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HomeMy WebLinkAboutSUPPLT - S2109 & HR3682 ����� CITY OF PALM DESERT � ,� DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Carlos L. Ortega, City Manager From: Stephen Y. Aryan, Assistant to the City Manager Date: April 3, 2008 Subject: California Desert and Mountain Heritage Act Senator Barbara Boxer and Congresswoman Mary Bono are sponsoring the California Desert and Mountain Heritage Act, via Senate Bill 2109 and House of Representatives Bill 3682. The purpose of both these legislative bills is to (1) designate certain Federal lands in Riverside County, California, as wilderness; (2) to designate certain river segments in Riverside County as a wild, scenic, or recreational river; (3) to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument. A map outlining the proposed wilderness areas is attached for your review that clearly identifies affected areas within Riverside County. The last reported action for Senate Bill 2109 was that it was read twice and referred to the Committee on Energy and Natural Resources on September 27, 2007. The last reported action on House of Representatives Bill 3682 was on November 13, 2007, when hearings were held by the House Natural Resources, Subcommittee on National Parks, Forest, and Public Lands. The Wilderness Act of 1964 created a National Wilderness Preservation System and established the definition of wilderness that is still used today. The Act defines wilderness as "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." Wilderness areas are at least 5,000 acres in size (with limited exceptions) and may contain outstanding social or ecological values. Wilderness designations only apply to federally owned lands. Private land may be contained within designated wilderness areas, but management restrictions for wilderness areas, such as prohibitions on logging and road construction, do not apply to private land. The Act does not allow the government to take over private land. It only provides for federal acquisition if there is a willing seller, and Congress approves the acquisition. G\DevServ�ces\Stephen Aryan\Word Data\CalRornia Desert 8 Mounta�n Hentage AC doc California Desert 8� Mountain Heritage Act April 3, 2008 Page 2 of 2 Wilderness areas are managed to retain their natural character, and are closed to activities that may harm the ecological integrity of the landscape, such as motorized forms of recreation. Commercial activities that do not enhance visitors' enjoyment of wilderness areas are also prohibited. However, all non-motorized and non-mechanized forms of recreation are typically permitted in wilderness areas. Proponents of this legislation support the designation of over 190,000 acres of wilderness, the addition of new areas to the Santa Rosa-San Jacinto Mountains National Monument, and designation of 31 miles of wild and scenic rivers, for future generations to benefit from. Supporters also indicate that the land protected in this bill provide habitat for the threatened bighorn sheep, desert tortoise, bald eagle, and many other species. A detailed listing of supporters is attached for your review. Please also note that I spoke with former Councilmember Buford Crites who also indicated his support of the proposed bills. He further indicated that locally, it clarifies some boundaries to Santa Rosa/San Jacinto National Monument, resulting in about 300 additional acres being introduced. Opponents of this proposed legislation are primarily recreational advocates that are concerned about further regulations/restrictions to public access and off-road vehicle use within wilderness areas. Environmentalists who may support the proposed legislation are also concerned that approximately seven million acres of California Desert Conservation Area is not included in the bill because the lands don't have a "national" label. Many environmentalists argue that political motives are behind the oversight, primarily utility companies' interests in placing electrical transmission corridors within this area. However, Senator Dianne Feinstein is working with Senate leaders to include a large part of the California conservation area to the proposed legislation. As these bills do not have any negative policy or fiscal impacts to the City of Palm Desert and they are synonymous with the City's philosophy of maintaining environmental sustainability, staff recommends sending correspondence to Senator Boxer and Congresswoman Bono indicating its support of the proposed iegislation. Please contact me should you have any comments or questions concerning this matter. Thank you. Attachments: 1. Map of Proposed Wilderness Areas 2. Supporters of the California Desert and Mountain Heritage Act 3. Legislative Fact Sheet 4. H.R. 3682 cc: Sheila R. Gilligan, Assistant City Manager for Community Services Homer L. Croy, Assistant City Manager for Development Services Lauri Aylaian, Director of Planning Pat Scully, Senior Administrative Analyst G\DevSernces\Stephen Aryan\Wortl Data\Caldomia Desert 8 Mountain Hentage Act tloc Search Results - THOMAS (Library of Congress) Page 1 of 1 _ _ __ _ _ _ _ _ _ The Libr�ry of Congress>THOMAS Home> Bills, Resoluti.ons > Search Results NEW SEARCH � HOME � HELP � ABOUT STATUS ' S.2109 Title: A bill to designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or ' recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes. Sponsor: $e_n__ Boxer, Barbara [CA] (introduced 9/27/2007) Cosponsors (1) Related Bills: H.R.3682 Latest Major Action: 4/15/2008 Senate committee/subcommittee actions. Status: Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests . Hearings held. ALL ACTIONS: 9/27/2007: Sponsor introductory remarks on measure. (CR 512290) 9/27/2007: , Read twice and referred to the Committee on Energy and Natural Resources. 4/15/2008: Committee on Energy and Natural Resources Subcommittee on Public ' Lands and Forests . Hearings held. ' THOMAS Home. � Con.tact � Accessihility � Legal � FirstGov http://thomas.loc.gov/cgi-binlbdquery/z?d110:SN02109:@@@X 4/23/2008 Search Results - THOMAS (Library of Congress) Page 1 of 1 _ __ _. __ . . _ _ _ _ __ _ __ _ _ _ __ __ _ _ "fhe Libr�r�of Congress>T:HOMf1$ Home.> Bil.is,_Resolutions > Searrh Result5 NEW SEARCH � HOME � HELP � ABOUT,SUMMA_RIES __ _ _ _ 5.2109 Title: A bill to designate certain Federal lands in Riverside County, California, as wilderness, to ; designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes. Sponsor: Sen Boxer, Ba_rbara [CA] (introduced 9/27/Z007) Cosponsors (1) Related Bills: H.R.3682 Latest Major Action: 4/15/2008 Senate committee/subcommittee actions. Status: Committee on Energy and Natural Resources Subcommittee on Public Lands and Forests . ' Hearings held. SUMMARY AS OF: 9/27/2007--Introduced. California Desert and Mountain Heritage Act - Designates as wilderness: (1) certain Bureau of Land Management (BLM) lands in the Cleveland National Forest, to be part of the Agua Tibia Wilderness; (2) specified lands in the San Bernardino National Forest to be known as the Cahuilla Mountain Wilderness and the South Fork San )acinto Wilderness and certain BLM land in such Forest as part of the Santa Rosa Wilderness; (3) certain BLM land in Riverside County, California, to be known as the Beauty Mountain Wilderness; (4) certain land in Joshua Tree National Park, to be part of the Joshua Tree Wilderness; (5) certain SLM land in the county as part of the Orocopia Mountains Wilderness; (6) certain BLM land in the county as part of the Palen/McCoy Wilderness; (7) certain BLM land in the county to be known as the Pinto Mountains Wilderness; and (8) certain BLM land in the county as part of the Chuckwalla Mountains Wilderness. Designates certain lands in the ]oshua Tree National Park as potential wilderness. Requires the Secretary of the Interior to manage such land as wilderness until it is incorporated into the ]oshua Tree Wilderness (effective when the Secretary publishes notice that all uses of the land prohibited by the Wilderness Act have ceased or that sufficient inholdings have been acquired to establish a manageable wilderness unit). Provides for access to the Cahuilla Mountain Wilderness by Indian tribes for traditional cultural and religious purposes. ' Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers ' specified segments of the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, , and Bautista Creek in California. Amends the Santa Rosa and San ]acinto Mountains National Monument Act of 2000 to include additional lands within the boundaries of the Santa Rosa and San Jacinto Mountains National Monument. TI-IOMAS Home � Conta.ct � Acce.ssibilit.y � Leg�l � FirstGov __ _ __ _ _ _ _ ___ _ _. _ _ _ _. _ __ _ _ _ _ _ http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN02109:@@@D&summ2=m& 4/23/2008 Search Results - THOMAS (Library of Congress) Page 1 of 2 __..--------------_----..__ __._. _ __�______ _ _.______�---,--___�_______. ,__�._____._, TI�P Library of Congress>THOMAS Home> Bitls. Resolutions > Search Results ? : i _ _ _. _.. _ _._ ._ __.. � __ ._ ___. _ _ _.... .._.._.__ _ � Item 1 of 1 ` _____.__._______ ---_._.__.__._._.___.�_.____�_.___...._______._.______.__._..____.�._...__.V.___.__�_____.______._--------____ j f PREVYOUS:SUMMARY � NEXT:SUMMARY I ; NEW SEARCH � HOME � HELP ( ABOUT SUMMARIES --_------___..__._____ _____--_._. --_____.____--__.____..,__._---_...___..__ � ; _ __---------- + ; H.R.3682 t Title: To designate certain Federal lands in Riverside County, Californfa, as wilderness, to � designate certain river segments in Riverside County as a wild, scenic, or recreational river, to � adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for ' other purposes. Sponsor: Reu Bono Mack, Mary [CA-45] (introduced 9/27/2007) Cosponsors (1) � Related Bills: S.2109 Latest Major Action: 11/13/2007 House committee/subcommifitee actions. Status: Subcommittee Hearings Held. : SUMMARY AS OF: � : 9/27/2007--Introduced. � i ` California Desert and Mountain Heritage Act - Designates as wilderness: (1) certain Bureau of � ` Land Management (BLM) lands in the Cleveland National Forest, to be part of the Agua Tibia � ; Wilderness; (2) specified lands in the San Bernardino Natianal Forest to be known as the � ; Cahuilla Mountain Wilderness a�d the South Fork San Jacinto Wilderness and certain BLM land i � in such Forest as part of the Santa Rosa Wilderness; (3) certain BLM land in Riverside County, � California, to be known as the Beauty Mountain Wilderness; (4) certain land in Joshua Tree National Park, to be part of the Joshua Tree Wilderness; (5) certain BLM land in the county as � �' part of the Orocopia Mountains Wilderness; (6) certain BLM land in the county as part of the ' Palen/McCoy Wilderness; (7) certain BLM land in the county to be known as the Pinto ' Mountains Wilderness; and (8) certain BLM land in the county as part of the Chuckwalla � Mountains Wilderness. � Designates certain lands in the Joshua Tree National Park as potential wilderness. Requires the i Secretary of the Interior to manage such land as wilderness until it is incorporated into the Joshua Tree Wilderness (effective when the Secretary pubiishes notice that ail uses of the land ' prohibited by the Wilderness Act have ceased or that sufficient inholdings have been acquired to establish a manageable wilderness unit). Provides for access to the Cahuiila Mountain Wilderness by Indian tribes for traditional cultural � � and religious purposes. � a ' Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers I specified segments of the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, I Iand Bautista Creek in California. � ; Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 ta include � additional lands within the boundaries of the Santa Rosa and San Jacinto Mountains National Monument. i ( THOMA5 Nome ( Con a � AccessibqiN � Leqal � ir v 1 i : i http://thomas.loc.gov/cgi-bin/bdquery/D?d 110:1:./temp/�bdXgqS:@@@D&summ2=m&�/b... 4/3/2008 Search Results -THOMAS (Library of Congress) Page 1 of 1 __ ._____ ------____------_.____--__._____�__...______�______.__-----_._____________.__.__�.------------. .-----� The Library of Congress>THOMAS Home> Bills. Resolutions > Search Results ; � _...__._.._---____._______._______�---__.__.Y__._.-.-----._�_._._.�_____._�V _ ._...r�__._..__..___..._.____._____...__�.._._ � Item 1 of 1 i ' -----`.--- ------------..__---- ---_ ._____�------------_ ._---� ----------- � � , PREVIOUS:BILL STATUS � NEXT:BILL STATUS ; ; NEW SEARCH � HOME � HELP � ABOUT STATUS � � _. _ _ _ _. _ . __ ___ . _ _.._.___ _ _- _ ._ _._ _ _ ._ _ ._ ,. � � H.R.3682 ( Title: To designate certain Federal lands in Riverside County, California, as wilderness, to designate certain river segments in Riverside County as a wild, scenic, or recreational river, to adjust the boundary of the Santa Rosa and San Jacinto Mountains National Monument, and for other purposes. i ` Sponsor: Re�.Bono Mack, Mary [CA-45] (introduced 9/27/2007) Cosponsors (1) � Related Bilis: S.2109 � Latest Major Action: 11/13/2007 House committee/subcommittee actions. Status: , Subcommittee Hearings Held. � _._..__...___-------._.__�...._ _.__..�._._._._.�. _._.__�________�_. ___..___..__. _____ � ALL ACTIONS: � � 9/27/2007: � Referred to the House Committee on Natural Resources. � 10/1/2007: Referred to the Subcommittee on Nationaf Parks, Forests, and Public Lands. 11/13/2007: Subcommittee Hearings Held. THOMAS Nome � on c � Accesslbilitv � Leqal � First v � �_� � http://thomas.loc.gov/cgi-bin/bdquery/D?d 110:1:./temp/�bdXgqS:@@@X�/bss/d 110query.... 4/3/2008 H.R. 3682 THE CALIFORNIA DESERT AND MOUNTAIN HERITAGE ACT: THE M.AKEUP �F THE BILL YOUR BILL DOES 3 THINGS: 1) Proposes Wilderness Areas (194,439 acres) 2) Designates 4 Wild and Scenic Rivers 3) Makes a very small expansion of the Santa Rosa and San Jacinto Mountains National Monument Agua Tibia: • A haven for plant and wildlife species that are being displaced elsewhere by development, including the rosy boa and coast horned lizard. • Contains the extremely threatened coastal sage scrub habitat that was once- common in southwestern California. Beauty Mountain Wilderness: • As the name implies,Beauty Mountain is a scenic jewel draped in chaparral, fascinating rock formations and oak woodlands. • The area is an ecological transition zone between Anza-Borrego Desert State Park on the east and the endangered coastal sage scrub habitat of the Coast Range on the west. As such, it serves as a critical bridge for migrating wildlife in a rapidly urbanizing region. • The Bureau of Land Management considers Beauty Mountain's Million Dollaz Spring to be one of the most pristine watersheds in all of southwestern California. Chuckwalla Mountains Additions: • This visually stunning 14,480 acre area resembles a fortress of rock rising dramatically above the desert lowlands. • Home to bighorn sheep and desert tortoise population densities of up to 150 individuals per square mile in some places. • Contains desert fan palm oasis woodlands, a beautiful and increasingly rare ecosystem that for many is the very archetype of Riverside County's desert wild lands. It also has a population of the raze Munz cholla cactus. This plant is the lazgest variety of cholla cactus in the California desert and it only occurs in the Chuckwalla Mountains and in the Chocolate Mountains to the south. Joshua tree NP Wilderness Additions: • Joshua Tree National Park attracts visitors from around the world who come to experience this wonderland of sweeping valleys, craggy peaks, narrow canyons, fascinating rock formations, cactus gardens and astounding spring wildflower dispiays all under a seemingly endless blue sky. • Visitors enjoy rock climbing and miles of hiking and riding trails. The seasonal changes in Joshua Tree can be extreme—from bone-baking heat in the summer to dustings of snow in the winter. • The park and the proposed wilderness additions are a critical refuge for bighorn sheep and desert tortoise. Orocopia Mountains Additions: • The San Andreas Fault slices through the azea and earthquakes through the millennia have twisted and broken the landscape into fascinating and colorful canyons, cliffs,jagged peaks and other features. . • The Orocopia Mountains shelter bighorn sheep,prairie falcon, Bendire's thrasher, desert tortoise and prairie falcon among a host of other species. The area also supports desert fan palm oases. � Hikers and equestrians who visit the azea are treated to wonderful views of the nearby Salton Sea from many locations. Palen-McCoy Additions: • The region's midland ironwood forest is the largest such ecosystem in the Califomia desert. • The existing wilderness and the proposed additions together comprise one of the largest remaining wild areas in southeastern California. • Four mountain ranges, dunes, gigantic washes, large bajadas and other landforms come together in the region and help explain its diverse wildlife and plant habitat. Pinto Mountains Wilderness: • The rugged Pinto Mountains are divided between BLM lands and Joshua Tree National Park. Protecting the BLM portion as wilderness will compliment the management of the park and help preserve its world-class scenic, recreational and ecological values. • The U.S. Fish and Wildlife Service has designated the proposed wilderness as "Critical Habitat" for the future survival of the desert tortoise. • The range has a rich Nineteenth Century mining history, and a few fascinating traces remain despite the fact that the proposed wilderness has no active mining claims. Santa Rosa Wilderness Additions: � Contains visible traces of the shoreline of ancient Lake Cal�uilla that used to occupy a vast region stretching from the Colorado River to the Santa Rosa Mountains. • Native American footpaths can still be seen along the ancient shoreline, as can rock fish-traps and petroglyphs. • The additions present the very unusual opportunity of protecting an entire mountain from its peak to its base, and in this case from alpine forests to rocky desert floor. South Fork San Jacinto Wilderness: • The lush South Fork San Jacinto River Canyon is the centerpiece of this wonderfully wild place. The popular South Fork Trail accommodates literally thousands of hikers annually. The trail offers a challenging hike to the river bottom with many impressive views along the way. • The canyon contains a number of sheltering groves of big-cone Douglas fir trees and the river supports thriving hardwood forests that are a refuge for people and wildlife alike during the region's hot summers. • Bautista Creek serves as the southern boundary of the proposed wilderness. It is considered by many biologists to be one of the most ecologically important streams in the San Bernardino National Forest because of the number and variety of rare plants and animals it supports. Proposed wild and scenic rivers Bautista Creek: • Supports the largest number of sensitive and endangered wildlife species on the San Bernardino National Forest. • The creek is home to nationally significant populations of endangered arroyo toad and San Bernardino kangaroo rat, as well as the endangered southwestern willow flycatcher and Quino checkerspot butterfly. North Fork San Jacinto River and Fuller Mill Creek: • Hosts several sensitive wildlife species, including mountain yellow-legged frog, rubber boa and the San Bernardino flying squirrel. • The Pacific Crest Trail and popular Seven Pines Trail cross this area,providing excellent recreational hiking opportunities. Palm Canyon Creek: • Provides an important sanctuary for the endangered peninsular bighorn sheep and southwestern willow flycatcher, and supports the largest California fan palm oasis in the United States. • The region has special significance for Native Americans,who have used its trails for thousands of years. Proposed additions to the San Jacinto-Santa Rosa Mountains National Monument The additions will improve the management of the monument by adding adjacent lands that are natural extensions. The proposed additions include many important scenic, ecological and cultural values. AN INTRODUCTION TO WILDERNESS 1. What is wilderness? As defined by Congress in the Wilderness Act of 19b4,a wildemess is an area of federal land(not including Indian reservarions or military installations)5,000 acres or larger in size(or smaller under some circumstances)and"retaining its primeval character and influence,without pern�anent improvements or human habitation,which is protected and managed so as to preserve its natural conditions...."Therefore, the provisions of the Wildemess Act do not apply to private lands of any kind,or to federal lands that have been substanriaily disturbed or developed. 2.How is a wilderness area designated? Congress must pass a law designating an area wilderness. 3.What is allowed in wilderness? --Hiking --Commercial livestock grazing in areas that --Hunring were being grazed at the time they were --Horseback riding designated wilderness. --Narive American gathering and other cultural --Fire suppressioq including the use of aircraft, activities bulldozers,and other heavy equipment if --Skiing necessary to protect life and/or property. --Snowshoeing --The use of fire as a management tool,such as --Camping controlled burns. --Fishing --Search and rescue efforts,including the use of --Wheelchairs motorized vehicles if necessary. --Commercial outfitter and guide services. --Law enforcement, including the use of --Mining on exisring mining claims motorized vehicles if necessary. --Access to private property across federal land, even if this requires motorized vehicles. 4.What is not allowed in wilderness? --Logging --Grazing in areas that were not being grazed at --Road construcrion the time they became wilderness --Off-road vehicle use,or the use of other --Mountain bikes motorized vehicles. --Oil drilling --The filing of new mining claims. --Powerline development 5.What impact does wilderness have on private landowners? The Wilderness Act only applies to federal land.Private land can only be added to a wildemess if the federal government purchases it from a willing seller.Access to private land across federal land is guaranteed under federal law whether the federal land is a wilderness area or even a national park. Furthermore,there are no restricrions on the use or enjoyment of private lands situated near or surrounded by a federal wildemess. 6.Why designate an area wilderness? The prirnary motive for designating an area wilderness is to prevent the federal government&om ever deciding to log,mine,build roads,or otherwise develop an exceptionally wild stretch of federal land. Wildemess designation is a guarantee under federal law that the land will remain just as it is today.1'here are other areas of federal land open to development,while wild places are few and far between. 7.What are the benefits of wilderness? --Visitors today,and our children tomorrow,will have places to see vesriges of wild California and get away from the husile and bustle of daily life. --Old-growth forests,pristine streams, and other rare features will be protected in pecpetuity from development. --Scenic vistas --Clean water --Outstanding plant and wildlife habitat. --Hunring and fishing with less competition from people who stick to the roads.