,,ib ,union ,calendar ,no4 #adf #aaeth ,,congress #ast ,session ,h4 ,r4 #aiac ,report ,no4 #aae-bji ,,in ,,the ,,house ,,of ,,representatives ,april #e1 #bjag ,mr4 ,panetta 7for himself1 ,mr4 ,valadao1 ,mr4 ,denham1 and ,mr4 ,cook7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,july #aa1 #bjag ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to establish the ,clear ,creek ,national ,recreation ,area in ,san ,benito and ,fresno ,counties1 ,california1 to designate the ,joaquin ,rocks ,wilderness in such counties1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,clear ,creek ,national ,recreation ,area and ,conservation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,management plan ,the term management plan means the ,plan for the ,recreation ,area prepared under section #d7;c74 7#b7 ,recreation area ,the term ,recreation ,area means the ,clear ,creek ,national ,recreation ,area4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,state ,the term ,state means the ,state of ,california4 7#e7 ,off highway vehicle ,the term off highway vehicle means any motorized vehicle designed for or capable of cross-country travel on or immediately over land1 water1 snow1 or other natural terrain and not intended for use on public roads4 #c4 ,establishment of ,clear ,creek ,national ,recreation ,area 7a7 ,in general ,to promote environmentally responsible off highway vehicle recreation1 the area generally depicted as ,proposed ,clear ,creek ,national ,recreation ,area on the map titled ,proposed ,clear ,creek ,national ,recreation ,area and dated ,february #ad1 #bjag1 is established as the ,clear ,creek ,national ,recreation ,area1 to be managed by the ,secretary4 7b7 ,other purposes ,the ,recreation ,area shall also support other public recreational uses1 such as hunting1 hiking1 and rock and gem collecting4 7c7 ,map on file ,copies of the map referred to in subsection 7a7 shall be on file and available for public inspection in-- 7#a7 the ,office of the ,director of the ,bureau of ,land ,management2 and 7#b7 the appropriate office of the ,bureau of ,land ,management in ,california4 #d4 ,management 7a7 ,in general ,the ,secretary shall manage the ,recreation ,area to further the purposes described in section #c7;a71 in accordance with-- 7#a7 this ,act2 7#b7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7#c7 any other applicable law4 7b7 ,uses ,the ,secretary shall-- 7#a7 prioritize environmentally responsible off highway vehicle recreation and also facilitate hunting1 hiking1 gem collecting1 and the use of motorized vehicles1 mountain bikes1 and horses in accordance with the management plan described in subsection 7c72 7#b7 issue special recreation permits for motorized and non-motorized events2 and 7#c7 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 law4 7c7 ,interim management plan ,the ,secretary shall use the #bjjf ,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 #bjjf1 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 7d74 7d7 ,permanent management plan ,not later than #b years after the date of the enactment of this ,act1 the ,secretary shall create a comprehensive management plan for the ,clear ,creek ,recreation ,area that-- 7#a7 shall describe the appropriate uses and management of the ,recreation ,area in accordance with this ,act2 7#b7 shall be prepared in consultation with-- 7,a7 appropriate ,federal1 ,state1 and local agencies 7including ,san ,benito1 ,monterey1 and ,fresno ,counties72 7,b7 adjacent land owners2 7,c7 other stakeholders 7including conservation and recreational organizations72 and 7,d7 holders of any easements1 rights-of-way1 and other valid rights in the ,recreation ,area2 7#c7 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 ,area1 including off-highway vehicle recreation2 7#d7 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 ,area2 7#e7 shall designate as many previously used trails1 roads1 and other areas for off highway vehicle recreation as feasible in accordance with this in order to provide a substantially similar recreational experience1 except that nothing in this paragraph shall be construed as precluding the ,secretary from closing any area1 trail1 or route from use for the purposes of public safety or resource protection2 7#f7 may incorporate any appropriate decisions1 as determined by the ,secretary1 in accordance with this ,act1 that are contained in any management or activity plan for the area completed before the date of the enactment of this ,act2 7#g7 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 ,act1 in accordance with this ,act2 7#h7 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 ,act2 and 7#i7 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 ,act4 7e7 ,acquisition of property 7#a7 ,in general ,the ,secretary may acquire land adjacent to the ,national ,recreation ,area by purchase from willing sellers1 donation1 or exchange4 7#b7 ,management ,any land acquired under paragraph 7#a7 shall be managed in accordance with-- 7,a7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,b7 this ,act2 and 7,c7 any other applicable law 7including regulations74 7#c7 ,improved access ,the ,secretary may acquire by purchase from willing sellers1 donation1 exchange1 or easement1 land1 or interest in land to improve public safety in providing access to the ,recreation ,area4 7f7 ,private property 7#a7 ,access to private property 7,a7 ,in general ,the ,secretary shall provide landowners adequate access to inholdings within the ,recreation ,area4 7,b7 ,inholdings ,for access purposes1 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 inholding4 7#b7 ,use of private property ,nothing in this ,act affects the ownership1 management1 or other rights relating to any non-,federal land 7including any interest in any non-,federal land74 7#c7 ,buffer zones ,nothing in this ,act creates a protective perimeter or buffer zone around the ,recreation ,area4 7#d7 ,valid rights ,nothing in this ,act affects any easements1 rights-of-way1 and other valid rights in existence on the date of the enactment of this ,act4 7g7 ,water right exclusion ,nothing in this ,act-- 7#a7 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 ,area2 or 7#b7 shall affect any water rights existing on the date of the enactment of this ,act4 7h7 ,hunting and fishing ,nothing in this ,act-- 7#a7 limits hunting or fishing2 or 7#b7 affects the authority1 jurisdiction1 or responsibility of the ,state to manage1 control1 or regulate fish and resident wildlife under ,state law 7including regulations71 including the regulation of hunting or fishing on public land managed by the ,bureau of ,land ,management4 7i7 ,motorized vehicles ,except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency1 the use of motorized vehicles on public land in the ,recreation ,area shall be permitted only on roads1 trails1 and areas designated by the management plan for the use by motorized vehicles4 7j7 ,grazing ,in the ,recreation ,area1 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 continue1 consistent with-- 7#a7 this ,act2 7#b7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7#c7 any regulations promulgated by the ,secretary1 acting through the ,director of the ,bureau of ,land ,management4 7k7 ,withdrawal ,subject to valid existing rights1 all ,federal land within the ,recreation ,area is withdrawn from-- 7#a7 all forms of entry1 appropriation1 and disposal under the public land laws2 7#b7 location1 entry1 and patenting under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7l7 ,fees ,amounts received by the ,secretary under the fee structure required by subsection 7d77#d7 shall be-- 7#a7 deposited in a special account in the ,treasury of the ,united ,states2 and 7#b7 made available until expended to the ,secretary for use in the ,recreation ,area4 7m7 ,risk ,standard ,the ,national ,oil and ,hazardous ,substances ,pollution ,contingency ,plan 7section #cjj of title #dj1 ,code of ,federal ,regulations71 published pursuant to section #aje of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje71 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 #c7;b74 #e4 ,joaquin ,rocks ,wilderness ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the approximately #ba1jjj acres of ,federal lands located in ,fresno ,county and ,san ,benito ,county1 ,california1 and generally depicted on a map entitled ,proposed ,joaquin ,rocks ,wilderness and dated ,february #ad1 #bjag1 is designated as wilderness and as a component of the ,national ,wilderness ,preservation ,system and shall be known as the ,joaquin ,rocks ,wilderness4 #f4 ,release of ,san ,benito ,mountain wilderness study area 7a7 ,finding ,congress finds that1 for the purposes of section #fjc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb71 the ,san ,benito ,mountain wilderness study area has been adequately studied for wilderness designation4 7b7 ,release ,the ,san ,benito ,mountain wilderness study area is no longer subject to section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c774 #g4 ,clarification regarding funding ,no additional funds are authorized to carry out the requirements of this ,act4 ,such requirements shall be carried out using amounts otherwise authorized4 ,july #aa1 #bjag ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed