A bill to designate certain lands in the California Desert as wilderness, to establish Death Valley, Joshua Tree, and Mojave National Parks, and for other purposes.
TABLE OF CONTENTS:
Title I: Designation of Wilderness Areas to be Administered
by the Bureau of Land Management
Title II: Designation of Wilderness Areas to be Administered
by the United States Fish and Wildlife Service
Title III: Death Valley National Park
Title IV: Joshua Tree National Park
Title V: Mojave National Preserve
Title VI: National Park System Wilderness
Title VII: Miscellaneous Provisions
Title VIII: Military Lands and Overflights
Title IX: Authorization of Appropriations
Title X: Protection of Bodie Bowl
Title XI: Lower Mississippi Delta Region Initiatives
Title XII: New Orleans Jazz National Historical Park
California Desert Protection Act of 1994 - Title I: Designation of Wilderness Areas to be Administered by the Bureau of Land Management - Designates as additions to the National Wilderness Preservation System 69 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, the Bakersfield District, and the California Desert District of the Bureau of Land Management. Permits grazing in such areas.
(Sec. 102) Permits a road to be constructed across the Argus Range Wilderness if: (1) the Secretary of the Navy has been granted permission to use lands within the China Lake Naval Air Warfare Center for installation of a space energy laser facility; and (2) a right-of-way across the Argus Range lands is desirable to facilitate access.
(Sec. 103) Provides for the administration of wilderness areas. Specifies tht nothing in this Act shall restrict or preclude continued law enforcement and border operations within such areas.
(Sec. 104) States that non-designated areas within the CDCA (with exceptions) have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions.
(Sec. 105) Designates certain lands within the CDCA as the White Mountains Wilderness Study Area.
(Sec. 107) Establishes the Desert Lily Sanctuary and the Dinosaur Trackway Area of Critical Environmental Concern within the CDCA.
Title II: Designation of Wilderness Areas to be Administered by the United States Fish and Wildlife Service - Designates certain lands in the Havasu National Wildlife Refuge and the Imperial National Wildlife Refuge in California as components of the System.
(Sec. 204) Bars the reservation of rights to water of the Colorado River with respect to such areas.
Title III: Death Valley National Park - Establishes the Death Valley National Park which subsumes the Death Valley National Monument.
Withdraws all Federal lands within the Park from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under mineral and geothermal leasing laws. Preserves grazing privileges on such lands at no more than the current level, subject to applicable laws and National Park Service regultions.
(Sec. 307) Directs the Secretary of the Interior to establish an Advisory Commission to advise on the development of a comprehensive management plan for the Park.
(Sec. 308) Adjusts the boundary of the Park and the Death Valley National Park Wilderness to exclude lands known as the Porter Mine (Panamint Range).
Title IV: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws all Federal lands within the Park from the same forms of appropriation or entry under public land, mining, and mineral and geothermal leasing laws as are applicable to lands within Death Valley National Park.
(Sec. 406) Continues the validity of certain rights-of-way of the Metropolitan Water District (MWD).
(Sec. 407) Directs the Secretary to establish an Advisory Commission to advise on the development of a comprehensive management plan for the Park.
Title V: Mojave National Preserve - Establishes the Mojave National Preserve.
(Sec. 505) Abolishes the East Mojave National Scenic Area.
(Sec. 507) Withdraws Federal lands within the Preserve from the same forms of appropriation or entry under the public land, mining, and and mineral and geothermal leasing laws as are applicable to lands within Death Valley National Park. Preserves grazing privileges on such lands at no more than the current level, subject to applicable laws and National Park Service regulations.
(Sec. 511) Continues the validity of certain rights-of-way to the Southern California Edison Company, the Southern California Gas Company, Molybdenum Corporation of America, Molycorp, Incorporated, and Union Oil Company of California.
(Sec. 513) Designates the Granite Mountains Natural Reserve within the Preserve.
(Sec. 518) Requires the Secretary to establish an Advisory Commission to advise on the development of a comprehensive management plan for the Preserve.
(Sec. 519) Prohibits lands within wilderness areas or National Park System units designated by this Act that are owned by persons other than the United States from being subject to Federal regulations until acquired by the United States.
Title VI: National Park System Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Preserve Wilderness.
Title VII: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California.
(Sec. 705) Directs the Secretary to: (1) ensure access to the wilderness areas and park units designated by this Act for traditional Indian cultural and religious purposes; and (2) conduct a study to identify lands suitable for a reservation for the Timbisha Shoshone Tribe that are located within the Tribe's aboriginal homeland area within and outside the boundaries of the Death Valley National Monument and the Death Valley National Park.
(Sec. 706) Reserves Federal water rights for wilderness areas designated by this Act.
(Sec. 707) Directs the Secretary, upon request of the California State Lands Commission, to enter into negotiations for agreements to exchange certain Federal lands for California State School Lands located within the boundaries of the wilderness areas or park units designated by this Act. Establishes restrictions on the disposal of Federal property within California until such School Lands are acquired.
(Sec. 708) Directs the Secretary to: (1) provide adequate access to private property within the boundaries of the conservation units and wilderness areas designated by this Act; and (2) report to specified congressional committees identifying all Federal lands and facilities that provide recreational or tourism use and analyzing by State and region any fees charged for entry, along with appropriate recommendations.
(Sec. 710) Requires lands and interests in lands acquired pursuant to this Act to be appraised without regard to the presence of a species listed as threatened or endangered pursuant to the Endangered Species Act of 1973.
Title VIII: Military Lands and Overflights - California Military Lands Withdrawal and Overflights Act of 1994 - States that nothing in this Act or in other land management laws applicable to units of the National Park or Wilderness Preservation Systems shall preclude military overflights over park or wilderness areas designated by this Act.
(Sec. 803) Withdraws from appropriation under public land laws, and reserves for defense-related purposes by the Secretary of the Navy, specified lands in California known as the China Lake Naval Weapons Center and Chocolate Mountain. Withdraws such lands from appropriation under the mining and mineral leasing laws.
(Sec. 805) Directs the Secretary of the Navy to take necessary precautions to prevent and suppress brush and range fires occurring on such lands as a result of military activities.
Assigns management responsibility for the China Lake area to the Secretary of the Navy. Directs the Secretary of the Interior to be responsible for the issuance of any lease, easement, right-of-way, and other authorization with respect to any activity on the withdrawn lands.
Continues existing contracts for the development of geothermal resources at China Lake upon the expiration of the withdrawal or relinquishment of China Lake.
(Sec. 806) Terminates land withdrawals under this Act 20 years after this Act's enactment. Requires the Secretary of the Navy to publish a draft environmental impact statement on the continued or renewed withdrawal of lands under this Act.
(Sec. 807) Requires the Secretary of the Navy to maintain a decontamination program for such lands during their withdrawal.
(Sec. 808) Requires the Secretary of the Navy to notify the Secretary of the Interior whether an extension is going to be requested and, if not, to what extent such lands are contaminated with hazardous materials. Requires the Secretary of the Navy to decontaminate relinquished lands, but if such decontamination is not practicable or economically feasible, authorizes the Secretary of the Interior to refuse to accept such lands. Requires the Secretary of the Navy to: (1) warn the public of risks of entry; (2) conduct only decontamination activities on such lands after the expiration of the withdrawal; and (3) report to the Secretary of the Interior and the Congress on the status of such lands.
(Sec. 811) Exempts the United States from liability for damages resulting from nonmilitary activity on withdrawn lands.
(Sec. 812) Authorizes the Navy's use of the El Centro Ranges in Imperial County, California, through 1996.
Title IX: Authorization of Appropriations - Authorizes appropriations.
Title X: Protection of Bodie Bowl - Bodie Protection Act of 1994 - Prohibits the Bodie Bowl (California) from being available for any mineral mining, leasing, or disposal activities, except under valid existing claims. Directs the Secretary of the Interior to undertake an expedited validity review of all unpatented mining claims located within the Bodie Bowl. Prescribes limitations for the issuance of patents for mining and mill site claims on such lands.
(Sec. 1005) Directs the Secretary to require that mineral activities be conducted in the Bodie Bowl so as to: (1) avoid adverse effects on the historic, cultural, recreational, and natural resource values of the Bowl; and (2) minimize other adverse impacts to the environment.
Mandates reclamation of the effects of mining exploration by mining operators.
Exempts the holder of any unpatented mining or mill site claim within the Bodie Bowl from specified statutory expenditure and filing requirements. Declares that, in lieu of filing a certain affidavit of assessment work, such holder shall only be required to file a specified notice of intention to hold certain mining claims.
(Sec. 1006) Directs the Secretary to: (1) review possible actions to preserve specified characteristics of the Bodie Bowl; and (2) report to certain congressional committees recommendations to achieve such preservation.
(Sec. 1007) Authorizes appropriations.
Title XI: Lower Mississippi Delta Region Initiatives - Directs the Secretary to: (1) prepare and transmit to the Congress a study of significant natural, recreational, historical or prehistorical, and cultural lands, waters, sites, and structures located within the Lower Mississippi Delta Region, taking into consideration the research and inventory of resources conducted by the Mississippi River Heritage Corridor Study Commiission; (2) inventory significant structures and sites in the Delta Region, based on the study, and recommend and encourage cooperative preservation and economic development efforts such as the establishment of preservation districts linking groups of contiguous counties or parishes; and (3) prepare a list of such structures and sites for possible inclusion by the National Park Service as National Historic Landmarks or such other appropriate designations.
(Sec. 1105) Requires the Secretary to prepare and transmit to the Congress recommendations for the establishment of a Delta Region Native American Heritage Corridor and Heritage and Cultural Center and a Delta Region African American Heritage Corridor and Heritage and Cultural Center with a network of satellite or cooperative units.
(Sec. 1106) Authorizes the Secretary to provide technical and financial assistance to Historically Black Colleges and Universities to undertake a comprehensive survey of historic and prehistoric structures and sites located on their campuses, including recommendations as to the inclusion of appropriate structures and sites on the National Register of Historic Places, designation as National Historic Landmarks or other appropriate designation as determined by the Secretary, and stabilization, preservation, and interpretation of such structure and sites. Directs the Secretary to make specific proposals and recommendations for a comprehensive plan to assist such colleges and universities in the preservation and interpretation of such structures and sites.
(Sec. 1107) Requires the Secretary to prepare and transmit to the Congress a study of the feasibility of establishing a Delta Antiquities Trail or Delta Antiquities Heritage Corridor in the Delta Region.
(Sec. 1108) Directs the Secretary to conduct a comprehensive program for the research, interpretation, and preservation of significant historic and archeological resources, and to establish a national demonstration project for the conservation and curation of the archeological records and collections of Federal and State management agencies, in the Delta Region.
Authorizes the Secretary to: (1) award grants to qualified tribal, governmental, and non-governmental entities and individuals to assist in carrying out program elements; and (2) award grants and provide other types of technical and financial assistance to such entities and individuals to conserve and protect specified historic and archeological sites and structures in the Delta Region.
(Sec. 1109) Authorizes appropriations.
Title XII: New Orleans Jazz National Historical Park - New Orleans Jazz National Historical Park Act of 1994 - Establishes the New Orleans Jazz National Historical Park.
(Sec. 1207) Establishes the New Orleans Jazz Commission.
(Sec. 1208) Authorizes appropriations.
Laid on the table. See S. 21 for further action.
Referred to the Committee on Energy and Natural Resources.
The previous question was ordered pursuant to the rule.
Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.(consideration: 10/6/1994 CR H11131)
Motion to reconsider laid on the table Agreed to without objection.
On agreeing to the conference report Agreed to by voice vote. (consideration: 10/6/1994 CR H11131)
Conference papers: message on House action held at the desk in Senate.
Motion to proceed to consideration of measure made in Senate.
Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
Conference report considered in Senate. (consideration: CR S14618, S14621)
Cloture motion on the conference report presented in Senate.
Conference report considered in Senate. (consideration: CR S14961-14970)
Cloture on the conference report invoked in Senate by Yea-Nay Vote. 68-23. Record Vote No: 326. (consideration: CR S14967)
Roll Call #326 (Senate)Enacted as Public Law 103-433
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See S.21.
Motion to reconsider laid on the table Agreed to without objection.
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.(consideration: CR S14970)
Senate agreed to conference report by Voice Vote. (consideration: CR S14970)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 103-433.
Became Public Law No: 103-433.