I
118TH CONGRESS
1ST SESSION H. R. 3681
To modify the boundaries of the San Gabriel Mountains National Monument in the State of California to include additional National Forest System land, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2023
Ms. C HU (for herself, Mrs. N APOLITANO, Ms. B ARRAGA´N, Mr. B ERA, Ms.
BROWNLEY, Mr. C ARBAJAL, Mr. C A´RDENAS, Mr. D ESAULNIER, Ms.
ESHOO, Mr. G ARAMENDI, Mr. R OBERT GARCIA of California, Mr. G OMEZ, Mr. H UFFMAN, Ms. K AMLAGER-DOVE, Mr. K HANNA, Ms. L EE of Cali- fornia, Ms. L OFGREN, Mr. M ULLIN, Ms. P ORTER, Mr. S CHIFF, Mr.
SHERMAN, Mr. S WALWELL, Ms. S A´NCHEZ, Mr. T AKANO, Ms. W ATERS, and Mr. N ADLER) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To modify the boundaries of the San Gabriel Mountains
National Monument in the State of California to include additional National Forest System land, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S HORT TITLE.—This Act may be cited as the 4
‘‘San Gabriel Mountains Protection Act’’. 5
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(b) TABLE OF CONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National monument boundary modification.
Sec. 4. Designation of wilderness areas and additions.
Sec. 5. Administration of wilderness areas and additions.
Sec. 6. Designation of wild and scenic rivers.
Sec. 7. Water rights.
Sec. 8. Reauthorization of existing water facilities in Pleasant View Ridge Wil- derness.
SEC. 2. DEFINITIONS.
3 In this Act: 4
(1) S ECRETARY.—The term ‘‘Secretary’’ means 5
the Secretary of Agriculture. 6
(2) W ILDERNESS AREA OR ADDITION .—The 7
term ‘‘wilderness area or addition’’ means any wil-8
derness area or wilderness addition designated by 9
section 4(a). 10
SEC. 3. NATIONAL MONUMENT BOUNDARY MODIFICATION. 11
(a) I N GENERAL.—The San Gabriel Mountains Na-12
tional Monument established by Presidential Proclamation 13 9194 (54 U.S.C. 320301 note) (referred to in this section 14 as the ‘‘Monument’’) is modified to include the approxi-15 mately 109,167 acres of additional National Forest Sys-16 tem land depicted as the ‘‘Proposed San Gabriel Moun-17 tains National Monument Expansion’’ on the map entitled 18 ‘‘Proposed San Gabriel Mountains National Monument 19
Expansion’’ and dated June 26, 2019. 20
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(b) A DMINISTRATION.—The Secretary shall admin-1
ister the Monument (including the land added to the 2
Monument by subsection (a)), in accordance with— 3
(1) Presidential Proclamation Number 9194 4
(79 Fed. Reg. 62303); 5
(2) the laws generally applicable to the Monu-6
ment; and 7
(3) this Act. 8
(c) M ANAGEMENT PLAN.—Not later than 3 years 9
after the date of enactment of this Act, the Secretary shall 10 consult with the State, local governments, and interested 11 members of the public to update the San Gabriel Moun-12 tains National Monument Plan to provide management di-13 rection and protection for the land added to the Monu-14 ment by subsection (a). 15
SEC. 4. DESIGNATION OF WILDERNESS AREAS AND ADDI-16
TIONS. 17
(a) D ESIGNATION.—In accordance with the Wilder-18
ness Act (16 U.S.C. 1131 et seq.), the following parcels 19 of National Forest System land in the State are des-20
ignated as wilderness and as components of the National 21 Wilderness Preservation System: 22
(1) CONDOR PEAK WILDERNESS .—Certain Fed-23
eral land in the Angeles National Forest, comprising 24 approximately 8,207 acres, as generally depicted on 25
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the map entitled ‘‘Condor Peak Wilderness—Pro-1
posed’’ and dated June 6, 2019, which shall be 2
known as the ‘‘Condor Peak Wilderness’’. 3
(2) S AN GABRIEL WILDERNESS ADDITIONS .— 4
Certain Federal land in the Angeles National Forest, 5
comprising approximately 2,032 acres, as generally 6
depicted on the map entitled ‘‘San Gabriel Wilder-7
ness Additions’’ and dated June 6, 2019, which is 8
incorporated in, and considered to be a part of, the 9
San Gabriel Wilderness designated by Public Law 10
90–318 (16 U.S.C. 1132 note; 82 Stat. 131). 11
(3) S HEEP MOUNTAIN WILDERNESS ADDI -12
TIONS.—Certain Federal land in the Angeles Na-13
tional Forest, comprising approximately 13,726 14
acres, as generally depicted on the map entitled 15
‘‘Sheep Mountain Wilderness Additions’’ and dated 16
June 6, 2019, which is incorporated in, and consid-17
ered to be a part of, the Sheep Mountain Wilderness 18
designated by section 101(a)(29) of the California 19
Wilderness Act of 1984 (16 U.S.C. 1132 note; Pub-20
lic Law 98–425; 98 Stat. 1623). 21
(4) YERBA BUENA WILDERNESS .—Certain Fed-22
eral land in the Angeles National Forest, comprising 23 approximately 6,694 acres, as generally depicted on 24
the map entitled ‘‘Yerba Buena Wilderness—Pro-25
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posed’’ and dated June 6, 2019, which shall be 1
known as the ‘‘Yerba Buena Wilderness’’. 2
(b) MAP AND LEGAL DESCRIPTION.— 3
(1) I N GENERAL .—As soon as practicable after 4
the date of enactment of this Act, the Secretary 5
shall file a map and a legal description of the wilder-6 ness areas and additions with— 7
(A) the Committee on Energy and Natural 8
Resources of the Senate; and 9
(B) the Committee on Natural Resources 10
of the House of Representatives. 11
(2) F ORCE OF LAW .—The map and legal de-12
scription filed under paragraph (1) shall have the 13
same force and effect as if included in this Act, ex-14 cept that the Secretary may correct any clerical or 15
typographical error in the map or legal description. 16 (3) PUBLIC AVAILABILITY .—The map and legal 17
description filed under paragraph (1) shall be on file 18 and available for public inspection in the appropriate 19 offices of the Forest Service. 20
SEC. 5. ADMINISTRATION OF WILDERNESS AREAS AND AD-21
DITIONS. 22
(a) I N GENERAL.—Subject to valid existing rights, 23
the wilderness areas and additions shall be administered 24 by the Secretary in accordance with this section and the 25 VerDate Sep 11 2014 00:10 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3681.IH H3681pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3681 IH
Wilderness Act (16 U.S.C. 1131 et seq.), except that any 1 reference in that Act to the effective date of that Act shall 2 be considered to be a reference to the date of enactment 3 of this Act. 4
(b) F IRE MANAGEMENT AND RELATED ACTIVI-5
TIES.— 6
(1) IN GENERAL .—The Secretary may carry out 7
such activities in a wilderness area or addition as 8
are necessary for the control of fire, insects, or dis-9 eases in accordance with— 10
(A) section 4(d)(1) of the Wilderness Act 11
(16 U.S.C. 1133(d)(1)); and 12
(B) House Report 98–40 of the 98th Con-13
gress. 14
(2) FUNDING PRIORITIES .—Nothing in this Act 15
limits funding for fire or fuels management in a wil-16 derness area or addition. 17
(3) R EVISION AND DEVELOPMENT OF LOCAL 18
FIRE MANAGEMENT PLANS .—As soon as practicable 19
after the date of enactment of this Act, the Sec-20
retary shall amend, as applicable, any local fire man-21 agement plan that applies to a wilderness area or 22
addition. 23
(4) A DMINISTRATION.—In accordance with 24
paragraph (1) and any other applicable Federal law, 25
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to ensure a timely and efficient response to a fire 1
emergency in a wilderness area or addition, the Sec-2
retary shall— 3
(A) not later than 1 year after the date of 4
enactment of this Act, establish agency ap-5
proval procedures (including appropriate delega-6
tions of authority to the Forest Supervisor, Dis-7
trict Manager, or other agency officials) for re-8
sponding to fire emergencies; and 9
(B) enter into agreements with appropriate 10
State or local firefighting agencies. 11
(c) G RAZING.—The grazing of livestock in a wilder-12
ness area or addition, if established before the date of en-13 actment of this Act, shall be administered in accordance 14 with— 15
(1) section 4(d)(4) of the Wilderness Act (16 16
U.S.C. 1133(d)(4)); and 17
(2) the guidelines contained in Appendix A of 18
the report of the Committee on Interior and Insular 19
Affairs of the House of Representatives accom-20
panying H.R. 2570 of the 101st Congress (H. Rept. 21
101–405). 22
(d) FISH AND WILDLIFE.— 23
(1) I N GENERAL .—In accordance with section 24
4(d)(7) of the Wilderness Act (16 U.S.C. 25
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1133(d)(7)), nothing in this Act affects the jurisdic-1 tion or responsibility of the State with respect to 2
fish or wildlife on public land in the State. 3
(2) MANAGEMENT ACTIVITIES .— 4
(A) I N GENERAL .—In support of the pur-5
poses and principles of the Wilderness Act (16 6
U.S.C. 1131 et seq.), the Secretary may con-7
duct any management activity that the Sec-8
retary determines to be necessary to maintain 9
or restore a fish or wildlife population or habi-10
tat in a wilderness area or addition, if the activ-11
ity is conducted in accordance with— 12
(i) applicable wilderness management 13
plans; and 14
(ii) appropriate policies, such as the 15
policies established in Appendix B of the 16
report of the Committee on Interior and 17
Insular Affairs of the House of Represent-18
atives accompanying H.R. 2570 of the 19
101st Congress (H. Rept. 101–405). 20
(B) I NCLUSIONS.—A management activity 21
under subparagraph (A) may include the occa-22
sional and temporary use of motorized vehicles, 23
if the use, as determined by the Secretary, 24
would maintain or improve wilderness char-25
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acter, is impossible to accomplish by non-1
motorized methods, and is in accordance with 2
memoranda of understanding between the Fed-3
eral agencies and the California State Depart-4
ment of Fish and Wildlife. 5
(C) E XISTING ACTIVITIES .—In accordance 6
with section 4(d)(1) of the Wilderness Act (16 7
U.S.C. 1133(d)(1)) and other appropriate poli-8
cies (such as the policies established in Appen-9
dix B of the report of the Committee on Inte-10
rior and Insular Affairs of the House of Rep-11
resentatives accompanying H.R. 2570 of the 12
101st Congress (H. Rept. 101–405)), the State 13
may use aircraft (including helicopters) in a 14
wilderness area or addition to survey, capture, 15
transplant, monitor, or provide water for a wild-16
life population, including bighorn sheep, if the 17
activity, as determined by the Secretary is im-18
possible to accomplish without use of aircraft, 19
and is in accordance with memoranda of under-20
standing between the Federal agencies and the 21
California State Department of Fish and Wild-22
life. 23
(e) BUFFER ZONES.— 24
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(1) I N GENERAL .—Nothing in this Act estab-1
lishes any protective perimeter or buffer zone around 2 a wilderness area or addition. 3
(2) ACTIVITIES OR USES UP TO BOUNDARIES .— 4
The fact that a nonwilderness activity or use can be 5
seen or heard from within a wilderness area or addi-6
tion shall not preclude the activity or use up to the 7 boundary of the wilderness area or addition. 8
(f) MILITARY ACTIVITIES.—Nothing in this Act pre-9
cludes— 10
(1) low-level overflights of military aircraft over 11
a wilderness area or addition; 12
(2) the designation of a new unit of special air-13
space over a wilderness area or addition; or 14
(3) the use or establishment of a military flight 15
training route over a wilderness area or addition. 16
(g) H ORSES.—Nothing in this Act precludes horse-17
back riding in, or the entry of recreational or commercial 18 saddle or pack stock into, a wilderness area or addition— 19 (1) in accordance with section 4(d)(5) of the 20
Wilderness Act (16 U.S.C. 1133(d)(5)); and 21
(2) subject to such terms and conditions as the 22
Secretary determines to be necessary. 23
(h) L AW ENFORCEMENT.—Nothing in this Act pre-24
cludes any law enforcement or drug interdiction effort 25 VerDate Sep 11 2014 00:10 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3681.IH H3681pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3681 IH
within a wilderness area or addition, in accordance with 1 the Wilderness Act (16 U.S.C. 1131 et seq.). 2
(i) W ITHDRAWAL.—Subject to valid existing rights, 3
the wilderness areas and additions are withdrawn from— 4 (1) all forms of entry, appropriation, and dis-5
posal under the public land laws; 6
(2) location, entry, and patent under the mining 7
laws; and 8
(3) operation of the mineral materials and geo-9
thermal leasing laws. 10
(j) INCORPORATION OF ACQUIRED LAND AND INTER-11
ESTS.—Any land within the boundary of a wilderness area 12 or addition that is acquired by the United States shall— 13 (1) become part of the wilderness area or addi-14
tion in which the land is located; and 15
(2) be managed in accordance with this section, 16
the Wilderness Act (16 U.S.C. 1131 et seq.), and 17
any other applicable law (including regulations). 18
(k) C LIMATOLOGICAL DATA COLLECTION.—In ac-19
cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 20 and subject to such terms and conditions as the Secretary 21 may prescribe, the Secretary may authorize the installa-22 tion and maintenance of hydrologic, meteorologic, or cli-23 matological collection devices in a wilderness area or addi-24 tion if the Secretary determines that the device and access 25 VerDate Sep 11 2014 00:10 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3681.IH H3681pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 3681 IH
to the device is essential to a flood warning, flood control, 1 or water reservoir operation activity. 2
(l) A UTHORIZED EVENT.—The Secretary may au-3
thorize the Angeles Crest 100 competitive running event 4 to continue in substantially the same manner in which the 5 event was operated and permitted in 2015 within the land 6 added to the Sheep Mountain Wilderness by section 7
4(a)(3) and the Pleasant View Ridge Wilderness Area des-8 ignated by section 1802(8) of the Omnibus Public Land 9 Management Act of 2009 (16 U.S.C. 1132 note; Public 10
Law 111–11; 123 Stat. 1054), if the event is authorized 11 and conducted in a manner compatible with the preserva-12 tion of the areas as wilderness. 13
SEC. 6. DESIGNATION OF WILD AND SCENIC RIVERS. 14
(a) D ESIGNATION.—Section 3(a) of the Wild and 15
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add-16 ing at the end the following: 17
‘‘(231) EAST FORK SAN GABRIEL RIVER , CALI-18
FORNIA.—The following segments of the East Fork 19
San Gabriel River, to be administered by the Sec-20
retary of Agriculture in the following classes: 21
‘‘(A) The 10-mile segment from the con-22
fluence of the Prairie Fork and Vincent Gulch 23
to 100 yards upstream of the Heaton Flats 24
trailhead and day use area, as a wild river. 25
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‘‘(B) The 2.7-mile segment from 100 yards 1
upstream of the Heaton Flats trailhead and day 2
use area to 100 yards upstream of the con-3
fluence with Williams Canyon, as a recreational 4
river. 5
‘‘(232) NORTH FORK SAN GABRIEL RIVER , 6
CALIFORNIA.—The 4.3-mile segment of the North 7
Fork San Gabriel River from the confluence with 8
Cloudburst Canyon to 0.25 miles upstream of the 9
confluence with the West Fork San Gabriel River, to 10
be administered by the Secretary of Agriculture as 11
a recreational river. 12
‘‘(233) WEST FORK SAN GABRIEL RIVER , CALI-13
FORNIA.—The following segments of the West Fork 14
San Gabriel River, to be administered by the Sec-15
retary of Agriculture in the following classes: 16
‘‘(A) The 6.7-mile segment from 0.25 17
miles downstream of its source near Red Box 18
Gap in sec. 14, T. 2 N., R. 12 W., to the con-19
fluence with the unnamed tributary 0.25 miles 20
downstream of the power lines in sec. 22, T. 2 21
N., R. 11 W., as a recreational river. 22
‘‘(B) The 1.6-mile segment of the West 23
Fork from 0.25 miles downstream of the 24
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powerlines in sec. 22, T. 2 N., R. 11 W., to the 1
confluence with Bobcat Canyon, as a wild river. 2
‘‘(234) LITTLE ROCK CREEK , CALIFORNIA.— 3
The following segments of Little Rock Creek and 4
tributaries, to be administered by the Secretary of 5
Agriculture in the following classes: 6
‘‘(A) The 10.3-mile segment from its 7
source on Mt. Williamson in sec. 6, T. 3 N., R. 8
9 W., to 100 yards upstream of the confluence 9
with the South Fork Little Rock Creek, as a 10
wild river. 11
‘‘(B) The 6.6-mile segment from 100 yards 12
upstream of the confluence with the South Fork 13
Little Rock Creek to the confluence with 14
Santiago Canyon, as a recreational river. 15
‘‘(C) The 1-mile segment of Cooper Can-16
yon Creek from 0.25 miles downstream of 17
Highway 2 to 100 yards downstream of Cooper 18
Canyon Campground, as a scenic river. 19
‘‘(D) The 1.3-mile segment of Cooper Can-20
yon Creek from 100 yards downstream of Coo-21
per Canyon Campground to the confluence with 22
Little Rock Creek, as a wild river. 23
‘‘(E) The 1-mile segment of Buckhorn 24
Creek from 100 yards downstream of the 25
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Buckhorn Campground to its confluence with 1
Cooper Canyon Creek, as a wild river.’’. 2
(b) W ATER RESOURCE FACILITIES; W ATER USE.— 3
(1) WATER RESOURCE FACILITIES .— 4
(A) DEFINITIONS.—In this paragraph: 5
(i) WATER RESOURCE FACILITY .—The 6
term ‘‘water resource facility’’ means— 7
(I) an irrigation or pumping fa-8
cility; 9
(II) a dam or reservoir; 10
(III) a flood control facility; 11
(IV) a water conservation works 12
(including a debris protection facility); 13
(V) a sediment placement site; 14
(VI) a rain gauge or stream 15
gauge; 16
(VII) a water quality facility; 17
(VIII) a recycled water facility or 18
water pumping, conveyance, or dis-19
tribution system; 20
(IX) a water storage tank or res-21
ervoir; 22
(X) a water treatment facility; 23
(XI) an aqueduct, canal, ditch, 24
pipeline, well, hydropower project, or 25
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transmission or other ancillary facil-1
ity; 2
(XII) a groundwater recharge fa-3
cility; 4
(XIII) a water filtration plant; 5
and 6
(XIV) any other water diversion, 7
conservation, storage, or carriage 8
structure. 9
(ii) W ILD AND SCENIC RIVER SEG -10
MENT.—The term ‘‘wild and scenic river 11
segment’’ means a component of the na-12
tional wild and scenic rivers system des-13
ignated by paragraph (231), (232), (233), 14
or (234) of section 3(a) of the Wild and 15
Scenic Rivers Act (16 U.S.C. 1274(a)) (as 16
added by subsection (a)). 17
(B) N O EFFECT ON EXISTING WATER RE -18
SOURCE FACILITIES .—Nothing in this section 19
alters, modifies, or affects— 20
(i) the use, operation, maintenance, 21
repair, construction, destruction, reconfig-22
uration, expansion, relocation, or replace-23
ment of a water resource facility down-24
stream of a wild and scenic river segment, 25
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subject to the condition that the physical 1
structures of such a facility or reservoir 2
shall not be located within the wild and 3
scenic river segment; or 4
(ii) access to a water resource facility 5
downstream of a wild and scenic river seg-6
ment. 7
(C) N O EFFECT ON NEW WATER RE -8
SOURCE FACILITIES .—Nothing in this section 9
precludes the establishment of a new water re-10
source facility (including instream sites, routes, 11
and areas) downstream of a wild and scenic 12
river segment. 13
(2) LIMITATION.—Any new reservation of water 14
or new use of water pursuant to existing water 15
rights held by the United States to advance the pur-16
poses of the National Wild and Scenic Rivers Act 17
(16 U.S.C. 1271 et seq.) shall be for nonconsump-18
tive instream use only within the wild and scenic 19
river segments (as defined in paragraph (1)(A)). 20
(3) EXISTING LAW .—Nothing in this section af-21
fects the implementation of the Endangered Species 22
Act of 1973 (16 U.S.C. 1531 et seq.). 23
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SEC. 7. WATER RIGHTS. 1
(a) S TATUTORY CONSTRUCTION.—Nothing in this 2
Act, and no action carried out pursuant to this Act— 3
(1) constitutes an express or implied reservation 4
of any water or water right, or authorizes an expan-5
sion of water use pursuant to existing water rights 6
held by the United States, with respect to— 7
(A) the San Gabriel Mountains National 8
Monument; 9
(B) the wilderness areas and additions des-10
ignated by section 4; and 11
(C) the components of the national wild 12
and scenic rivers system designated by para-13
graphs (231), (232), (233), or (234) of section 14
3(a) of the Wild and Scenic Rivers Act (16 15
U.S.C. 1274(a)) (as added by section 6(a)) and 16
land adjacent to the components; 17
(2) affects, alters, modifies, or conditions any 18
water right in the State in existence on the date of 19 enactment of this Act, including any water rights 20
held by the United States; 21
(3) establishes a precedent with respect to any 22
designation of wilderness or wild and scenic rivers 23
after the date of enactment of this Act; 24
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(4) affects, alters, or modifies the interpretation 1
of, or any designation, decision, adjudication, or ac-2 tion carried out pursuant to, any other Act; or 3
(5) limits, alters, modifies, or amends any inter-4
state compact or equitable apportionment decree 5
that apportions water among or between the State 6
and any other State. 7
(b) S TATE WATER LAW.—The Secretary shall com-8
ply with applicable procedural and substantive require-9 ments under State law to obtain and hold any water rights 10 not in existence on the date of enactment of this Act with 11 respect to— 12
(1) the San Gabriel Mountains National Monu-13
ment; 14
(2) the wilderness areas and additions des-15
ignated by section 4; and 16
(3) the components of the national wild and 17
scenic rivers system designated by paragraphs (231), 18 (232), (233), or (234) of section 3(a) of the Wild 19
and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 20
added by section 6(a)). 21
SEC. 8. REAUTHORIZATION OF EXISTING WATER FACILI-22
TIES IN PLEASANT VIEW RIDGE WILDERNESS. 23
(a) A UTHORIZATION FOR CONTINUED USE.—The 24
Secretary of Agriculture may issue a special use authoriza-25 VerDate Sep 11 2014 00:10 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3681.IH H3681pbinns on DSKJLVW7X2PROD with $$_JOB 20 •HR 3681 IH
tion to the owners of a water transport or diversion facility 1 (in this section referred to as a ‘‘facility’’) located on Na-2 tional Forest System land in the Pleasant View Ridge Wil-3 derness for the continued operation, maintenance, and re-4 construction of the facility if the Secretary determines 5 that— 6
(1) the facility was in existence on the date on 7
which the land upon which the facility is located was 8 designated as part of the National Wilderness Pres-9
ervation System (in this section referred to as ‘‘the 10 date of designation’’); 11
(2) the facility has been in substantially contin-12
uous use to deliver water for the beneficial use on 13
the owner’s non-Federal land since the date of des-14
ignation; 15
(3) the owner of the facility holds a valid water 16
right for use of the water on the owner’s non-Fed-17
eral land under California State law, with a priority 18 date that predates the date of designation; and 19
(4) it is not practicable or feasible to relocate 20
the facility to land outside of the wilderness and 21
continue the beneficial use of water on the non-Fed-22
eral land recognized under State law. 23
(b) TERMS AND CONDITIONS.— 24
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(1) R EQUIRED TERMS AND CONDITIONS .—In a 1
special use authorization issued under subsection 2
(a), the Secretary may— 3
(A) allow use of motorized equipment and 4
mechanized transport for operation, mainte-5
nance, or reconstruction of a facility, if the Sec-6
retary determines that— 7
(i) the use is the minimum necessary 8
to allow the facility to continue delivery of 9
water to the non-Federal land for the ben-10
eficial uses recognized by the water right 11
held under California State law; and 12
(ii) the use of non-motorized equip-13
ment and non-mechanized transport is im-14
practicable or infeasible; and 15
(B) prohibit use of the facility for the di-16
version or transport of water in excess of the 17
water right recognized by the State of Cali-18
fornia on the date of designation. 19
(2) D ISCRETIONARY TERMS AND CONDI -20
TIONS.—In a special use authorization issued under 21
subsection (a), the Secretary may require or allow 22
modification or relocation of the facility in the wil-23 derness, as the Secretary determines necessary, to 24
reduce impacts to wilderness values set forth in sec-25 VerDate Sep 11 2014 00:10 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3681.IH H3681pbinns on DSKJLVW7X2PROD with $$_JOB 22 •HR 3681 IH
tion 2 of the Wilderness Act (16 U.S.C. 1131) if the 1
beneficial use of water on the non-Federal land is 2
not diminished. 3
Æ
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