Library / Laws / 113th / hr / H.R. 4858 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4858
IN THE HOUSE OF REPRESENTATIVES
June 12, 2014
Ms. Chu (for herself, Mr. Schiff, and Mr. Cárdenas) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To establish the San Gabriel National Recreation Area as a unit of the National Park System in the
State of California, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the San Gabriel National Recreation Area Act.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of San Gabriel National Recreation Area.
Sec. 4. Management.
Sec. 5. Non-Federal lands.
Sec. 6. Water rights; water resource facilities; public roads; utility facilities.
Sec. 7. San Gabriel National Recreation Area Public Advisory Council.
Sec. 8. San Gabriel National Recreation Area Partnership.
Sec. 9. Access and visitor services.
2.
Definitions
In this Act:
(1)
Adjudication
The term adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating
or affecting water rights, surface water management, or groundwater
management.
(2)
Advisory council
The term advisory council means the San Gabriel National Recreation Area Public Advisory Council established by section
7(a).
(3)
Federal lands
The term Federal lands includes lands under the jurisdiction of the Secretary of Agriculture or the Secretary of the
Interior.
(4)
Management plan
The term management plan means the management plan for the San Gabriel National Recreation Area required by section 4(e).
(5)
Park lands
The term park lands means Federal lands under the jurisdiction of the Secretary and administered as part of the
National Park System.
(6)
Partnership
The term partnership means the San Gabriel National Recreation Partnership established by section 8(a).
(7)
Recreation area
The term recreation area means the San Gabriel National Recreation Area established by section 3(b).
(8)
Secretary
The term Secretary means the Secretary of the Interior.
(9)
Secretaries
The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture acting jointly.
(10)
State
The term State means the State of California.
(11)
Utility facility
The term utility facility means electric substations, communication facilities, towers, poles, and lines, ground wires,
communication circuits, and other structures, and related infrastructure.
(12)
Water resource facility
The term water resource facility means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water
conservation works, including debris protection facilities, sediment
placement sites, rain gauges, and stream gauges, water quality facilities,
recycled water facilities and water pumping, conveyance distribution
systems, and water treatment facilities, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and other
ancillary facilities, groundwater recharge facilities, water conservation,
water filtration plants, and other water diversion, conservation,
groundwater recharge, storage, and carriage structures.
3.
Establishment of San Gabriel National Recreation Area
(a)
Purposes
The purposes of this Act are—
(1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations
the ecological, scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the recreation area;
(2) to provide environmentally responsible, well-managed recreational opportunities within the
recreation area, and improve access to and from the recreation area;
(3) to provide expanded educational and interpretive services that will increase public understanding
of and appreciation for the natural and cultural resources of the
recreation area;
(4) to facilitate the cooperative management of the lands and resources within the recreation area, in
collaboration with the State and political subdivisions of the State,
historical, business, cultural, civic, recreational, tourism and other
nongovernmental organizations, and the public; and
(5) to allow the continued use of the recreation area by all persons, entities, and local government
agencies in activities relating to integrated water management, flood
protection, water conservation, water quality, water rights, water supply,
groundwater recharge and monitoring, wastewater treatment, public roads
and bridges, and utilities within or adjacent to the recreation area.
(b)
Establishment and boundaries
Subject to valid existing rights, there is hereby designated the San Gabriel National Recreation
Area in the State, which shall consist of approximately 615,245 acres of
Federal lands and interests in land in the State as depicted on the map
titled San Gabriel National Recreation Area and dated June 12, 2014.
(c)
Map and legal description
(1)
In general
As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map
and a legal description of the recreation area with—
(A) the Committee on Natural Resources of the House of Representatives; and
(B) the Committee on Energy and Natural Resources of the Senate.
(2)
Force of law
The map and legal description filed under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any clerical
and typographical errors in the map and legal description.
(3)
Public availability
The 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 agencies
of the Department of the Interior.
(d)
Administration and jurisdiction
(1)
National forest system lands
The National Forest System lands within the recreation area shall be administered by the Secretary
of Agriculture.
(2)
National park system lands
The park lands shall be administered by the Secretary as a unit of the National Park System.
(3)
No change in jurisdiction
Nothing in this Act transfers administrative jurisdiction of Federal lands from the Secretary of
Defense or Secretary of Agriculture to the Secretary.
(4)
State and local jurisdiction
Nothing in this Act alters, modifies, or diminishes any right, responsibility, power, authority,
jurisdiction, or entitlement of the State, any political subdivision
thereof, or any State, or local agency under existing Federal, State, and
local law (including regulations).
(5)
Military jurisdiction
Nothing in this Act affects lands under the jurisdiction of the Secretary of Defense.
(6)
Applicable law
Nothing in this Act shall be construed to apply the laws (including regulations) generally
applicable to units of the National Park System to the National Forest
System lands in the recreation area.
(7)
Administrative transfer
Administrative jurisdiction over the approximately 2,987 acres of land administered by the Bureau
of Land Management that is identified as BLM lands for transfer on the map entitled San Gabriel National Recreation Area, and dated June 12, 2014, is transferred from the Bureau of Land Management to the National Park
Service.
4.
Management
(a)
National forest system
Subject to valid existing rights, the Secretary of Agriculture shall manage the National Forest
System lands within the recreation area in a manner that protects, and
enhances their natural resources and values, in accordance with—
(1) this Act;
(2) the laws, regulations, and rules applicable to the National Forest System;
(3) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(4) other applicable law (including Federal, State, or local law, and regulations).
(b)
National park system
Subject to valid existing rights, the Secretary shall manage the park lands in a manner that
protects, and enhances their natural resources and values, in accordance
with—
(1) this Act;
(2) the laws generally applicable to units of the National Park System, including the National Park
Service Organic Act (16 U.S.C. 1 et seq.); and
(3) other applicable law (including Federal, State, or local law, and regulations).
(c)
Consultation
The Secretary of Agriculture and the Secretary shall consult with the Secretary of Defense
regarding opportunities to manage, to the maximum extent practicable, the
Army Corps of Engineers lands within the recreation area in accordance
with the purposes described in section 3(a).
(d)
Uses
(1)
National forest system
Subject to valid existing rights, the Secretary of Agriculture shall—
(A) allow such uses of the National Forest System lands as the Secretary of Agriculture determines
would further the purposes described in section 3(a).
(B) continue to authorize, maintain, and enhance the recreational use of National Forest System lands
within the recreation area, including hunting, fishing, swimming,
bicycling, camping, hiking, hang gliding, sightseeing, nature study,
horseback riding, rafting, motorized recreation on authorized routes and
in authorized areas, and other recreational activities that are feasible
and consistent with—
(i) the purposes described in section 3(a);
(ii) this section; and
(iii) any other applicable Federal, State, and local laws, ordinances, and plans.
(2)
Non-Federal lands
Nothing in this Act shall—
(A) authorize the Secretary or the Secretary of Agriculture to take any action that would affect the
use of any land not owned by the United States;
(B) affect the use of, or access to, any non-Federal land within the recreation area;
(C) modify any provision of Federal, State, or local law with respect to public access to or use of
non-Federal land;
(D) require any owner of non-Federal land to allow public access (including Federal, State, or local
government access) to private property or any other non-Federal land;
(E) alter any duly adopted land use regulation, approved land use plan, or any other regulatory
authority of any State, or local agency, or tribal government;
(F) create any liability, or affects any liability under any other law, of any private property owner
or other owner of non-Federal land with respect to any person injured on
private property or other non-Federal land;
(G) convey any land use or other regulatory authority to the partnership;
(H) be construed to cause any Federal, State, or local regulations or permit requirements intended to
apply to units of the National Park System, to affect the Federal lands
outside of park lands or non-Federal lands of the recreation area; or
(I) require any city to participate in any program administered by the Secretary or Secretary of
Agriculture.
(3)
Cooperation
The Secretary and the Secretary of Agriculture are encouraged to work with owners of non-Federal
land who have agreed to cooperate with the Secretary and the Secretary of
Agriculture to further the purposes of this Act.
(4)
Buffer zones
(A)
In general
Congress does not intend for designation of the recreation area to lead to the creation of
protective perimeters or buffer zones around the recreation area.
(B)
Activities or uses up to boundaries
The fact that certain activities or land can be seen or heard from within the recreation area shall
not, of itself, preclude the activities or land uses up to the boundary of
the recreation area.
(5)
Facilities
Nothing in this Act shall affect the operation, maintenance, modification, construction, or
expansion of any water resource facility or any solid waste, sanitary
sewer, water or wastewater treatment, groundwater recharge or
conservation, hydroelectric, conveyance distribution system, recycled
water facility, or utility facility located within or adjacent to the
recreation area.
(6)
Exemption
Section 5(c) of Public Law 90–401 (16 U.S.C. 460l–22(c)) shall not apply to the Puente Hills
landfill, materials recovery facility, or intermodal facility.
(e)
Management plan
Not later than 3 years after the date of the enactment of this Act, the Secretaries and the
advisory council shall create a comprehensive management plan for the
recreation area that fulfills the purposes described in section 3(a).
(1)
In general
In developing the management plan required by this section, and to the extent consistent with this
section, the Secretaries may incorporate any provision from a land and
resource management plan, or any other plan applicable to the recreation
area.
(2)
Access and visitor services
The Secretaries shall, to the maximum extent practicable, incorporate the visitor services plan and
access study required by section 9 into the management plan required by
this subsection.
(3)
Partnership
In developing the management plan, the Secretaries shall consider recommendations of the
partnership. To the maximum extent practicable, the Secretary shall
incorporate recommendations of the partnership into the management plan,
where such recommendations are feasible and consistent with the purposes
in section 3(a), this Act, and applicable laws (including regulations).
(f)
Fish and wildlife
(1)
In general
Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located
on public land in the State.
(2)
Hunting
The Secretary of Agriculture may permit hunting on National Forest System lands within the
recreation area, consistent with applicable Federal, State, and local
laws.
(g)
Motorized vehicles
(1)
In general
Except as provided in paragraph (2), motorized vehicle use on National Forest System lands within
the recreation area shall be permitted only on roads and trails designated
by the management plan for use by motorized vehicles.
(2)
Exception
The Secretary of Agriculture may permit the use of motorized vehicles off roads and trails
designated for use by motorized vehicles—
(A) to respond to an emergency;
(B) for administrative purposes;
(C) within the—
(i) Little Rock Off-Highway Vehicle Area; and
(ii) San Gabriel Canyon Off-Highway Vehicle Area; or
(D) as necessary to permit local government agencies and electrical or communication utilities to
perform activities relating to fire management, law enforcement,
integrated water management, flood protection and water conservation
(including debris control and sediment management), water replenishment,
water rights, water supply, public roads and bridges, utility facility,
including the operation, maintenance, and construction of any utility
facility or right-of-way.
(h)
Withdrawal
(1)
In general
Subject to valid existing rights, all Federal land within the recreation area is withdrawn from—
(A) entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) leasing or disposition under all laws relating to—
(i) minerals; and
(ii) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(2)
Additional land
If the Secretary of Agriculture or the Secretary acquires additional land, in accordance with
section 5(a), that is located within or adjacent to the recreation area
after the date of the enactment of this Act, the land is withdrawn from
operation of the laws referred to in paragraph (1) on the date of
acquisition of the land.
(i)
Grazing
The Secretary of Agriculture shall permit grazing on the National Forest System lands within the
recreation area, where established before the date of the enactment of
this Act—
(1) subject to all applicable laws (including regulations);
(2) consistent with the purposes described in subsection 3(a); and
(3) subject to such reasonable regulations as the Secretary of Agriculture deems necessary.
(j)
Wildland fire operations
(1)
In general
Nothing in this section prohibits the Secretary of Agriculture in cooperation with other Federal,
State, and local agencies, as appropriate, from conducting wildland fire
operations, consistent with the purposes described in section 3(a).
(2)
Consultation and revision of plans
As soon as practicable after the date of enactment of this Act, the Secretary shall, in
consultation with appropriate State or local firefighting agencies, amend
the local fire management plans that apply to the recreation area.
(k)
Native American cultural and religious uses
Nothing in this Act diminishes—
(1) the rights of any Indian tribe; or
(2) any tribal rights regarding access to Federal land for tribal activities, including spiritual,
cultural, and traditional food-gathering activities.
5.
Non-Federal lands
(a)
Incorporation and limitation on acquired lands and interests
(1)
Authority
The Secretary and the Secretary of Agriculture may acquire non-Federal land within the boundaries
of the recreation area only through exchange, donation, or purchase from a
willing seller.
(2)
Eminent domain
Nothing in this Act authorizes the use of eminent domain to acquire land or interests in land.
(3)
Management
(A)
In general
Any land or interest in land acquired by the United States and located within the recreation area
shall—
(i) be part of the recreation area; and
(ii) be administered in accordance with—
(I) this section; and
(II) any other applicable law (including regulations).
(B)
Administration
(i) Any land or interest in land that is located within the recreation area that is acquired by the
Forest Service shall be administered by the Secretary of Agriculture.
(ii) Any land or interest in land that is located within the recreation area that is acquired by the
National Park Service shall be incorporated into the park lands and
administered by the Secretary.
(b)
Additional Requirement
Any land acquired by the Secretary or Secretary of Agriculture shall, in the opinion of the
appropriate Secretary, contain important biological, cultural, historic,
or recreational values.
6.
Water rights; water resource facilities; public roads; utility facilities
(a)
No effect on water rights
Nothing in this Act—
(1) shall affect the use or allocation, in existence on the date of the enactment of this Act, of any
water, water right, or interest in water (including potable, recycled,
reclaimed, waste, imported, exported, banked, stored water, surface water,
groundwater, and public trust interests);
(2) shall affect any public or private contract in existence on the date of the enactment of this Act
for the sale, lease, or loan of any water (including potable, recycled,
reclaimed, waste, imported, exported, banked, stored water, surface water,
and groundwater);
(3) shall be considered to be a relinquishment or reduction of any water rights reserved or
appropriated by the United States in the State on or before the date of
the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water rights or expands water usage pursuant to any
existing Federal reserved riparian or appropriative rights;
(5) shall be considered to be a relinquishment or reduction of any water rights (including potable,
recycled, reclaimed, waste, imported, exported, banked, stored water,
surface water and groundwater) held, reserved or appropriated by any
public entity, or other person or entities, on or before the date of the
enactment of this Act;
(6) shall be construed to, or shall interfere or conflict with the exercise of the powers or duties of
any watermaster, public agency, or other body or entity responsible for
groundwater or surface water management or groundwater replenishment as
designated or established pursuant to any adjudication, or Federal or
State statute including, without limitation, the management of the San
Gabriel River watershed and basin, to provide water supply and other
environmental benefits as described in—
(A) the Southwestern Willow Flycatcher Management Plan San Gabriel River—Morris Reservoir to Santa Fe
Dam dated September 2012; or
(B) the Long-Term Management Plan: West Fork San Gabriel River dated May 8, 1989;
(7) shall be construed to, or shall interfere or conflict with any provision of any judgment or court
order issued, or rule or regulation adopted, pursuant to any adjudication
affecting water, water rights or water management in the San Gabriel River
or Lytle Creek watersheds and basins;
(8) shall be construed to impede or adversely impact any previously adopted Los Angeles County Drainage
Area project, as described in the report of the Chief of Engineers dated
June 30, 1992, including any supplement or addendum to that report, or any
maintenance agreement to operate the project;
(9) shall interfere or conflict with any action by a watermaster or public agency that is authorized
pursuant to Federal or State statute, water right or adjudication,
including, but not limited to, actions relating to water conservation,
water quality, surface water diversion or impoundment, groundwater
recharge, water treatment, conservation or storage of water, pollution,
waste discharge, the pumping of groundwater; the spreading, injection,
pumping, storage, or the use of water from local sources, storm water
flows, and runoff, or from imported or recycled water, that is undertaken
in connection with the management or regulation of the San Gabriel River
or Lytle Creek watersheds and groundwater basins;
(10) shall interfere with, obstruct, hinder, or delay the exercise of, or access to, any water right by
the owner of a public water system, or other person or entity, including,
but not limited to, the construction, operation, maintenance, replacement,
repair, location, or relocation of any well; pipeline; or water pumping,
treatment, diversion, impoundment, or storage facility; or other facility
or property necessary or useful to access any water right or operate any
public water system;
(11) shall require initiation or reinitiation of consultation with the United States Fish and Wildlife
Service under, or the application of provisions of, the Endangered Species
Act (16 U.S.C. 1531 et seq.) concerning—
(A) the plans described in paragraph 6(A) or 6(B); or
(B) any action or activity affecting water, water rights or water management or water resource
facilities in the San Gabriel River or Lytle Creek watersheds and basins;
or
(12) authorizes any agency or employee of the United States, or any other person, to take any action
inconsistent with paragraphs (1) through (11).
(b)
Definition
As used in this section, adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating
or affecting water rights, surface water management, or groundwater
management.
(c)
Water resource facilities
(1)
No effect on existing water resource facilities
Nothing in this Act shall affect—
(A) the use, operation, maintenance, repair, construction, reconfiguration, expansion, or replacement
of a water resource facility within or adjacent to the recreation area; or
(B) access to a water resource facility within or adjacent to the recreation area.
(2)
No effect on new water resource facilities
Nothing in this Act shall preclude the establishment of new water resource facilities (including
instream sites, routes, and areas) within the recreation area if such
facilities are necessary to preserve or enhance the health, safety, water
supply, or utility services to residents of Los Angeles or San Bernardino
Counties.
(3)
Flood control
Nothing in this Act shall be construed to—
(A) impose new restrictions or requirements on flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality operations; or
(B) increase the liability of agencies carrying out flood protection, water conservation, water supply,
groundwater recharge, water transfers, or water quality operations.
(4)
Diversion or use of water
Nothing in this Act shall authorize or require the use of water in or the diversion of water to the
recreation area or the park lands.
(d)
Utility facilities and rights of way
Nothing in this Act shall—
(1) affect the use, operation, maintenance, repair, construction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition, relocation,
improvement, removal, or replacement of utility facilities or appurtenant
rights of way within or adjacent to the recreation area;
(2) affect access to utility facilities or rights of way within or adjacent to the recreation area; or
(3) preclude the establishment of new utility facilities or rights of way (including instream sites,
routes, and areas) within the recreation area if such facilities are
necessary for public health and safety, electricity supply, or other
utility services.
(e)
Roads; public transit
(1)
Definitions
In this subsection:
(A)
Public roads
the term public roads means any paved road or bridge (including any appurtenant structures and rights of way) that is
operated or maintained by a non-Federal entity and is—
(i) open to vehicular use by the public; or
(ii) used by public agencies or utilities for the operation, maintenance, repair, construction, and
rehabilitation of infrastructure, utility facility, or right-of-way.
(B)
Public transit
The term public transit means transit services (including operations and rights of way) that are operated or maintained by
a non-Federal entity and are—
(i) open to the public; or
(ii) used by public agencies or contractors for the operation, maintenance, repair, construction, and
rehabilitation of infrastructure, utility facility, or right-of-way.
(2)
No effect on public roads or public transit
Nothing in this Act—
(A) authorizes the Secretary or Secretary of Agriculture to take any action that would affect the
operation, maintenance, repair, and rehabilitation of public roads or
public transit (including activities necessary to comply with Federal and
State safety standards or public transit); or
(B) creates any new liability, or increases any existing liability, of any owner of operator of public
roads.
7.
San Gabriel National Recreation Area Public Advisory Council
(a)
Establishment
Not more than 180 days after the date of the enactment of this Act, the Secretaries shall establish
a public advisory council, to be known as the San Gabriel National Recreation Area Public Advisory Council.
(b)
Duties
The public advisory council shall—
(1) advise the Secretaries on the development and implementation of the management plan; and
(2) advise the Secretary on the development and implementation of the visitor services plan and access
study required by section 3.
(c)
Applicable law
The public advisory council shall be subject to—
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) all other applicable law (including regulations).
(d)
Members
(1)
Size of public advisory council
The public advisory council shall include 21 members.
(2)
Makeup of public advisory council
After considering the recommendations of the partnership, the Secretaries shall appoint members of
the public advisory council to represent the following interests—
(A) two members to represent local, regional, or national environmental organizations;
(B) two members to represent the interests of outdoor recreation, including off-highway vehicle
recreation, within the recreation area;
(C) two members to represent the interests of community-based organizations whose mission includes
expanding access to the outdoors;
(D) two members to represent business interests;
(E) one member to represent Native American tribes within or adjacent to the recreation area;
(F) one member to represent the interests of homeowners’ associations within the recreation area;
(G) three members to represent the interests of holders of adjudicated water rights, water agencies,
wastewater and sewer agencies, recycled water facilities, and water
replenishment entities;
(H) one member to represent energy and mineral development interests;
(I) one member to represent owners of Federal grazing permits, or other land use permits within the
recreation area;
(J) one member to represent archaeological and historical interests;
(K) one member to represent the interests of environmental educators;
(L) one member to represent cultural history interests;
(M) one member to represent environmental justice interests;
(N) one member to represent electrical utility interests; and
(O) two members to represent the affected public at large.
(e)
Terms
(1)
Staggered terms
Members of the public advisory council shall be appointed for terms of 3 years, except that, of the
members first appointed, 6 of the members shall be appointed for a term of
1 year and 6 of the members shall be appointed for a term of 2 years.
(2)
Reappointment
A member may be reappointed to serve on the public advisory council upon the expiration of the
member’s current term.
(3)
Vacancy
A vacancy on the public advisory council shall be filled in the same manner as the original
appointment.
(f)
Quorum
A quorum shall be ten members of the public advisory council. The operations of the advisory
council shall not be impaired by the fact that a member has not yet been
appointed as long as a quorum has been attained.
(g)
Chairperson and procedures
The public advisory council shall elect a chairperson and establish such rules and procedures as it
deems necessary or desirable.
(h)
Service without compensation
Members of the public advisory council shall serve without pay.
(i)
Termination
The public advisory council shall cease to exist—
(1) on the date that is five years after the date on which the management plans are officially adopted
by the Secretaries; or
(2) on such later date as the Secretaries consider appropriate.
8.
San Gabriel National Recreation Area Partnership
(a)
In general
There is hereby established the San Gabriel National Recreation Area Partnership.
(b)
Purposes
The purposes of the partnership are to—
(1) coordinate the activities of Federal, State, tribal, and local authorities, and the private sector,
in fulfilling the purposes of this Act; and
(2) use the resources and expertise of each agency in improving the management and recreational
opportunities within the recreation area.
(c)
Membership
The members of the partnership shall include the following:
(1) The Secretary of Agriculture, or a designee of the Secretary, to represent the Forest Service.
(2) The Secretary, or a designee of the Secretary, to represent the National Park Service and Bureau of
Land Management.
(3) The Secretary of Defense, or a designee of the Secretary, to represent the Army Corps of Engineers.
(4) The Secretary of the State Natural Resources Agency, or a designee of the Secretary, to represent
the California Department of Parks and Recreation and the Rivers and
Mountains Conservancy.
(5) A designee of the Los Angeles County Board of Supervisors.
(6) A designee of the San Bernardino County Board of Supervisors.
(7) A designee of the Puente Hills Habitat Preservation Authority.
(8) Four designees of the San Gabriel Council of Governments, one of whom is to be elected from a local
land conservancy.
(9) Two designees of the San Bernardino Associated Governments.
(10) A designee of the San Gabriel Valley Economic Partnership.
(11) A designee of the Los Angeles County Flood Control District.
(12) A designee of the San Gabriel Valley Water Association.
(13) A designee of the Central Basin Water Association.
(14) A designee of the Six Basins Watermaster.
(15) A designee of a public utility company, to be appointed by the Secretary.
(16) A designee of the Watershed Conservation Authority.
(17) A designee of the public advisory council so long as the public advisory council remains in effect.
(d)
Duties
To further the purposes of this Act, and in a manner consistent with the purposes described in
section 3(a), the partnership shall—
(1) make recommendations to the Secretaries on the development and implementation of the management
plan;
(2) advise the Secretary of Agriculture on the provision and management of recreational opportunities,
and improvement of visitor services and education on the National Forest
System lands within the recreation area;
(3) review and comment on the visitor services plan and access study required by section 103;
(4) seek opportunities to facilitate the implementation of the visitor services plan and access study
required by section 9;
(5) assist units of local government, regional planning organizations, and nonprofit organizations in
fulfilling the purposes of the recreation area by—
(A) carrying out programs and projects that recognize, protect, and enhance important resource values
within the recreation area;
(B) establishing and maintaining interpretive exhibits and programs within the recreation area;
(C) developing recreational and educational opportunities in the recreation area, consistent with the
purposes of this Act;
(D) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural
resources of the recreation area;
(E) ensuring that signs identifying points of public access and sites of interest are posted throughout
the recreation area;
(F) promoting a wide range of partnerships among governments, organizations, and individuals to further
the purposes of the recreation area; and
(G) ensuring that management of the recreation area takes into account local ordinances and land-use
plans, as well as adjacent residents and property owners;
(6) make recommendations to the Secretaries on members to be appointed to the advisory council; and
(7) undertake any other action necessary to fulfill the purposes of this Act.
(e)
Authorities
The partnership may, subject to the prior approval of the Secretary, for the purposes of preparing
and implementing the management plans, use Federal funds made available
under this section to—
(1) make grants to the State, political subdivisions of the State, nonprofit organizations, and other
persons;
(2) enter into cooperative agreements with, or provide grants or technical assistance to, the State,
political subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including funds and services provided under any other
Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities that further the purposes of the recreation
area and are consistent with the approved management plans.
(f)
Terms of office; reappointment; vacancies
(1)
Terms
Members of the partnership shall be appointed for terms of 3 years.
(2)
Reappointment
A member may be reappointed to serve on the partnership upon the expiration of the member’s current
term.
(3)
Vacancy
A vacancy on the partnership shall be filled in the same manner as the original appointment.
(g)
Quorum
A quorum shall be eleven members of the partnership. The operations of the partnership shall not be
impaired by the fact that a member has not yet been appointed as long as a
quorum has been attained.
(h)
Chairperson and procedures
The partnership shall elect a chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i)
Service without compensation
Members of the partnership shall serve without pay.
(j)
Duties and authorities of the secretary
(1)
In general
The Secretary shall convene the partnership on a regular basis to carry out this Act.
(2)
Visitor services and access
The Secretary is authorized to carry out the visitor services plan required by section 9(a)(2) and
access study required by section 9(c)(2).
(3)
Technical and financial assistance
The Secretary may provide technical and financial assistance, on a reimbursable or non-reimbursable
basis, as determined by the Secretary, to the partnership or any members
of the partnership to carry out this Act.
(4)
Cooperative agreements
The Secretary may enter into cooperative agreements with the partnership, any members of the
partnership, or other public or private entities to provide technical,
financial or other assistance to carry out this Act.
(5)
Construction of facilities on non-Federal lands
(A)
In general
In order to facilitate the administration of the recreation area, the Secretary is authorized,
subject to valid existing rights, to construct administrative or visitor
use facilities on non-Federal public lands within the recreation area.
(B)
Additional requirement
Such facilities may only be developed—
(i) with the consent of the owner of the non-Federal public land; and
(ii) in accordance with applicable Federal, State, and local laws, regulations, and plans.
(6)
Priority
The Secretary shall give priority to actions that—
(A) conserve the significant natural, historic, cultural, and scenic resources of the recreation area;
and
(B) provide educational, interpretive, and recreational opportunities consistent with the purposes of
the recreation area.
(k)
Committees
The partnership shall establish—
(1) a Water Technical Advisory Committee to advise the Secretaries on water-related issues relating to
the recreation area; and
(2) a Public Safety Advisory Committee to advise the Secretaries on public safety issues relating to
the recreation area.
9.
Access and visitor services
(a)
Visitor services
(1)
Purpose
The purpose of this subsection is to facilitate the development of an integrated visitor services
plan that will improve visitor experiences within the recreation area
through expanded recreational opportunities, and increased interpretation,
education, resource protection, and enforcement.
(2)
Plan required
Not later than three years after the date of the enactment of this Act, and in accordance with this
subsection, the Secretary, in consultation with the Secretary of
Agriculture and the Partnership, shall develop an integrated visitor
services plan for the recreation area.
(3)
Contents
The visitor services plan required by this subsection shall—
(A) assess current and anticipated future visitation to the recreation area, including recreation
destinations;
(B) consider the demand for various types of recreation (including hiking, picnicking, horseback
riding, and the use of motorized and mechanized vehicles) where
permissible and appropriate;
(C) evaluate the impacts of recreation on natural and cultural resources, water resource facilities,
public roads, adjacent residents and property owners, and utilities within
the recreation area, as well as the effectiveness of current enforcement
efforts;
(D) assess the current level of interpretive and educational services and facilities;
(E) include recommendations to—
(i) expand opportunities for high-demand recreational activities, consistent with the purposes
described in section 3(a);
(ii) better manage recreation area resources and improve the experience of recreation area visitors
through expanded interpretive and educational services and facilities, and
improved enforcement; and
(iii) better manage recreation area resources to reduce negative impacts on the environment, ecology, and
integrated water management activities in the area;
(F) in coordination and consultation with owners of non-Federal land, assess options to incorporate
recreational opportunities on non-Federal land into the recreation area—
(i) in a manner consistent with the purposes and uses of the non-Federal land; and
(ii) with the consent of the non-Federal land owner;
(G) assess opportunities to provide recreational opportunities that connect the San Gabriel River to
the National Forest System lands; and
(H) be developed and carried out in accordance with applicable Federal, State, and local laws and
ordinances.
(4)
Consultation
In developing the plan required by this subsection, the Secretary shall—
(A) consult with—
(i) the Secretary of Agriculture and other appropriate Federal agencies;
(ii) the partnership;
(iii) the public advisory council;
(iv) appropriate State and local agencies; and
(v) interested nongovernmental organizations; and
(B) involve members of the public.
(b)
Visitor facilities
The Secretary and Secretary of Agriculture are authorized to construct visitor use facilities,
within the recreation area. Such facilities shall be developed in
conformance with all existing Federal, State, and local laws (including
regulations) and applicable Federal, State, and local plans.
(c)
Access study
(1)
Purpose
The purpose of this subsection is to assess the feasibility of improving the accessibility of the
recreation area.
(2)
Study required
Not later than three years after the date of the enactment of this Act, and in accordance with this
subsection, the Secretary shall conduct a study on the accessibility of
the recreation area.
(3)
Contents
The access study required by this subsection shall—
(A) evaluate the means by which members of the public access various locations within the recreation
area;
(B) consider alternatives to sustainably improve the recreational access of the National Forest System
from the San Gabriel River;
(C) provide options and recommendations for improving the accessibility of the recreation area,
consistent with the purposes described in section 3(a); and
(D) be developed and carried out in accordance with applicable Federal, State, and local laws and
ordinances.
(4)
Consultation
In developing the study required by this subsection, the Secretary shall—
(A) consult with—
(i) the Secretary of Agriculture and other appropriate Federal agencies;
(ii) the partnership;
(iii) the public advisory council;
(iv) appropriate State and local agencies; and
(v) interested nongovernmental organizations; and
(B) involve members of the public.
(d)
Donations
(1)
In general
The Secretary and the Secretary of Agriculture may accept and use donated funds, property, in-kind
contributions, and services to carry out this Act.
(2)
Prohibition
The Secretary or Secretary of Agriculture may not accept non-Federal land that has been acquired
through use of eminent domain after the date of the enactment of this Act.
(e)
Coordination
(1)
In general
The Secretary of Agriculture and the Secretary shall coordinate in carrying out this Act.
(2)
Cooperative agreements
In carrying out this Act, the Secretary and Secretary of Agriculture may make grants to, or enter
into cooperative agreements with, State, tribal, and local governmental
entities and private entities to conduct research, develop scientific
analyses, and carry out any other initiative relating to the management of
and visitation to the recreation area.
(3)
Coordination between Federal agencies
(A)
Agreement required
Not later than 18 months after the date of the enactment of this Act, the Secretary of Agriculture
shall enter into an agreement with the Secretary to carry out this Act on
National Forest System lands within the recreation area.
(B)
Required components
The agreement required by subparagraph (A) shall address, at a minimum, in a manner consistent with
the purposes for which the recreation area has been established—
(i) sharing of resources between the Secretary of Agriculture and Secretary;
(ii) improved visitor services, education, and enforcement;
(iii) enhanced resource protection within the recreation area; and
(iv) better connecting the National Forest System lands and park lands.
(C)
National park service
The Secretary may share resources such as management, research, planning, interpretation, visitor
services, and enforcement with any unit of the National Park System.
(D)
Angeles national forest
The Secretary may share resources such as management, research, planning, interpretation, visitor
services, and enforcement with the Angeles National Forest in order to
fulfill the purposes of the recreation area.
(4)
Technical assistance
The Secretary may provide technical assistance to interested public agencies, private landowners,
and organizations, to carry out the purposes of this Act.
(f)
Diversion or use of water
Nothing in this Act shall authorize or require the use of water in or the diversion of water to the
recreation area or the park lands.