Sec. 401. Off-highway vehicle recreation areas
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Public Law 103–433 is amended by inserting after title XII ( 16 U.S.C. 410bbb et seq.) the following: In accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.) and resource management plans developed under this title and subject to valid rights, the following land within the Conservation Area in San Bernardino County, California, is designated as Off-Highway Vehicle Recreation Areas: Certain Bureau of Land Management land in the Conservation Area, comprising approximately 7,620 acres, as generally depicted on the map entitled Proposed Dumont Dunes OHV Recreation Area and dated November 7, 2018, which shall be known as the Dumont Dunes Off-Highway Vehicle Recreation Area .
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 16,370 acres, as generally depicted on the map entitled Proposed El Mirage OHV Recreation Area and dated December 10, 2018, which shall be known as the El Mirage Off-Highway Vehicle Recreation Area . Certain Bureau of Land Management land in the Conservation Area, comprising approximately 23,900 acres, as generally depicted on the map entitled Proposed Rasor OHV Recreation Area and dated November 7, 2018, which shall be known as the Rasor Off-Highway Vehicle Recreation Area .
Certain Bureau of Land Management land in the Conservation Area, comprising approximately 92,340 acres, as generally depicted on the map entitled Proposed Spangler Hills OHV Recreation Area and dated December 10, 2018, which shall be known as the Spangler Hills Off-Highway Vehicle Recreation Area . Certain Bureau of Land Management land in the Conservation Area, comprising approximately 40,110 acres, as generally depicted on the map entitled Proposed Stoddard Valley OHV Recreation Area and dated November 7, 2018, which shall be known as the Stoddard Valley Off-Highway Vehicle Recreation Area .
The Johnson Valley Off-Highway Vehicle Recreation Area designated by section 2945 of the Military Construction Authorization Act for Fiscal Year 2014 (division B of Public Law 113–66 ; 127 Stat. 1038) is expanded to include approximately 20,240 acres, depicted as Proposed OHV Recreation Area Additions and Proposed OHV Recreation Area Study Areas on the map entitled Proposed Johnson Valley OHV Recreation Area and dated November 7, 2018. The purpose of the off-highway vehicle recreation areas designated or expanded under subsection
(a)is to preserve and enhance the recreational opportunities within the Conservation Area (including opportunities for off-highway vehicle recreation), while conserving the wildlife and other natural resource values of the Conservation Area. As soon as practicable after the date of enactment of this title, the Secretary shall file a map and legal description of each off-highway vehicle recreation area designated or expanded by subsection
(a)with— the Committee on Natural Resources of the House of Representatives; and the Committee on Energy and Natural Resources of the Senate. The map and legal descriptions of the off-highway vehicle recreation areas filed under paragraph
(1)shall have the same force and effect as if included in this title, except that the Secretary may correct errors in the map and legal descriptions. Each map and legal description filed under paragraph
(1)shall be filed and made available for public inspection in the appropriate offices of the Bureau of Land Management. The Secretary shall continue to authorize, maintain, and enhance the recreational uses of the off-highway vehicle recreation areas designated or expanded by subsection
(a)as long as the recreational use is consistent with this section and any other applicable law. To the extent consistent with applicable Federal law (including regulations) and this section, any authorized recreation activities and use designations in effect on the date of enactment of this title and applicable to the off-highway vehicle recreation areas designated or expanded by subsection
(a)shall continue, including casual off-highway vehicular use, racing, competitive events, rock crawling, training, and other forms of off-highway recreation. Wildlife guzzlers shall be allowed in the off-highway vehicle recreation areas designated or expanded by subsection
(a)in accordance with— applicable Bureau of Land Management guidelines; and State law. Except as provided in subparagraph (B), commercial development (including development of energy facilities, but excluding energy transport facilities, rights-of-way, and related telecommunication facilities) shall be prohibited in the off-highway vehicle recreation areas designated or expanded by subsection
(a)if the Secretary determines that the development is incompatible with the purpose described in subsection (b). The Secretary may issue a temporary permit to a commercial vendor to provide accessories and other support for off-highway vehicle use in an off-highway vehicle recreation area designated or expanded by subsection
(a)for a limited period and consistent with the purposes of the off-highway vehicle recreation area and applicable laws. The Secretary shall administer the off-highway vehicle recreation areas designated or expanded by subsection
(a)in accordance with— this title; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); and any other applicable laws (including regulations). As soon as practicable, but not later than 3 years after the date of enactment of this title, the Secretary shall— amend existing resource management plans applicable to the off-highway vehicle recreation areas designated or expanded by subsection (a); or develop new management plans for each off-highway vehicle recreation area designated or expanded under that subsection. All new or amended plans under subparagraph
(A)shall be designed to preserve and enhance safe off-highway vehicle and other recreational opportunities within the applicable recreation area consistent with— the purpose described in subsection (b); and any applicable laws (including regulations). Pending completion of a new management plan under subparagraph (A), the existing resource management plans shall govern the use of the applicable off-highway vehicle recreation area. Subject to valid existing rights, all Federal land within the off-highway vehicle recreation areas designated or expanded by subsection
(a)is withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and right-of-way, leasing, or disposition under all laws relating to mineral leasing, geothermal leasing, or mineral materials. Nothing in this title— affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized energy transport facility activities (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Southern California Edison Company (including any successor in interest or assign) that is located on land included in— the El Mirage Off-Highway Vehicle Recreation Area; the Spangler Hills Off-Highway Vehicle Recreation Area; the Stoddard Valley Off-Highway Vehicle Recreation Area; or the Johnson Valley Off-Highway Vehicle Recreation Area; affects the application, siting, route selection, right-of-way acquisition, or construction of the Coolwater-Lugo transmission project, as may be approved by the California Public Utilities Commission and the Bureau of Land Management; or prohibits the upgrading or replacement of any Southern California Edison Company— utility facility, including such a utility facility known on the date of enactment of this title as— Gale-PS 512 transmission lines or rights-of-way ; Patio, Jack Ranch, and Kenworth distribution circuits or rights-of-way ; or Bessemer and Peacor distribution circuits or rights-of-way ; or energy transport facility in a right-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i). The Secretary, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Company by the date that is 1 year after the later of— the date of enactment of this title; and the date of issuance of a new energy transport facility right-of-way within— the El Mirage Off-Highway Vehicle Recreation Area; the Spangler Hills Off-Highway Vehicle Recreation Area; the Stoddard Valley Off-Highway Vehicle Recreation Area; or the Johnson Valley Off-Highway Vehicle Recreation Area. Nothing in this title— affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any successor in interest or assign) that is located on land included in the Spangler Hills Off-Highway Vehicle Recreation Area; or prohibits the upgrading or replacement of any— utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on the date of enactment of this title as— Gas Transmission Line 311 or rights-of-way ; or Gas Transmission Line 372 or rights-of-way ; or utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in clause (i). Not later than 1 year after the date of enactment of this title or the issuance of a new utility facility right-of-way within the Spangler Hills Off-Highway Vehicle Recreation Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company. In this title: The term management plan means the management plan for the Scenic Area developed under section 1403(a). The term Map means the map entitled Proposed Alabama Hills National Scenic Area and dated November 7, 2018. The term motorized vehicle means a motorized or mechanized vehicle and includes, when used by a utility, mechanized equipment, a helicopter, and any other aerial device necessary to maintain electrical or communications infrastructure. The term Scenic Area means the Alabama Hills National Scenic Area established by section 1402(a). The term State means the State of California. The term Tribe means the Lone Pine Paiute-Shoshone Tribe. Subject to valid existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area, to be comprised of the approximately 18,610 acres generally depicted on the Map as National Scenic Area . The purpose of the Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, geological, educational, biological, historical, recreational, cinematographic, and scientific resources of the Scenic Area managed consistent with section 302(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(a) ). As soon as practicable after the date of enactment of this title, the Secretary shall file a map and a legal description of the Scenic Area with— the Committee on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives. The map and legal descriptions filed under paragraph
(1)shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. Each map and legal description filed under paragraph
(1)shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. The Secretary shall manage the Scenic Area— as a component of the National Landscape Conservation System; so as not to impact the future continuing operation and maintenance of any activities associated with valid, existing rights, including water rights; in a manner that conserves, protects, and enhances the resources and values of the Scenic Area described in subsection (b); and in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); this title; and any other applicable laws. The Secretary shall allow only such uses of the Scenic Area as the Secretary determines would further the purposes of the Scenic Area as described in subsection (b). Except as otherwise provided in this title or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use in accordance with paragraph (3). Except as otherwise specified in this title, or as necessary for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Scenic Area shall be permitted only on— roads and trails designated by the Secretary for use of motorized vehicles as part of a management plan sustaining a semiprimitive motorized experience; or county-maintained roads in accordance with applicable State and county laws. Nothing in this title creates a protective perimeter or buffer zone around the Scenic Area. The fact that an activity or use on land outside the Scenic Area can be seen or heard within the Scenic Area shall not preclude the activity or use outside the boundaries of the Scenic Area. The Secretary shall provide private landowners adequate access to inholdings in the Scenic Area. Nothing in this title prohibits filming (including commercial film production, student filming, and still photography) within the Scenic Area— subject to— such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and applicable law; and in a manner consistent with the purposes described in subsection (b). Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. The grazing of livestock in the Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this title, shall be permitted to continue— subject to— such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and applicable law; and in a manner consistent with the purposes described in subsection (b). Subject to the provisions of this title and valid rights in existence on the date of enactment of this title, including rights established by prior withdrawals, the Federal land within the Scenic Area is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Nothing in this title prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Scenic Area, consistent with the purposes described in subsection (b). The Secretary may enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the Scenic Area. Nothing in this title— affects the existence, use, operation, maintenance (including vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of any utility facility or appurtenant right-of-way within or adjacent to the Scenic Area; subject to subsection (e), affects necessary or efficient access to utility facilities or rights-of-way within or adjacent to the Scenic Area; and precludes the Secretary from authorizing the establishment of new utility facility rights-of-way (including instream sites, routes, and areas) within the Scenic Area in a manner that minimizes harm to the purpose of the Scenic Area as described in subsection (b)— in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and any other applicable law; subject to such terms and conditions as the Secretary determines to be appropriate; and that are determined by the Secretary to be the only technical or feasible location, following consideration of alternatives within existing rights-of-way or outside of the Scenic Area. Consistent with this title, the Management Plan shall establish provisions for maintenance of public utility and other rights-of-way within the Scenic Area. Not later than 3 years after the date of enactment of this title, in accordance with subsections
(b)and (c), the Secretary shall develop a comprehensive plan for the long-term management of the Scenic Area. In developing the management plan, the Secretary shall consult with— appropriate State, Tribal, and local governmental entities, including Inyo County and the Tribe; utilities, including Southern California Edison Company and the Los Angeles Department of Water and Power; the Alabama Hills Stewardship Group; and members of the public. In accordance with this title, the management plan shall include provisions for maintenance of existing public utility and other rights-of-way within the Scenic Area. In developing the management plan, in accordance with this section, the Secretary may allow casual use mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. Pending completion of the management plan, the Secretary shall manage the Scenic Area in accordance with section 1402(b). On completion of the survey described in subsection (b), all right, title, and interest of the United States in and to the approximately 132 acres of Federal land depicted on the Map as Lone Pine Paiute-Shoshone Reservation Addition shall be held in trust for the benefit of the Tribe, subject to paragraphs
(2)and (3). The land described in paragraph
(1)shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record in existence on the date of enactment of this title. The Federal land over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat. 801, chapter 3926), shall not be taken into trust for the Tribe. Not later than 180 days after the date of enactment of this title, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under subsection (a)(1). The land held in trust pursuant to subsection (a)(1) shall be considered to be a part of the reservation of the Tribe. Land held in trust under subsection (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq.)). Administrative jurisdiction over the approximately 56 acres of Federal land depicted on the Map as USFS Transfer to BLM is transferred from the Forest Service to the Bureau of Land Management. Nothing in this title limits commercial services for existing or historic recreation uses, as authorized by the permit process of the Bureau of Land Management. Commercial permits to exercise guided recreational opportunities for the public that are authorized as of the date of enactment of this title may continue to be authorized. .
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- Pub. L. 103-433
- 127 Stat. 1038
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Sec. 401
Off-highway vehicle recreation areas
Pub. L.Pub. L. 103-433
Stat.127 Stat. 1038
Cites 9Cited by 0 across 0 sources