Clear Creek National Recreation Area and Conservation Act

Floor Speech

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Mrs. LUMMIS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1838) to establish the Clear Creek National Recreation Area in San Benito and Fresno Counties, California, to designate the Joaquin Rocks Wilderness in such counties, to designate additional components of the National Wild and Scenic Rivers System, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 1838

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ``Clear Creek National Recreation Area and Conservation Act''. SEC. 2. DEFINITIONS.

In this Act:

(1) Management plan.--The term ``management plan'' means the Plan for the Recreation Area prepared under section 4(c).

(2) Recreation area.--The term ``Recreation Area'' means the Clear Creek National Recreation Area.

(3) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(4) State.--The term ``State'' means the State of California.

(5) Off highway vehicle.--The term ``off highway vehicle'' means any motorized vehicle designed for or capable of cross- country travel on or immediately over land, water, snow, or other natural terrain and not intended for use on public roads. SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.

(a) In General.--To promote environmentally responsible off highway vehicle recreation, the area generally depicted as ``Proposed Clear Creek National Recreation Area'' on the map titled ``Proposed Clear Creek National Recreation Area'' and dated December 15, 2015, is established as the ``Clear Creek National Recreation Area'', to be managed by the Secretary.

(b) Other Purposes.--The Recreation Area shall also support other public recreational uses, such as hunting, hiking, and rock and gem collecting.

(c) Map on File.--Copies of the map referred to in subsection (a) shall be on file and available for public inspection in--

(1) the Office of the Director of the Bureau of Land Management; and

(2) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT.

(a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with--

(1) this Act;

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(3) any other applicable law.

(b) Uses.--The Secretary shall--

(1) prioritize environmentally responsible off highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses in accordance with the management plan described in subsection (c);

(2) issue special recreation permits for motorized and non- motorized events; and

(3) reopen the Clear Creek Management Area to the uses described in this subsection as soon as practicable following the enactment of this Act and in accordance with the management guidelines outlined in this Act and other applicable law.

(c) Interim Management Plan.--The Secretary shall use the 2006 Clear Creek Management Area Resource Management Plan Amendment and Route Designation Record of Decision as modified by this Act or the Secretary to incorporate natural resource protection information not available in 2006, as the basis of an interim management plan to govern off highway vehicle recreation within the Recreation Area pending the completion of the long-term management plan required in subsection (d).

(d) Permanent Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall create a comprehensive management plan for the Clear Creek Recreation Area that--

(1) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act;

(2) shall be prepared in consultation with--

(A) appropriate Federal, State, and local agencies (including San Benito, Monterey, and Fresno Counties);

(B) adjacent land owners;

(C) other stakeholders (including conservation and recreational organizations); and

(D) holders of any easements, rights-of-way, and other valid rights in the Recreation Area;

(3) shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including off-highway vehicle recreation;

(4) shall include a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area;

(5) shall designate as many previously used trails, roads, and other areas for off highway vehicle recreation as feasible in accordance with this in order to provide a substantially similar recreational experience, except that nothing in this paragraph shall be construed as precluding the Secretary from closing any area, trail, or route from use for the purposes of public safety or resource protection;

(6) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of the enactment of this Act;

(7) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of the enactment of this Act, in accordance with this Act;

(8) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act; and

(9) may include cooperative agreements with State or local government agencies to manage all or a portion of the recreational activities within the Recreation Area in accordance with an approved management plan and the requirements of this Act.

(e) Acquisition of Property.--

(1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange.

(2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with--

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B) this Act; and

(C) any other applicable law (including regulations).

(3) Improved access.--The Secretary may acquire by purchase from willing sellers, donation, exchange, or easement, land, or interest in land to improve public safety in providing access to the Recreation Area.

(f) Private Property.--

(1) Access to private property.--

(A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area.

(B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding.

(2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

(3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around the Recreation Area.

(4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of the enactment of this Act.

(g) Water Right Exclusion.--Nothing in this Act--

(1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the Recreation Area; or

(2) shall affect any water rights existing on the date of the enactment of this Act.

(h) Hunting and Fishing.--Nothing in this Act--

(1) limits hunting or fishing; or

(2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management.

(i) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan for the use by motorized vehicles.

(j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of the enactment of this Act shall be allowed to continue, consistent with--

(1) this Act;

(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management.

(k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from--

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

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

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

(l) Fees.--Amounts received by the Secretary under the fee structure required by subsection (d)(4) shall be--

(1) deposited in a special account in the Treasury of the United States; and

(2) made available until expended to the Secretary for use in the Recreation Area.

(m) Risk Standard.--The National Oil and Hazardous Substances Pollution Contingency Plan (section 300 of title 40, Code of Federal Regulations), published pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), shall not apply to the Secretary's management of asbestos exposure risks faced by the public when recreating within the Clear Creek Recreation Area described in section 3(b). SEC. 5. JOAQUIN ROCKS WILDERNESS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 21,000 acres of Federal lands located in Fresno County and San Benito County, California, and generally depicted on a map entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System and shall be known as the ``Joaquin Rocks Wilderness''. SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.

(a) Finding.--Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the San Benito Mountain wilderness study area has been adequately studied for wilderness designation.

(b) Release.--The San Benito Mountain wilderness study area is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 7. CLARIFICATION REGARDING FUNDING.

No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.

H.R. 1838, the Clear Creek National Recreation Area and Conservation Act, would reopen an area administratively closed by the Bureau of Land Management to off-highway vehicle and other recreational activities, designate new wilderness, and release a wilderness study area back into multiple use.

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Mrs. LUMMIS. These fine gentleman include all here present. They worked together on a bipartisan basis for one of the most economically and ecologically versatile places on Earth.

I express my support for this bill and my thanks to my colleagues from California for their hard work on this bill--on my side of the aisle, Mr. Denham and Mr. Valadao; on the Democratic side, Mr. Farr, with whom I served on the Appropriations Committee and who did a wonderful job, by the way, and Mr. Costa, with whom I now serve on the Natural Resources Committee. They are fine gentlemen, one and all, from California.

Before I close, I must say I have a unique love for the State. My relative, a gentleman named Charles Fletcher Lummis, walked from Ohio to California--walked--in the 1800s, arrived in Los Angeles, and became the assistant editor of what is now the Los Angeles Times. There were only 14,000 people in Los Angeles, California. His home, El Alisal, which is between Los Angeles and Pasadena, is a State historic site in California and is a wonderful, historic place to visit.

He was the first person to photograph the Penitentes ceremony, where they actually crucified some of their colleagues in a ceremony in New Mexico. He was the American who chronicled the capture of Geronimo. He was knighted by the King of Spain for being the Californian who led the designation of national historic sites for San Juan Capistrano and others of the great missions of southern California before they were destroyed. He was a magnificent, flowery character in the State of California. His friends were people like John Muir, Teddy Roosevelt, and other famous conservationists and preservationists. I am proud to be a relative of Charles Fletcher Lummis.

I am proud of what California has done to balance its efforts in having a uniquely diverse culture and a fabulous agriculture and recreation economy. This is a unique State. This is a State that has pistachios and almonds and vegetables, which we all need to sustain ourselves in a way that will allow America to continue to play a role in feeding itself.

I was involved in an effort to try to make sure, for our own national security, that we would continue to be able to feed ourselves in this Nation, and we thought we were going to be able to feed ourselves until around the year 2050. It has been years ago since we became a net importer of food. That is not necessary. We can grow enough food in America to sustain our population. To allow us to become a net importer of food, I think, is a mistake because we have a magnificent place like California that can outgrow almost any area of our Nation if we will only be respectful and listen to the people who live there and to the people who feed us, whether they are the farm owners or the farmworkers. These are people who want to work on California and with California so as to feed America, to support their families, and to sustain a fabulous environment.

To the fine gentlemen from California who bring this bill forward and who work so hard every day to try to make sure that these different valleys and these very diverse communities come together, I offer my full support of this bill, and I commend them for their work.

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