Sec. 603. Management
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The Secretary shall allow hiking, camping, hunting, trapping, fishing, and sightseeing and the use of motorized vehicles, mountain bikes, and horses on designated routes in the Management Area in a manner that— is consistent with the purpose of the Management Area; ensures public health and safety; and is consistent with applicable law. Except as otherwise provided in this subsection and subject to all other applicable laws, the use of off-highway vehicles shall be permitted on routes in the Management Area generally depicted on the map. Subject to paragraph (3), the Secretary may temporarily close or permanently reroute a portion of a route described in paragraph
(1)or opened pursuant to paragraph (4)— to prevent, or allow for restoration of, resource damage; to protect tribal cultural resources, including the resources identified in the tribal cultural resources management survey conducted under subsection (g); to address public safety concerns; or as otherwise required by law. Except in the case of the temporary closure of a route due to an emergency, before any routes described in paragraph
(1)are closed, the Secretary should open new routes pursuant to paragraph
(4)to ensure that there is no net loss in the total mileage of open routes in the Management Area available for off-highway vehicle use. During the three-year period beginning on the date of enactment of this Act, the Secretary— shall accept petitions from the public regarding additional routes for off-highway vehicles in the Management Area; and may designate additional routes that the Secretary determines— would provide significant or unique recreational opportunities; and are consistent with the purposes of the Management Area. Not later than 180 days after the date of the enactment of this Act, the Secretary shall enter into a memorandum of understanding with the California Department of Fish and Wildlife to permit operationally feasible, ongoing access to the Management Area for the placement and maintenance of water development projects as considered necessary for wildlife conservation. Except as provided in paragraph (2), the Secretary shall permit hunting, trapping, and fishing within the Management Area in accordance with applicable Federal and State laws (including regulations). No amphibians or reptiles may be collected within the Management Area, except for— scientific purposes; the removal of an invasive species; or identification/medical purposes in response to a snakebite. The Secretary, after consultation with the California Department of Fish and Wildlife, may designate zones in which, and establish periods during which, hunting, trapping, and fishing shall not be allowed in the Management Area for reasons of public safety, administration, resource protection, or public use and enjoyment. Nothing in this title terminates any valid existing grazing permit within the Management Area. Nothing in this title affects the Lazy Daisy grazing permit (permittee number 9076) on land included in the Management Area including the transfer of title to the grazing permit to the Secretary or to a private party. The Secretary may acquire base property and associated grazing permits within the Management Area for purposes of permanently retiring the permit if— the permittee is a willing seller; the permittee and Secretary reach an agreement concerning the terms and conditions of the acquisition; and termination of the allotment would further the purposes of the Management Area described in section 602(b). The Management Area will remain— open to location, entry, and patent under the public mining laws; and subject to the mineral leasing and mineral materials laws. New mining will not be permitted on— any land within the Management Area donated to the United States for conservation purposes since January 1, 1995; or more than 10 percent of the total acreage of the Management Area. The Secretary shall provide adequate access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Management Area to ensure the reasonable maintenance, use, and enjoyment of the land or interest by the owner. Not later than two years after enactment of this title, the Secretary shall consult with the owners of all non-Federal land within the boundary of the Monument to inventory all existing motorized access routes to private parcels existing as of the date of enactment of this title. The Secretary shall not close or deny use of any routes inventoried in paragraph (2). Subject to paragraph (5), the Secretary may temporarily or permanently reroute a portion of a route inventoried in paragraph
(2)to address public safety concerns. Except in the case of temporary closure of a route due to an emergency, before any route inventoried in paragraph
(2)is closed, the Secretary must open a new motorized access route to private parcels impacted by the closure. Except as provided in paragraphs
(2)and (3), or as required for the customary operation, maintenance, upgrade, expansion, or development of energy transport facilities within corridors or rights-of-way described in subsection (g), no commercial enterprises shall be authorized within the boundary of the Management Area after the date of enactment of this Act. The Secretary may authorize exceptions to paragraph
(1)if the Secretary determines that the commercial enterprise would further the purposes described in section 602(b). This subsection does not apply to the following: Energy transport facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms may be defined in section 217 of the Federal Power Act ( 16 U.S.C. 824q )). Mining. Commercial vehicular touring enterprises within the Management Area that operate on designated routes. Holders of permits for commercial enterprises, such as touring, wildlife viewing, or guiding for profit, within the Management Area, regardless of whether the permit is issued before, on, or after the date of the enactment of this Act. Commercial operations that take place on non-Federal land within the boundary of the Management Area. Subject to paragraph (2), nothing in this title precludes, prevents, or inhibits the following activities within rights-of-way or corridors in existence in the Management Area as of the date of the enactment of this Act: Use of mechanized vehicles. Customary operation. Maintenance. Construction. Incidental uses. Upgrades or expansion. Relocation within the right-of-way. Replacement. Development of energy transport facilities. The activities described in paragraph
(1)shall be conducted in a manner that minimizes the impact of the activities on Management Area resources. The Secretary shall, to the maximum extent practicable— permit rights-of-way and corridor alignments that best protect the values and resources of the Management Area described in section 602(b); and ensure that— existing rights-of-way and utility corridors within the Management Area are fully utilized before authorizing any new or expanded utility right-of-way or corridor; and no economically, technically, or legally feasible alternative exists outside the Management Area before authorizing a new or expanded energy transport facility right-of-way or corridor within the Management Area. Nothing in this section terminates or limits any valid right-of-way within the Management Area in existence as of the date of enactment of this Act (including the customary operation, maintenance, repair, relocation within an existing right-of-way, or replacement of energy transport facilities within an existing right-of-way), or other authorized right-of-way, including a right-of-way described in subparagraph (B). A right-of-way referred to in subparagraph
(A)includes, but is not limited to— a right-of-way issued, granted, or permitted to— the Southern California Edison Company or any predecessors, successors, or assigns of the Southern California Edison Company, which are referred to as of the date of enactment of this Act as Lugo-Mohave, Eldorado-Lugo, Cima-Eldorado-Pisgah 1 and 2, and Lugo-Pisgah 1 and 2 transmission line rights-of-way, Hector, Lava, Sheephole, and Danby distribution circuit rights-of-way, and any rights-of-way affiliated with the Camino Substation; the Pacific Gas and Electric Company or any predecessors, successors, or assigns of the Pacific Gas and Electric Company, which are referred to as Gas Transmission Lines 300A, 300B, 311, and 372 rights-of-way; the Southern California Gas Company or any predecessors, successors, or assigns of the Southern California Gas Company, which are referred to as Gas Transmission Lines 235, 3000, and 6916 rights-of-way; and the Celeron Pipeline Company and the All American Pipeline Company by Right-of-Way Grant No. CA 14013 from the Bureau of Land Management; and a right-of-way authorization issued on the expiration of an existing right-of-way authorization described in clause (i). Not later than one year after the date of enactment of this Act, the Secretary, in consultation with the Southern California Edison Company, the Pacific Gas and Electric Company, the Southern California Gas Company, and the Metropolitan Water District of Southern California, shall publish plans for regular and emergency access by such utilities to the respective rights-of-way of those utilities within the Management Area. Nothing in this subsection prohibits the upgrading (including the construction, relocation, or replacement within an existing right-of-way) or expansion of an existing energy transport facility for the purpose of increasing the transmission capacity of the energy transport facility or for providing energy storage consistent with requirements of the California Public Utilities Commission, or the Federal or State agency with regulatory authority over those actions, in— existing rights-of-way or corridors within the Management Area; or a right-of-way issued, granted, or permitted by the Secretary that is contiguous or adjacent to existing energy transport facility rights-of-way, including existing Southern California Edison Company, Pacific Gas and Electric Company, and Southern California Gas Company energy transport facility rights-of-way. For purposes of utility rights-of-way under this subsection, the Secretary shall consider the Interstate 40 transportation corridor to be equivalent to a utility right-of-way corridor in existence as of the date of the enactment of this Act. Except as authorized in subparagraph (B), any new right-of-way within the Management Area shall— only be permitted— in an energy corridor that is designated as of the date of enactment of this Act; or as an expansion of an energy corridor described in subclause (I); and require compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). A new right-of-way, or expansion of an existing energy corridor, authorized by subparagraph
(A)shall only be approved if the Secretary, in consultation with applicable Federal and State agencies, determines that the new right-of-way or expansion of an existing corridor is consistent with— this title; other applicable laws; the purposes of the Management Area described in section 602(b); and the management plan for the Management Area. Nothing in this title or the management plan restricts or precludes— overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Management Area; the designation or creation of new units of special use airspace; the establishment of military flight training routes over the Management Area; or the use (including takeoff and landing) of helicopters and other aerial devices to construct or maintain energy transport facilities. Subject to valid existing rights, all Federal land within the Management Area is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; and right-of-way, leasing, or disposition under all laws relating to solar, wind, and geothermal energy. Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited within the Management Area. The establishment of the Management Area shall not— create a protective perimeter or buffer zone around the Management Area; or restrict, preclude, limit, or prevent uses or activities outside the Management Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Management Area. The Secretary shall ensure that visitors to the Management Area have access to adequate notice relating to the availability of designated routes in the Management Area through— the placement of appropriate signage along the designated routes; the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate; and restoration of areas that are not designated as open routes, including vertical mulching. In consultation with Indian tribes and other interested persons, the Secretary shall develop a program to provide opportunities for monitoring and stewardship of the Management Area to minimize environmental impacts and prevent resource damage from recreational use, including volunteer assistance with— route signage; restoration of closed routes; protection of Management Area resources; and recreation education. Not later than two years after the date of enactment of this Act, the Secretary, in accordance with chapter 2003 of title 54, United States Code, and any other applicable law, shall— prepare and complete a tribal cultural resources survey of the Management Area; and consult with the Fort Mojave Indian Tribe, the Colorado River Indian Tribes, the Chemehuevi Indian Tribe, the San Manuel Band of Serrano Mission Indians, and other Indian tribes with historic or cultural ties to land within, or adjacent to, the Management Area regarding the management of portions of the Management Area containing sacred sites or cultural importance to the Indian tribes on the development and implementation of the tribal cultural resources survey under paragraph (1). The establishment of the Management Area does not affect— any land or interest in land held by the State of California, political subdivision of the State, or special district; any private property right (including a water development right) within or adjacent to the boundaries of the Management Area; any land, interest in land, or customary operation, maintenance, repair, or replacement activity carried out on, over, or under land or within an existing right-of-way in the Management Area; or access to valid existing water rights and the operation and maintenance of water conveyance structures associated with the water rights. Nothing in this title grants to the Secretary any authority on or over non-Federal land not already provided by law.
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