HomeMy WebLinkAboutSUPPLT - S2109 & HR3682 ����� CITY OF PALM DESERT
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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.
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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
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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. '
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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.
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; 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
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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.
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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.