(9) Certain lands in the California Desert Conservation Area and
Eastern San Diego County, of the Bureau of Land Management,
which comprise approximately fifteen thousand seven hundred
acres, as generally depicted on a map entitled "Carrizo Gorge
Wilderness--Proposed", dated February 1986, and which shall be
known as the Carrizo Gorge Wilderness.
(10) Certain lands in the California Desert Conservation Area
and Yuma District, of the Bureau of Land Management, which
comprise approximately sixty-four thousand three hundred and
twenty acres, as generally depicted on a map entitled "Chemehuevi
Mountains Wilderness--Proposed", dated July 1993, and which
shall be known as the Chemehuevi Mountains Wilderness.
(11) Certain lands in the Bakersfield District, of the Bureau of
Land Management, which comprise approximately thirteen thousand
seven hundred acres, as generally depicted on two maps entitled
"Chimney Park Wilderness--Proposed 1" and "Chimney Peak
Wilderness--Proposed 2", dated May 1991, and which shall be
known as the Chimney Peak Wilderness.
(12) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
eighty thousand seven hundred and seventy acres, as generally
depicted on two maps entitled "Chuckwalla Mountains
Wilderness--Proposed 1" and "Chuckwalla Mountains Wilderness--
Proposed 2", dated July 1992, and which shall be known as the
Chuckwalla Mountains Wilderness.
(13) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise thirty- three
thousand nine hundred and eighty acres, as generally depicted on
a map entitled "Cleghorn Lakes Wilderness-- Proposed", dated
July 1993, and which shall be known as the Cleghorn Lakes
Wilderness. The Secretary may, pursuant to an application filed
by the Department of Defense, grant a right-of-way for, and
authorize construction of, a road within the area depicted as "nonwilderness
road corridor" on such map.
(14) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-six thousand acres, as generally depicted on a map
entitled "Clipper Mountain Wilderness--Proposed", dated July
1993, and which shall be known as Clipper Mountain Wilderness.
(15) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
fifty thousand five hundred and twenty acres, as generally
depicted on a map entitled "Coso Range Wilderness-- Proposed",
dated May 1991, and which shall be known as Coso Range
Wilderness.
(16) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seventeen thousand acres, as generally depicted on a map
entitled "Coyote Mountains Wilderness--Proposed", dated July
1993, and which shall be known as Coyote Mountains Wilderness.
(17) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
eight thousand six hundred acres, as generally depicted on a map
entitled "Darwin Falls Wilderness-- Proposed", dated May 1991,
and which shall be known as Darwin Falls Wilderness.
(18) Certain lands in the California Desert Conservation Area
and the Yuma District, of the Bureau of Land Management, which
comprise approximately forty-eight thousand eight hundred and
fifty acres, as generally depicted on a map entitled "Dead
Mountains Wilderness--Proposed", dated October 1991, and which
shall be known as Dead Mountains Wilderness.
(19) Certain lands in the Bakersfield District, of the Bureau of
Land Management, which comprise approximately thirty- six
thousand three hundred acres, as generally depicted on two maps
entitled "Domeland Wilderness Additions--Proposed 1" and "Domeland
Wilderness Additions--Proposed 2", dated February 1986, and
which are hereby incorporated in, and which shall be deemed to
be a part of, the Domeland Wilderness as designated by Public
Laws 93-632 and 98-425.
(20) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-three thousand seven hundred and eighty acres, as
generally depicted on a map entitled "El Paso Mountains
Wilderness--Proposed", dated July 1993, and which shall be known
as the El Paso Mountains Wilderness.
(21) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-five thousand nine hundred and forty acres, as generally
depicted on a map entitled "Fish Creek Mountains
Wilderness--Proposed", dated July 1993, and which shall be known
as Fish Creek Mountains Wilderness.
(22) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-eight thousand one hundred and ten acres, as generally
depicted on a map entitled "Funeral Mountains
Wilderness--Proposed", dated May 1991, and which shall be known
as Funeral Mountains Wilderness.
(23) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-seven thousand seven hundred acres, as generally depicted
on a map entitled "Golden Valley Wilderness-- Proposed", dated
February 1986, and which shall be known as Golden Valley
Wilderness.
(24) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-one thousand six hundred and ninety-five acres, as
generally depicted on a map entitled "Grass Valley
Wilderness--Proposed", dated July 1993, and which shall be known
as the Grass Valley Wilderness.
(25) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-two thousand two hundred and forty acres, as generally
depicted on a map entitled "Hollow Hills Wilderness- Proposed",
dated May 1991, and which shall be known as the Hollow Hills
Wilderness.
(26) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-six thousand four hundred and sixty acres, as generally
depicted on a map entitled "Ibex Wilderness-- Proposed", dated
May 1991, and which shall be known as the Ibex Wilderness.
(27) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-three thousand eight hundred and fifty- five acres, as
generally depicted on a map entitled "Indian Pass
Wilderness--Proposed", dated July 1993, and which shall be known
as the Indian Pass Wilderness.
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(28) Certain lands in the California Desert Conservation Area
and the Bakersfield District, of the Bureau of Land Management,
and within the Inyo National Forest, which comprise
approximately two hundred and five thousand and twenty acres, as
generally depicted on three maps entitled "Inyo Mountains
Wilderness--Proposed 1", "Inyo Mountains Wilderness--Proposed
2", "Inyo Mountains Wilderness--Proposed 3", dated May 1991, and
which shall be known as the Inyo Mountains Wilderness.
(29) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-three thousand six hundred and seventy acres, as
generally depicted on a map entitled "Jacumba
Wilderness--Proposed", dated July 1993, and which shall be known
as the Jacumba Wilderness.
(30) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one hundred and twenty-nine thousand five hundred and eighty
acres, as generally depicted on a map entitled "Kelso Dunes
Wilderness--Proposed 1", dated October 1991, a map entitled
"Kelso Dunes Wilderness--Proposed 2", dated May 1991, and a map
entitled "Kelso Dunes Wilderness--Proposed 3", dated September
1991, and which shall be known as the Kelso Dunes Wilderness.
(31) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, and the Sequoia National
Forest, which comprise approximately eighty-eight thousand two
hundred and ninety acres, as generally depicted on a map
entitled "Kiavah Wilderness--Proposed 1", dated February 1986,
and a map entitled "Kiavah Wilderness--Proposed 2", dated
October 1993, and which shall be known as the Kiavah Wilderness.
(32) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
two hundred nine thousand, six hundred and eight acres, as
generally depicted on four maps entitled "Kingston Range
Wilderness--Proposed 1", "Kingston Range Wilderness--Proposed
2", "Kingston Range Wilderness--Proposed 3", "Kingston Range
Wilderness--Proposed 4", dated July 1993, and which shall be
known as the Kingston Range Wilderness.
(33) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-nine thousand eight hundred and eighty acres, as
generally depicted on a map entitled "Little Chuckwalla
Mountains Wilderness--Proposed", dated July 1993, and which
shall be known as the Little Chuckwalla Mountains Wilderness.
(34) Certain lands in the California Desert Conservation Area
and the Yuma District, of the Bureau of Land Management, which
comprise approximately thirty-three thousand six hundred acres,
as generally depicted on a map entitled "Little Picacho
Wilderness--Proposed", dated July 1993, and which shall be known
as the Little Picacho Wilderness.
(35) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-two thousand three hundred and sixty acres, as generally
depicted on a map entitled "Malpais Mesa Wilderness- Proposed",
dated September 1991, and which shall be known as the Malpais
Mesa Wilderness.
(36) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
sixteen thousand one hundred and five acres, as generally
depicted on a map entitled "Manly Peak Wilderness-- Proposed",
dated October 1991, and which shall be known as the Manly Peak
Wilderness.
(37) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-four thousand two hundred acres, as generally depicted on
a map entitled "Mecca Hills Wilderness-- Proposed", dated July
1993, and which shall be known as the Mecca Hills Wilderness.
(38) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
forty-seven thousand three hundred and thirty acres, as
generally depicted on a map entitled "Mesquite
Wilderness--Proposed", dated May 1991, and which shall be known
as the Mesquite Wilderness.
(39) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-two thousand nine hundred acres, as generally depicted on
a map entitled "Newberry Mountains Wilderness--Proposed", dated
February 1986, and which shall be known as the Newberry
Mountains Wilderness.
(40) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one hundred ten thousand eight hundred and sixty acres, as
generally depicted on a map entitled "Nopah Range
Wilderness--Proposed", dated July 1993, and which shall be known
as the Nopah Range Wilderness.
(41) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-two thousand two hundred and forty acres, as generally
depicted on a map entitled "North Algodones Dunes
Wilderness--Proposed", dated October 1991, and which shall be
known as the North Algodones Dunes Wilderness.
(42) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-five thousand five hundred and forty acres, as generally
depicted on a map entitled "North Mesquite Mountains
Wilderness--Proposed", dated May 1991, and which shall be known
as the North Mesquite Mountains Wilderness.
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(43) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one hundred forty-six thousand and twenty acres, as generally
depicted on a map entitled "Old Woman Mountains
Wilderness--Proposed 1", dated July 1993 and a map entitled "Old
Woman Mountains Wilderness--Proposed 2", dated July 1993, and
which shall be known as the Old Woman Mountains Wilderness.
(44) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
forty thousand seven hundred and thirty-five acres, as generally
depicted on a map entitled "Orocopia Mountains
Wilderness--Proposed", dated July 1993, and which shall be known
as the Orocopia Mountains Wilderness.
(45) Certain lands in the California Desert Conservation Area
and the Bakersfield District, of the Bureau of Land Management,
which comprise approximately seventy-four thousand and sixty
acres, as generally depicted on a map entitled "Owens Peak
Wilderness--Proposed 1", dated February 1986, a map entitled
"Owens Peak Wilderness--Proposed 2", dated March 1994, and a map
entitled "Owens Peak Wilderness--Proposed 3", dated May 1991,
and which shall be known as the Owens Peak Wilderness.
(46) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seventy-four thousand eight hundred acres, as generally depicted
on a map entitled "Pahrump Valley Wilderness--Proposed", dated
February 1986, and which shall be known as the Pahrump Valley
Wilderness.
(47) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
two hundred seventy thousand six hundred and twenty-nine acres,
as generally depicted on a map entitled "Palen/McCoy
Wilderness--Proposed 1", dated July 1993, and a map entitled "Palen/McCoy
Wilderness--Proposed 2", dated July 1993, and which shall be
known as the Palen/McCoy Wilderness.
(48) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-two thousand three hundred and ten acres, as generally
depicted on a map entitled "Palo Verde Mountains
Wilderness--Proposed", dated July 1993, and which shall be known
as the Palo Verde Mountains Wilderness.
(49) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seven thousand seven hundred acres, as generally depicted on a
map entitled "Picacho Peak Wilderness-- Proposed", dated May
1991, and which shall be known as the Picacho Peak Wilderness.
(50) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seventy-two thousand five hundred and seventy- five acres, as
generally depicted on a map entitled "Piper Mountain
Wilderness--Proposed", dated October 1993, and which shall be
known as the Piper Mountain Wilderness.
(51) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-six thousand eight hundred and forty acres, as generally
depicted on a map entitled "Piute Mountains
Wilderness--Proposed", dated July 1993, and which shall be known
as the Piute Mountains Wilderness.
(52) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seventy-eight thousand eight hundred and sixty- eight acres, as
generally depicted on a map entitled "Resting Spring Range
Wilderness--Proposed", dated May 1991, and which shall be known
as the Resting Spring Range Wilderness.
(53) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
forty thousand eight hundred and twenty acres, as generally
depicted on a map entitled "Rice Valley Wilderness--Proposed",
dated May 1991, and which shall be known as the Rice Valley
Wilderness.
(54) Certain lands in the California Desert Conservation Area
and the Yuma District, of the Bureau of Land Management, which
comprise approximately twenty-two thousand three hundred eighty
acres, as generally depicted on a map entitled "Riverside
Mountains Wilderness--Proposed", dated May 1991, and which shall
be known as the Riverside Mountains Wilderness.
(55) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-seven thousand six hundred and ninety acres, as generally
depicted on a map entitled "Rodman Mountains
Wilderness--Proposed", dated October 1994, and which shall be
known as the Rodman Mountains Wilderness.
(56) Certain lands in the California Desert Conservation Area
and the Bakersfield District, of the Bureau of Land Management,
which comprise approximately fifty-one thousand nine hundred
acres, as generally depicted on two maps entitled "Sacatar Trail
Wilderness--Proposed 1" and "Sacatar Trail Wilderness--Proposed
2", dated May 1991, and which shall be known as the Sacatar
Trail Wilderness.
(57) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one thousand four hundred and forty acres, as generally depicted
on a map entitled "Saddle Peak Hills Wilderness--Proposed",
dated July 1993, and which shall be known as the Saddle Peak
Hills Wilderness.
(58) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-seven thousand nine hundred and eighty acres, as
generally depicted on a map entitled "San Gorgonio Wilderness
Additions--Proposed", dated July 1993, and which are hereby
incorporated in, and which shall be deemed to be a part of, the
San Gorgonio Wilderness as designated by Public Laws 88- 577 and
98-425.
(59) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
sixty-four thousand three hundred and forty acres, as generally
depicted on a map entitled "Santa Rosa Wilderness
Additions--Proposed", dated March 1994, and which are hereby
incorporated in, and which shall be deemed to be part of, the
Santa Rosa Wilderness designated by Public Law 98-425.
(60) Certain lands in the California Desert District, of the
Bureau of Land Management, which comprise approximately
thirty-five thousand and eighty acres, as generally depicted on
a map entitled "Sawtooth Mountains Wilderness--Proposed", dated
July 1993, and which shall be known as the Sawtooth Mountains
Wilderness.
(61) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one hundred seventy-four thousand eight hundred acres, as
generally depicted on two maps entitled "Sheephole Valley
Wilderness--Proposed 1", dated July 1993, and "Sheephole Valley
Wilderness--Proposed 2", dated July 1993, and which shall be
known as the Sheephole Valley Wilderness.
(62) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
sixteen thousand seven hundred and eighty acres, as generally
depicted on a map entitled "South Nopah Range
Wilderness--Proposed", dated February 1986, and which shall be
known as the South Nopah Range Wilderness.
(63) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seven thousand and fifty acres, as generally depicted on a map
entitled "Stateline Wilderness--Proposed", dated May 1991, and
which shall be known as the Stateline Wilderness.
(64) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
eighty-one thousand six hundred acres, as generally depicted on
a map entitled "Stepladder Mountains Wilderness--Proposed",
dated February 1986, and which shall be known as the Stepladder
Mountains Wilderness.
(65) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
twenty-nine thousand one hundred and eighty acres, as generally
depicted on a map entitled "Surprise Canyon
Wilderness--Proposed", dated September 1991, and which shall be
known as the Surprise Canyon Wilderness.
(66) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
seventeen thousand eight hundred and twenty acres, as generally
depicted on a map entitled "Sylvania Mountains
Wilderness--Proposed", dated February 1986, and which shall be
known as the Sylvania Mountains Wilderness.
(67) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
thirty-one thousand one hundred and sixty acres, as generally
depicted on a map entitled "Trilobite Wilderness--Proposed",
dated July 1993, and which shall be known as the Trilobite
Wilderness.
(68) Certain lands in the California Desert Conservation Area,
of the Bureau of Land Management, which comprise approximately
one hundred forty-four thousand five hundred acres, as generally
depicted on a map entitled "Turtle Mountains
Wilderness--Proposed 1", dated February 1986 and a map entitled
"Turtle Mountains Wilderness--Proposed 2", dated May 1991, and
which shall be known as the Turtle Mountains Wilderness.
(69) Certain lands in the California Desert Conservation Area
and the Yuma District, of the Bureau of Land Management, which
comprise approximately seventy-seven thousand five hundred and
twenty acres, as generally depicted on a map entitled "Whipple
Mountains Wilderness--Proposed", dated July 1993, and which
shall be known as the Whipple Mountains Wilderness.
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SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.
(a) MANAGEMENT.--Subject to valid existing rights, each
wilderness area designated under section 102 shall be
administered by the Secretary of the Interior (hereinafter in
this Act referred to as the "Secretary") or the Secretary of
Agriculture, as appropriate, in accordance with the provisions
of the Wilderness Act, except that any reference in such
provisions to the effective date of the Wilderness Act shall be
deemed to be a reference to the effective date of this title and
any reference to the Secretary of Agriculture shall be deemed to
be a reference to the Secretary who has administrative
jurisdiction over the area.
(b) MAP AND LEGAL DESCRIPTIONS.--As soon as practicable after
the date of enactment of section 102, the Secretary concerned
shall file a map and legal description for each wilderness area
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives. Each such map and description shall have the
same force and effect as if included in this title, except that
the Secretary or the Secretary of Agriculture, as appropriate,
may correct clerical and typographical errors in each such legal
description and map. Each such map and legal description shall
be on file and available for public inspection in the office of
the Director of the Bureau of Land Management, Department of the
Interior, or the Chief of the Forest Service, Department of
Agriculture, as appropriate.
(c) LIVESTOCK.--Within the wilderness areas designated under
section 102, the grazing of livestock, where established prior
to the date of enactment of this Act, shall be permitted to
continue subject to such reasonable regulations, policies, and
practices as the Secretary deems necessary, as long as such
regulations, policies, and practices fully conform with and
implement the intent of Congress regarding grazing in such areas
as such intent is expressed in the Wilderness Act and section
101(f) of Public Law 101-628.
(d) NO BUFFER ZONES.--The Congress does not intend for the
designation of wilderness areas in section 102 of this title to
lead to the creation of protective perimeters or buffer zones
around any such wilderness area. The fact that nonwilderness
activities or uses can be seen or heard from areas within a
wilderness area shall not, of itself, preclude such activities
or uses up to the boundary of the wilderness area.
(e) FISH AND WILDLIFE.--As provided in section 4(d)(7) of the
Wilderness Act, nothing in this title shall be construed as
affecting the jurisdiction of the State of California with
respect to wildlife and fish on the public lands located in that
State.
(f) FISH AND WILDLIFE MANAGEMENT.-- Management activities to
maintain or restore fish and wildlife populations and the
habitats to support such populations may be carried out within
wilderness areas designated by this title and shall include the
use of motorized vehicles by the appropriate State agencies.
(g) LAW ENFORCEMENT ACCESS.--Nothing in this Act, including the
wilderness designations made by such Act, may be construed to
preclude Federal, State, and local law enforcement agencies from
conducting law enforcement and border operations as permitted
before the date of enactment of this Act, including the use of
motorized vehicles and aircraft, on any lands designated as
wilderness by this Act.
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SEC. 104. WILDERNESS REVIEW.
(a) IN GENERAL.--Except as provided in subsection (b), the
Congress hereby finds and directs that lands in the California
Desert Conservation Area, of the Bureau of Land Management, not
designated as wilderness or wilderness study areas by this Act
have been adequately studied for wilderness designation pursuant
to section 603 of the Federal Land Policy and Management Act of
1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are no longer
subject to the requirement of section 603(c) of the Federal Land
Policy and Management Act of 1976 pertaining to the management
of wilderness study areas in a manner that does not impair the
suitability of such areas for preservation as wilderness.
(b) AREAS NOT RELEASED.--The following areas shall continue to
be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976, pertaining to the
management of wilderness study areas in a manner that does not
impair the suitability of such areas for preservation as
wilderness--
(1) certain lands which comprise approximately sixty-one
thousand three hundred and twenty, as generally depicted on a
map entitled "Avawatz Mountains Wilderness--Proposed", dated May
1991;
(2) certain lands which comprise approximately thirty-nine
thousand seven hundred and fifty acres, as generally depicted on
a map entitled "Kingston Range Wilderness--Proposed 4", dated
July 1993;
(3) certain lands which comprise approximately eighty thousand
four hundred and thirty acres, as generally depicted on two maps
entitled "Soda Mountains Wilderness--Proposed 1", dated May
1991, and "Soda Mountains Wilderness--Proposed 2", dated January
1989;
(4) certain lands which compromise approximately twenty-three
thousand two hundred and fifty acres, as generally depicted on a
map entitled "South Avawatz Mountains--Proposed", dated May
1991;
(5) certain lands which comprise approximately seventeen
thousand two hundred and eighty acres, as generally depicted on
a map entitled "Death Valley National Park Boundary and
Wilderness 17--Proposed", dated July 1993;
(6) certain lands which comprise approximately eight thousand
eight hundred acres, as generally depicted on a map entitled
"Great Falls Basin Wilderness--Proposed", dated February 1986;
and
(7) certain lands which comprise approximately eighty-four
thousand four hundred acres, as generally depicted on a map
entitled "Cady Mountains Wilderness--Proposed", dated July 1993.
(c) WITHDRAWAL.--Subject to valid existing rights, the Federal
lands referred to in subsection (b) are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.
In furtherance of the provisions of the Wilderness Act, certain
lands in the California Desert Conservation Area, of the Bureau
of Land Management, which comprise approximately eleven thousand
two hundred acres as generally depicted on a map entitled "White
Mountains Wilderness Study Area--Proposed", dated May 1991, are
hereby designated as the White Mountains Wilderness Study Area
and shall be administered by the Secretary in accordance with
the provisions of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
SEC. 106. SUITABILITY REPORT.
The Secretary is required, ten years after the date of enactment
of this Act, to report to Congress on current and planned
exploration, development or mining activities on, and
suitability for future wilderness designation of, the lands as
generally depicted on maps entitled "Surprise Canyon
Wilderness--Proposed", "Middle Park Canyon
Wilderness--Proposed", and "Death Valley National Park Boundary
and Wilderness 15", dated September 1991 and a map entitled
"Manly Peak Wilderness--Proposed", dated October 1991.
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SEC. 107. DESERT LILY SANCTUARY.
(a) DESIGNATION.--There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area,
California, of the Bureau of Land Management, comprising
approximately two thousand forty acres, as generally depicted on
a map entitled "Desert Lily Sanctuary", dated February 1986. The
Secretary shall administer the area to provide maximum
protection to the desert lily.
(b) WITHDRAWAL.--Subject to valid existing rights, all Federal
lands within the Desert Lily Sanctuary are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public
land laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.
SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL
CONCERN
(a) DESIGNATION.--There is hereby established the Dinosaur
Trackway Area of Critical Environmental Concern within the
California Desert Conservation Area, of the Bureau of Land
Management, comprising approximately five hundred and ninety
acres as generally depicted on a map entitled "Dinosaur Trackway
Area of Critical Environmental Concern", dated July 1993. The
Secretary shall administer the area to preserve the
paleontological resources within the area.
(b) WITHDRAWAL.--Subject to valid existing rights, the Federal
lands within and adjacent to the Dinosaur Trackway Area of
Critical Environmental Concern, as generally depicted on a map
entitled "Dinosaur Trackway Mineral Withdrawal Area", dated July
1993, are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
thereto.
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SEC. 201. DESIGNATION AND
MANAGEMENT.
(a) DESIGNATION.--In furtherance of the purposes of the
Wilderness Act, the following lands are hereby designated as
wilderness and therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled "Havasu Wilderness--Proposed", and dated October 1991,
and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two maps
entitled "Imperial Refuge Wilderness--Proposed 1" and "Imperial
Refuge Wilderness--Proposed 2", and dated October 1991, and
which shall be known as the Imperial Refuge Wilderness.
(b) MANAGEMENT.--Subject to valid existing rights, the
wilderness areas designated under this title shall be
administered by the Secretary in accordance with the provisions
of the Wilderness Act governing areas designated by that Act as
wilderness, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar reference)
shall be deemed to be a reference to the date of enactment of
this Act.
(c) MAPS AND LEGAL DESCRIPTION.--As soon as practicable after
enactment of this title, the Secretary shall file a map and a
legal description of each wilderness area designated under this
section with the Committees on Energy and Natural Resources and
Environment and Public Works of the United States Senate and
Natural Resources and Merchant Marine and Fisheries of the
United States House of Representatives. Such map and description
shall have the same force and effect as if included in this Act,
except that correction of clerical and typographical errors in
such legal description and map may be made. Such map and legal
description shall be on file and available for public inspection
in the Office of the Director, United States Fish and Wildlife
Service, Department of the Interior.
SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.
Nothing in this title shall be construed to affect the operation
of federally owned dams located on the Colorado River in the
Lower Basin.
SEC. 203. NO EFFECT ON UPPER BASIN.
Nothing in this Act shall amend, construe, supersede, or preempt
any State law, Federal law, interstate compact, or international
treaty pertaining to the Colorado River (including its
tributaries) in the Upper Basin, including, but not limited to
the appropriation, use, development, storage, regulation,
allocation, conservation, exportation, or quality of those
rivers.
SEC. 204. COLORADO RIVER.
With respect to the Havasu and Imperial wilderness areas
designated by subsection 201(a) of this title, no rights to
water of the Colorado River are reserved, either expressly,
impliedly, or otherwise.
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TITLE III--DEATH VALLEY NATIONAL PARK
SEC. 301. FINDINGS.
The Congress hereby finds that--
(1) proclamations by Presidents Herbert Hoover in 1933 and
Franklin Roosevelt in 1937 established and expanded the Death
Valley National Monument for the preservation of the unusual
features of scenic, scientific, and educational interest therein
contained;
(2) Death Valley National Monument is today recognized as a
major unit of the National Park System, having extraordinary
values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's exclude
and thereby expose to incompatible development and inconsistent
management, contiguous Federal lands of essential and
superlative natural, ecological, geological, archeological,
paleontological, cultural, historical ad wilderness values;
(4) Death Valley National Monument should be substantially
enlarged by the addition of all contiguous Federal lands of
national park caliber and afforded full recognition and
statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum
statutory protection by designation pursuant to the Wilderness
Act.
SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.
There is hereby established the Death Valley National Park
(hereinafter in this title referred to as the "park") as
generally depicted on twenty-three maps entitled "Death Valley
National Park Boundary and Wilderness--Proposed", numbered in
the title one through twenty-three, and dated July 1993 or
prior, which shall be on file and available for public
inspection in the offices of the Superintendent of the park and
the Director of the National Park Service, Department of the
Interior. The Death Valley National Monument is hereby abolished
as such, the lands and interests therein are hereby incorporated
within and made part of the new Death Valley National Park, and
any funds available for purposes of the monument shall be
available for purposes of the park.
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SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted in the maps described in section 302 of this title,
without consideration, to the administrative jurisdiction of the
National Park Service for administration as part of the National
Park System, and the boundary of the park shall be adjusted
accordingly. The Secretary shall administer the areas added to
the park by this title in accordance with the provisions of law
generally applicable to units of the National Park System,
including the Act entitled "An Act to establish a National Park
Service, and for other purposes", approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2-4).
SEC. 304. MAPS AND LEGAL DESCRIPTION.
Within six months after the enactment of this title, the
Secretary shall file maps and a legal description of the park
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have the
same force and effect as if included in this title, except that
the Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
302. The maps and legal description shall be on file and
available for public inspection in the offices of the
Superintendent of the park and the Director of the National Park
Service, Department of the Interior.
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SEC. 305. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
thereto.
SEC. 306. GRAZING.
(a) IN GENERAL.--The privilege of grazing domestic livestock on
lands within the park shall continue to be exercised at no more
than the current level, subject to applicable laws and National
Park Service regulations.
(b) SALE OF PROPERTY.--If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such
permittee is willing to convey to the United States any base
property with respect to which such permit was issued and to
which such permittee holds title, the Secretary shall make the
acquisition of such base property a priority as compared with
the acquisition of other lands within the park, provided
agreement can be reached concerning the terms and conditions of
such acquisition. Any such base property which is located
outside the park and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible for
the majority of the adjacent lands in accordance with the laws
applicable to such adjacent lands.
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SEC. 307. DEATH VALLEY NATIONAL PARK ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of no
more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised
comprehensive management plan for Death Valley National Park.
(b)
(1) The advisory commission shall include an elected official
for each County within which any part of the park is located, a
representative of the owners of private properties located
within or immediately adjacent to the park, and other members
representing persons actively engaged in grazing and range
management, mineral exploration and development, and persons
with expertise in relevant fields, including geology, biology,
ecology, law enforcement, and the protection and management of
National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the
Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
SEC. 308. BOUNDARY ADJUSTMENT.
In preparing the maps and legal descriptions required by
sections 304 and 602 of this Act, the Secretary shall adjust the
boundaries of the Death Valley National Park and Death Valley
National Park Wilderness so as to exclude from such National
Park and Wilderness the lands generally depicted on the map
entitled "Porter Mine (Panamint Range) Exclusion Area" dated
June 1994.
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TITLE IV--JOSHUA TREE NATIONAL PARK
SEC. 401. FINDINGS.
The Congress finds that--
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized as a major
unit of the National Park System, having extraordinary values
enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and 1961 exclude
and thereby expose to incompatible development and inconsistent
management, contiguous Federal lands of essential and
superlative natural, ecological, archeological, paleontological,
cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged by the
addition of contiguous Federal lands of national park caliber,
and afforded full recognition and statutory protection as a
National Park; and
(5) the nondesignated wilderness within Joshua Tree should
receive statutory protection by designation pursuant to the
Wilderness Act.
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SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.
There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the "park"), as
generally depicted on a map entitled "Joshua Tree National Park
Boundary--Proposed", dated May 1991, and four maps entitled
"Joshua Tree National Park Boundary and Wilderness", numbered in
the title one through four, and dated October 1991 or prior,
which shall be on file and available for public inspection in
the offices of the Superintendent of the park and the Director
of the National Park Service, Department of the Interior. The
Joshua Tree National Monument is hereby abolished as such, the
lands and interests therein are hereby incorporated within and
made part of the new Joshua Tree National Park, and any funds
available for purposes of the monument shall be available for
purposes of the park.
SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted on the maps described in section 402 of this title,
without consideration, to the administrative jurisdiction of the
National Park Service for administration as part of the National
Park System. The boundaries of the park shall be adjusted
accordingly. The Secretary shall administer the areas added to
the park by this title in accordance with the provisions of law
generally applicable to units of the National Park System,
including the Act entitled "An Act to establish a National Park
Service, and for other purposes", approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2-4).
SEC. 404. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this title, the
Secretary shall file maps and legal description of the park with
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives. Such maps and legal
description shall have the same force and effect as if included
in this title, except that the Secretary may correct clerical
and typographical errors in such legal description and maps. The
maps and legal description shall be on file and available for
public inspection in the appropriate offices of the National
Park Service, Department of the Interior.
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SEC. 405. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
thereto.
SEC. 406. UTILITY RIGHTS-OF-WAY.
Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities in such right-of-way, issued,
granted, or permitted to the Metropolitan Water District
pursuant to the Boulder Canyon Project Act (43 U.S.C. 617-619b),
which is located on lands included in the Joshua Tree National
Park, but outside lands designated as wilderness under section
601(a)(2). Such activities shall be conducted in a manner which
will minimize the impact on park resources. Nothing in this
title shall have the effect of terminating the fee title to
lands or customary operation, maintenance, repair, and
replacement activities on or under such lands granted to the
Metropolitan Water District pursuant to the Act of June 18, 1932
(47 Stat. 324), which are located on lands included in the
Joshua Tree National Park, but outside lands designated as
wilderness under section 601(a)(2). Such activities shall be
conducted in a manner which will minimize the impact on park
resources. The Secretary shall prepare within one hundred and
eighty days after the date of enactment of this Act, in
consultation with the Metropolitan Water District, plans for
emergency access by the Metropolitan Water District to its lands
and rights-of-way.
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SEC. 407. JOSHUA TREE NATIONAL PARK ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of no
more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised
comprehensive management plan for Joshua Tree National Park.
(b)
(1) The advisory commission shall include an elected official
for each County within which any part of the park is located, a
representative of the owners of private properties located
within or immediately adjacent to the park, and other members
representing persons actively engaged in grazing and range
management, mineral exploration and development, and persons
with expertise in relevant fields, including geology, biology,
ecology, law enforcement, and the protection and management of
National Park resources and values.
(2) Vacancies in the advisory commission shall be filled by the
Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
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TITLE V--MOJAVE NATIONAL PRESERVE
SEC. 501. FINDINGS.
The Congress hereby finds that--
(1) Death Valley and Joshua Tree National Parks, as established
by this Act, protect unique and superlative desert resources,
but do not embrace the particular ecosystems and transitional
desert type found in the Mojave Desert area lying between them
on public lands now afforded only impermanent administrative
designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting statutory
designation and recognition as a unit of the National Park
System;
(3) the Mojave Desert area should be afforded full recognition
and statutory protection as a national preserve;
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding opportunity
to develop services, programs, accommodations and facilities to
ensure the use and enjoyment of the area by individuals with
disabilities, consistent with section 504 of the Rehabilitation
Act of 1973, Public Law 101-336, the Americans With Disabilities
Act of 1990 (42 U.S.C. 12101), and other appropriate laws and
regulations.
SEC. 502. ESTABLISHMENT OF THE MOJAVE NATIONAL PRESERVE.
There is hereby established the Mojave National Preserve,
comprising approximately one million four hundred nineteen
thousand eight hundred acres, as generally depicted on a map
entitled "Mojave National Park Boundary--Proposed", dated May
17, 1994, which shall be on file and available for inspection in
the appropriate offices of the Director of the National Park
Service, Department of the Interior.
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SEC. 503. TRANSFER OF LANDS.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted on the maps described in section 502 of this title,
without consideration, to the administrative jurisdiction of the
Director of the National Park Service. The boundaries of the
public lands shall be adjusted accordingly.
SEC. 504. MAPS AND LEGAL DESCRIPTION.
Within six months after the date of enactment of this title, the
Secretary shall file maps and a legal description of the
preserve designated under this title with the Committee on
Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives. Such maps and legal description shall have the
same force and effect as if included in this title, except that
the Secretary may correct clerical and typographical errors in
such legal description and in the maps referred to in section
502. The maps and legal description shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior.
SEC. 505. ABOLISHMENT OF SCENIC AREA.
The East Mojave National Scenic Area, designated on January 13,
1981 (46 FR 3994), and modified on August 9, 1983 (48 FR 36210),
is hereby abolished.
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SEC. 506. ADMINISTRATION OF LANDS.
(a) The Secretary shall administer the preserve in accordance
with this title and with the provisions of law generally
applicable to units of the National Park System, including the
Act entitled "An Act to establish a National Park Service, and
for other purposes", approved August 25, 1916 (39 Stat. 535; 16
U.S.C. 1, 2-4).
(b) The Secretary shall permit hunting, fishing, and trapping on
lands and waters within the preserve designated by this Act in
accordance with applicable Federal and State laws except that
the Secretary may designate areas where, and establish periods
when, no hunting, fishing, or trapping will be permitted for
reasons of public safety, administration, or compliance with
provisions of applicable law. Except in emergencies, regulations
closing areas to hunting, fishing, or trapping pursuant to this
subsection shall be put into effect only after consultation with
the appropriate State agency having responsibility for fish and
wildlife. Nothing in this Act shall be construed as affecting
the jurisdiction or responsibilities of the States with respect
to fish and wildlife on Federal lands and waters covered by this
title nor shall anything in this Act be construed as authorizing
the Secretary concerned to require a Federal permit to hunt,
fish, or trap on Federal lands and waters covered by this title.
SEC. 507. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the
preserve are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
thereto.
SEC. 508. REGULATION OF MINING.
Subject to valid existing rights, all mining claims located
within the preserve shall be subject to all applicable laws and
regulations applicable to mining within units of the National
Park System, including the Mining in the Parks Act (16 U.S.C.
1901 et seq.), and any patent issued after the date of enactment
of this title shall convey title only to the minerals together
with the right to use the surface of lands for mining purposes,
subject to such laws and regulations.
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SEC. 509. STUDY AS TO VALIDITY OF MINING CLAIMS.
(a) The Secretary shall not approve any plan of operation prior
to determining the validity of the unpatented mining claims,
mill sites, and tunnel sites affected by such plan within the
preserve and shall submit to Congress recommendations as to
whether any valid or patented claims should be acquired by the
United States, including the estimated acquisition costs of such
claims, and a discussion of the environmental consequences of
the extraction of minerals from these lands.
(b)
(1) Notwithstanding any other provision of law, the Secretary
shall permit the holder or holders of mining claims identified
on the records of the Bureau of Land Management as Volco #A CAMC
105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC
80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC
78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer
78332, to continue exploration and development activities on
such claims for a period of two years after the date of
enactment of this title, subject to the same regulations as
applied to such activities on such claims on the day before such
date of enactment.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims
specified in such paragraph, the Secretary shall determine
whether there has been a discovery of valuable minerals on such
claims and whether, if such discovery had been made on or before
July 1, 1994, such claims would have been valid as of such date
under the mining laws of the United States in effect on such
date.
(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in
paragraph (1), the holder or holders of such claims shall be
permitted to continue to operate such claims subject only to
such regulations as applied on July 1, 1994 to the exercise of
valid existing rights on patented mining claims within a unit of
the National Park System.
SEC. 510. GRAZING.
(a) The privilege of grazing domestic livestock on lands within
the preserve shall continue to be exercised at no more than the
current level, subject to applicable laws and National Park
Service regulations.
(b) If a person holding a grazing permit referred to in
subsection (a) informs the Secretary that such permittee is
willing to convey to the United States any base property with
respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the acquisition
of such base property a priority as compared with the
acquisition of other lands within the preserve, provided
agreement can be reached concerning the terms and conditions of
such acquisition. Any such base property which is located
outside the preserve and acquired as a priority pursuant to this
section shall be managed by the Federal agency responsible for
the majority of the adjacent lands in accordance with the laws
applicable to such adjacent lands.
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SEC. 511. UTILITY RIGHTS OF WAY.
(a)
(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation,
maintenance, repair, and replacement activities in such
right-of- way, issued, granted, or permitted to Southern
California Edison Company, its successors or assigns, which is
located on lands included in the Mojave National Preserve, but
outside lands designated as wilderness under section 601(a)(3).
Such activities shall be conducted in a manner which will
minimize the impact on preserve resources.
(2) Nothing in this title shall have the effect of prohibiting
the upgrading of an existing electrical transmission line for
the purpose of increasing the capacity of such transmission line
in the Southern California Edison Company validly issued
Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo
Transmission Line right-of-way, or in a right-of-way if issued,
granted, or permitted by the Secretary adjacent to the existing
Mojave-Lugo Transmission Line right-of-way (hereafter in this
section referred to as "adjacent right-of-way"), including
construction of a replacement transmission line: Provided,
That--
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the "Eldorado rights-
of-way") at no time shall there be more than three electrical
transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way (hereafter
in this section referred to as the "Mojave right- of- way") and
adjacent right-of-way, removal of the existing electrical
transmission line and reclamation of the site shall be completed
no later than three years after the date on which construction
of the upgraded transmission line begins, after which time there
may be only one electrical transmission line in the lands
encompassed by Mojave right-of-way and adjacent right- of-way;
(C) if there are no more than two electrical transmission lines
in the Eldorado rights-of-way, two electrical transmission lines
in the lands encompassed by the Mojave right-of-way and adjacent
right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way no
additional land shall be issued, granted, or permitted for such
upgrade unless an addition would reduce the impacts to preserve
resources;
(E) no more than 350 feet of additional land shall be issued,
granted, or permitted for an adjacent right-of-way to the south
of the Mojave right-of-way unless a greater addition would
reduce the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will minimize
the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this title, in consultation
with the Southern California Edison Company, plans for emergency
access by the Southern California Edison Company to its
rights-of-way.
(b)
(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way, or customary operation,
maintenance, repair, and replacement activities in such
right-of- way; prohibiting the upgrading of and construction on
existing facilities in such right-of-way for the purpose of
increasing the capacity of the existing pipeline; or prohibiting
the renewal of such right- of- way issued, granted, or permitted
to the Southern California Gas Company, its successors or
assigns, which is located on lands included in the Mojave
National Preserve, but outside lands designated as wilderness
under section 601(a)(3). Such activities shall be conducted in a
manner which will minimize the impact on preserve resources.
(2) The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this title, in consultation
with the Southern California Gas Company, plans for emergency
access by the Southern California Gas Company to its
rights-of-way.
(c) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation,
maintenance, repair, and replacement activities of existing
facilities issued, granted, or permitted for communications
cables or lines, which are located on lands included in the
Mojave National Preserve, but outside lands designated as
wilderness under section 601(a)(3). Such activities shall be
conducted in a manner which will minimize the impact on preserve
resources.
(d) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation,
maintenance, repair, and replacement activities of existing
facilities issued, granted, or permitted to Molybdenum
Corporation of America; Molycorp, Incorporated; or Union Oil
Company of California (d/b/a Unocal Corporation); or its
successors or assigns, or prohibiting renewal of such
right-of-way, which is located on lands included in the Mojave
National Preserve, but outside lands designated as wilderness
under section 601(a)(3). Such activities shall be conducted in a
manner which will minimize the impact on preserve resources.
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SEC. 512. PREPARATION OF MANAGEMENT PLAN.
Within three years after the date of enactment of this title,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives a detailed and comprehensive management plan for
the preserve. Such plan shall place emphasis on historical and
cultural sites and ecological and wilderness values within the
boundaries of the preserve. Such plan shall evaluate the
feasibility of using the Kelso Depot and existing railroad
corridor to provide public access to and a facility for special
interpretive, educational, and scientific programs within the
preserve. Such plan shall specifically address the needs of
individuals with disabilities in the design of services,
programs, accommodations and facilities consistent with section
504 of the Rehabilitation Act of 1973, Public Law 101-336, the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101), and
other appropriate laws and regulations.
SEC. 513. GRANITE MOUNTAINS NATURAL RESERVE.
(a) ESTABLISHMENT.--There is hereby designated the Granite
Mountains Natural Reserve within the preserve comprising
approximately nine thousand acres as generally depicted on a map
entitled "Mojave National Park Boundary and Wilderness--Proposed
6", dated May 1991.
(b) COOPERATIVE MANAGEMENT AGREEMENT.--Upon enactment of this
title, the Secretary shall enter into a cooperative management
agreement with the University of California for the purposes of
managing the lands within the Granite Mountains Natural Reserve.
Such cooperative agreement shall ensure continuation of arid
lands research and educational activities of the University of
California, consistent with the provisions of this title and
laws generally applicable to units of the National Park System.
SEC. 514. SODA SPRINGS DESERT STUDY CENTER.
Upon enactment of this title, the Secretary shall enter into a
cooperative management agreement with California State
University for the purposes of managing facilities at the Soda
Springs Desert Study Center. Such cooperative agreement shall
ensure continuation of the desert research and educational
activities of California State University, consistent with the
provisions of this title and laws generally applicable to units
of the National Park System.
SEC. 515. CONSTRUCTION OF VISITOR CENTER.
The Secretary is authorized to construct a visitor center in the
preserve for the purpose of providing information through
appropriate displays, printed material, and other interpretive
programs, about the resources of the preserve.
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SEC. 516. ACQUISITION OF LANDS.
The Secretary is authorized to acquire all lands and interest in
lands within the boundary of the preserve by donation, purchase,
or exchange, except that--
(1) any lands or interests therein within the boundary of the
preserve which are owned by the State of California, or any
political subdivision thereof, may be acquired only by donation
or exchange except for lands managed by the California State
Lands Commission; and
(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of California or any
political subdivision thereof may be acquired only with the
consent of the owner thereof unless the Secretary determines,
after written notice to the owner and after opportunity for
comment, that the property is being developed, or proposed to be
developed, in a manner which is detrimental to the integrity of
the preserve or which is otherwise incompatible with the
purposes of this title: Provided, however, That the
construction, modification, repair, improvement, or replacement
of a single- family residence shall not be determined to be
detrimental to the integrity of the preserve or incompatible
with the purposes of this title.
SEC. 517. ACQUIRED LANDS TO BE MADE PART OF MOJAVE NATIONAL
PRESERVE.
Any lands acquired by the Secretary under this title shall
become part of the Mojave National Preserve.
SEC. 518. MOJAVE NATIONAL PRESERVE ADVISORY COMMISSION.
(a) The Secretary shall establish an Advisory Commission of no
more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised
comprehensive management plan for the Mojave National Preserve.
(b)
(1) The advisory commission
shall include an elected official for each County within which
any part of the preserve is located, a representative of the
owners of private properties located within or immediately
adjacent to the preserve, and other members representing persons
actively engaged in grazing and range management, mineral
exploration and development, and persons with expertise in
relevant fields, including geology, biology, ecology, law
enforcement, and the protection and management of National Park
resources and values.
(2) Vacancies in the advisory commission shall be filled by the
Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years after
the date of its establishment.
SEC. 519. NO ADVERSE AFFECT ON LAND UNTIL ACQUIRED.
Unless and until acquired by the United States, no lands within
the boundaries of wilderness areas or National Park System units
designated or enlarged by this Act that are owned by any person
or entity other than the United States shall be subject to any
of the rules or regulations applicable solely to the Federal
lands within such boundaries and may be used to the extent
allowed by applicable law. Neither the location of such lands
within such boundaries nor the possible acquisition of such
lands by the United States shall constitute a bar to the
otherwise lawful issuance of any Federal license or permit other
than a license or permit related to activities governed by 16
U.(c). Nothing in this section shall be construed as affecting
the applicability of any provision of the Mining in the Parks
Act (16 U.S.C. 1901 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), or regulations applicable to oil and gas development
as set forth in 36 CFR 9B.
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TITLE VI--NATIONAL PARK SYSTEM WILDERNESS
SEC. 601. DESIGNATION OF
WILDERNESS.
(a) In furtherance of the purposes of the Wilderness Act (78
Stat. 890; 16 U.S.C. 1311 et seq.), the following lands within
the units of the National Park System designated by this Act are
hereby designated as wilderness, and therefore, as components of
the National Wilderness Preservation System:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred fifty-eight thousand
thirty-eight acres, as generally depicted on twenty-three maps
entitled "Death Valley National Park Boundary and Wilderness",
numbered in the title one through twenty-three, and dated
October 1993 or prior, and three maps entitled "Death Valley
National Park Wilderness", numbered in the title one through
three, and dated July 1993 or prior, and which shall be known as
the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions, comprising
approximately one hundred thirty-one thousand seven hundred and
eighty acres, as generally depicted on four maps entitled
"Joshua Tree National Park Boundary and Wilderness-- Proposed",
numbered in the title one through four, and dated October 1991
or prior, and which are hereby incorporated in, and which shall
be deemed to be a part of the Joshua Tree Wilderness as
designated by Public Law 94-567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-five thousand two hundred
acres, as generally depicted on ten maps entitled "Mojave
National Park Boundary and Wilderness--Proposed", and numbered
in the title one through ten, and dated March 1994 or prior, and
seven maps entitled "Mojave National Park Wilderness--Proposed",
numbered in the title one through seven, and dated March 1994 or
prior, and which shall be known as the Mojave Wilderness.
(b) POTENTIAL WILDERNESS.--Upon cessation of all uses prohibited
by the Wilderness Act and publication by the Secretary in the
Federal Register of notice of such cessation, potential
wilderness, comprising approximately six thousand eight hundred
and forty acres, as described in "1988 Death Valley National
Monument Draft General Management Plan Draft Environmental
Impact Statement" (hereafter in this title referred to as "Draft
Plan") and as generally depicted on map in the Draft Plan
entitled "Wilderness Plan Death Valley National Monument", dated
January 1988, and which shall be deemed to be a part of the
Death Valley Wilderness as designated in paragraph (a)(1). Lands
identified in the Draft Plan as potential wilderness shall be
managed by the Secretary insofar as practicable as wilderness
until such time as said lands are designated as wilderness.
SEC. 602. FILING OF MAPS AND DESCRIPTIONS.
Maps and a legal description of the boundaries of the areas
designated in section 601 of this title shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior. As soon
as practicable after the date of enactment of this title, maps
and legal descriptions of the wilderness areas shall be filed
with the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives, and such maps and legal
descriptions shall have the same force and effect as if included
in this title, except that the Secretary may correct clerical
and typographical errors in such maps and legal descriptions.
SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.
The areas designated by section 601 of this title as wilderness
shall be administered by the Secretary in accordance with the
applicable provisions of the Wilderness Act governing areas
designated by that title as wilderness, except that any
reference in such provision to the effective date of the
Wilderness Act shall be deemed to be a reference to the
effective date of this title, and where appropriate, and
reference to the Secretary of Agriculture shall be deemed to be
a reference to the Secretary of the Interior.
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TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. TRANSFER OF LANDS
TO RED ROCK CANYON STATE PARK.
Upon enactment of this title, the Secretary shall transfer to
the State of California certain lands within the California
Desert Conservation Area, California, of the Bureau of Land
Management, comprising approximately twenty thousand five
hundred acres, as generally depicted on two maps entitled "Red
Rock Canyon State Park Additions 1" and "Red Rock Canyon State
Park Additions 2", dated May 1991, for inclusion in the State of
California Park System. Should the State of California cease to
manage these lands as part of the State Park System, ownership
of the lands shall revert to the Department of the Interior to
be managed as part of California Desert Conservation Area to
provide maximum protection for the area's scenic and scientific
values.
SEC. 702. LAND TENURE ADJUSTMENTS.
In preparing land tenure adjustment decisions with the
California Desert Conservation Area, of the Bureau of Land
Management, the Secretary shall give priority to consolidating
Federal ownership within the national park units and wilderness
areas designated by this Act.
SEC. 703. LAND DISPOSAL.
Except as provided in section 406 of this Act, none of the lands
within the boundaries of the wilderness or park areas designated
under this Act shall be granted to or otherwise made available
for use by the Metropolitan Water District or any other agencies
or persons pursuant to the Boulder Canyon Project Act (43 U.S.C.
617-619b) or any similar Acts.
SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.
Any lands within the boundaries of a wilderness area designated
under this Act which are acquired by the Federal Government,
shall become part of the wilderness area within which they are
located and shall be managed in accordance with all the
provisions of this Act and other laws applicable to such
wilderness area.
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SEC.
705. NATIVE AMERICAN USES AND INTERESTS.
(a) ACCESS.--In recognition of the past use of the National Park
System units and wilderness areas designed under this Act by
Indian people for traditional cultural and religious purposes,
the Secretary shall ensure access to such park system units and
wilderness areas by Indian people for such traditional cultural
and religious purposes. In implementing this section, the
Secretary, upon the request of an Indian tribe or Indian
religious community, shall temporarily close to the general
public use of one or more specific portions of the park system
unit or wilderness area in order to protect the privacy of
traditional cultural and religious activities in such areas by
Indian people. Any such closure shall be made to affect the
smallest practicable area for the minimum period necessary for
such purposes. Such access shall be consistent with the purpose
and intent of Public Law 95-341 (42 U.S.C. 1996) commonly
referred to as the "American Indian Religious Freedom Act", and
with respect to areas designated as wilderness, the Wilderness
Act (78 Stat. 890; 16 U.S.C. 1131).
(b) STUDY.
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SEC. 706. FEDERAL RESERVED WATER RIGHTS.
(a) Except as otherwise provided in section 204 of this Act,
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.
(b) The Secretary and all other officers of the United States
shall take all steps necessary to protect the rights reserved by
this section, 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 in
accordance with section 208 of the Act of July 10, 1952 (66
Stat. 560, 43 U.S.C. 666), commonly referred to as the McCarran
Amendment.
(c) 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.
(d) The Federal water rights reserved by this Act are specific
to the wilderness area located in the State of California
designated under 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.
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SEC. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) NEGOTIATIONS TO EXCHANGE.--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 to exchange Federal lands or
interests therein on the list referred to in subsection (b)(2)
for California State School lands or interests therein which are
located within the boundaries of one or more of the wilderness
areas or park system units designated by this Act (hereinafter
in this section referred to as "State School lands."). The
Secretary shall negotiate in good faith to reach a land exchange
agreement consistent with the requirements of section 206 of the
Federal Land Policy and Management Act of 1976.
(b) PREPARATION OF LIST.--Within six months after the date of
enactment of this Act, the Secretary shall send to the
Commission and to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Natural
Resources of the United States House of Representatives a list
of the following:
(1) State School lands or interests therein (including mineral
interests) which are located within the boundaries of the
wilderness areas or park system units designated by this Act.
(2) Lands within the State of California under the jurisdiction
of the Secretary that the Secretary determines to be suitable
for disposal for exchange, identified in the following
priority--
(A) lands with mineral interests, including geothermal, which
have the potential for commercial development but which are not
currently under mineral lease or producing Federal mineral
revenues;
(B) Federal claims in California managed by the Bureau of
Reclamation that the Secretary determines are not needed for any
Bureau of Reclamation project; and
(C) any public lands in California that the Secretary, pursuant
to the Federal Land Policy and Management Act of 1976, has
determined to be suitable for disposal through exchange.
(3) Any other Federal land, or interest therein, within the
State of California, which is or becomes surplus to the needs of
the Federal Government. The Secretary may exclude, in the
Secretary's discretion, lands located within, or contiguous to,
the exterior boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall annually
transmit such list to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives
until all of the State School lands identified in paragraph (1)
have been acquired.
(c) DISPOSAL OF SURPLUS FEDERAL PROPERTY.
(1) Effective upon the date of enactment of this title and until
all State School lands identified in paragraph (b)(1) of this
section are acquired, no Federal lands or interests therein
within the State of California may be disposed of from Federal
ownership unless:
(A) the Secretary is notified of the availability of such lands
or interest therein;
(B) the Secretary has notified the Commission of the
availability of such lands or interests therein for exchange;
and
(C) the Commission has not notified the Secretary within six
months that it wishes to consider entering into an exchange for
such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes to
consider an exchange for such lands or interests therein, the
Secretary shall attempt to conclude such exchange in accordance
with the provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission,
then upon notice to the head of the agency having administrative
jurisdiction over such lands or interests therein, the Secretary
shall be vested with administrative jurisdiction over such land
or interests therein for the purpose of concluding such
exchange.
(4) Upon the acquisition of all State School lands or upon
notice by the Commission to the Secretary that it no longer has
an interest in such lands or interests therein, such lands or
interests shall be released to the agency that originally had
jurisdiction over such lands or interests for disposal in
accordance with the laws otherwise applicable to such lands or
interests.
(d) NO EFFECT ON MILITARY BASE CLOSURES.--The provisions of this
section shall not apply to the disposal of property under title
II of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 102 Stat. 2627; 10 U.S.C.
2687 note) or the Defense Base Closure and Realignment Act of
1990 (Public Law 101-510; 104 Stat. 1808; 10 U.S.C. 2687 note).
SEC. 708. ACCESS TO PRIVATE PROPERTY.
The Secretary shall provide adequate access to nonfederally
owned land or interests in land within the boundaries of the
conservation units and wilderness areas designated by this Act
which will provide the owner of such land or interest the
reasonable use and enjoyment thereof.
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SEC. 709. FEDERAL FACILITIES FEE EQUITY.
(a) POLICY STATEMENT.--It is the intent of Congress that
entrance, tourism or recreational use fees for use of Federal
lands and facilities not discriminate against any State or any
region of the country.
(b) FEE STUDY.--The Secretary, in cooperation with other
affected agencies, shall prepare and submit a report by May 1,
1996 to the Committee on Energy and Natural Resources of the
United States Senate, the Committee on Natural Resources of the
United States House of Representatives, and any other relevant
committees, which shall--
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for entrance,
recreational or tourism use, if any, on Federal lands or
facilities in a State or region, individually and collectively.
(c) RECOMMENDATIONS.--Following completion of the report in
subsection (b), the Secretary, in cooperation with other
affected agencies, shall prepare and submit a report by May 1,
1997 to the Committee on Energy and Natural Resources of the
United States Senate, the Committee on Natural Resources of the
United States House of Representatives, and any other relevant
committees, which shall contain recommendations which the
Secretary deems appropriate for implementing the congressional
intent outlined in subsection (a).
SEC. 710. LAND APPRAISAL.
Lands and interests in lands acquired pursuant to this Act shall
be appraised without regard to the presence of a species listed
as threatened or endangered pursuant to the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 711. DEFINITION.
Any reference to the term "this Act" in titles I through IX
shall be deemed to be solely a reference to sections 1 and 2,
and titles I through IX.
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TITLE VIII--MILITARY LANDS AND OVERFLIGHTS
SEC. 801. SHORT TITLE AND
FINDINGS.
(a) SHORT TITLE.--This title may be cited as the "California
Military Lands Withdrawal and Overflights Act of 1994".
(b) FINDINGS.--The Congress finds that--
(1) military aircraft testing and training activities as well as
demilitarization activities in California are an important part
of the national defense system of the United States, and are
essential in order to secure for the American people of this and
future generations an enduring and viable national defense
system;
(2) the National Park System units and wilderness areas
designated by this Act lie within a region critical to providing
training, research, and development for the Armed Forces of the
United States and its allies;
(3) there is a lack of alternative sites available for these
military training, testing, and research activities;
(4) continued use of the lands and airspace in the California
desert region is essential for military purposes; and
(5) continuation of these military activities, under appropriate
terms and conditions, is not incompatible with the protection
and proper management of the natural, environmental, cultural,
and other resources and values of the Federal lands in the
California desert area.
SEC. 802. MILITARY OVERFLIGHTS.
(a) OVERFLIGHTS.--Nothing in this Act, the Wilderness Act, or
other land management laws generally applicable to the new units
of the National Park or Wilderness Preservation Systems (or any
additions to existing units) designated by this Act, shall
restrict or preclude low-level overflights of military aircraft
over such units, including military overflights that can be seen
or heard within such units.
(b) SPECIAL AIRSPACE.--Nothing in this Act, the Wilderness Act,
or other land management laws generally applicable to the new
units of the National Park or Wilderness Preservation Systems
(or any additions to existing units) designated by this Act,
shall restrict or preclude the designation of new units of
special airspace or the use or establishment of military flight
training routes over such new park system or wilderness units.
(c) NO EFFECT ON OTHER LAWS.--Nothing in this section shall be
construed to modify, expand, or diminish any authority under
other Federal law.
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SEC. 803. WITHDRAWALS.
(a) CHINA LAKE.--
(1) Subject to valid existing rights and except as otherwise
provided in this title, the Federal lands referred to in
paragraph (2), and all other areas within the boundary of such
lands as depicted on the map specified in such paragraph which
may become subject to the operation of the public land laws, are
hereby withdrawn from all forms of appropriation under the
public land laws (including the mining laws and the mineral
leasing laws). Such lands are reserved for use by the Secretary
of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support;
(D) geothermal leasing and development and related power
production activities; and
(E) subject to the requirements of section 804(f) of this title,
other defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
located within the boundaries of the China Lake Naval Weapons
Center, comprising approximately one million one hundred
thousand acres in Inyo, Kern, and San Bernardino Counties,
California, as generally depicted on a map entitled "China Lake
Naval Weapons Center Withdrawal--Proposed", dated January 1985.
(b) CHOCOLATE MOUNTAIN.--
(1) Subject to valid existing rights and except as otherwise
provided in this title, the Federal lands referred to in
paragraph (2), and all other areas within the boundary of such
lands as depicted on the map specified in such paragraph which
may become subject to the operation of the public land laws, are
hereby withdrawn from all forms of appropriation under the
public land laws (including the mining laws and the mineral
leasing and the geothermal leasing laws). Such lands are
reserved for use by the Secretary of the Navy for--
(A) testing and training for aerial bombing, missile firing,
tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f) of this title,
other defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
comprising approximately two hundred twenty-six thousand seven
hundred and eleven acres in Imperial County, California, as
generally depicted on a map entitled "Chocolate Mountain Aerial
Gunnery Range Proposed--Withdrawal" dated July 1993.
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SEC. 804. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENT.--As soon as practicable
after the date of enactment of this title, the Secretary shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
title; and
(2) file maps and the legal description of the lands withdrawn
and reserved by this title with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of
Representatives.
(b) TECHNICAL CORRECTIONS.--Such maps and legal descriptions
shall have the same force and effect as if they were included in
this title except that the Secretary may correct clerical and
typographical errors in such maps and legal descriptions.
(c) AVAILABILITY FOR PUBLIC INSPECTION.--Copies of such maps and
legal descriptions shall be available for public inspection in
the appropriate offices of the Bureau of Land Management; the
office of the commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine Corps
Air Station, Yuma, Arizona; and the Office of the Secretary of
Defense, Washington, District of Columbia.
(d) REIMBURSEMENT.--The Secretary of Defense shall reimburse the
Secretary for the cost of implementing this section.
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SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.--
(1) Except as provided in subsection (g), during the period of
the withdrawal the Secretary shall manage the lands withdrawn
under section 802 of this title pursuant to the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable law, including this title.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 802 of this title may
be managed in a manner permitting--
(A) the continuation of grazing pursuant to applicable law and
Executive orders were permitted on the date of enactment of this
title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section 802(a) of
this title (relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) of this title (relating to China Lake).
(3)
(A) All nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions
and restrictions as may be necessary to permit the military use
of such lands for the purposes specified in or authorized
pursuant to this title.
(B) The Secretary may issue any lease, easement, right-of-way,
or other authorization with respect to the nonmilitary use of
such lands only with the concurrence of the Secretary of the
Navy.
(b) CLOSURE TO PUBLIC.--
(1) If the Secretary of the Navy determines that military
operations, public safety, or national security require the
closure to public use of any road, trail, or other portion of
the lands withdrawn by this title, the Secretary may take such
action as the Secretary determines necessary or desirable to
effect and maintain such closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the Navy determines are required
to carry out this subsection.
(3) Before and during any closure under this subsection, the
Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning such
closures.
(c) MANAGEMENT PLAN.--The Secretary (after consultation with the
Secretary of the Navy) shall develop a plan for the management
of each area withdrawn under section 802 of this title during
the period of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date of
enactment of this title.
(d) BRUSH AND RANGE FIRES.--The Secretary of the Navy shall take
necessary precautions to prevent and suppress brush and range
fires occurring within and outside the lands withdrawn under
section 802 of this title as a result of military activities and
may seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land
Management assistance in the suppression of such fires, and for
a transfer of funds from the Department of the Navy to the
Bureau of Land Management as compensation for such assistance.
(e) MEMORANDUM OF UNDERSTANDING.--
(1) The Secretary and the Secretary of the Navy shall (with
respect to each land withdrawal under section 802 of this title)
enter into a memorandum of understanding to implement the
management plan developed under subsection (c). Any such
memorandum of understanding shall provide that the Director of
the Bureau of Land Management shall provide assistance in the
suppression of fires resulting from the military use of lands
withdrawn under section 802 if requested by the Secretary of the
Navy.
(2) The duration of any such memorandum shall be the same as the
period of the withdrawal of the lands under section 802.
(f) ADDITIONAL MILITARY USES.--Lands withdrawn under section 802
of this title may be used for defense-related uses other than
those specified in such section. The Secretary of Defense shall
promptly notify the Secretary in the event that the lands
withdrawn by this title will be used for defense-related
purposes other than those specified in section 802. Such
notification shall indicate the additional use or uses involved,
the proposed duration of such uses, and the extent to which such
additional military uses of the withdrawn lands will require
that additional or more stringent conditions or restrictions be
imposed on otherwise-permitted nonmilitary uses of the withdrawn
land or portions thereof.
(g) MANAGEMENT OF CHINA LAKE.--
(1) The Secretary may assign the management responsibility for
the lands withdrawn under section 802(a) of this title to the
Secretary of the Navy who shall manage such lands, and issue
leases, easements, rights-of-way, and other authorizations, in
accordance with this title and cooperative management
arrangements between the Secretary and the Secretary of the
Navy: Provided, That nothing in this subsection shall affect
geothermal leases issued by the Secretary prior to the date of
enactment of this title, or the responsibility of the Secretary
to administer and manage such leases, consistent with the
provisions of this section. In the case that the Secretary
assigns such management responsibility to the Secretary of the
Navy before the development of the management plan under
subsection (c), the Secretary of the Navy (after consultation
with the Secretary) shall develop such management plan.
(2) The Secretary shall be responsible for the issuance of any
lease, easement, right-of-way, and other authorization with
respect to any activity which involves both the lands withdrawn
under section 802(a) of this title and any other lands. Any such
authorization shall be issued only with the consent of the
Secretary of the Navy and, to the extent that such activity
involves lands withdrawn under section 802(a), shall be subject
to such conditions as the Secretary of the Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to the
Secretary an annual report on the status of the natural and
cultural resources and values of the lands withdrawn under
section 802(a). The Secretary shall transmit such report to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands
withdrawn under section 802(a) of this title and may utilize
helicopters and motorized vehicles for such purposes. Such
management shall be in accordance with laws applicable to such
management on public lands and with an appropriate memorandum of
understanding between the Secretary and the Secretary of the
Navy.
(5) Neither this title nor any other provision of law shall be
construed to prohibit the Secretary from issuing and
administering any lease for the development and utilization of
geothermal steam and associated geothermal resources on the
lands withdrawn under section 802(a) of this title pursuant to
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) and
other applicable law, but no such lease shall be issued without
the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section
2689 of title 10, United States Code, except that the Secretary
of the Navy shall obtain the concurrence of the Secretary before
taking action under that section with respect to the lands
withdrawn under section 802(a).
(7) Upon the expiration of the withdrawal or relinquishment of
China Lake, Navy contracts for the development of geothermal
resources at China Lake then in effect (as amended or renewed by
the Navy after the date of enactment of this title) shall remain
in effect: Provided, That the Secretary, with the consent of the
Secretary of the Navy, may offer to substitute a standard
geothermal lease for any such contract.
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SEC. 806. DURATION OF WITHDRAWALS.
(a) DURATION.--The withdrawals and reservations established by
this title shall terminate twenty years after the date of
enactment of this title.
(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.--No later than
eighteen years after the date of enactment of this title, the
Secretary of the Navy shall publish a draft environmental impact
statement concerning continued or renewed withdrawal of any
portion of the lands withdrawn by this title for which that
Secretary intends to seek such continued or renewed withdrawal.
Such draft environmental impact statement shall be consistent
with the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) applicable to such a draft
environmental impact statement. Prior to the termination date
specified in subsection (a), the Secretary of the Navy shall
hold a public hearing on any draft environmental impact
statement published pursuant to this section. Such hearing shall
be held in the State of California in order to receive public
comments on the alternatives and other matters included in such
draft environmental impact statement.
(c) EXTENSIONS OR RENEWALS.--The withdrawals established by this
title may not be extended or renewed except by an Act or joint
resolution of Congress.
SEC. 807. ONGOING DECONTAMINATION.
(a) PROGRAM.--Throughout the duration of the withdrawals made by
this title, the Secretary of the Navy, to the extent funds are
made available, shall maintain a program of decontamination of
lands withdrawn by this title at least at the level of
decontamination activities performed on such lands in fiscal
year 1986.
(b) REPORTS.--At the same time as the President transmits to the
Congress the President's proposed budget for the first fiscal
year beginning after the date of enactment of this title and for
each subsequent fiscal year, the Secretary of the Navy shall
transmit to the Committees on Appropriations, Armed Services,
and Energy and Natural Resources of the United States Senate and
to the Committees on Appropriations, Armed Services, and Natural
Resources of the United States House of Representatives a
description of the decontamination efforts undertaken during the
previous fiscal year on such lands and the decontamination
activities proposed for such lands during the next fiscal year
including--
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such lands;
(4) estimated types and amounts of residual contamination on
such lands; and
(5) an estimate of the costs for full contamination of such
lands and the estimate of the time to complete such
decontamination.
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SEC. 808. REQUIREMENTS FOR RENEWAL.
(a) NOTICE AND FILING.--
(1) No later than three years prior to the termination of the
withdrawal and reservation established by this title, the
Secretary of the Navy shall advise the Secretary as to whether
or not the Secretary of the Navy will have a continuing military
need for any of the lands withdrawn under section 802 after the
termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will be a
continuing military need for any of such lands after the
termination date, the Secretary of the Navy shall file an
application for extension of the withdrawal and reservation of
such needed lands in accordance with the regulations and
procedures of the Department of the Interior applicable to the
extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the Navy decides to relinquish all or any of the
lands withdrawn and reserved by this title, the Secretary of the
Navy shall file a notice of intention to relinquish with the
Secretary.
(b) CONTAMINATION.--
(1) Before transmitting a notice of intention to relinquish
pursuant to subsection (a), the Secretary of Defense, acting
through the Department of the Navy, shall prepare a written
determination concerning whether and to what extent the lands
that are to be relinquished are contaminated with explosive,
toxic, or other hazardous materials.
(2) A copy of such determination shall be transmitted with the
notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and the
determination concerning the contaminated state of the lands
shall be published in the Federal Register by the Secretary of
the Interior.
(c) DECONTAMINATION.--If any land which is the subject of a
notice of intention to relinquish pursuant to subsection (a) is
contaminated, and the Secretary, in consultation with the
Secretary of the Navy, determines that decontamination is
practicable and economically feasible (taking into consideration
the potential future use and value of the land) and that upon
decontamination, the land could be opened to operation of some
or all of the public land laws, including the mining laws, the
Secretary of the Navy shall decontaminate the land to the extent
that funds are appropriated for such purpose.
(d) ALTERNATIVES.--If the Secretary, after consultation with the
Secretary of the Navy, concludes that decontamination of any
land which is the subject of a notice of intention to relinquish
pursuant to subsection (a) is not practicable or economically
feasible, or that the land cannot be decontaminated sufficiently
to be opened to operation of some or all of the public land
laws, or if Congress does not appropriate a sufficient amount of
funds for the decontamination of such land, the Secretary shall
not be required to accept the land proposed for relinquishment.
(e) STATUS OF CONTAMINATED LANDS.--
If, because of their contaminated state, the Secretary declines
to accept jurisdiction over lands withdrawn by this title which
have been proposed for relinquishment, or if at the expiration
of the withdrawal made by this title the Secretary determines
that some of the lands withdrawn by this title are contaminated
to an extent which prevents opening such contaminated lands to
operation of the public land laws--
(1) the Secretary of the Navy shall take appropriate steps to
warn the public of the contaminated state of such lands and any
risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary of the
Navy shall undertake no activities on such lands except in
connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary and
to the Congress concerning the status of such lands and all
actions taken in furtherance of this subsection.
(f) REVOCATION AUTHORITY.--Notwithstanding any other provision
of law, the Secretary, upon deciding that it is in the public
interest to accept jurisdiction over lands proposed for
relinquishment pursuant to subsection (a), is authorized to
revoke the withdrawal and reservation established by this title
as it applies to such lands. Should the decision be made to
revoke the withdrawal and reservation, the Secretary shall
publish in the Federal Register an appropriate order which
shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over the
lands by the Secretary; and
(3) state the date upon which the lands will be opened to the
operation of some or all of the public lands law, including the
mining laws.
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SEC. 809. DELEGABILITY.
(a) DEPARTMENT OF DEFENSE.--The functions of the Secretary of
Defense or the Secretary of the Navy under this title may be
delegated.
(b) DEPARTMENT OF THE INTERIOR.--The functions of the Secretary
under this title may be delegated, except that an order
described in section 807(f) may be approved and signed only by
the Secretary, the Under Secretary of the Interior, or an
Assistant Secretary of the Department of the Interior.
SEC. 810. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by
this title shall be conducted in accordance with the provisions
of section 2671 of title 10, United States Code.
SEC. 811. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury or
damage to persons or property suffered in the course of any
geothermal leasing or other authorized nonmilitary activity
conducted on lands described in section 802 of this title.
SEC. 812. EL CENTRO RANGES.
The Secretary is authorized to permit the Secretary of the Navy
to use until January 1, 1997, the approximately forty-four
thousand eight hundred and seventy acres of public lands in
Imperial County, California, known as the East Mesa and West
Mesa ranges, in accordance with the Memorandum of Understanding
dated June 29, 1987, between the Bureau of Land Management, the
Bureau of Reclamation, and the Department of the Navy. All
military uses of such lands shall cease on January 1, 1997,
unless authorized by a subsequent Act of Congress.
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TITLE IX--AUTHORIZATION OF APPROPRIATIONS
SEC. 901. AUTHORIZATION OF
APPROPRIATIONS.
Begun and held at the City of Washington on Tuesday, the
twenty-fifth day of January, one thousand nine hundred and
ninety-four.
There is authorized to be appropriated to the National Park
Service and to the Bureau of Land Management to carry out this
Act an amount not to exceed $36,000,000 over and above that
provided in fiscal year 1994 for additional administrative and
construction costs over the fiscal year 1995-1999 period, and
$300,000,000 for all land acquisition costs. No funds in excess
of these amounts may be used for construction, administration,
or land acquisition authorized under this Act without a specific
authorization in an Act of Congress enacted after the date of
enactment of this Act.
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TITLE
X--PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.
This title may be cited as the "Bodie Protection Act of 1994".
SEC. 1002. FINDINGS.
The Congress finds that--
(1) the historic Bodie gold mining district in the State of
California is the site of the largest and best preserved
authentic ghost town in the western United States;
(2) the Bodie Bowl area contains important natural, historical,
and aesthetic resources;
(3) Bodie was designated as a National Historical Landmark in
1961 and a California State Historic Park in 1962, is listed on
the National Register of Historic Places, and is included in the
Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing the
local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore and
extract minerals: mining in the Bodie Bowl area may have adverse
physical and aesthetic impacts on Bodie's historical integrity,
cultural values, and ghost town character as well as on its
recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the Secretary
of the Interior to protect the ghost town character, ambience,
historic buildings, and scenic attributes of the town of Bodie
and nearby areas;
(7) the California State Legislature also requested the
Secretary, if necessary to protect the Bodie Bowl area, to
withdraw the Federal lands within the area from all forms of
mineral entry and patent;
(8) the National Park Service listed Bodie as a priority one
endangered National Historic Landmark in its fiscal year 1990
and 1991 report to Congress entitled "Threatened and Damaged
National Historic Landmarks" and recommended protection of the
Bodie area; and
(9) it is necessary and appropriate to provide that all Federal
lands within the Bodie Bowl area are not subject to location,
entry, and patent under the mining laws of the United States,
subject to valid existing rights, and to direct the Secretary to
consult with the Governor of the State of California before
approving any mining activity plan within the Bodie Bowl.
SEC. 1003. DEFINITIONS.
For the purposes of this title:
(1) The term "Bodie Bowl" means the Federal lands and interests
therein within the area generally depicted on the map referred
to in section 1004(a).
(2) The term "mineral activities" means any activity involving
mineral prospecting, exploration, extraction, milling,
beneficiation, processing, and reclamation.
(3) The term "Secretary" means the Secretary of the Interior.
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SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL
LAWS.
(a) RESTRICTION.--Subject to valid existing rights, after the
date of enactment of this title Federal lands and interests in
lands within the area generally depicted on the map entitled "Bodie
Bowl" and dated June 12, 1992, shall not be--
(1) open to the location of mining and mill site claims under
the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act (30
U.S.C. 181 and following) or the Geothermal Steam Act of 1970
(30 U.S.C. 100 and following), for lands within the Bodie Bowl;
and
(3) available for disposal of mineral materials under the Act of
July 31, 1947, commonly known as the Materials Act of 1947 (30
U.S.C. 601 and following).
Such map shall be on file and
available for public inspection in the Office of the Secretary,
and appropriate offices of the Bureau of Land Management and the
National Park Service. As soon as practicable after the date of
enactment of this title, the Secretary shall publish a legal
description of the Bodie Bowl area in the Federal Register.
(b) VALID EXISTING RIGHTS.--As used in this section, the term
"valid existing rights" in reference to the general mining laws
means that a mining claim located on lands within the Bodie Bowl
was properly located and maintained under the general mining
laws prior to the date of enactment of this title, was supported
by a discovery of a valuable mineral deposit within the meaning
of the general mining laws on the date of enactment of this
title, and that such claim continues to be valid.
(c) VALIDITY REVIEW.--The Secretary shall undertake an expedited
program to determine the validity of all unpatented mining
claims located within the Bodie Bowl. The expedited program
shall include an examination of all unpatented mining claims,
including those for which a patent application has not been
filed. If a claim is determined to be invalid, the Secretary
shall promptly declare the claim to be null and void, except
that the Secretary shall not challenge the validity of any claim
located within the Bodie Bowl for the failure to do assessment
work for any period after the date of enactment of this title.
The Secretary shall make a determination with respect to the
validity of each claim referred to under this subsection within
two years after the date of enactment of this title.
(d) LIMITATION ON PATENT ISSUANCE.--
(1) MINING CLAIMS.--
(A) After January 11, 1993, no patent shall be issued by the
United States for any mining claim located under the general
mining laws within the Bodie Bowl unless the Secretary
determines that, for the claim concerned- -
(i) a patent application was filed with the Secretary on or
before such date; and
(ii) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, 37) for placer claims were fully
complied with by that date.
(B) If the Secretary makes the determinations referred to in
subparagraph (A) for any mining claim, the holder of the claim
shall be entitled to the issuance of a patent in the same manner
and degree to which such claim holder would have been entitled
to prior to the enactment of this title, unless and until such
determinations are withdrawn or invalidated by the Secretary or
by a court of the United States.
(2) MILL SITE CLAIMS.--
(A) After January 11, 1993, no patent shall be issued by the
United States for any mill site claim located under the general
mining laws within the Bodie Bowl unless the Secretary
determines that, for the claim concerned--
(i) a patent application was filed with the Secretary on or
before January 11, 1993; and
(ii) all requirements applicable to such patent application were
fully complied with by that date.
(B) If the Secretary makes the determinations referred to in
subparagraph (A) for any mill site claim, the holder of the
claim shall be entitled to the issuance of a patent in the same
manner and degree to which such claim holder would have been
entitled to prior to the enactment of this title, unless and
until such determinations are withdrawn or invalidated by the
Secretary or by a court of the United States.
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SEC. 1005. MINERAL ACTIVITIES.
(a) IN GENERAL.--Notwithstanding the last sentence of section
302(b) of the Federal Land Policy and Management Act of 1976,
and in accordance with this title and other applicable law, the
Secretary shall require that mineral activities be conducted in
the Bodie Bowl so as to--
(1) avoid adverse effects on the historic, cultural,
recreational, and natural resource values of the Bodie Bowl; and
(2) minimize other adverse impacts to the environment.
(b) RESTORATION OF EFFECTS OF MINING EXPLORATION.--As soon as
possible after the date of enactment of this Act, visible
evidence or other effects of mining exploration activity within
the Bodie Bowl conducted on or after September 1, 1988, shall be
reclaimed by the operator in accordance with regulations
prescribed pursuant to subsection (d).
(c) ANNUAL EXPENDITURES; FILING.--The requirements for annual
expenditures on unpatented mining claims imposed by Revised
Statute 2324 (30 U.S.C. 28) shall not apply to any such claim
located within the Bodie Bowl. In lieu of filing the affidavit
of assessment work referred to under section 314(a)(1) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1744(a)(1)), the holder of any unpatented mining or mill site
claim located within the Bodie Bowl shall only be required to
file the notice of intention to hold the mining claim referred
to in such section 314(a)(1).
(d) REGULATIONS.--The Secretary shall promulgate rules to
implement this section, in consultation with the Governor of the
State of California, within 180 days after the date of enactment
of this title. Such rules shall be no less stringent that the
rules promulgated pursuant to the Act of September 28, 1976
entitled "An Act to provide for the regulation of mining
activity within, and to repeal the application of mining laws
to, areas of the National Park System, and for other purposes"
(Public Law 94-429; 16 U.S.C. 1901- 1912).
SEC. 1006. STUDY.
Beginning as soon as possible after the date of enactment of
this title, the Secretary shall review possible actions to
preserve the scenic character, historical integrity, cultural
and recreational values, flora and fauna, and ghost town
characteristics of lands and structures within the Bodie Bowl.
No later than 3 years after the date of such enactment, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Natural Resources of the United States House of Representatives
a report that discusses the results of such review and makes
recommendations as to which steps (including but not limited to
acquisition of lands or valid mining claims) should be
undertaken in order to achieve these objectives.
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SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE XI--LOWER MISSISSIPPI DELTA REGION INITIATIVES
SEC. 1101. FINDINGS.
(a) The Congress finds that--
(1) in 1988, Congress enacted Public Law 100-460, establishing
the Lower Mississippi Delta Development Commission, to assess
the needs, problems, and opportunities of people living in the
Lower Mississippi Delta Region that includes 219 counties and
parishes within the States of Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee;
(2) the Commission conducted a thorough investigation to assess
these needs, problems, and opportunities, and held several
public hearings throughout the Delta Region;
(3) on the basis of these investigations, the Commission issued
the Delta Initiatives Report, which included recommendations on
natural resource protection, historic preservation, and the
enhancement of educational and other opportunities for Delta
residents;
(4) the Delta Initiatives Report recommended--
(A) designating the Great River Road as a scenic byway, and
designating other hiking and motorized trails throughout the
Delta Region;
(B) that the Federal Government identify sites and structures of
historic and prehistoric importance throughout the Delta Region;
(C) the further study of potential new units of the National
Park System within the Delta Region; and
(D) that Federal agencies target more monies in selected areas
to institutions of higher education in the Delta Region,
especially Historically Black Colleges and Universities.
SEC. 1102. DEFINITIONS.
As used in this title, the term--
(1) "Commission" means the Lower Mississippi Delta Development
Commission established pursuant to Public Law 100- 460;
(2) "Delta Initiatives Report" means the May 14, 1990 Final
Report of the Commission entitled "The Delta Initiatives:
Realizing the Dream . . . Fulfilling the Potential";
(3) "Delta Region" means the Lower Mississippi Delta Region
including the 219 counties and parishes within the States of
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri,
and Tennessee, as defined in the Delta Initiatives Report,
except that, for any State for which the Delta Region as defined
in such report comprises more than half of the geographic area
of such State, the entire State shall be considered part of the
Delta Region for purposes of this title;
(4) "Department" means the United States Department of the
Interior, unless otherwise specifically stated;
(5) "Historically Black College or University" means a college
or university that would be considered a "part B institution" by
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2));
(6) "minority college or university" means a Historically Black
College or University that would be considered a "part B
institution" by section 322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)) or a "minority institution" as that
term is defined in section 1046 of the Higher Education Act of
1965 (20 U.(3));
(7) "Secretary" means the Secretary of the Interior, unless
otherwise specifically stated.
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SEC. 1103. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.
(a) IN GENERAL.--The Secretary, in consultation with the States
of the Delta Region, the Lower Mississippi Delta Development
Center, and other appropriate Delta Region institutions, is
directed to prepare and transmit to the Congress within three
years after the date of the enactment of this title, a study of
significant natural, recreational, historical or prehistorical,
and cultural lands, waters, sites, and structures located within
the Delta Region. This study shall take into consideration the
research and inventory of resources conducted by the Mississippi
River Heritage Corridor Study Commission.
(b) TRANSPORTATION ROUTES.--
(1) The study shall include recommendations on appropriate
designation and interpretation of historically significant
roads, trails, byways, waterways, or other routes within the
Delta Region.
(2) In order to provide for public appreciation, education,
understanding, interpretation, and enjoyment of the significant
sites identified pursuant to subsection (a), which are
accessible by public roads, the Secretary shall recommend in the
study vehicular tour routes along existing public roads linking
such sites within the Delta Region.
(3) Such recommendations shall include an analysis of
designating the Great River Road (as depicted on the map
entitled "Proposed Delta Transportation Network" on pages
102-103 of the Delta Initiatives Report) and other sections of
the Great River Road between Baton Rouge and New Orleans,
Louisiana and an analysis of designating that portion of the Old
Antonio Road and the Louisiana Natchez Trace which extends
generally along Highway 84 from Vidalia, Louisiana, to Clarence,
Louisiana, and Louisiana Highway 6 from Clarence, Louisiana, to
the Toledo Bend Reservoir, Louisiana, as a National Scenic
Byway, or as a component of the National Trails System, or such
other designation as the Secretary deems appropriate.
(4) The Secretary shall also recommend in the study an
appropriate route along existing public roads to commemorate the
importance of timber production and trade to the economic
development of the Delta Region in the early twentieth century,
and to highlight the continuing importance of timber production
and trade to the economic life of the Delta Region.
Recommendations shall include an analysis of designating that
portion of US 165 which extends from Alexandria, Louisiana, to
Monroe, Louisiana, as a National Scenic Byway, or as a component
of the National Trails System, or such other designation as the
Secretary deems appropriate.
(5) The study shall also include a comprehensive recreation,
interpretive, and visitor use plan for the routes described in
the above paragraphs, including bicycle and hiking paths, and
make specific recommendations for the acquisition and
construction or related interpretive and visitor information
facilities at selected sites along such routes.
(6) The Secretary is authorized to make grants to States for
work necessary to stabilize, maintain, and widen public roads to
allow for adequate access to the nationally significant sites
and structures identified by the study, to allow for proper use
of the vehicular tour route, trails, byways, including the
routes defined in paragraphs (3) and (4) or other public roads
within the Delta Region and to implement the comprehensive
recreation, interpretive, and visitor use plan required in
paragraph (5).
(c) LISTING.--On the basis of the study, and in consultation
with the National Trust for Historic Preservation, the Secretary
shall inventory significant structures and sites in the Delta
Region. The Secretary shall further recommend and encourage
cooperative preservation and economic development efforts such
as the establishment of preservation districts linking groups of
contiguous counties or parishes, especially those that lie along
the aforementioned designated routes. The Secretary shall
prepare a list of the sites and structures for possible
inclusion by the National Park Service as National Historic
Landmarks or such other designation as the Secretary deems
appropriate.
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SEC. 1104. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND
CULTURAL CENTERS.
(a) FINDINGS.--
The Congress finds that--
(1) in 1990, the Congress authorized the Institute of Museum
Services to prepare a report assessing the needs of small,
emerging, minority, and rural museums in order to identify the
resources such museums needed to meet their educational mission,
to identify the areas of museum operation in which the needs
were greatest, and to make recommendations on how these needs
could best be met;
(2) the Institute of Museum Services undertook a comprehensive
eighteen month study of such needs with the assistance of two
advisory groups, surveyed 524 museums from throughout the
Nation, held discussion groups in which representatives of 25
museum groups participated, and conducted case studies of 12
museum facilities around the Nation;
(3) on the basis of this assessment, the Institute of Museum
Services issued a report in September, 1992, entitled, "National
Needs Assessment of Small, Emerging, Minority and Rural Museums
in the United States" (hereinafter "National Needs Assessment")
which found that small, emerging, minority, and rural museums
provide valuable educational and cultural resources for their
communities and contain a reservoir of the Nation's material,
cultural and historical heritage, but due to inadequate
resources are unable to meet their full potential or the demands
of the surrounding communities;
(4) the needs of these institutions are not being met through
existing Federal programs;
(5) fewer than half of the participants in the survey had
applied for Federal assistance in the past two years and that
many small, emerging, minority and rural museums believe
existing Federal programs do not meet their needs;
(6) based on the National Needs Assessment, that funding
agencies should increase support available to small, emerging,
minority, and rural museums and make specific recommendations
for increasing technical assistance in order to identify such
institutions and provide assistance to facilitate their
participation in Federal programs;
(7) the Delta Initiatives Report made specific recommendations
for the creation and development of centers for the preservation
of the cultural, historical, and literary heritage of the Delta
Region, including recommendations for the establishment of a
Delta Region Native American Heritage and Cultural Center and a
Delta Region African American Heritage and Cultural Center with
additional satellite centers or museums linked throughout the
Delta Region;
(8) the Delta Initiatives Report stated that new ways of
coordinating, preserving, and promoting the Delta Region's
literature, art, and music should be established including the
creation of a network to promote the Delta Region's literary,
artistic, and musical heritage; and
(9) wholesale destruction and attrition of archeological sites
and structures has eliminated a significant portion of Native
American heritage as well as the interpretive potential of the
Delta Region's parks and museums. Furthermore, site and
structure destruction is so severe that an ambitious program of
site and structure acquisition in the Delta Region is necessary.
(b) IN GENERAL.--
The Secretary, in consultation with the States of the Delta
Region, the Chairman of the National Endowment for the Arts, the
Chairman of the National Endowment for the Humanities, the
Director of the Smithsonian Institution, the Lower Mississippi
Delta Development Center, Historically Black Colleges and
Universities, and appropriate African American, Native American
and other relevant institutions or organizations in the Delta
Region, is further directed to prepare and transmit to the
Congress a plan outlining specific recommendations, including
recommendations for necessary funding, for the establishment of
a Delta Region Native American Heritage Corridor and Heritage
and Cultural Center and a Delta Region African American Heritage
Corridor and Heritage and Cultural Center with a network of
satellite or cooperative units.
(c) DELTA REGION NATIVE AMERICAN HERITAGE CORRIDOR AND CULTURAL
CENTER.--
(1) The plan referred to in subsection (b) of this section shall
include recommendations for establishing a network of parks,
museums, and other centers to interpret Native American culture
and heritage in the Delta Region, including a ten year
development strategy for such a network.
(2) Such plan shall include specific proposals for the
development of a Native American Heritage Corridor and Heritage
and Cultural Center in the Delta Region, along with
recommendations for the appropriate Federal role in such a
center including matching grants, technical and interpretive
assistance.
(3) Such plan shall be conducted in consultation with tribal
leaders in the Delta Region.
(4) Such plan shall also include specific proposals for
educational and training assistance for Delta Region Native
Americans to carry out the recommendations provided in the
study.
(d) DELTA REGION AFRICAN AMERICAN HERITAGE CORRIDOR AND HERITAGE
AND CULTURAL CENTER.--
(1) The plan referred to in subsection (b) of this section shall
include recommendations for establishing a heritage corridor or
trail system, consisting of one or two major north-south routes
and several east-west-spur loops to preserve, interpret and
commemorate the African American heritage and culture in the
Delta Region during all significant historical periods.
(2) Such plan shall make specific recommendations for
representing all forms of expressive culture including the
musical, folklore, literary, artistic, scientific, historical,
educational, and political contributions and accomplishments of
African Americans in the Delta Region.
(3) Such plan shall make specific recommendations for
implementing the findings of the Delta Initiatives Report with
respect to establishing an African American Heritage Corridor
and Heritage and Cultural Center and related satellite museums
in the Delta Region, together with specific funding levels
necessary to carry out these recommendations and shall also
include recommendations for improving access of small, emerging,
minority or rural museums to technical and financial assistance.
(4) Such plan shall be conducted in consultation with
institutions of higher education in the Delta Region with
expertise in African American studies, Southern studies,
archeology, anthropology, history and other relevant fields.
(5) Such plan shall make specific recommendations for improving
educational programs offered by existing cultural facilities and
museums as well as establishing new outreach programs for
elementary, middle and secondary schools, including summer
programs for youth in the Delta Region.
(e) GRANTS.--
(1) In furtherance of the purposes of this section, the
Secretary is authorized to make planning grants to State
Humanities Councils in the Delta Region to assist small,
emerging, minority and rural museums selected on a financial
needs basis in the development of a comprehensive long term plan
for these institutions. The Secretary is also authorized to make
implementation grants to State Humanities Councils in the Delta
Region who, in consultations with State Museum Associations,
shall make grants to small, emerging, minority or rural museums
for the purpose of carrying out an approved plan for training
personnel, improving exhibits or other steps necessary to assure
the integrity of collections in their facilities, for
educational outreach programs, or for other activities the
Secretary deems appropriate including the promotion of tourism
in the region. Such institutions shall be selected competitively
and on the basis of demonstrated financial need. The Secretary
is also authorized to make grants to State Humanities Councils
to update, simplify and coordinate the respective State Works
Progress Administration guides and to develop a single
comprehensive guide for the Delta Region.
(2) The Secretary is authorized to provide grants and other
appropriate technical assistance to State Humanities Councils,
State museum Associations, and State Arts Councils in the Delta
Region for the purpose of assessing the needs of such
institutions. Such grants may be used by these institutions to
undertake such an assessment and to provide other technical,
administrative and planning assistance to small, emerging,
minority or rural institutions seeking to preserve the Delta
Region's literary, artistic, and musical heritage.
(f) MUSIC HERITAGE PROGRAM.--
(1) The plan referred to in subsection (b) of this section shall
include recommendations for establishing a Music Heritage
Program, with specific emphasis on the Mississippi Delta Blues.
The plan shall include specific recommendations for developing a
network of heritage sites, structures, small museums, and
festivals in the Delta Region.
(2) The plan shall include an economic strategy for the
promotion of the Delta Region's music, through the participation
of musicians, festival developers, museum operators,
universities, economic development districts, and other relevant
individuals and organizations.
(g) COMPLETION DATE.--
The plan authorized in this section shall be completed not later
than three years after the date funds are made available for
such plan.
SEC. 1105. HISTORIC AND PREHISTORIC STRUCTURES AND SITES SURVEY.
(a) ASSISTANCE.--The Secretary is authorized to provide
technical and financial assistance to Historically Black
Colleges and Universities to undertake a comprehensive survey of
historic and prehistoric structures and sites located on their
campuses, including recommendations as to the inclusion of
appropriate structures and sites on the National Register of
Historic Places, designation as National Historic Landmarks, or
other appropriate designation as determined by the Secretary.
The Secretary shall also make specific proposals and
recommendations, together with estimates of necessary funding
levels, for a comprehensive plan to be carried out by the
Department to assist Historically Black Colleges and
Universities in the preservation and interpretation of such
sites and structures.
(b) GRANTS.--In furtherance of the purposes of this section, the
Secretary is authorized to provide technical and financial
assistance to Historically Black Colleges and Universities for
stabilization, preservation and interpretation of such sites and
structures.
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SEC. 1106. DELTA ANTIQUITIES SURVEY.
(a) IN GENERAL.--
(1) The Secretary is directed to prepare and transmit to the
Congress, in cooperation with the States of the Delta Region,
State Archaeological Surveys and Regional Archeological Centers,
a study of the feasibility of establishing a Delta Antiquities
Trail or Delta Antiquities Heritage Corridor in the Delta
Region.
(2) Such study shall, to the extent practicable, use
nonintrusive methods of identifying, surveying, inventorying,
and stabilizing ancient archeological sites and structures.
(3) In undertaking this study, the Secretary is directed to
enter into cooperative agreements with the States of the Delta
Region, the State Archeological Surveys, and Regional
Archeological Centers located in Delta Region institutions of
higher education for on-site activities including surveys,
inventories, and stabilization and other activities which the
Secretary deems appropriate.
(4) In addition to the over 100 known ancient archeological
sites located in the Delta Region including Watson's Brake,
Frenchman's Bend, Hedgepeth, Monte Sano, Banana Bayou, Hornsby,
Parkin, Toltec, Menard-Hodges, Eaker, Blytheville Mound, Nodena,
Taylor Mounds, DeSoto Mound and others, such study shall also
employ every practical means possible, including assistance from
the National Aeronautics and Space Administration, the Forest
Service and Soil Conservation Service of the Department of
Agriculture, the Army Corps of Engineers of the Department of
Defense, and other appropriate Federal agencies, to locate and
confirm the existence of a site known as Balbansha in southern
Louisiana and a site known as Autiamque in Arkansas. The heads
of these Federal agencies shall cooperate with the Secretary as
the Secretary requires on a non- reimbursable basis.
(b) TECHNICAL ASSISTANCE.--In furtherance of the purposes of
this section, the Secretary is authorized to provide technical
assistance and grants to private landowners for necessary
stabilization activities of identified sites and for preparing
recommendations for designating such sites as National Landmarks
or other appropriate designations as the Secretary, with the
concurrence of the landowners, determines to be appropriate.
(c) COOPERATIVE AGREEMENTS.--The Secretary is authorized to
enter into cooperative agreements with the States, State
Archeological Surveys, and Regional Archeological Centers of the
Delta Region to develop a ten-year plan for the stabilization,
preservation and interpretation of those sites and structures as
may be identified by the Secretary.
SEC. 1107. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.
(a) PROGRAM.--The Secretary shall conduct a comprehensive
program for the research, interpretation, and preservation of
significant historic and archeological resources in the Delta
Region.
(b) ELEMENTS OF THE PROGRAM.--The program shall include, but not
be limited to--
(1) identification of research projects related to historic and
archeological resources in the Delta Region and a proposal for
the regular publication of related research materials and
publications;
(2) the development of a survey program to investigate,
inventory and further evaluate known historic and archeological
sites and structures and identify those sites and structures
that require additional study;
(3) identification of a core system of interpretive sites and
structures that would provide a comprehensive overview of
historic and archeological resources of the Delta Region;
(4) preparation of educational materials to interpret the
historical and archeological resources of the Delta Region;
(5) preparation of surveys and archeological and historical
investigations of sites, structures, and artifacts relating to
the Delta Region, including the preparation of reports, maps,
and other related activities.
(c) GRANTS AND TECHNICAL ASSISTANCE.--
(1) The Secretary is authorized to award grants to qualified
tribal, governmental and non- governmental entities and
individuals to assist the Secretary in carrying out those
elements of the program which the Secretary deems appropriate.
(2) The Secretary is further authorized to award grants and
provide other types of technical and financial assistance to
such entities and individuals to conserve and protect historic
and archeological sites and structures in the Delta Region
identified in the program prepared pursuant to this section.
(d) DEMONSTRATION PROJECT.--The Secretary shall establish a
national demonstration project for the conservation and curation
of the archeological records and collections of Federal and
State management agencies in the Delta Region.
SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
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TITLE XII--NEW ORLEANS JAZZ NATIONAL HISTORICAL PARK
SEC. 1201. SHORT TITLE.
This title may be cited as the "New Orleans Jazz National
Historical Park Act of 1994".
SEC. 1202. FINDINGS AND PURPOSE.
(a) FINDINGS.--
The Congress finds that:
(1) Jazz is the United States' most widely recognized indigenous
music and art form. Congress previously recognized jazz in 1987
through Senate Concurrent Resolution 57 as a rare and valuable
national treasure of international importance.
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and
musical elements blended to form the unique American music that
is known as New Orleans jazz, which is an expression of the
cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve was
established to commemorate the cultural diversity of the lower
Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) PURPOSE.--
In furtherance of the need to recognize the value and importance
of jazz, it is the purpose of this title to establish a New
Orleans Jazz National Historical Park to preserve the origins,
early history, development and progression of jazz; provide
visitors with opportunities to experience the sights, sounds,
and places where jazz evolved; and implement innovative ways of
establishing jazz educational partnerships that will help to
ensure that jazz continues as a vital element of the culture of
New Orleans and our Nation.
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SEC. 1203. ESTABLISHMENT.
(a) IN GENERAL.--
In order to assist in the preservation, education, and
interpretation of jazz as it has evolved in New Orleans, and to
provide technical assistance to a broad range of organizations
involved with jazz music and its history, there is hereby
established the New Orleans Jazz National Historical Park
(hereinafter referred to as the "historical park"). The
historical park shall be administered in conjunction with the
Jean Lafitte National Historical Park and Preserve, which was
established to preserve and interpret the cultural and natural
resources of the lower Mississippi Delta Region.
(b) AREA INCLUDED.--
The historical park shall consist of lands and interests therein
as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as "the Secretary") may designate for an
interpretive visitor center complex.
(2) Sites that are the subject of cooperative agreements with
the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of this
title.
(3)
(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)
(i) No later than 18 months after the date of enactment of this
title, the Secretary is directed to complete a national historic
landmark evaluation of sites associated with jazz in and around
New Orleans as identified in the document entitled "New Orleans
Jazz Special Resource Study", prepared by the National Park
Service pursuant to Public Law 101-499. In undertaking the
evaluation, the Secretary shall, to the extent practicable,
utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and National
Park Service tests of suitability and feasibility, and offer
outstanding opportunities to further the purposes of this title,
the Secretary may designate such sites as part of the historical
park, following consultation with the owners of such sites, the
city of New Orleans, the Smithsonian Institution, and the New
Orleans Jazz Commission, and notification to the Committee on
Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives.
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SEC. 1204. ADMINISTRATION.
(a)
(1) IN GENERAL.--The Secretary shall administer the historical
park in accordance with this title and with provisions of law
generally applicable to units of the National Park System,
including the Act entitled "An Act to establish a National Park
Service, and for other purposes", approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2-4); and the Act of August 21, 1935 (49
Stat. 666; 16 U.S.C. 461-467). The Secretary shall manage the
historical park in such a manner as will preserve and perpetuate
knowledge and understanding of the history of jazz and its
continued evolution as a true American art form.
(2) To minimize operational costs associated with the management
and administration of the historical park and to avoid
duplication of effort, the Secretary shall, to the maximum
extent practicable, utilize the facilities, administrative staff
and other services of the Jean Lafitte National Historical Park
and Preserve.
(b) DONATIONS.--The Secretary may accept and retain donations of
funds, property, or services from individuals, foundations,
corporations, or other public entities for the purposes of
providing services, programs, and facilities that further the
purposes of this title.
(c) INTERPRETIVE CENTER.--The Secretary is authorized to
construct, operate, and maintain an interpretive center in the
historical park on lands identified by the Secretary pursuant to
section 1203(b)(1). Programs at the center shall include, but
need not be limited to, live jazz interpretive and educational
programs, and shall provide visitors with information about
jazz-related programs, performances, and opportunities.
(d) JAZZ HERITAGE DISTRICTS.--The Secretary may provide
technical assistance to the city of New Orleans and other
appropriate entities for the designation of certain areas in and
around New Orleans as jazz heritage districts. Such districts
shall include those areas with an exceptional concentration of
jazz historical sites and established community traditions of
jazz street parades.
(e) COOPERATIVE AGREEMENTS, GRANTS AND TECHNICAL ASSISTANCE.- -
In furtherance of the purposes of this title--
(1) the Secretary, after consultation with the New Orleans Jazz
Commission established pursuant to section 1207, is authorized
to enter into cooperative agreements with owners of properties
that are designated pursuant to section 1203
(b)
(3) which provide
outstanding educational and interpretive opportunities relating
to the evolution of jazz in New Orleans. The Secretary may
assist in rehabilitating, restoring, marking, and interpreting
and may provide technical assistance for the preservation and
interpretation of such properties. Such agreements shall
contain, but need not be limited to, provisions that the
National Park Service will have reasonable rights of access for
operational and visitor use needs, that rehabilitation and
restoration will meet the Secretary's standards for
rehabilitation of historic buildings, and that specify the roles
and responsibilities of the Secretary for each site or
structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of Louisiana,
and other appropriate public and private organizations under
which the other parties to the agreement may contribute to the
acquisition, construction, operation, and maintenance of the
interpretive center and to the operation of educational and
interpretive programs to further the purposes of this title; and
(3) the Secretary, in consultation with the New Orleans Jazz
Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) JAZZ EDUCATIONAL PROGRAMS.--
The Secretary shall, in the administration of the historical
park, promote a broad range of educational activities relating
to jazz and its history. The Secretary shall cooperate with
schools, universities, and organizations supporting jazz
education to develop educational programs that provide expanded
public understanding of jazz and enhanced opportunities for
public appreciation. The Secretary may assist appropriate
entities in the development of an information base including
archival material, audiovisual records, and objects that relate
to the history of jazz.
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SEC. 1205. ACQUISITION OF PROPERTY.
(a) GENERAL AUTHORITY.--
The Secretary may acquire lands and interests therein within the
sites designated pursuant to section 1203(b)(1) and (3) by
donation or purchase with donated or appropriated funds or long
term lease:Provided, That sites designated pursuant to section
1203(b)(3) shall only be acquired with the consent of the owner
thereof.
(b) STATE AND LOCAL PROPERTIES.--
Lands and interests in lands which are owned by the State of
Louisiana, or any political subdivision thereof, may be acquired
only by donation.
SEC. 1206. GENERAL MANAGEMENT PLAN.
Within three years after the date funds are made available
therefor and concurrent with the national landmark study
referenced in section 1203(b)(3), the Secretary, in consultation
with the New Orleans Jazz Commission, shall prepare a general
management plan for the historical park. The plan shall include,
but need not be limited to--
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available to the
public;
(2) preservation and use plans for any structures and sites that
are identified through the historic landmark study for inclusion
within the historical park;
(3) the location and associated cost of public facilities that
are proposed for inclusion within the historical park, including
a visitor center;
(4) identification of programs that the Secretary will implement
or be associated with through cooperative agreements with other
groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the purpose
of the historical park;
(6) plans for the implementation of an archival system for
materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative agreements
that will be used to assist in the management of historical park
facilities and programs.
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SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.
(a) ESTABLISHMENT.--
To assist in implementing the purposes of this title and the
document entitled "New Orleans Jazz Special Resource Study",
there is established the New Orleans Jazz Commission
(hereinafter referred to as the "Commission").
(b) MEMBERSHIP.--
The Commission shall consist of 17 members to be appointed no
later than six months after the date of enactment of this title.
The Commission shall be appointed by the Secretary as follows:
(1) One member from recommendations submitted by the Mayor of
New Orleans.
(2) Two members who have recognized expertise in music education
programs that emphasize jazz.
(3) One member, with experience in and knowledge of tourism in
the greater New Orleans area, from recommendations submitted by
local businesses.
(4) One member from recommendations submitted by the Board of
the New Orleans Jazz and Heritage Foundation.
(5) One member, with experience in and knowledge of historic
preservation within the New Orleans area.
(6) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Chairman of the National
Endowment of the Arts, who are recognized musicians with
knowledge and experience in the development of jazz in New
Orleans.
(7) Two members, one from recommendations submitted by the
Secretary of the Smithsonian Institution and one member from
recommendations submitted by the Director of the Louisiana State
Museum with recognized expertise in the interpretation of jazz
history or traditions related to jazz in New Orleans.
(8) Two members who represent local neighborhood groups or other
local associations; from recommendations submitted by the Mayor
of New Orleans.
(9) One member representing local mutual aid and benevolent
societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans Jazz
and Heritage Foundation.
(10) One member from recommendations submitted by the Governor
of the State of Louisiana, who shall be a member of the
Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club from
recommendations submitted by the club.
(12) One member who is a recognized local expert on the history,
development and progression of jazz in New Orleans and is
familiar with existing archival materials from recommendations
submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) DUTIES OF THE COMMISSION.--
The Commission shall--
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public
discussions of planning proposals; and assist the National Park
Service in working with individuals, groups, and organizations
including economic and business interests in determining
programs in which the Secretary should participate through
cooperative agreement;
(2) in consultation and cooperation with the Secretary, develop
partnerships with educational groups, schools, universities, and
other groups to furtherance of the purposes of this title;
(3) in consultation and cooperation with the Secretary, develop
partnerships with city-wide organizations, and raise and
disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other
traditional groups in encouraging the continuation of and
enhancement of jazz cultural traditions;
(4) acquire or lease property for jazz education, and advise on
hiring brass bands and musical groups to participate in
education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary, provide
recommendations for the location of the visitor center and other
interpretive sites;
(6) assist the Secretary in providing funds to support research
on the origins and early history of jazz in New Orleans; and
(7) notwithstanding any other provision of law, seek and accept
donations of funds, property, or services from individuals,
foundations, corporations, or other public or private entities
and expend and use the same for the purposes of providing
services, programs, and facilities for jazz education, or
assisting in the rehabilitation and restoration of structures
identified in the national historic landmark study referenced in
section 1203(b)(3) as having outstanding significance to the
history of jazz in New Orleans.
(d) APPOINTMENT.--
Members of the Commission shall be appointed for staggered terms
of 3 years, as designated by the Secretary at the time of the
initial appointment.
(e) CHAIRMAN.--
The Commission shall elect a chairman from among its members.
The term of the chairman shall be for 3 years.
(f) TERMS.--
Any member of the Commission appointed by the Secretary for a
3-year term may serve after the expiration of his or her term
until a successor is appointed. Any vacancy shall be filled in
the same manner in which the original appointment was made. Any
member appointed to fill a vacancy shall serve for the remainder
of the term for which the predecessor was appointed.
(g) PER DIEM EXPENSES.--
Members of the Commission shall serve without compensation.
Members shall be entitled to travel expenses under section 5703,
title 5, United States Code, when engaged in Commission
business, including per diem in lieu of subsistence in the same
manner as persons employed intermittently.
(h) ADMINISTRATIVE SUPPORT.--
The Secretary shall provide the Commission with assistance in
obtaining such personnel, equipment, and facilities as may be
needed by the Commission to carry out its duties.
(i) ANNUAL REPORT.--
The Commission shall submit an annual report to the Secretary
identifying its expenses and income and the entities to which
any grants or technical assistance were made during the year for
which the report is made.
SEC. 1208. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this title.
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