[House Report 114-585]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-585
======================================================================
CLEAR CREEK NATIONAL RECREATION AREA AND CONSERVATION ACT
_______
May 23, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 1838]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 (c)(3)(G) shall be--
(1) deposited in a special account in the Treasury of the
United States; and
(2) made available until expended, without further
appropriation, 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)).
PURPOSE OF THE BILL
The purpose of H.R. 1838, as ordered reported, is to
establish the Clear Creek National Recreation Area in San
Benito and Fresno Counties, California, and to designate the
Joaquin Rocks Wilderness in such counties.
BACKGROUND AND NEED FOR LEGISLATION
In 2008, the U.S. Environmental Protection Agency (EPA)
found that naturally occurring asbestos (NOA) in the Clear
Creek Management Area (CCMA) serpentine soils posed a
significant public health risk, particularly to off-highway
vehicle (OHV) users. Later that year, the Bureau of Land
Management (BLM) temporarily closed the CCMA and initiated a
process to develop a long-term plan governing recreational uses
in the area. In 2014, BLM issued a Record of Decision for a
plan that closed the 30,000 acre Serpentine Area of Critical
Environmental Concern (ACEC), once considered a premier OHV
recreational site within the CCMA, to all OHV use.
In 2010, the State of California's Off Highway Motor
Vehicle Recreation Division commissioned an independent risk
assessment of NOA exposure within the Serpentine ACEC. This
report, completed by the International Environmental Research
Foundation, found that the health risk to OHV users from NOA is
minimal. Citing this report, local communities, OHV groups, and
others urged BLM to reopen the area to recreational use and
develop a management strategy that mitigates the exposure of
higher than acceptable levels of NOA and associated risks to
human health.
To accomplish this, H.R. 1838 requires BLM to reopen the
CCMA for recreational use and re-designate the area as a
National Recreation Area. It also requires BLM to develop a
plan to minimize the risk from NOA exposure and educate
visitors about its associated health risks. BLM would also be
required to reduce the impact of OHVs to protect the wildlife
habitat in the area. The bill requires BLM to develop a
permanent management plan and utilize a prior travel management
plan in the interim. Under this permanent plan, BLM would be
required to levy a recreational user fee and apply any proceeds
to the management of OHV recreation and to contract with
qualified state or local government agencies to manage all or a
portion of the Clear Creek National Recreation Area's (CCNRA)
recreational activities.
H.R. 1838 also designates approximately 21,000 acres of BLM
land adjacent to the CCMA and located in Fresno County as the
``Joaquin Rocks Wilderness'' and releases the 1,500 acre San
Benito Wilderness Study Area back into multiple use. This area
currently has no public access and has been determined by BLM
to be unsuitable for wilderness designation.
During markup, Congressman Jeff Denham offered an amendment
that requires BLM to consult with holders of easements, rights-
of-way, and other valid rights in the CCNRA when developing the
comprehensive management plan under Section 4(d) and updates
the map and the source for the interim management plan
referenced in the bill. The amendment also removes the Wild and
Scenic Rivers Act designations under Section 6 due to concerns
from local stakeholders.
COMMITTEE ACTION
H.R. 1838 was introduced on April 16, 2015, by Congressman
Sam Farr (D-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee, to the
Subcommittee on Federal Lands. The Subcommittee held a hearing
on the bill on December 9, 2015. On March 15, 2016, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman Jeff Denham
(R-CA) offered an amendment designated 046. The amendment was
adopted by unanimous consent. No other amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on March 16,
2016.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of Rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 20, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1838, the Clear
Creek National Recreation Area and Conservation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Robert A. Sunshine
(For Keith Hall, Director).
Enclosure.
H.R. 1838--Clear Creek National Recreation Area and Conservation Act
H.R. 1838 would establish a new national recreation area in
central California. The bill also would designate 21,000 acres
of adjacent lands as part of the National Wilderness
Preservation System. Based on information provided by the
Bureau of Land Management (BLM) and assuming appropriation of
the necessary amounts, CBO estimates that implementing the
legislation would cost $5 million over the 2017-2021 period.
Because enacting H.R. 1838 would increase offsetting
receipts, which are treated as reductions in direct spending,
and the associated spending of those receipts, pay-as-you-go
procedures apply. However, CBO estimates that any net effects
on direct spending would be negligible. Enacting the bill would
not affect revenues. CBO also estimates that enacting the
legislation would not increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2027.
H.R. 1838 would designate about 75,000 acres of BLM land in
California as the Clear Creek National Recreation Area. Under
the bill, the agency would be required to complete a new land
use plan for the area within two years of enactment. Based on
information from BLM regarding the costs of carrying out
similar activities, CBO estimates that completing the land use
plan would cost less than $500,000 over the 2017-2018 period.
CBO expects that, under the bill, the affected lands would
see a significant increase in use by the public and that the
BLM would need to hire additional personnel to manage the area.
Based on information provided by the agency, CBO estimates that
operating the recreation area would require 10 to 15 new
employees to carry out administrative and law enforcement
functions and that the cost of employing those individuals
would total roughly $1 million a year.
In addition, the legislation would require the BLM to
establish a user fee program for operators of motorized
vehicles to offset certain costs of administering the
recreation area; we expect that those funds would be used
primarily to construct trails and facilities for off-highway
vehicles. Based on information regarding the amount of user
fees collected at similar recreation areas, CBO estimates that
fee collections and the associated spending would total less
than $500,000 a year.
Finally, H.R. 1838 would designate 21,000 acres of lands in
central California as part of the National Wilderness
Preservation System. Because the affected lands are already
being managed for conservation purposes, CBO estimates that
designating the new wilderness would have no significant effect
on the federal budget.
H.R. 1838 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. The Congressional
Budget Office (CBO) estimates that implementing the bill would
cost $5 million over 2017-2021, subject to appropriation. CBO
also notes that the bill would increase offsetting receipts and
the associated spending of those receipts, but any net effect
on direct spending would be ``negligible.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Clear Creek National
Recreation Area in San Benito and Fresno Counties, California
and to designate the Joaquin Rocks Wilderness in such counties.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would not amend existing law.