Double Cone Quarterly
Spring Equinox 2003-- Volume VI, Number 1

Public Law 107-370
The Big Sur Wilderness
and Conservation Act of 2002

The Full Text

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	                                     [DOCID: f:publ370.107]
Public Law 107-370
107th Congress
                         An Act

To designate certain lands in the State of California as components of the National 
             Wilderness Preservation System, and for other  purposes.
                  <<NOTE: Dec. 19, 2002 -  [H.R. 4750]>> 

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
      <<NOTE: Big Sur Wilderness and Conservation Act of 2002.>> 

SECTION 1. SHORT TITLE AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the "Big Sur Wilderness 
and Conservation Act of 2002".
    (b) Definitions.--As used in this Act, the term "Secretary" means 
the Secretary of the Interior or the Secretary of Agriculture, as 
appropriate.

SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.

    (a) Additions to Ventana Wilderness.-- 
     <<NOTE: 16 USC 1132 note.>> 
            (1) In general.--The areas described in paragraph (2)--
                    (A) are hereby designated as wilderness and, 
                therefore, as components of the National Wilderness 
                Preservation System; and
                    (B) are hereby incorporated in and shall be deemed 
                to be a part of the Ventana Wilderness designated by 
                Public Law 91-58.
            (2) Areas described.--The areas referred to in paragraph (1) 
        are the following lands in the State of California administered 
        by the Bureau of Land Management or the United States Forest 
        Service:
                    (A) Certain lands which comprise approximately 995 
                acres, as generally depicted on a map entitled 
                "Anastasia Canyon Proposed Wilderness Additions to the 
                Ventana Wilderness" and dated March 22, 2002.
                    (B) Certain lands which comprise approximately 3,530 
                acres, as generally depicted on a map entitled "Arroyo 
                Seco Corridor Proposed Wilderness Addition to the 
                Ventana Wilderness" and dated March 22, 2002.
                    (C) Certain lands which comprise approximately 
                14,550 acres, as generally depicted on a map entitled 
                "Bear Canyon Proposed Wilderness Addition to the 
                Ventana Wilderness" and dated March 22, 2002.
                    (D) Certain lands which comprise approximately 855 
                acres, as generally depicted on a map entitled "Black 
                Rock Proposed Wilderness Additions to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (E) Certain lands which comprise approximately 6,550 
                acres, as generally depicted on a map entitled "Chalk 
                Peak Proposed Wilderness Addition to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (F) Certain lands which comprise approximately 1,345 
                acres, as generally depicted on a map entitled "Chews 
                Ridge Proposed Wilderness Addition to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (G) Certain lands which comprise approximately 2,130 
                acres, as generally depicted on a map entitled "Coast 
                Ridge Proposed Wilderness Additions to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (H) Certain lands which comprise approximately 2,270 
                acres, as generally depicted on a map entitled "Horse 
                Canyon Proposed Wilderness Addition to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (I) Certain lands which comprise approximately 755 
                acres, as generally depicted on a map entitled "Little 
                Sur Proposed Wilderness Addition to the Ventana 
                Wilderness" and dated March 22, 2002.
                    (J) Certain lands which comprise approximately 4,130 
                acres, as generally depicted on a map entitled "San 
                Antonio Proposed Wilderness Addition to the Ventana 
                Wilderness" and dated March 22, 2002.
    (b) Additions to Silver Peak Wilderness.-- 
     <<NOTE: 16 USC 1132  note.>> 
            (1) In general.--The areas described in paragraph (2)--
                    (A) are hereby designated as wilderness and, 
                therefore, as components of the National Wilderness 
                Preservation System; and
                    (B) are hereby incorporated in and shall be deemed 
                to be a part of the Silver Peak Wilderness designated by 
                Public Law 102-301.
            (2) Areas described.--The areas referred to in paragraph (1) 
        are the following lands in the State of California administered 
        by the United States Forest Service:
                    (A) Certain lands which comprise approximately 8,235 
                acres, as generally depicted on a map entitled "San 
                Carpoforo Proposed Wilderness Addition to the Silver 
                Peak Wilderness" and dated March 22, 2002.
                    (B) Certain lands which comprise approximately 8,820 
                acres, as generally depicted on a map entitled "Willow 
                Creek Proposed Wilderness Addition to the Silver Peak 
                Wilderness" and dated March 22, 2002.
    (c) Additions to Pinnacles Wilderness.-- 
     <<NOTE: 16 USC 1132 note.>> 
            (1) In general.--The areas described in paragraph (2)--
                    (A) are hereby designated as wilderness and, 
                therefore, as components of the National Wilderness 
                Preservation System; and
                    (B) are hereby incorporated in and shall be deemed 
                to be a part of the Pinnacles Wilderness designated by 
                Public Law 94-567.
            (2) Areas described.--The areas referred to in paragraph (1) 
        are the lands in the State of California administered by the 
        National Park Service which comprise approximately 2,715 acres, 
        as generally depicted on a map entitled "Pinnacles Proposed 
        Wilderness Additions" and dated October 30, 2001.
    (d) Maps and Descriptions.--
            (1) Filing.--As soon as practicable after the date of 
        enactment of this Act, the appropriate Secretary shall file a 
        map and a boundary description of each area designated as 
        wilderness by this Act with the Committee on Resources of the 
        House of Representatives and the Committee on Energy and Natural 
        Resources of the Senate.
            (2) Effect.--Each map and description shall have the same 
        force and effect as if included in this Act, except that the 
        appropriate Secretary is authorized to correct clerical and 
        typographical errors in such boundary descriptions and maps.
            (3) Availability.--Such maps and boundary descriptions shall 
        be on file and available for public inspection in the Office of 
        the Director of the Bureau of Land Management and in the Office 
        of the Chief of the Forest Service, as appropriate.
    (e) State and Private Lands.--Lands within the exterior boundaries 
of any area added to a wilderness area under this section that are owned 
by the State or by a private entity shall be included within such 
wilderness area if such lands are acquired by the United States. Such 
lands may be acquired by the United States only as provided in the 
Wilderness Act (16 U.S.C. 1131 and following).

SEC. 3. ADMINISTRATIVE PROVISIONS.

    (a) In General.--Subject to valid existing rights, lands designated 
as wilderness by this Act shall be managed by the Secretary of 
Agriculture or the Secretary of the Interior, as appropriate, in 
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this 
Act, except that, with respect to any wilderness areas designated by 
this Act, any reference in the Wilderness Act to the effective date of 
the Wilderness Act shall be deemed to be a reference to the date of 
enactment of this Act.
    (b) Grazing.--Grazing of livestock in wilderness areas designated by 
this Act shall be administered in accordance with the provisions of 
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further 
interpreted by section 108 of Public Law 96-560, and, the guidelines set 
forth in Appendix A of House Report 101-405 of the 101st Congress.
    (c) State Jurisdiction.--As provided in section 4(d)(7) of the 
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be 
construed as affecting the jurisdiction or responsibilities of the State 
of California with respect to wildlife and fish in California.
    (d) Water.--
            (1) Reservation of water.--With respect to each wilderness 
        area designated by this Act, Congress hereby reserves a quantity 
        of water sufficient to fulfill the purposes of this Act. The 
        priority date of such reserved rights shall be the date of 
        enactment of this Act.
            (2) Requirement to protect rights.--The appropriate 
        Secretary and all other officers of the United States shall take 
        steps necessary to protect the rights reserved by paragraph (1), 
        including the filing by the Secretary of a claim for the 
        quantification of such rights in any present or future 
        appropriate stream adjudication in the courts of the State of 
        California in which the United States is or may be joined and 
        which is conducted in accordance with the McCarran Amendment (43 
        U.S.C. 666).
            (3) No reduction or relinquishment.--Nothing in this Act 
        shall be construed as a relinquishment or reduction of any water 
        rights reserved or appropriated by the United States in the 
        State of California on or before the date of enactment of this 
        Act.
            (4) Limitation on effect.--The Federal water rights reserved 
        by this Act are specific to the wilderness areas located in the 
        State of California designated by this Act. Nothing in this Act 
        related to reserved Federal water rights shall be construed as 
        establishing a precedent with regard to any future designations, 
        nor shall it constitute an interpretation of any other Act or 
        any designation made pursuant thereto.

SEC. 4. WILDERNESS FIRE MANAGEMENT.

    (a) <<NOTE: Deadline.>>  Revision of Management Plans.--The 
Secretary of Agriculture shall, by not later than 1 year after the date 
of the enactment of this Act, amend the management plans that apply to 
each of the Ventana Wilderness and the Silver Peak Wilderness, 
respectively, to authorize the Forest Supervisor of the Los Padres 
National Forest to take whatever appropriate actions in such wilderness 
areas are necessary for fire prevention and watershed protection 
consistent with wilderness values, including best management practices 
for fire presuppression and fire suppression measures and techniques.
    (b) Incorporation Into Forest Planning.--Any special provisions 
contained in the management plan for the Ventana Wilderness and Silver 
Peak Wilderness pursuant to subsection (a) shall be incorporated into 
the management plan for the Los Padres National Forest.

SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT.

    (a) Overflights.--Nothing in this Act shall preclude low level 
overflights of military aircraft, the designation of new units of 
special airspace, or the use or establishment of military flight 
training routes over wilderness areas designated by this Act.
    (b) Military Access.--Nonmotorized access to and use of the 
wilderness areas designated by this Act for military training shall be 
authorized to continue in wilderness areas designated by this Act in the 
same manner and degree as authorized prior to enactment of this Act.

SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION.

    (a) In General.--The Secretary of Agriculture may conduct a 5-year 
pilot program to target the eradication of invasive plant and animal 
species in the Monterey District of the Los Padres National Forest.
    (b) Application to Other Property.--Activities under the program may 
include actions to address invasive species problems on nearby private 
land or other land that is not Forest Service property, if--
            (1) the land owner, or the head of the governmental agency 
        having administrative jurisdiction over the land in the case of 
        State, local, or Federal government-owned land, seeks to 
        participate in the program; and
            (2) the invasive species concerned occurs on the land and 
        poses a threat to national forest lands.
    (c) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated $1,000,000 for each of 5 fiscal 
years.

SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT.

    The Secretary of Agriculture may authorize the construction and 
maintenance of a new water line and corresponding spring box 
improvements adjacent to an existing domestic water service in the 
Silver Peak Wilderness.

    Approved December 19, 2002.
    

FRONT PAGE | HR 4750 | LOBBYING for WILDERNESS | WILDERNESS ADDITIONS | SHOW-ME TOURS

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