Lower Mississippi Delta Initiative (LMDI) Public Law (PL) 103-433

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4471

Public Law 103-433
103d Congress
An Act
To designate certain lands in the California Desert as wilderness, to establish
the Death Valley and Joshua Tree National Parks, to establish the Mojave National
Preserve, and for other purposes.

Be it enacted by the Senate and House of Representatives
the United States of America in Congress assembled,

Oct. 31, 1994
[S. 21]

of

SECTION 1. SHORT TITLE.

Sections 1 and 2, and titles I through IX of this Act may
be cited as the "California Desert Protection Act of 1994".
SEC. 2. FINDINGS AND POLICY.

(a) The Congress finds and declares that—
(1) the federally owned desert lands of southern California
constitute a public wildland resource of extraordinary and inestimable value for this and future generations;
(2) these desert wildlands display unique scenic, historical,
archeological, environmental, ecological, wildlife, cultural, scientific, educational, and recreational values used and enjoyed
by milUons of Americans for hiking and camping, scientific
study and scenic appreciation;
(3) the public land resources of the California desert now
face and are increasingly threatened by adverse pressures
which would impair, dilute, and destroy their public and natural
values;
(4) the California desert, embracing wilderness lands, units
of the National Park System, other Federal lands. State parks
and other State lands, and private lands, constitutes a cohesive
unit posing unique and difficult resource protection and
management challenges;
(5) through designation of national monuments by Presidential proclamation, through enactment of general public land
statutes (including section 601 of the Federal Land Policy and
Management Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 et
seq.) and through interim administrative actions, the Federal
Government has begun the process of appropriately providing
for protection of the significant resources of the public lands
in the California desert; and
(6) statutory land unit designations are needed to afford
the full protection which the resources and public land values
of the California desert merit.
(b) In order to secure for the Americsui people of this and
future generations an enduring heritage of wilderness, national

Conservation.
California
Desert
Protection Act of
1994.
16 u s e 410aaa
note.
Short title.
Supra.
16 u s e 410aaa
note.

108 STAT. 4472

PUBLIC LAW 103-433—OCT. 31, 1994

parks, and public land values in the California desert, it is hereby
declared to be the policy of the Congress that—
(1) appropriate public lands in the California desert shall
be included within the National Park System and the National
Wilderness Preservation System, in order to—
(A) preserve unrivaled scenic, geologic, and wildlife
values associated with these unique natural landscapes;
(B) perpetuate in their natural state significant and
diverse ecosystems of the California desert;
(C) protect and preserve historical and cultural values
of the California desert associated with ancient Indian
cultures, patterns of western exploration and settlement,
and sites exemplifying the mining, ranching and railroading history of the Old West;
(D) provide opportunities for compatible outdoor public
recreation, protect and interpret ecological and geological
features and historic, paleontological, and archeological
sites, maintain wilderness resource values, and promote
public understanding and appreciation of the California
desert; and
(E) retain and enhance opportunities for scientific
research in undisturbed ecosystems.
Short title.
Ante, p. 4471.

TITLE I—DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED
BY THE BUREAU OF LAND MANAGEMENT
SEC. 101. FINDINGS.

The Congress finds and declares that—
(1) wilderness is a distinguishing characteristic of the public lands in the California desert, one which affords an unrivaled
opportunity for experiencing vast areas of the Old West essentially unaltered by man's activities, and which merits preservation for the benefit of present and future generations;
(2) the wilderness values of desert lands are increasingly
threatened by and especially vulnerable to impairment, alteration, and destruction by activities and intrusions associated
with incompatible use and development; and
(3) preservation of desert wilderness necessarily requires
the highest forms of protective designation and management.
16 u s e 1132

SEC. 102. DESIGNATION OF WILDERNESS.

In furtherance of the purpose of the Wilderness Act (78 Stat.
890, 16 U.S.C. 1131 et seq.), and sections 601 and 603 of the
Federal Land Policy and Management Act of 1976 (90 Stat. 2743,
43 U.S.C. 1701 et seq.), the following lands in the State of Cahfornia, as generally depicted on maps referenced herein, are hereby
designated as wilderness, and therefore, as components of the
National Wilderness Preservation System:
(1) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred and ninety
acres, as generally depicted on a map entitled "Argus Range
Wilderness—Proposed 1", dated May 1991, and two maps enti-

PUBLIC LAW 103-433—OCT. 31, 1994
tied "Argus Range Wilderness—Proposed 2" and "Argus Range
Wilderness—Proposed 3", dated January 1989, and which shall
be known as the Argus Range Wilderness. If at any time
within fifteen years after the date of enactment of this Act
the Secretary of the Navy notifies the Secretary that permission
has been granted to use lands within the area of the China
Lake Naval Air Warfare Center for installation of a space
energy laser facility, and that establishment of a right-of-way
across lands within the Argus Range Wilderness is desirable
in order to facilitate access to the lands to be used for such
facility, the Secretary of the Interior, pursuant to the Federal
Land Policy and Management Act of 1976, may grant a rightof-way for, and authorize construction of, a road to be used
solely for that purpose across such lands, notwithstanding the
designation of such lands as wilderness. So far as practicable,
any such road shall be aligned in a manner that takes into
account the desirability of minimizing adverse impacts on
wilderness values.
(2) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately ten thousand three hundred and eighty acres,
as generally depicted on a map entitled "Bigelow ChoUa Garden
Wilderness— Proposed", dated July 1993, and which shall be
known as the Bigelow ChoUa Garden Wilderness.
(3) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and within the
San Bernardino National Forest, which comprise approximately
thirty-nine thousand one hundred and eighty-five acres, as
generally depicted on a map entitled "Bighorn Mountain Wilderness—Proposed", dated July 1993, and which shall be known
as the Bighorn Mountain Wilderness.
(4) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management, which comprise approximately forty-seven thoussuid five
hundred and seventy acres, as generally depicted on a map
entitled "Big Maria Mountains Wilderness—Proposed", dated
February 1986, and which shall be known as the Big Maria
Mountains Wilderness.
(5) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirteen thousand nine hundred and forty acres,
as generally depicted on a map entitled "Black Mountain
Wilderness—^Proposed", dated July 1993, and which shall be
known as the Black Mountain Wilderness.
(6) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately nine thousand five hundred and twenty acres,
as generally depicted on a map entitled "Bright Star Wilderness—Proposed , dated October 1993, and which shall be known
as the Bright Star Wilderness.
(7) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-eight thousand five hundred and fifteen
acres, as generally depicted on two maps entitled "Bristol Mountains Wilderness—Proposed 1", and "Bristol Mountains Wilderness—Proposed 2", dated September 1991, and which shall
be known as Bristol Mountains Wilderness.

108 STAT. 4473

108 STAT. 4474

PUBLIC LAW 103-433—OCT. 31, 1994
(8) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-nine thousand seven hundred and forty
acres, as generally depicted on a map entitled "Cadiz Dunes
Wilderness—Proposed", dated July 1993, and which shall be
known as the Cadiz Dunes Wilderness.
(9) Certain lands in the California Desert Conservation
Area and Eastern San Diego County, of the Bureau of Land
Management, which comprise approximately fifteen thousand
seven hundred acres, as generally depicted on a map entitled
"Carrizo Gorge Wilderness—Proposed", dated February 1986,
and which shall be known as the Carrizo Gorge Wilderness.
(10) Certain lands in the California Desert Conservation
Area and Yuma District, of the Bureau of Land Management,
which comprise approximately sixty-four thousand three hundred and twenty acres, as generally depicted on a map entitled
"Chemehuevi Mountains Wilderness—Proposed", dated July
1993, and which shall be known as the Chemehuevi Mountains
Wilderness,
(11) Certain lands in the Bakersfield District, of the Bureau
of Land Management, which comprise approximately thirteen
thousand seven hundred acres, as generally depicted on two
maps entitled "Chimney Park Wilderness—Proposed 1" and
"Chimney Peak Wilderness—Proposed 2", dated May 1991, and
which shall be known as the Chimney Peak Wilderness.
(12) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty thousand seven hundred and seventy
acres, as generally depicted on two maps entitled "Chuckwalla
Mountains Wilderness—Proposed 1" and "Chuckwalla Mountains Wilderness—Proposed 2", dated July 1992, and which
shall be known as the Chuckwalla Mountains Wilderness.
(13) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
thirty-three thousand nine hundred and eighty acres, as generally depicted on a map entitled "Cleghorn Lakes Wilderness—
Proposea', dated July 1993, and which shall be known as
the Cleghorn Lakes Wilderness. The Secretary may, pursuant
to an application filed by the Department of Defense, grant
a right-of-way for, and authorize construction of, a road within
the area depicted as "nonwilderness road corridor" on such
map.
(14) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand acres, as generally depicted
on a map entitled "Clipper Mountain Wilderness—Proposed",
dated July 1993, and which shall be known as Clipper Mountain
Wilderness.
(15) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately fifty thousand five hundred and twenty acres,
as generally depicted on a map entitled "Coso Range Wilderness—Proposed , dated May 1991, and which shall be known
as Coso Range Wilderness.
(16) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand acres, as generally depicted

PUBLIC LAW 103-433—OCT. 31, 1994
on a map entitled "Coyote Mountains Wilderness—Proposed",
dated July 1993, and which shall be known as Coyote Mountains Wilderness.
(17) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eight thousand six hundred acres, as generally
depicted on a map entitled "Darwin Falls Wilderness—Proposed", dated May 1991, and which shall be known as Darwin
Falls Wilderness.
(18) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management, which comprise approximately forty-eight thousand eight
hundred and fifty acres, as generally depicted on a map entitled
"Dead Mountains Wilderness—Proposed", dated October 1991,
and which shall be known as Dead Mountains Wilderness.
(19) Certain lands in the Bakersfield District, of the Bureau
of Land Management, which comprise approximately thirtysix thousand three hundred acres, as generally depicted on
two maps entitled "Domeland Wilderness Additions—Proposed
1" and "Domeland Wilderness Additions—Proposed 2", dated
February 1986, and which are hereby incorporated in, and
which shall be deemed to be a part of, the Domeland Wilderness
as designated by Public Laws 93-632 and 98-425.
(20) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-three thousand seven hundred and eighty
acres, as generally depicted on a map entitled "El Paso Mountains Wilderness—Proposed", dated July 1993, and which shall
be known as the El Paso Mountains Wilderness.
(21) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand nine hundred and forty
acres, as generally depicted on a map entitled "Fish Creek
Mountains Wilderness—Proposed", dated July 1993, and which
shall be known as Fish Creek Mountains Wilderness.
(22) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-eight thousand one hundred and ten
acres, as generally depicted on a map entitled "Funeral Mountains Wilderness—Proposed", dated May 1991, and which shall
be known as Funeral Mountains Wilderness.
(23) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand seven hundred acres, as
generally depicted on a map entitled "Golden Valley Wilderness—Proposed", dated February 1986, and which shall be
known as Golden Valley Wilderness.
(24) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand six hundred and ninetyfive acres, as generally depicted on a map entitled "Grass
Valley Wilderness—Proposed", dated July 1993, and which
shall be known as the Grass Valley Wilderness.
(25) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand two hundred and forty
acres, as generally depicted on a map entitled "Hollow Hills

79-194 O—95—32 : QL 3 Part 5

108 STAT. 4475

108 STAT. 4476

PUBLIC LAW 103-433—OCT. 31, 1994
Wilderness—Proposed", dated May 1991, and which shall be
known as the Hollow Hills Wilderness.
(26) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-six thousand four hundred and sixty
acres, as generally depicted on a map entitled "Ibex Wilderness—Proposed", dated May 1991, and which shall be known
as the Ibex Wilderness.
(27) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand eight hundred and fiftyfive acres, as generally depicted on a map entitled "Indian
Pass Wilderness—Proposed", dated July 1993, and which shall
be known as the Indian Pass Wilderness.
(28) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, and within the Inyo National Forest, which comprise approximately two hundred and five thousand and twenty
acres, as generally depicted on three maps entitled "Inyo Mountains Wilderness—Proposed 1", "Inyo Mountains Wilderness—
Proposed 2", "Inyo Mountains Wilderness—Proposed 3", dated
May 1991, and which shall be known as the Inyo Mountains
Wilderness.
(29) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-three thousand six hundred and seventy
acres, as generally depicted on a map entitled "Jacumba Wilderness—Proposed", dated July 1993, and which shall be known
as the Jacumba Wilderness.
(30) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred and twenty-nine thousand five hundred and eighty acres, as generally depicted on a map entitled
"Kelso Dunes Wilderness—Proposed 1", dated October 1991,
a map entitled "Kelso Dunes Wilderness—Proposed 2", dated
May 1991, and a map entitled "Kelso Dunes Wilderness—
Proposed 3", dated September 1991, and which shall be known
as the Kelso Dunes Wilderness.
(31) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, and the Sequoia
National Forest, which comprise approximately eighty-eight
thousand two hundred and ninety acres, as generally depicted
on a map entitled "Kiavah Wilderness—Proposed 1", dated
February 1986, and a map entitled "Kiavah Wilderness—Proposed 2", dated October 1993, and which shall be known as
the Kiavah Wilderness.
(32) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred nine thousand, six hundred and
eight acres, as generally depicted on four maps entitled "Kingston Range Wilderness—Proposed 1", "Kingston Range Wilderness—Proposed 2", "Kingston Range Wilderness—Proposed 3",
"Kingston Range Wilderness—Proposed 4", dated July 1993,
and which shall be known as the Kingston Range Wilderness.
(33) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand eight hundred emd eighty

PUBLIC LAW 103-433—OCT. 31, 1994
acres, as generally depicted on a map entitled "Little
Chuckwalla Mountains Wilderness—Proposed", dated July
1993, and which shall be known as the Little Chuckwalla
Mountains Wilderness.
(34) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management, which comprise approximately thirty-three thousand six
hundred acres, as generally depicted on a map entitled "Little
Picacho Wilderness—Proposed", dated July 1993, and which
shall be known as the Little Picacho Wilderness.
(35) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and sixty
acres, as generally depicted on a map entitled "Malpais Mesa
Wilderness—Proposed", dated September 1991, and which shall
be known as the Malpais Mesa Wilderness.
(36) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand one hundred and five acres,
as generally depicted on a map entitled "Manly Peak Wilderness—Proposed", dated October 1991, and which shall be known
as the Manly Peak Wilderness.
(37) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-four thousand two hundred acres, as generally depicted on a map entitled "Mecca Hills Wilderness—
Proposed", dated July 1993, and which shall be known as
the Mecca Hills Wilderness.
(38) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty-seven thousand three hundred and thirty
acres, as genersdly depicted on a map entitled "Mesquite Wilderness—Proposed", dated May 1991, and which shall be known
as the Mesquite Wilderness.
(39) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-two thousand nine hundred acres, as
generally depicted on a map entitled "Newberry Mountains
Wilderness—Proposed", dated February 1986, and which shall
be known as the Newberry Mountains Wilderness.
(40) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred ten thousand eight hundred and
sixty acres, as generally depicted on a map entitled "Nopah
Range Wilderness—Proposed", dated July 1993, and which shall
be known as the Nopah Range Wilderness.
(41) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand two hundred and forty
acres, as generally depicted on a map entitled "North Algodones
Dunes Wilderness—Proposed", dated October 1991, and which
shall be known as the North Algodones Dunes Wilderness.
(42) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-five thousand five hundred and forty
acres, as generally depicted on a map entitled "North Mesquite

108 STAT. 4477

108 STAT. 4478

PUBLIC LAW 103-433—OCT. 31, 1994
Mountains Wilderness—Proposed", dated May 1991, and which
shall be known as the North Mesquite Mountains Wilderness.
(43) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-six thousand and twenty
acres, as generally depicted on a map entitled "Old Woman
Mountains Wilderness—Proposed 1", dated July 1993 and a
map entitled "Old Woman Mountains Wilderness—Proposed
2", dated July 1993, and which shall be known as the Old
Woman Mountains Wilderness.
(44) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand seven hundred and thirty-five
acres, as generally depicted on a map entitled "Orocopia Mountains Wilderness—Proposed", dated July 1993, and which shall
be known as the Orocopia Mountains Wilderness.
(45) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately seventy-four thousand and sixty acres, as generally depicted on a map entitled
"Owens Peak Wilderness—Proposed 1", dated February 1986,
a map entitled "Owens Peak Wilderness—Proposed 2", dated
March 1994, and a map entitled "Owens Peak Wilderness—
Proposed 3", dated May 1991, and which shall be known as
the Owens Peak Wilderness.
(46) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-four thousand eight hundred acres, as
generally depicted on a map entitled "Pahrump Valley Wilderness—Proposed", dated February 1986, and which shall be
known as the Pahrump Valley Wilderness.
(47) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately two hundred seventy thousand six hundred and
twenty-nine acres, as generally depicted on a map entitled
"Palen/McCoy Wilderness—Proposed 1", dated July 1993, and
a map entitled "Palen/McCoy Wilderness—Proposed 2", dated
July 1993, and which shall be known as the Palen/McCoy
Wilderness.
(48) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-two thousand three hundred and ten
acres, as generally depicted on a map entitled "Palo Verde
Mountains Wilderness—Proposed", dated July 1993, and which
shall be known as the Palo Verde Mountains Wilderness.
(49) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand seven hundred acres, as generally depicted on a map entitled "Picacho Peak Wilderness—
Proposed", dated May 1991, and which shall be known as
the Picacho Peak Wilderness.
(50) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-two thousand five hundred and seventyfive acres, as generally depicted on a map entitled "Piper Mountain Wilderness—Proposed", dated October 1993, and which
shall be known as the Piper Mountain Wilderness.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4479

(51) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-six thousand eight hundred and forty
acres, as generally depicted on a map entitled "Piute Mountains
Wilderness—Proposed", dated July 1993, and which shall be
known as the Piute Mountains Wilderness.
(52) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventy-eight thousand eight hundred and sixtyeight acres, as generally depicted on a map entitled "Resting
Spring Range Wilderness—Proposed", dated May 1991, and
which shall be known as the Resting Spring Range Wilderness.
(53) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately forty thousand eight hundred and twenty acres,
as generally depicted on a map entitled "Rice Valley Wilderness—Proposed , dated May 1991, and which shall be known
as the Rice Valley Wilderness.
(54) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management, which comprise approximately twenty-two thousand
three hundred eighty acres, as generally depicted on a map
entitled "Riverside Mountains Wilderness—Proposed", dated
May 1991, and which shall be known as the Riverside Mountains Wilderness.
(55) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-seven thousand six hundred and ninety
acres, as generally depicted on a map entitled "Rodman Mountains Wilderness—Proposed", dated October 1994, and which
shall be known as the Rodman Mountains Wilderness.
(56) Certain lands in the California Desert Conservation
Area and the Bakersfield District, of the Bureau of Land
Management, which comprise approximately fifty-one thousand
nine hundred acres, as generally depicted on two maps entitled
"Sacatar Trail Wilderness—Proposed 1" and "Sacatar Trail
Wilderness—Proposed 2", dated May 1991, and which shall
be known as the Sacatar Trail Wilderness.
(57) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one thousand four hundred and forty acres, as
generally depicted on a map entitled "Saddle Peak Hills Wilderness—Proposed", dated July 1993, and which shall be known
as the Saddle Peak Hills Wilderness.
(58) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-seven thousand nine hundred and eighty
acres, as generally depicted on a map entitled "San Gorgonio
Wilderness Additions—Proposed", dated July 1993, and which
are hereby incorporated in, and which shall be deemed to
be a part of, the San Gorgonio Wilderness as designated by
Public Laws 88-577 and 98-425.
(59) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixty-four thousand three hundred and forty
acres, as generally depicted on a map entitled "Santa Rosa
Wilderness Additions—Proposed", dated March 1994, and which

108 STAT. 4480

PUBLIC LAW 103-433—OCT. 31, 1994
are hereby incorporated in, and which shall be deemed to
be part of, the Santa Rosa Wilderness designated by Public
Law 9 8 ^ 2 5 .
(60) Certain lands in the California Desert District, of
the Bureau of Land Management, which comprise approximately thirt;y-five thousand and eighty acres, as generally
depicted on a map entitled "Sawtooth Mountains Wilderness—
Proposed", dated July 1993, and which shall be known as
the Sawtooth Mountains Wilderness.
(61) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred seventy-four thousand eight hundred acres, as generally depicted on two maps entitled
"Sheephole Valley Wilderness—Proposed 1", dated July 1993,
and "Sheephole Valley Wilderness—Proposed 2", dated July
1993, and which shall be known as the Sheephole Valley
Wilderness.
(62) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately sixteen thousand seven hundred and eighty
acres, as generally depicted on a map entitled "South Nopah
Range Wilderness—Proposed", dated February 1986, and which
shall be known as the South Nopah Range Wilderness.
(63) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seven thousand and fifty acres, as generally
depicted on a map entitled "Stateline Wilderness—Proposed",
dated May 1991, and which shall be known as the Stateline
Wilderness.
(64) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately eighty-one thousand six hundred acres, as generally depicted on a map entitled "Stepladder Mountains
Wilderness—Proposed", dated February 1986, and which shall
be known as the Stepladder Mountains Wilderness.
(65) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately twenty-nine thousand one hundred and eighty
acres, as generally depicted on a map entitled "Surprise Canyon
Wilderness—Proposed", dated September 1991, £md which shall
be known as the Surprise Canyon Wilderness.
(66) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately seventeen thousand eight hundred and twenty
acres, as generally depicted on a map entitled "Sylvania Mountains Wilderness—Proposed", dated February 1986, and which
shall be known as the Sylvania Mountains Wilderness.
(67) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately thirty-one thousand one hundred and sixty acres,
as generally depicted on a map entitled "Trilobite Wilderness—
Proposed", dated July 1993, and which shall be known as
the Trilobite Wilderness.
(68) Certain lands in the California Desert Conservation
Area, of the Bureau of Land Management, which comprise
approximately one hundred forty-four thousand five hundred
acres, as generally depicted on a map entitled "Turtle Moun-

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4481

tains Wilderness—Proposed 1", dated Februaiy 1986 and a
map entitled "Turtle Mountains Wilderness—Proposed 2",
dated May 1991, and which shall be known as the Turtle
Mountains Wilderness.
(69) Certain lands in the California Desert Conservation
Area and the Yuma District, of the Bureau of Land Management, which comprise approximately seventy-seven thousand
five hundred £uid twenty acres, as generally depicted on a
map entitled "Whipple Mountains Wilderness—Proposed",
dated July 1993, and which shall be known as the Whipple
Mountains Wilderness.
SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

(a) MANAGEMENT.—Subject to valid existing rights, each wilderness area designated under section 102 shall be administered by
the Secretary of the Interior (hereinafter in this Act referred to
as the "Secretary") or the Secretary of Agriculture, as appropriate,
in accordance with the provisions of the Wilderness Act, except
that any reference in such provisions to the effective date of the
Wilderness Act shall be deemed to be a reference to the effective
date of this title and any reference to the Secretary of Agriculture
shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area.
(b) M A P AND LEGAL DESCRIPTIONS.—AS soon as practicable
after the date of enactment of section 102, the Secretary concerned
shall file a map and legal description for each wilderness area
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of Representatives. Each such map and description shall have the same force
and effect as if included in this title, except that the Secretary
or the Secretary of Agriculture, as appropriate, may correct clerical
and typographical errors in each such legal description and map.
Each such map and legal description shall be on file and available
for public inspection in the office of the Director of the Bureau
of Land Management, Department of the Interior, or the Chief
of the Forest Service, Department of Agriculture, as appropriate.
(c) LIVESTOCK.—^Within the wilderness areas designated under
section 102, the grazing of livestock, where established prior to
the date of enactment of this Act, shall be permitted to continue
subject to such reasonable regulations, policies, and practices as
the Secretary deems necessary, as long as such regulations, policies,
and practices fully conform with and implement the intent of Congress regarding grazing in such areas as such intent is expressed
in the Wilderness Act and section 101(f) of Public Law 101-628.
(d) No BUFFER ZONES.—The Congress does not intend for the
designation of wilderness areas in section 102 of this title to lead
to the creation of protective perimeters or buffer zones around
any such wilderness area. The fact that nonwilderness activities
or uses can be seen or heard from areas within a wilderness
area shall not, of itself, preclude such activities or uses up to
the boundary of the wilderness area.
(e) FISH AND WILDLIFE.—AS provided in section 4(d)(7) of the

Wilderness Act, nothing in this title shall be construed as affecting
the jurisdiction of the State of California with respect to wildlife
and fish on the public lands located in that State.

108 STAT. 4482

PUBLIC LAW 103-433—OCT. 31, 1994

(f) FISH AND WILDLIFE MANAGEMENT.— Management activities
to maintain or restore fish and wildlife populations and the habitats
to support such populations may be carried out within wilderness
areas designated by this title and shall include the use of motorized
vehicles by the appropriate State agencies.
(g) LAW ENFORCEMENT ACCESS,—^Nothing in this Act, including
the wilderness designations made by such Act, may be construed
to preclude Federal, State, and local law enforcement agencies
from conducting law enforcement and border operations as permitted before the date of enactment of this Act, including the
use of motorized vehicles and aircraft, on any lands designated
as wilderness by this Act.
SEC. 104. WILDERNESS REVIEW.

(a) I N GENERAL.—Except as provided in subsection (b), the
Congress hereby finds and directs that lands in the California
Desert Conservation Area, of the Bureau of Land Management,
not designated as wilderness or wilderness study areas by this
Act have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management
Act of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are no
longer subject to the requirement of section 603(c) of the Federal
Land Policy and Management Act of 1976 pertaining to the management of wilderness study areas in a manner that does not impair
the suitability of such areas for preservation as wilderness.
(b) AREAS N O T RELEASED.—The following areas shall continue

to be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976, pertaining to the
management of wilderness study areas in a manner that does
not impair the suitability of such areas for preservation as
wilderness—
(1) certain lands which comprise approximately sixty-one
thousand three hundred and twenty, as generally depicted on
a map entitled "Avawatz Mountains Wilderness—Proposed",
dated May 1991;
(2) certain lands which comprise approximately thirty-nine
thousand seven hundred and fifty acres, as generally depicted
on a map entitled "Kingston Range Wilderness—Proposed 4",
dated July 1993;
(3) certain lands which comprise approximately eighty
thousand four hundred and thirty acres, as generally depicted
on two maps entitled "Soda Mountains Wilderness—Proposed
1", dated May 1991, and "Soda Mountains Wilderness—Proposed 2", dated January 1989;
(4) certain lands which compromise approximately twentythree thousand two hundred and fifty acres, as generally
depicted on a map entitled "South Avawatz Mountains—Proposed", dated May 1991;
(5) certain lands which comprise approximately seventeen
thousand two hundred and eighty acres, as generally depicted
on a map entitled "Death Valley National Park Boundary and
Wilderness 17—Proposed", dated July 1993;
(6) certain lands which comprise approximately eight thousand eight hundred acres, as generally depicted on a map
entitled "Great Falls Basin Wilderness—Proposed", dated February 1986; and

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4483

(7) certain lands which comprise approximately eighty-four
thousand four hundred acres, as generally depicted on a map
entitled "Cady Mountains Wilderness—Proposed", dated July
1993.
(c) WITHDRAWAL.—Subject to valid existing rights, the Federal
lands referred to in subsection (b) are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws; from location, entry, and patent under the United States
mining laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and all
amendments thereto.
SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.

In furtherance of the provisions of the Wilderness Act, certain
lands in the California Desert Conservation Area, of the Bureau
of Land Management, which comprise approximately eleven thousand two hundred acres as generally depicted on a map entitled
"White Mountains Wilderness Study Area—Proposed", dated May
1991, are hereby designated as the White Mountains Wilderness
Study Area and shall be administered by the Secretary in accordance with the provisions of section 603(c) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1782).
SEC. 106. SUITABILITY REPORT.

The Secretary is required, ten years after the date of enactment
of this Act, to report to Congress on current and planned exploration, development or mining activities on, and suitability for
future wilderness designation of, the lands as generally depicted
on maps entitled "Surprise Canyon Wilderness—Proposed", "Middle
Park Canyon Wilderness—Proposed", and "Death Valley National
Park Boundary and Wilderness 15", dated September 1991 and
a map entitled "Manly Peak Wilderness—Proposed", dated October
1991.
SEC. 107. DESERT LILY SANCTUARY.

43 USC 1781

(a) DESIGNATION.—There is hereby established the Desert Lily
Sanctuary within the California Desert Conservation Area, California, of the Bureau of Land Management, comprising approximately
two thousand forty acres, as generally depicted on a map entitled
"Desert Lily Sanctuary, dated February 1986, The Secretary shall
administer the area to provide maximum protection to the desert
lily.
(b) WITHDRAWAL.—Subject to valid existing rights, all Federal
lands within the Desert Lily Sanctuary are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws; from location, entry, and patent under the United States
mining laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and all
amendments thereto.
SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL
CONCERN.

(a) DESIGNATION.—^There is hereby established the Dinosaur
Trackway Area of Critical Environmental Concern within the
California Desert Conservation Area, of the Bureau of Land
Management, comprising approximately five hundred and ninety
acres as generally depicted on a map entitled "Dinosaur Trackway
Area of Critical Environmental Concern", dated July 1993. The

43 USC 1781
note.

108 STAT. 4484

PUBLIC LAW 103-433—OCT. 31, 1994

Secretary shall administer the area to preserve the paleontological
resources within the area.
(b) WITHDRAWAL.—Subject to valid existing rights, the Federal
lands within and adjacent to the Dinosaur Trackway Area of Critical
Environmental Concern, as generally depicted on a map entitled
"Dinosaur Trackway Mineral Withdrawal Area", dated July 1993,
are hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws; from location, entry, and patent
under the United States mining laws; and from disposition under
all laws pertaining to mineral and geothermal leasing, and mineral
materials, and all amendments thereto.

f:^p%i

TITLE II—DESIGNATION OF WILDERNESS AREAS TO BE ADMINISTERED
BY THE UNITED STATES FISH AND
WILDLIFE SERVICE
SEC. 201. DESIGNATION AND MANAGEMENT.

16 u s e 1132
•lote.

(a) D E S I G N A T I O N . — I n furtherance of t h e purposes of t h e Wilderness Act, t h e following l a n d s a r e hereby designated a s wilderness
a n d therefore, a s components of t h e N a t i o n a l Wilderness Preservation System:

(1) Certain lands in the Havasu National Wildlife Refuge,
California, which comprise approximately three thousand one
hundred and ninety-five acres, as generally depicted on a map
entitled "Havasu Wilderness—Proposed", and dated October
1991, and which shall be known as the Havasu Wilderness.
(2) Certain lands in the Imperial National Wildlife Refuge,
California, which comprise approximately five thousand eight
hundred and thirty-six acres, as generally depicted on two
maps entitled "Imperial Refuge Wilderness—Proposed 1" and
"Imperial Refuge Wilderness—Proposed 2", and dated October
1991, and which shall be known as the Imperial Refuge Wilderness.
(b) MANAGEMENT.—Subject to valid existing rights, the wilderness areas designated under this title shall be administered by
the Secretary in accordance with the provisions of the Wilderness
Act governing areas designated by that Act as wilderness, except
that any reference in such provisions to the effective date of the
Wilderness Act (or any similar reference) shall be deemed to be
a reference to the date of enactment of this Act.
(c) MAPS AND LEGAL DESCRIPTION.—^As soon as practicable after
enactment of this title, the Secretary shall file a map and a legal
description of each wilderness area designated under this section
with the Committees on Energy and Natural Resources and
Environment and Public Works of the United States Senate and
Natural Resources and Merchant Marine and Fisheries of the
United States House of Representatives. Such map and description
shall have the same force and effect as if included in this Act,
except that correction of clerical and typographical errors in such
legal description and map may be made. Such map and legal
description shall be on file and available for public inspection in
the Office of the Director, United States Fish and Wildlife Service,
Department of the Interior.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4485

SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.
Nothing in this title shall be construed to affect the operation
of federally owned dams located on the Colorado River in the
Lower Basin.
SEC. 203. NO EFFECT ON UPPER BASIN.

Nothing in this Act shall amend, construe, supersede, or preempt any State law, Federal law, interstate compact, or international treaty pertaining to the Colorado River (including its tributaries) in the Upper Basin, including, but not limited to the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of those rivers.
SEC. 204. COLORADO RIVER.

With respect to the Havasu and Imperial wilderness areas
designated by subsection 201(a) of this title, no rights to water
of the Colorado River are reserved, either expressly, impliedly,
or otherwise.

TITLE III- -DEATH VALLEY NATIONAL
PARK
SEC. 301. FINDINGS.

Short title.
Ante, p. 4471.

16 USC 410aaa.

The Congress hereby finds that—
(1) proclamations by Presidents Herbert Hoover in 1933
and Franklin Roosevelt in 1937 established and expanded the
Death Valley National Monument for the preservation of the
unusual features of scenic, scientific, and educational interest
therein contained;
(2) Death Valley National Monument is today recognized
as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries established in the 1930's
exclude and thereby expose to incompatible development and
inconsistent management, contiguous Federal lands of essential
and superlative natural, ecological, geological, archeological,
paleontological, cultural, historical ad wilderness values;
(4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands
of national park caliber and afforded full recognition and statutory protection as a National Park; and
(5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the
Wilderness Act.
SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.
16 USC
410aaa-l.
There is hereby established the Death Valley National Park
(hereinafter in this title referred to as the "park") as generally
depicted on twenty-three maps entitled "Death Valley National
Park Boundary and Wilderness—Proposed", numbered in the title
one through twenty-three, and dated July 1993 or prior, which
shall be on file and available for public inspection in the offices
of the Superintendent of the park £md the Director of the National
Park Service, Department of the Interior. The Death Valley 16 USC 431 note.
National Monument is hereby abolished as such, the lands and
interests therein are hereby incorporated within and made part

108 STAT. 4486

PUBLIC LAW 103-433—(XT. 31, 1994

of the new Death Valley National Park, and any funds available
for purposes of the monument shall be available for purposes of
the park,
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410aaa-2.

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410aaa-3.

SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.

Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted in the maps described in section 302 of this title, without
consideration, to the administrative jurisdiction of the National
Park Service for administration as part of the National Park System, and the boundary of the park shall be adjusted accordingly.
The Secretary shall administer the areas added to the park by
this title in accordance with the provisions of law generally
applicable to units of the National Park System, including the
Act entitled "An Act to establish a National Park Service, and
for other purposes", approved August 25, 1916 (39 Stat. 535; 16
U.S.C. 1, 2-4).
SEC. 304. MAPS AND LEGAL DESCRIPTION.

Within six months after the enactment of this title, the Secretary shall file maps and a legal description of the park designated
under this title with the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. Such
maps and legal description shall have the same force and effect
as if included in this title, except that the Secretary may correct
clerical and typographical errors in such legal description and in
the maps referred to in section 302. The maps and legal description
shall be on file and available for public inspection in the offices
of the Superintendent of the park and the Director of the National
Park Service, Department of the Interior.

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SEC. 305. WITHDRAWAL.

410aaa-4.

Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry, appropriation,
or disposal under the public land laws; from location, entry, and
patent under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing, and
mineral materials, and all amendments thereto.

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SEC. 306. GRAZING.

410aaa-5.

(a) IN GENERAL.—^The privilege of grazing domestic livestock
on lands within the park shall continue to be exercised at no
more than the current level, subject to applicable laws and National
Park Service regulations.
(b) SALE OF PROPERTY.^-If a person holding a grazing permit
referred to in subsection (a) informs the Secretary that such permittee is willing to convey to the United States any base property
with respect to which such permit was issued and to which such
permittee holds title, the Secretary shall make the acquisition of
such base property a priority as compared with the acquisition
of other lands within the park, provided agreement can be reached
concerning the terms and conditions of such acquisition. Any such
base property which is located outside the park and acquired as
a priority pursuant to this section shall be managed by the Federal
agency responsible for the majority of the adjacent lands in accordance with the laws applicable to such adjacent lands.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4487

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410aaa-6.
(a) The Secretary shall establish an Advisory Commission of Establishment.
no more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised comprehensive management plan for Death Valley National Park.
(b)(1) The advisory commission shall include an elected official
for each County within which any part of the park is located,
a representative of the owners of private properties located within
or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management,
mineral exploration and development, and persons with expertise
in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park
resources and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years Termination
date.
after the date of its establishment.
SEC. 307. DEATH VALLEY NATIONAL PARK ADVISORY COMMISSION.

SEC. 308. BOUNDARY ADJUSTMENT.

In preparing the maps and legal descriptions required by sections 304 and 602 of this Act, the Secretary shall adjust the boundaries of the Death Valley National Park and Death Valley National
Park Wilderness so as to exclude from such National Park and
Wilderness the lands generally depicted on the map entitled "Porter
Mine (Panamint Range) Exclusion Area" dated June 1994.

TITLE IV-^OSHUA TREE NATIONAL
PARK
SEC. 401. FINDINGS.

The Congress finds that—
(1) a proclamation by President Franklin Roosevelt in 1936
established Joshua Tree National Monument to protect various
objects of historical and scientific interest;
(2) Joshua Tree National Monument today is recognized
as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors;
(3) the monument boundaries as modified in 1950 and
1961 exclude and thereby expose to incompatible development
and inconsistent management, contiguous Federal lands of
essential and superlative natural, ecological, archeological,
paleontological, cultural, historical, and wilderness values;
(4) Joshua Tree National Monument should be enlarged
by the addition of contiguous Federal lands of national park
caliber, and afforded full recognition and statutory protection
as a National Park; and
(5) the nondesignated wilderness within Joshua Tree
should receive statutory protection by designation pursuant
to the Wilderness Act.
^s

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410aaa-7.

Short title.
Ante, p. 4471.

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410aaa-21.

108 STAT. 4488
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PUBLIC LAW 103-433—OCT. 31, 1994

SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.

There is hereby established the Joshua Tree National Park,
(hereinafter in this section referred to as the "park"), as generally
depicted on a map entitled "Joshua Tree National Park Boundary—
Proposed", dated May 1991, and four maps entitled "Joshua Tree
National Park Boundary and Wilderness', numbered in the title
one through four, and dated October 1991 or prior, which shall
be on file and available for public inspection in the offices of the
Superintendent of the park and the Director of the National Park
16 u s e 431 note. Service, Department of the Interior. The Joshua Tree National
Monument is hereby abolished as such, the lands and interests
therein are hereby incorporated within and made part of the new
Joshua Tree National Park, and any funds available for purposes
of the monument shall be available for purposes of the park.
SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.
16 use
410aaa-23.
Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted on the maps described in section 402 of this title, without
consideration, to tne administrative jurisdiction of the National
Park Service for administration as part of the National Park System. The boundaries of the park shall be adjusted accordingly.
The Secretary shall administer the areas added to the park by
this title in accordance with the provisions of law generally
applicable to units of the National Park System, including the
Act entitled "An Act to establish a National Park Service, and
for other purposes", approved August 25, 1916 (39 Stat. 535; 16
U.S.C. 1, 2-4).
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SEC. 404. MAPS AND LEGAL DESCRIPTION.

410aaa-24.

Within six months after the date of enactment of this title,
the Secretary shall file maps and legal description of the park
with the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of the
United States House of Representatives, Such maps and legal
description shall have the same force and effect as if included
in this title, except that the Secretary may correct clerical and
typographical errors in such legal description and maps. The maps
and legal description shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.

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SEC. 405. WITHDRAWAL.

410aaa-25.

Subject to valid existing rights, all Federal lands within the
park are hereby withdrawn from all forms of entry, appropriation,
or disposal under the public land laws; from location, entry, and
patent under the United States mining laws; and from disposition
under all laws pertaining to mineral and geothermal leasing, and
mineral materials, and all amendments thereto.

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SEC. 406. UTILITY RIGHTS-OF-WAY.

410aaa-26.

Nothing in this title shall have the effect of terminating any
validly issued right-of-way or customary operation, maintenance,
repair, and replacement activities in such right-of-way, issued,
granted, or permitted to the Metropolitan Water District pursuant
to the Boulder Canyon Project Act (43 U.S.C. 617-619b), which
is located on lands included in the Joshua Tree National Park,
but outside lands designated as wilderness under section 601(a)(2).

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4489

Such activities shall be conducted in a manner which will minimize
the impact on park resources. Nothing in this title shall have
the effect of terminating the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under
such lands granted to the Metropolitan Water District pursuant
to the Act of June 18, 1932 (47 Stat. 324), which are located
on lands included in the Joshua Tree National Park, but outside
lands designated as wilderness under section 601(a)(2). Such activities shall be conducted in a manner which will minimize the impact
on park resources. The Secretary shall prepare within one hundred
and eighty days after the date of enactment of this Act, in consultation with the Metropolitan Water District, plans for emergency
access by the Metropolitan Water District to its lands and rightsof-way.
SEC. 407. JOSHUA TREE NATIONAL PARK ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission of
no more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised comprehensive management plan for Joshua Tree National Park.
(b)(1) The advisory commission shall include an elected official
for each County within which any part of the park is located,
a representative of the owners of private properties located within
or immediately adjacent to the park, and other members representing persons actively engaged in grazing and range management,
mineral exploration and development, and persons with expertise
in relevant fields, including geology, biology, ecology, law enforcement, and the protection and management of National Park
resources and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.

TITLE V—MO JAVE NATIONAL
PRESERVE
SEC. 501. FINDINGS.

The Congress hereby finds that—
(1) Death Valley and Joshua Tree National Parks, as established by this Act, protect unique and superlative desert
resources, but do not embrace the particular ecosystems and
transitional desert type found in the Mojave Desert area lying
between them on public lands now afforded only impermanent
administrative designation as a national scenic area;
(2) the Mojave Desert area possesses outstanding natural,
cultural, historical, and recreational values meriting statutory
designation and recognition as a unit of the National Park
System;
(3) the Mojave Desert area should be afforded full recognition and statutory protection as a national preserve;

16 use

410aaa-27.
Establishment.

Termination
date.
Short title.
Ante, p. 4471.

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410aaa-41.

108 STAT. 4490

PUBLIC LAW 103-433—OCT. 31, 1994
(4) the wilderness within the Mojave Desert should receive
maximum statutory protection by designation pursuant to the
Wilderness Act; and
(5) the Mojave Desert area provides an outstanding opportunity to develop services, programs, accommodations and facilities to ensure the use and enjoyment of the area by individuals
with disabilities, consistent with section 504 of the Rehabilitation Act of 1973, Public Law 101-336, the Americans With
Disabilities Act of 1990 (42 U.S.C. 12101), and other,appropriate
laws and regulations.

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410aaa-42.

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410aaa-43.

SEC. 502. ESTABLISHMENT OF THE MOJAVE NATIONAL PRESERVE.

There is hereby established the Mojave National Preserve,
comprising approximately one million four hundred nineteen thousand eight hundred acres, as generally depicted on a map entitled
"Mojave National Park Boundary—Proposed", dated May 17, 1994,
which shall be on file and available for inspection in the appropriate
offices of the Director of the National Park Service, Department
of the Interior.
SEC. 503. TRANSFER OF LANDS.

Upon enactment of this title, the Secretary shall transfer the
lands under the jurisdiction of the Bureau of Land Management
depicted on the maps described in section 502 of this title, without
consideration, to the administrative jurisdiction of the Director of
the National Park Service. The boundaries of the public lands
shall be adjusted accordingly.

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SEC. 504. MAPS AND LEGAL DESCRIPTION.

410aaa-44.

Within six months after the date of enactment of this title,
the Secretary shall file maps and a legal description of the preserve
designated under this title with the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Natural Resources of the United States House of Representatives. Such maps and legal description shall have the same force
and effect as if included in this title, except that the Secretary
may correct clerical and typographical errors in such legal description and in the maps referred to in section 502. The maps and
legal description shall be on file and available for public inspection
in the appropriate offices of the National Park Service, Department
of the Interior.

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SEC. 505. ABOLISHMENT OF SCENIC AREA.

410aaa-45.

The East Mojave National Scenic Area, designated on January
13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR
36210), is hereby abolished.

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SEC. 506. ADMINISTRATION OF LANDS.

410aaa-46.

(a) The Secretary shall administer the preserve in accordance
with this title and with the provisions of law generally applicable
to units of the National Park System, including the Act entitled
"An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2 4).
(b) The Secretary shall permit hunting, fishing, and trapping
on lands and waters within the preserve designated by this Act
in accordance with applicable Federal and State laws except that
the Secretary may designate areas where, and establish periods

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4491

when, no hunting, fishing, or trapping will be permitted for reasons
of public safety, administration, or compliance with provisions of
applicable law. Except in emergencies, regulations closing areas
to hunting, fishing, or trapping pursuant to this subsection shall
be put into effect only after consultation with the appropriate State
agency having responsibility for fish and wildlife. Nothing in this
Act shall be construed as affecting the jurisdiction or responsibilities
of the States with respect to fish and wildlife on Federal lands
and waters covered by this title nor shall anything in this Act
be construed as authorizing the Secretary concerned to require
a Federal permit to hunt, fish, or trap on Federal lands and waters
covered by this title.
SEC. 507. WITHDRAWAL.

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Subject to valid existing rights, all Federal lands within the
preserve are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry,
and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing,
and mineral materials, and all amendments thereto.

410aaa-47.

SEC. 508. REGULATION OF MINING.

Subject to valid existing rights, all mining claims located within
the preserve shall be subject to all applicable laws and regulations
applicable to mining within units of the National Park System,
including the Mining in the Parks Act (16 U.S.C. 1901 et seq.),
and any patent issued after the date of enactment of this title
shall convey title only to the minerals together with the right
to use the surface of lands for mining purposes, subject to such
laws and regulations.
SEC. 509. STUDY AS TO VALIDITY OF MINING CLAIMS.

(a) The Secretary shall not approve any plan of operation
prior to determining the validity of tne unpatented mining claims,
mill sites, and tunnel sites affected by such plan within the preserve
and shall submit to Congress recommendations as to whether any
valid or patented claims should be acquired by the United States,
including the estimated acquisition costs of such claims, and a
discussion of the environmental consequences of the extraction of
minerals from these lands.
(b)(1) Notwithstanding any other provision of law, the Secretary
shall permit the holder or holders of mining claims identified on
the records of the Bureau of Land Management as Volco #A CAMC
105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2
CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco
5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403,
Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after the date of
enactment of this title, subject to the same regulations as applied
to such activities on such claims on the day before such date
of enactment.
(2) At the end of the period specified in paragraph (1), or
sooner if so requested by the holder or holders of the claims specified
in such paragraph, the Secretary shall determine whether there
has been a discovery of valuable minerals on such claims and
whether, if such discovery had been made on or before July 1,
1994, such claims would have been valid as of such date under
the mining laws of the United States in effect on such date.

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410aaa-48.

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108 STAT. 4492

PUBLIC LAW 103-433—OCT. 31, 1994

(3) If the Secretary, pursuant to paragraph (2), makes an
affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted
to continue to operate such claims subject only to such regulations
as applied on July 1, 1994 to the exercise of valid existing rights
on patented mining claims within a unit of the National Park
System.
16 u s e

SEC. 510. GRAZING.

(a) The privilege of grazing domestic livestock on lands within
the preserve shall continue to be exercised at no more than the
current level, subject to applicable laws and National Park Service
regulations.
(b) If a person holding a grazing permit referred to in subsection
(a) informs the Secretary that such permittee is willing to convey
to the United States any base property with respect to which
such permit was issued and to which such permittee holds title,
the Secretary shall make the acquisition of such base property
a priority as compared with the acquisition of other lands within
the preserve, provided agreement can be reached concerning the
terms and conditions of such acquisition. Any such base property
which is located outside the preserve and acquired as a priority
pursuant to this section shall be managed by the Federal agency
responsible for the majority of the adjacent lands in accordance
with the laws applicable to such adjacent lands.
16 u s e
410aaa-51

SEC. 511. UTILITY RIGHTS OF WAY.

(a)(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way,
issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included
in the Mojave National Preserve, but outside lands designated
as wilderness under section 601(a)(3), Such activities shall be conducted in a manner which will minimize the impact on preserve
resources.
(2) Nothing in this title shall have the effect of prohibiting
the upgrading of an existing electrical transmission line for the
purpose of increasing the capacity of such transmission line in
the Southern California Edison Company validly issued EldoradoLugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted,
or permitted by the Secretary adjacent to the existing MojaveLugo Transmission Line right-of-way (hereafter in this section
referred to as "adjacent right-of-way"), including construction of
a replacement transmission line: Provided, That—
(A) in the Eldorado-Lugo Transmission Line rights-of-way
(hereafter in this section referred to as the "Eldorado rightsof-way") at no time shall there be more than three electrical
transmission lines;
(B) in the Mojave-Lugo Transmission Line right-of-way
(hereafter in this section referred to as the "Mojave rightof-way) and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be
completed no later than three years after the date on which
construction of the upgraded transmission line begins, after
which time there may be only one electrical transmission line

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4493

in the lands encompassed by Mojave right-of-way and adjacent
right-of-way;
(C) if there are no more than two electrical transmission
lines in the Eldorado rights-of-way, two electrical transmission
lines in the lands encompassed by the Mojave right-of-way
and adjacent right-of-way may be allowed;
(D) in the Eldorado rights-of-way and Mojave right-of-way
no additional land shall be issued, granted, or permitted for
such upgrade unless an addition would reduce the impacts
to preserve resources;
(E) no more than 350 feet of additional land shall be
issued, granted, or permitted for an adjacent right-of-way to
the south of the Mojave right-of-way unless a greater addition
would reduce the impacts to preserve resources; and
(F) such upgrade activities, including helicopter aided
construction, shall be conducted in a manner which will minimize the impact on preserve resources.
(3) The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this title, in consultation with
the Southern California Edison Company, plans for emergency
access by the Southern California Edison Company to its rightsof-way.
(b)(1) Nothing in this title shall have the effect of terminating
any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way;
prohibiting the upgrading of and construction on existing facilities
in such right-of-way for the purpose of increasing the capacity
of the existing pipeline; or prohibiting the renewal of such rightof-way issued, granted, or permitted to the Southern California
Gas Company, its successors or assigns, which is located on lands
included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall
be conducted in a manner which will minimize the impact on
preserve resources.
(2) The Secretary shall prepare within one hundred and eighty
days after the date of enactment of this title, in consultation with
the Southern California Gas Company, plans for emergency access
by the Southern California Gas Company to its rights-of-way.
(c) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued,
granted, or permitted for communications cables or lines, which
are located on lands included in the Mojave National Preserve,
but outside lands designated as wilderness under section 601(a)(3).
Such activities shall be conducted in a manner which will minimize
the impact on preserve resources.
(d) Nothing in this title shall have the effect of terminating
any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued,
granted, or permitted to Molybdenum Corporation of America;
Molycorp, Incorporated; or Union Oil Company of California (d/
b/a Unocal Corporation); or its successors or assigns, or prohibiting
renewal of such right-of-way, which is located on lands included
in the Mojave National Preserve, but outside lands designated
as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve
resources.

108 STAT. 4494
16 use

410aaa-52.

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410aaa-53.

PUBLIC LAW 103-433—OCT. 31, 1994

SEC. 512. PREPARATION OF MANAGEMENT PLAN.

Within three years after the date of enactment of this title,
the Secretary shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a
detailed and comprehensive management plan for the preserve.
Such plan shall place emphasis on historical and cultural sites
and ecological and wilderness values within the boundaries of the
preserve. Such plan shall evaluate the feasibility of using the Kelso
Depot and existing railroad corridor to provide public access to
and a facility for special interpretive, educational, and scientific
programs within the preserve. Such plan shall specifically address
the needs of individuals with disabilities in the design of services,
programs, accommodations and facilities consistent with section
504 of the Rehabilitation Act of 1973, Public Law 101-336, the
Americans with Disabihties Act of 1990 (42 U.S.C. 12101), and
other appropriate laws and regulations.
SEC. 513. GRANITE MOUNTAINS NATURAL RESERVE.

(a) ESTABLISHMENT.—^There is hereby designated the Granite
Mountains Natural Reserve within the preserve comprising approximately nine thousand acres as generally depicted on a map entitled
"Mojave National Park Boundary and Wilderness—Proposed 6",
dated May 1991.
(b) COOPERATIVE MANAGEMENT AGREEMENT.—Upon enactment

16 use
410aaa-54.
eontracts.
ealifornia State
University.

of this title, the Secretary shall enter into a cooperative management agreement with the University of California for the purposes
of managing the lands within the Granite Mountains Natural
Reserve. Such cooperative agreement shall ensure continuation of
arid lands research and educational activities of the University
of California, consistent with the provisions of this title and laws
generally applicable to units of the National Park System.
SEC. 514. SODA SPRINGS DESERT STUDY CENTER.
Upon enactment of this title, the Secretary shall enter into
a cooperative management agreement with California State University for the purposes of managing facilities at the Soda Springs
Desert Study Center. Such cooperative agreement shall ensure
continuation of the desert research and educational activities of
California State University, consistent with the provisions of this
title and laws generally applicable to units of the National Park
System.

16 use

SEC. 515. CONSTRUCTION OF VISITOR CENTER.

410aaa-55.

The Secretary is authorized to construct a visitor center in
the preserve for the purpose of providing information through appropriate displays, printed material, and other interpretive programs,
about the resources of the preserve.

16 use

SEC. 516. ACQUISITION OF LANDS.

410aaa-56.

The Secretary is authorized to acquire all lands and interest
in lands within the boundary of the preserve by donation, purchase,
or exchange, except that—
(1) any lands or interests therein within the boundary
of the preserve which are owned by the State of California,
or any political subdivision thereof, may be acquired only by
donation or exchange except for lands managed by the California State Lands Commission; and

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4495

(2) lands or interests therein within the boundary of the
preserve which are not owned by the State of CaHfornia or
any poUtical subdivision thereof may be acquired only with
the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity
for comment, that the property is being developed, or proposed
to be developed, in a manner which is detrimental to the
integrity of the preserve or which is otherwise incompatible
with the purposes of this title: Provided, however. That the
construction, modification, repair, improvement, or replacement
of a single-family residence shall not be determined to be detrimental to the integrity of the preserve or incompatible with
the purposes of this title.
SEC. 517. ACQUIRED LANDS TO BE MADE PART OF MOJAVE NATIONAL
PRESERVE.

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410aaa-57.

Any lands acquired by the Secretary under this title shall
become part of the Mojave National Preserve.
SEC. 518. MOJAVE NATIONAL PRESERVE ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission of
no more than fifteen members, to advise the Secretary concerning
the development and implementation of a new or revised comprehensive management plan for the Mojave National Preserve.
(b)(1) The advisory commission shall include an elected ofticial
for each County within which any part of the preserve is located,
a representative of the owners of private properties located within
or immediately adjacent to the preserve, and other members representing persons actively engaged in grazing and range management, mineral exploration and development, and persons with
expertise in relevant fields, including geology, biology, ecology, law
enforcement, and the protection and management of National Park
resources and values.
(2) Vacancies in the advisory commission shall be filled by
the Secretary so as to maintain the full diversity of views required
to be represented on the advisory commission.
(c) The Federal Advisory Committee Act shall apply to the
procedures and activities of the advisory commission.
(d) The advisory commission shall cease to exist ten years
after the date of its establishment.

16 use

410aaa-58.
Establishment.

Termination
date.

SEC. 519. NO ADVERSE AFFECT ON LAND UNTIL ACQUIRED.

16 use

Unless and until acquired by the United States, no lands within
the boundaries of wilderness areas or National Park System units
designated or enlarged by this Act that are owned by any person
or entity other than the United States shall be subject to any
of the rules or regulations applicable solely to the Federal lands
within such boundaries and may be used to the extent allowed
by applicable law. Neither the location of such lands within such
boundaries nor the possible acquisition of such lands by the United
States shall constitute a bar to the otherwise lawful issuance of
any Federal license or permit other than a license or permit related
to activities governed by 16 U.S.C. 4601-22(c). Nothing in this
section shall be construed as affecting the applicability of any
provision of the Mining in the Parks Act (16 U.S.C. 1901 et.seq.),
the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicable
to oil and gas development as set forth in 36 CFR 9B.

410aaa-59.

108 STAT. 4496
Short title.
Ante, p. 4471.

PUBLIC LAW 103-433—OCT. 31, 1994

TITLE VI—NATIONAL PARK SYSTEM
WILDERNESS
SEC. 601. DESIGNATION OF WILDERNESS.

16 use 1132
note.

(a) In furtherance of the purposes of the Wilderness Act (78
Stat. 890; 16 U.S.C. 1311 et seq.), the following lands within the
units of the National Park System designated by this Act are
hereby designated as wilderness, and therefore, as components of
the National Wilderness Preservation System:
(1) Death Valley National Park Wilderness, comprising
approximately three million one hundred fifty-eight thousand
thirty-eight acres, as generally depicted on twenty-three maps
entitled "Death Valley National Park Boundary and Wilderness", numbered in the title one through twenty-three, and
dated October 1993 or prior, and three maps entitled "Death
Valley National Park Wilderness", numbered in the title one
through three, and dated July 1993 or prior, and which shall
be known as the Death Valley Wilderness.
(2) Joshua Tree National Park Wilderness Additions,
comprising approximately one hundred thirty-one thousand
seven hundred and eighty acres, as generally depicted on four
maps entitled "Joshua Tree National Park Boundary and
Wilderness—Proposed", numbered in the title one througn four,
and dated October 1991 or prior, and which are hereby incorporated in, and which shall be deemed to be a part of the
Joshua Tree Wilderness as designated by Public Law 94-567.
(3) Mojave National Preserve Wilderness, comprising
approximately six hundred ninety-five thousand two hundred
acres, as generally depicted on ten maps entitled "Mojave
National Park Boundary and Wilderness—Proposed", and numbered in the title one through ten, and dated March 1994
or prior, and seven maps entitled "Mojave National Park
Wilderness—Proposed", numbered in the title one through
seven, and dated March 1994 or prior, and which shall be
known as the Mojave Wilderness.
(b) POTENTIAL WILDERNESS.—Upon cessation of all uses prohibited by the Wilderness Act and publication by the Secretary in
the Federal Register of notice of such cessation, potential wilderness, comprising approximately six thousand eight hundred and
forty acres, as described in "1988 Death Valley National Monument
Draft General Management Plan Draft Environmental Impact
Statement" (hereafter in this title referred to as "Draft Plan")
and as generally depicted on map in the Draft Plan entitled "Wilderness Plan Death Valley National Monument", dated January 1988,
and which shall be deemed to be a part of the Death Valley
Wilderness as designated in paragraph (a)(1). Lands identified in
the Draft Plan as potential wilderness shall be managed by the
Secretary insofar as practicable as wilderness until such time as
said lands are designated as wilderness.
SEC. 602. FILING OF MAPS AND DESCRIPTIONS.

Maps and a legal description of the boundaries of the areas
designated in section 601 of this title shall be on file and available
for public inspection in the appropriate offices of the National
Park Service, Department of the Interior. As soon as practicable
after the date of enactment of this title, maps and legal descriptions

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4497

of the wilderness areas shall be filed with the Committee on Energy
and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives, and such maps and legal descriptions shall have the same
force and effect as if included in this title, except that the Secretary
may correct clerical and typographical errors in such maps and
legal descriptions.
SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.

The areas designated by section 601 of this title as wilderness
shall be administered by the Secretary in accordance with the
applicable provisions of the Wilderness Act governing areas designated by that title as wilderness, except that any reference in
such provision to the effective date of the Wilderness Act shall
be deemed to be a reference to the effective date of this title,
and where appropriate, and reference to the Secretary of Agriculture
shall be deemed to be a reference to the Secretary of the Interior.

TITLE VII—MISCELLANEOUS
PROVISIONS

Short title.
Ante, p. 4471.

SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK. 16 use
410aaa-71.
Upon enactment of this title, the Secretary shall transfer to
the State of California certain lands within the California Desert
Conservation Area, California, of the Bureau of Land Management,
comprising approximately twenty thousand five hundred acres, as
generally depicted on two maps entitled "Red Rock Canyon State
Park Additions 1" and "Red Rock Canyon State Park Additions
2", dated May 1991, for inclusion in the State of California Park
System. Should the State of California cease to manage these lands
as part of the State Park System, ownership of the lands shall
revert to the Department of the Interior to be managed as part
of California Desert Conservation Area to provide maximum protection for the area's scenic and scientific values.
16 use
SEC. 702. LAND TENURE ADJUSTMENTS.
410aaa-72.
In preparing land tenure adjustment decisions with the California Desert Conservation Area, of the Bureau of Land Management,
the Secretary shall give priority to consolidating Federal ownership
within the national park units and wilderness areas designated
by this Act.
SEC. 703. LAND DISPOSAL.
16 use
Except as provided in section 406 of this Act, none of the 410aaa-73.
lands within the boundaries of the wilderness or park areas designated under this Act shall be granted to or otherwise made
available for use by the Metropolitan Water District or any other
agencies or persons pursuant to the Boulder Canyon Project Act
(43 U.S.C. 617-619b) or any similar Acts.
SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.
16 use
Any lands within the boundaries of a wilderness area des- 410aaa-74.
ignated under this Act which are acquired by the Federal Government, shall become part of the wilderness area within which they
are located and shall be managed in accordance with all the provisions of this Act and other laws applicable to such wilderness
area.

108 STAT. 4498
16 use

410aaa-75.

Reports.

16 use

410aaa-76.

PUBLIC LAW 103-433—OCT. 31, 1994

SEC. 705. NATIVE AMERICAN USES AND INTERESTS.

(a) ACCESS.—In recognition of the past use of the National
Park System units and wilderness areas designed under this Act
by Indian people for traditional cultural and religious purposes,
the Secretary shall ensure access to such park system units and
wilderness areas by Indian people for such traditional cultural
and religious purposes. In implementing this section, the Secretary,
upon the request of an Indian tribe or Indian religious community,
shall temporarily close to the general public use of one or more
specific portions of the park system unit or wilderness area in
order to protect the privacy of traditional cultural and religious
activities in such areas by Indian people. Any such closure shall
be made to affect the smallest practicable area for the minimum
period necessary for such purposes. Such access shall be consistent
with the purpose and intent of Public Law 95-341 (42 U.S.C.
1996) commonly referred to as the "American Indian Religious
Freedom Act", and with respect to areas designated as wilderness,
the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).
(b) STUDY.—(1) The Secretary, in consultation with the
Timbisha Shoshone Tribe and relevant Federal agencies, shall conduct a study, subject to the availability of appropriations, 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, as described in title III of
this Act.
(2) Not later than 1 year after the date of enactment of this
title, the Secretary shall submit a report to the Committee on
Energy and Natural Resources and the Committee on Indian Affairs
of the United States Senate, and the Committee on Natural
Resources of the United States House of Representatives on the
results of the study conducted under paragraph (1).
SEC. 706. FEDERAL RESERVED WATER RIGHTS.

(a) Except as otherwise provided in section 204 of this Act,
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 water
rights shall be the date of enactment of this Act.
(b) The Secretary and all other officers of the United States
shall take all steps necessary to protect the rights reserved by
this section, 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 in accordance
with section 208 of the Act of July 10, 1952 (66 Stat. 560, 43
U.S.C. 666), commonly referred to as the McCarran Amendment.
(c) 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.
(d) The Federal water rights reserved by this Act are specific
to the wilderness area located in the State of California designated
under this Act. Nothing in this Act related to the 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 thereto.

PUBLIC LAW 103-433—OCT. 3 1 , 1994

108 STAT. 4499

SEC. 707. CALIFORNIA STATE SCHOOL LANDS.
(a) NEGOTIATIONS T O EXCHANGE.—Upon request of the Califor-

nia State Lands Commission (hereinafter in this section referred
to as the "Commission"), the Secretary shall enter into negotiations
for an agreement to exchange Federal lands or interests therein
on the list referred to in subsection (b)(2) for California State
School lands or interests therein which are located within the
boundaries of one or more of the wilderness areas or park system
units designated by this Act (hereinafter in this section referred
to as "State School lands."). The Secretary shall negotiate in good
faith to reach a land exchange agreement consistent with the
requirements of section 206 of the Federal Land Policy and Management Act of 1976.
(b) PREPARATION OF LIST.—^Within six months after the date
of enactment of this Act, the Secretary shall send to the Commission
and to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Natural Resources
of the United States House of Representatives a list of the following:
(1) State School lands or interests therein (including mineral interests) which are located within the boundaries of the
wilderness areas or park system units designated by this Act.
(2) Lands within the State of California under the jurisdiction of the Secretary that the Secretary determines to be suitable for disposal for exchange, identified in the following
priority—
(A) lands with mineral interests, including geothermal,
which have the potential for commercial development but
which are not currently under mineral lease or producing
Federal mineral revenues;
(B) Federal claims in California managed by the
Bureau of Reclamation that the Secretary determines are
not needed for any Bureau of Reclamation project; and
(C) any public lands in California that the Secretary,
pursuant to the Federal Land Policy and Management
Act of 1976, has determined to be suitable for disposal
through exchange.
(3) Any other Federal land, or interest therein, within
the State of California, which is or becomes surplus to the
needs of the Federal Government. The Secretary may exclude,
in the Secretary's discretion, lands located within, or contiguous
to, the exterior boundaries of lands held in trust for a federally
recognized Indian tribe located in the State of California.
(4) The Secretary shall maintain such list and shall
annually transmit such list to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the State School lands identified in
paragraph (1) have been acquired.
(c) DISPOSAL OF SURPLUS FEDERAL PROPERTY.—(1) Effective

upon the date of enactment of this title and until all State School
lands identified in paragraph (b)(1) of this section are acquired,
no Federal lands or interests therein within the State of California
may be disposed of from Federal ownership unless—
(A) the Secretary is notified of the availability of such
lands or interest therein;
(B) the Secretary has notified the Commission of the availability of such lands or interests therein for exchange; and

79-194

O—95—33 : QL 3 Part 5

16 USC
410aaa-77

108 STAT. 4500

PUBLIC LAW 103-433—OCT. 31, 1994

(C) the Commission has not notified the Secretary within
six months that it wishes to consider entering into an exchange
for such lands or interests therein.
(2) If the Commission notifies the Secretary that it wishes
to consider an exchange for such lands or interests therein, the
Secretary shall attempt to conclude such exchange in accordance
with the provisions of this section as quickly as possible.
(3) If an agreement is reached and executed with the Commission, then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the Secretary
shall be vested with administrative jurisdiction over such land
or interests therein for the purpose of concluding such exchange.
(4) Upon the acquisition of all State School lands or upon
notice by the Commission to the Secretary that it no longer has
an interest in such lands or interests therein, such lands or interests
shall be released to the agency that originally had jurisdiction
over such lands or interests for disposal in accordance with the
laws otherwise applicable to such lands or interests.
(d) No EFFECT ON MILITARY BASE CLOSURES.—The provisions
of this section shall not apply to the disposal of property under
title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (PubHc Law 100-526; 102 Stat. 2627; 10
U.S.C. 2687 note) or the Defense Base Closure and Realignment
Act of 1990 (Pubhc Law 101-510; 104 Stat. 1808; 10 U.S.C. 2687
note).
16 use

410aaa-78.

16 use

410aaa-79.

Reports.

Reports.

SEC. 708. ACCESS TO PRIVATE PROPERTY.

The Secretary shall provide adequate access to nonfederally
owned land or interests in land within the boundaries of the conservation units and wilderness areas designated by this Act which
will provide the owner of such land or interest the reasonable
use and enjoyment thereof.
SEC. 709. FEDERAL FACILITIES FEE EQUITY.

(a) POLICY STATEMENT.—It is the intent of Congress that
entrance, tourism or recreational use fees for use of Federal lands
and facilities not discriminate against any State or any region
of the country.
(b) F E E STUDY.—The Secretary, in cooperation with other
affected agencies, shall prepare and submit a report by May 1,
1996 to the Committee on Energy and Natural Resources of the
United States Senate, the Committee on Natural Resources of the
United States House of Representatives, and any other relevant
committees, which shall—
(1) identify all Federal lands and facilities that provide
recreational or tourism use; and
(2) analyze by State and region any fees charged for
entrance, recreational or tourism use, if any, on Federal lands
or facilities in a State or region, individually and collectively.
(c) RECOMMENDATIONS.—Following completion of the report in
subsection (b), the Secretary, in cooperation with other affected
agencies, shall prepare and submit a report by May 1, 1997 to
the Committee on Energy and Natural Resources of the United
States Senate, the Committee on Natural Resources of the United
States House of Representatives, and any other relevant committees, which shall contain recommendations which the Secretary
deems appropriate for implementing the congressional intent outlined in subsection (a).

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4501

SEC. 710. LAND APPRAISAL.

Lands and interests in lands acquired pursuant to this Act
shall be appraised without regard to the presence of a species
listed as threatened or endangered pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 711. DEFINITION.

Any reference to the term "this Act" in titles I through IX
shall be deemed to be solely a reference to sections 1 and 2,
and titles I through IX.

TITLE VIII—MILITARY LANDS AND
OVERFLIGHTS
SEC. 801. SHORT TITLE AND FINDINGS.

16 use

410aaa-80.

16 use

410aaa-81.

California
Military Lands
Withdrawal and
Overflights Act
of 1994.
Short title.
Ante, p. 4471.

(a) SHORT TITLE.—This title may be cited as the "California 16 use
410aaa-82 note.
Military Lands Withdrawal and Overflights Act of 1994".
(b) FINDINGS.—The Congress finds that—
(1) military aircraft testing and training activities as well
as demilitarization activities in California are an important
part of the national defense system of the United States, and
are essential in order to secure for the American people of
this and future generations an enduring and viable national
defense system;
(2) the National Park System units and wilderness areas
designated by this Act lie within a region critical to providing
training, research, and development for the Armed Forces of
the United States and its allies;
(3) there is a lack of alternative sites available for these
military training, testing, and research activities;
(4) continued use of the lands and airspace in the California
desert region is essential for military purposes; and
(5) continuation of these military activities, under appropriate terms and conditions, is not incompatible with the protection and proper management of the natural, environmental,
cultural, and other resources and values of the Federal lands
in the California desert area.
SEC. 802. MILITARY OVERFLIGHTS.

16 use
(a) OVERFLIGHTS.—Nothing in this Act, the Wilderness Act, 410aaa-82.
or other land management laws generally applicable to the new
units of the National Park or Wilderness Preservation Systems
(or any additions to existing units) designated by this Act, shall
restrict or preclude low-level overflights of military aircraft over
such units, including military overflights that can be seen or heard
within such units.
(b) SPECIAL AIRSPACE.—Nothing in this Act, the Wilderness
Act, or other land management laws generally applicable to the
new units of the National Park or Wilderness Preservation Systems
(or any additions to existing units) designated by this Act, shall
restrict or preclude the designation of new units of special airspace
or the use or establishment of military flight training routes over
such new park system or wilderness units.
(c) No EFFECT ON OTHER LAWS.—Nothing in this section shall
be construed to modify, expand, or diminish any authority under
other Federal law.

108 STAT. 4502

PUBLIC LAW 103-433—OCT. 31, 1994

SEC. 803. WITHDRAWALS.

(a) CHINA LAKE.—(1) Subject to valid existing rights and except
as otherwise provided in this title, the Federal lands referred to
in paragraph (2), and all other areas within the boundary of such
lands as depicted on the map specified in such paragraph which
may become subject to the operation of the public land laws, are
hereby withdrawn from all forms of appropriation under the public
land laws (including the mining laws and the mineral leasing
laws). Such lands are reserved for use by the Secretary of the
Navy for—
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support;
(D) geothermal leasing and development and related power
production activities; and
(E) subject to the requirements of section 804(f) of this
title, other defense-related purposes consistent with the purposes specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands located within the boundaries of the China Lake Naval Weapons Center, comprising approximately one million one hundred
thousand acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on a map entitled "China Lake Naval
Weapons Center Withdrawal—Proposed", dated January 1985.
(b) CHOCOLATE MOUNTAIN.—(1) Subject to valid existing rights
and except as otherwise provided in this title, the Federal lands
referred to in paragraph (2), and all other areas within the boundary
of such lands as depicted on the map specified in such paragraph
which may become subject to the operation of the public land
laws, are hereby withdrawn from all forms of appropriation under
the public land laws (including the mining laws and the mineral
leasing and the geothermal leasing laws). Such lands are reserved
for use by the Secretary of the Navy for—
(A) testing and training for aerial bombing, missile firing,
tactical maneuvering and air support; and
(B) subject to the provisions of section 804(f) of this title,
other defense-related purposes consistent with the purposes
specified in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal
lands comprising approximately two hundred twenty-six thousand
seven hundred and eleven acres in Imperial County, California,
as generally depicted on a map entitled "Chocolate Mountain Aerial
Gunnery Range Proposed—Withdrawal" dated July 1993.
SEC. 804. MAPS AND LEGAL DESCRIPTIONS.

Federal
^fjf^f;
publication.

(a) PUBLICATION AND FILING REQUIREMENT.—^As soon as practicable afl;er the date of enactment of this title, the Secretary
shall—
(1) publish in the Federal Register a notice containing
the legal description of the lands withdrawn and reserved by
this title; and
(2) file maps and the legal description of the lands withdrawn and reserved by this title with the Committee on Energy

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4503

and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House
of Representatives.
(b) TECHNICAL CORRECTIONS.—Such maps and legal descriptions shall have the same force and effect as if they were included
in this title except that the Secretary may correct clerical and
t3T)ographical errors in such maps and legal descriptions.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps
and legal descriptions shall be available for public inspection in
the appropriate offices of the Bureau of Land Management; the
office of the commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer. Marine Corps Air
Station, Yuma, Arizona; and the Office of the Secretary of Defense,
Washington, District of Columbia.
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse
the Secretary for the cost of implementing this section.
SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—(1)

Except as provided in subsection (g), during the period of the
withdrawal the Secretary shall manage the lands withdrawn under
section 802 of this title pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, including this title.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 802 of this title may
be managed in a manner permitting—
(A) the continuation of grazing pursuant to applicable law
and Executive orders were permitted on the date of enactment
of this title;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section
802(a) of this title (relating to China Lake));
(E) the prevention and appropriate suppression of brush
and range fires resulting from nonmilitary activities; and
(F) geothermal leasing and development and related power
production activities on the lands withdrawn under section
802(a) of this title (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions
and restrictions as may be necessary to permit the military use
of such lands for the purposes specified in or authorized pursuant
to this title.
(B) The Secretary may issue any lease, easement, right-ofway, or other authorization with respect to the nonmilitary use
of such lands only with the concurrence of the Secretary of the
Navy.
(b) CLOSURE TO PUBLIC.—(1) If the Secretary of the Navy determines that military operations, public safety, or national security
require the closure to public use of aiiy road, trail, or other portion
of the lands withdrawn by this title, the Secretary may take such
action as the Secretary determines necessary or desirable to effect
and maintain such closure.
(2) Any such closure shall be limited to the minimum areas
and periods which the Secretary of the Navy determines are
required to carry out this subsection.

108 STAT. 4504

Notification.

PUBLIC LAW 103-433—OCT. 31, 1994

(3) Before and during any closure under this subsection, the
Secretary of the Navy shall—
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) MANAGEMENT PLAN.—The Secretary (after consultation with
the Secretary of the Navy) shall develop a plan for the management
of each area withdrawn under section 802 of this title during
the period of such withdrawal. Each plan shall—
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of
such area; and
(4) be developed not later than three years after the date
of enactment of this title.
(d) BRUSH AND RANGE FIRES.—The Secretary of the Navy shall
take necessary precautions to prevent and suppress brush and
range fires occurring within and outside the lands withdrawn under
section 802 of this title as a result of military activities and may
seek assistance from the Bureau of Land Management in the
suppression of such fires. The memorandum of understanding
required by subsection (e) shall provide for Bureau of Land Management assistance in the suppression of such fires, and for a transfer
of funds from the Department of the Navy to the Bureau of Land
Management as compensation for such assistance.
(e) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary and

the Secretary of the Navy shall (with respect to each land withdrawal under section 802 of this title) enter into a memorandum
of understanding to implement the management plan developed
under subsection (c). Any such memorandum of understanding shall
provide that the Director of the Bureau of Land Management shall
provide assistance in the suppression of fires resulting from the
military use of lands withdrawn under section 802 if requested
by the Secretary of the Navy.
(2) The duration of any such memorandum shall be the same
as the period of the withdrawal of the lands under section 802.
(f) ADDITIONAL MILITARY USES.—Lands withdrawn under section 802 of this title may be used for defense-related uses other
than those specified in such section. The Secretary of Defense
shall promptly notify the Secretary in the event that the lands
withdrawn by this title will be used for defense-related purposes
other than those specified in section 802. Such notification shall
indicate the additional use or uses involved, the proposed duration
of such uses, and the extent to which such additional military
uses of the withdrawn lands will require that additional or more
stringent conditions or restrictions be imposed on otherwise-permitted nonmilitary uses of the withdrawn land or portions thereof.
(g) MANAGEMENT OF CHINA LAKE.—(1) The Secretary

may

assign the management responsibility for the lands withdrawn
under section 802(a) of this title to the Secretary of the Navy
who shall manage such lands, and issue leases, easements, rightsof-way, and other authorizations, in accordance with this title and
cooperative management arrangements between the Secretary and
the Secretary of the Navy: Provided, That nothing in this subsection
shall affect geothermal leases issued by the Secretary prior to

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4505

the date of enactment of this title, or the responsibiUty of the
Secretary to administer and manage such leases, consistent with
the provisions of this section. In the case that the Secretary assigns
such management responsibility to the Secretary of the Navy before
the development of the management plan under subsection (c),
the Secretary of the Navy (after consultation with the Secretary)
shall develop such management plan.
(2) The Secretary shall be responsible for the issuance of any
lease, easement, right-of-way, and other authorization with respect
to any activity which involves both the lands withdrawn under
section 802(a) of this title and any other lands. Any such authorization shall be issued only with the consent of the Secretary of
the Navy and, to the extent that such activity involves lands withdrawn under section 802(a), shall be subject to such conditions
as the Secretary of the Navy may prescribe.
(3) The Secretary of the Navy shall prepare and submit to Reports,
the Secretary an annual report on the status of the natural and
cultural resources and values of the lands withdrawn under section
802(a). The Secretary shall transmit such report to the Committee
on Energy and Natural Resources of the United States Senate
and the Committee on Natural Resources of the United States
House of Representatives.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands withdrawn under section 802(a) of this title and may utilize helicopters
and motorized vehicles for such purposes. Such management shall
be in accordance with laws applicable to such management on
public lands and with an appropriate memorandum of understanding between the Secretary and the Secretary of the Navy.
(5) Neither this title nor any other provision of law shall be
construed to prohibit the Secretary from issuing and administering
any lease for the development and utilization of geothermal steam
and associated geothermal resources on the lands withdrawn under
section 802(a) of this title pursuant to the Geothermal Steam Act
of 1970 (30 U.S.C. 1001 et seq.) and other apphcable law, but
no such lease shall be issued without the concurrence of the Secretary of the Navy.
(6) This title shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section
2689 of title 10, United States Code, except that the Secretary
of the Navy shall obtain the concurrence of the Secretary before
taking action under that section with respect to the lands withdrawn under section 802(a).
(7) Upon the expiration of the withdrawal or relinquishment
of China Lake, Navy contracts for the development of geothermal
resources at China Lake then in effect (as amended or renewed
by the Navy after the date of enactment of this title) shall remain
in effect: Provided, That the Secretary, with the consent of the
Secretary of the Navy, may offer to substitute a standard geothermal lease for any such contract.
SEC. 806. DURATION OF WITHDRAWALS.

(a) DURATION.—The withdrawals and reservations established
by this title shall terminate twenty years after the date of enactment of this title.
(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—No later than Publication,
eighteen years after the date of enactment of this title, the Secretary

108 STAT. 4506

PUBLIC LAW 103-433—OCT. 31, 1994

of the Navy shall publish a draft environmental impact statement
concerning continued or renewed withdrawal of any portion of the
lands withdrawn by this title for which that Secretary intends
to seek such continued or renewed withdrawal. Such draft environmental impact statement shall be consistent with the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) applicable to such a draft environmental impact statement.
Prior to the termination date specified in subsection (a), the Secretary of the Navy shall hold a public hearing on any draft environmental impact statement published pursuant to this section. Such
hearing shall be held in the State of California in order to receive
public comments on the alternatives and other matters included
in such draft environmental impact statement.
(c) EXTENSIONS OR RENEWALS.—The withdrawals estabUshed
by this title may not be extended or renewed except by an Act
or joint resolution of Congress.
SEC. 807. ONGOING DECONTAMINATION.

(a) PROGRAM.—Throughout the duration of the withdrawals
made by this title, the Secretary of the Navy, to the extent funds
are made available, shall maintain a program of decontamination
of lands withdrawn by this title at least at the level of decontamination activities performed on such lands in fiscal year 1986.
(b) REPORTS.—^At the same time as the President transmits
to the Congress the President's proposed budget for the first fiscal
year beginning after the date of enactment of this title and for
each subsequent fiscal year, the Secretary of the Navy shall transmit to the Committees on Appropriations, Armed Services, and
Energy and Natural Resources of the United States Senate and
to the Committees on Appropriations, Armed Services, and Natural
Resources of the United States House of Representatives a description of the decontamination efforts undertaken during the previous
fiscal year on such lands and the decontamination activities proposed for such lands during the next fiscal year including—
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full contamination of such
lands and the estimate of the time to complete such decontamination.
SEC. 808. REQUIREMENTS FOR RENEWAL.
(a) NOTICE AND FILING.—(1) No later than three years prior

to the termination of the withdrawal and reservation established
by this title, the Secretary of the Navy shall advise the Secretary
as to whether or not the Secretary of the Navy will have a continuing military need for any of the lands withdrawn under section
802 after the termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will
be a continuing military need for any of such lands after the
termination date, the Secretary of the Navy shall file an application
for extension of the withdrawal and reservation of such needed
lands in accordance with the regulations and procedures of the

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4507

Department of the Interior applicable to the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the Navy decides to relinquish all or any of the lands
withdrawn and reserved by this title, the Secretary of the Navy
shall file a notice of intention to relinquish with the Secretary.
(b) CONTAMINATION.—(1) Before transmitting a notice of
intention to relinquish pursuant to subsection (a), the Secretary
of Defense, acting through the Department of the Navy, shall prepare a written determination concerning whether and to what
extent the lands that are to be relinquished are contaminated
with explosive, toxic, or other hazardous materials.
(2) A copy of such determination shall be transmitted with
the notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and Federal
the determination concerning the contaminated state of the lands Register,
shall be pubhshed in the Federal Register by the Secretary of Publication,
the Interior.
(c) DECONTAMINATION.—If any land which is the subject of
a notice of intention to relinquish pursuant to subsection (a) is
contaminated, and the Secretary, in consultation with the Secretary
of the Navy, determines that decontamination is practicable and
economically feasible (taking into consideration the potential future
use and value of the land) and that upon decontamination, the
land could be opened to operation of some or all of the public
land laws, including the mining laws, the Secretary of the Navy
shall decontaminate the land to the extent that funds are appropriated for such purpose.
(d) ALTERNATIVES.—If the Secretary, after consultation with
the Secretary of the Navy, concludes that decontamination of any
land which is the subject of a notice of intention to rehnquish
pursuant to subsection (a) is not practicable or economically feasible,
or that the land cannot be decontaminated sufficiently to be opened
to operation of some or all of the public land laws, or if Congress
does not appropriate a sufficient amount of funds for the decontamination of such land, the Secretary shall not be required to
accept the land proposed for relinquishment.
(e) STATUS OF CONTAMINATED LANDS.—If, because of their
contaminated state, the Secretary declines to accept jurisdiction
over lands withdrawn by this title which have been proposed for
relinquishment, or if at the expiration of the withdrawal made
by this title the Secretary determines that some of the lands withdrawn by this title are contaminated to an extent which prevents
opening such contaminated lands to operation of the public land
laws—
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands
and any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands except
in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
and to the Congress concerning the status of such lands and
all actions taken in furtherance of this subsection.
(f) REVOCATION AUTHORITY.—Notwithstanding any other provision of law, the Secretary, upon deciding that it is in the public
interest to accept jurisdiction over lands proposed for relinquish-

108 STAT. 4508

Federal
Register,
publication.

PUBLIC LAW 103-433—OCT. 31, 1994

ment pursuant to subsection (a), is authorized to revoke the withdrawal and reservation estabHshed by this title as it applies to
such lands. Should the decision be made to revoke the withdrawal
and reservation, the Secretary shall publish in the Federal Register
an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction over
the lands by the Secretary; and
(3) state the date upon which the lands will be opened
to the operation of some or all of the public lands law, including
the mining laws.
SEC. 809. DELEGABILITY.
(a) DEPARTMENT OF DEFENSE.—The functions of the Secretary

of Defense or the Secretary of the Navy under this title may
be delegated.
(b) DEPARTMENT OF THE INTERIOR.—The functions of the Secretary under this title may be delegated, except that an order
described in section 807(f) may be approved and signed only by
the Secretary, the Under Secretary of the Interior, or an Assistant
Secretary of the Department of the Interior.
SEC. 810. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on the lands withdrawn
by this title shall be conducted in accordance with the provisions
of section 2671 of title 10, United States Code.
SEC. 811. IMMUNITY OF UNITED STATES.

The United States and all departments or agencies thereof
shall be held harmless and shall not be liable for any injury or
damage to persons or property suffered in the course of any geothermal leasing or other authorized nonmilitary activity conducted
on lands described in section 802 of this title.
SEC. 812. EL CENTRO RANGES.

The Secretary is authorized to permit the Secretary of the
Navy to use until January 1, 1997, the approximately forty-four
thousand eight hundred and seventy acres of public lands in Imperial County, California, known as the East Mesa and West Mesa
ranges, in accordance with the Memorandum of Understanding
dated June 29, 1987, between the Bureau of Land Management,
the Bureau of Reclamation, and the Department of the Navy. All
military uses of such lands shall cease on January 1, 1997, unless
authorized by a subsequent Act of Congress.
Short title.
Ante, p. 4471.

TITLE IX—AUTHORIZATION OF
APPROPRIATIONS

16 use

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

410aaa-83.

There is authorized to be appropriated to the National Park
Service and to the Bureau of Land Management to carry out this
Act an amount not to exceed $36,000,000 over and above that
provided in fiscal year 1994 for additional administrative and
construction costs over the fiscal year 1995-1999 period, and
$300,000,000 for all land acquisition costs. No funds in excess
of these amounts may be used for construction, administration,
or land acquisition authorized under this Act without a specific

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4509

authorization in an Act of Congress enacted after the date of enactment of this Act.

TITLE X—PROTECTION OF BODIE BOWL
SEC. 1001. SHORT TITLE.

This title may be cited as the "Bodie Protection Act of 1994".
SEC. 1002. FINDINGS.

The Congress finds that—
(1) the historic Bodie gold mining district in the State
of California is the site of the largest and best preserved authentic ghost town in the western United States;
(2) the Bodie Bowl area contains important natural, historical, and aesthetic resources;
(3) Bodie was designated as a National Historical Landmark in 1961 and a California State Historic Park in 1962,
is listed on the National Register of Historic Places, and is
included in the Federal Historic American Buildings Survey;
(4) nearly 200,000 persons visit Bodie each year, providing
the local economy with important annual tourism revenues;
(5) the town of Bodie is threatened by proposals to explore
and extract minerals: mining in the Bodie Bowl area may
have adverse physical and aesthetic impacts on Bodie's historical integrity, cultural values, and ghost town character as well
as on its recreational values and the area's flora and fauna;
(6) the California State Legislature, on September 4, 1990,
requested the President and the Congress to direct the Secretary of the Interior to protect the ghost town character,
ambience, historic buildings, and scenic attributes of the town
of Bodie and nearby areas;
(7) the California State Legislature also requested the Secretary, if necessary to protect the Bodie Bowl area, to withdraw
the Federal lands within the area from all forms of mineral
entry and patent;
(8) the National Park Service listed Bodie as a priority
one endangered National Historic Landmark in its fiscal year
1990 and 1991 report to Congress entitled "Threatened and
Damaged National Historic Landmarks" and recommended
protection of the Bodie area; and
(9) it is necessary and appropriate to provide that all Federal lands within the Bodie Bowl area are not subject to location, entry, and patent under the mining laws of the United
States, subject to valid existing rights, and to direct the Secretary to consult with the Governor of the State of California
before approving any mining activity plan within the Bodie
Bowl.
SEC. 1003. DEFINITIONS.

For the purposes of this title:
(1) The term "Bodie Bowl" means the Federal lands and
interests therein within the area generally depicted on the
map referred to in section 1004(a).
(2) The term "mineral activities" means any activity involving mineral prospecting, exploration, extraction, milling,
beneficiation, processing, and reclamation.

Bodie Protection
Act of 1994.

108 STAT. 4510

PUBLIC LAW 103-433—OCT. 31, 1994
(3) The term "Secretary" means the Secretary of the
Interior.

SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND DISPOSAL LAWS.

(a) RESTRICTION.—Subject to valid existing rights, after the
date of enactment of this title Federal lands and interests in lands
within the area generally depicted on the map entitled "Bodie
Bowl" and dated June 12, 1992, shall not be—
(1) open to the location of mining and mill site claims
under the general mining laws of the United States;
(2) subject to any lease under the Mineral Leasing Act
(30 U.S.C. 181 and following) or the Geothermal Steam Act
of 1970 (30 U.S.C. 100 and following), for lands within the
Bodie Bowl; and
(3) available for disposal of mineral materials under the
Act of July 31, 1947, commonly known as the Materials Act
of 1947 (30 U.S.C. 601 and following).
Such map shall be on file and available for public inspection in
the Office of the Secretary, and appropriate offices of the Bureau
of Land Management ana the National Park Service. As soon as
practicable after the date of enactment of this title, the Secretary
shall publish a legal description of the Bodie Bowl area in the
Federal Register.
(b) VALID EXISTING RIGHTS.—^As used in this section, the term
"valid existing rights" in reference to the general mining laws
means that a mining claim located on lands within the Bodie
Bowl was properly located and maintained under the general mining
laws prior to the date of enactment of this title, was supported
by a discovery of a valuable miiieral deposit within the meaning
of the general mining laws on the date of enactment of this title,
and that such claim continues to be valid.
(c) VALIDITY REVIEW.—The Secretary shall undertake an expedited program to determine the validity of all unpatented mining
claims located within the Bodie Bowl. The expedited program shall
include an examination of all unpatented mining claims, including
those for which a patent application has not been filed. If a claim
is determined to be invalid, the Secretary shall promptly declare
the claim to be null and void, except that the Secretary shall
not challenge the validity of any claim located within the Bodie
Bowl for the failure to do assessment work for any period after
the date of enactment of this title. The Secretary shall make a
determination with respect to the validity of each claim referred
to under this subsection within two years after the date of enactment of this title.
(d) LIMITATION ON PATENT ISSUANCE.—
(1) MINING CLAIMS.—(A) After January 11, 1993, no patent

shall be issued by the United States for any mining claim
located under the general mining laws within the Bodie Bowl
unless the Secretary determines that, for the claim concerned—
(i) a patent application was filed with the Secretary
on or before such date; and
(ii) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
for vein or lode claims and sections 2329, 2330, 2331,
and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 37)
for placer claims were fully complied with by that date.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4511

(B) If the Secretary makes the determinations referred
to in subparagraph (A) for any mining claim, the holder of
the claim shall be entitled to the issuance of a patent in
the same manner and degree to which such claim holder would
have been entitled to prior to the enactment of this title, unless
and until such determinations are withdrawn or invalidated
by the Secretary or by a court of the United States.
(2) MILL SITE CLAIMS.—(A) After January 11, 1993, no

patent shall be issued by the United States for any mill site
claim located under the general mining laws within the Bodie
Bowl unless the Secretary determines that, for the claim
concerned—
(i) a patent application was filed with the Secretary
on or before January 11,1993; and
(ii) all requirements applicable to such patent application were fully complied with by that date.
(B) If the Secretary makes the determinations referred
to in subparagraph (A) for any mill site claim, the holder
of the claim shall be entitled to the issuance of a patent in
the same manner and degree to which such claim holder would
have been entitled to prior to the enactment of this title, unless
and until such determinations are withdrawn or invalidated
by the Secretary or by a court of the United States.
SEC. 1005. MINERAL ACTiyiTIES.

(a) I N GENERAL.—Notwithstanding the last sentence of section
302(b) of the Federal Land Policy and Management Act of 1976,
and in accordance with this title and other applicable law, the
Secretary shall 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 Bodie Bowl; and
(2) minimize other adverse impacts to the environment.
(b) RESTORATION OF EFFECTS OF MINING EXPLORATION.—AS

soon as possible after the date of enactment of this Act, visible
evidence or other effects of mining exploration activity within the
Bodie Bowl conducted on or after September 1, 1988, shall be
reclaimed by the operator in accordance with regulations prescribed
pursuant to subsection (d).
(c) ANNUAL EXPENDITURES; FILING.—The requirements for
annual expenditures on unpatented mining claims imposed by
Revised Statute 2324 (30 U.S.C. 28) shall not apply to any such
claim located within the Bodie Bowl. In lieu of filing the affidavit
of assessment work referred to under section 314(a)(1) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)(1)),
the holder of any unpatented mining or mill site claim located
within the Bodie Bowl shall only be required to file the notice
of intention to hold the mining claim referred to in such section
314(a)(1).
(d) REGULATIONS.—^The Secretary shall promulgate rules to
implement this section, in consultation with the Governor of the
State of California, within 180 days after the date of enactment
of this title. Such rules shall be no less stringent that the rules
promulgated pursuant to the Act of September 28, 1976 entitled
"An Act to provide for the regulation of mining activity within,
and to repeal the application of mining laws to, areas of the National

108 STAT. 4512

PUBLIC LAW 103-433—OCT. 31, 1994

Park System, and for other purposes" (Public Law 94r-429; 16
U.S.C. 1901-1912).
SEC. 1006. STUDY.

Beginning as soon as possible after the date of enactment
of this title, the Secretary shall review possible actions to preserve
the scenic character, historical integrity, cultural and recreational
values, flora and fauna, and ghost town characteristics of lands
and structures within the Bodie Bowl, No later than 3 years after
the date of such enactment, the Secretary shall submit to the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives a report that discusses the results
of such review and makes recommendations as to which steps
(including but not limited to acquisition of lands or valid mining
claims) should be undertaken in order to achieve these objectives.
SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may
be necessary to carry out this title.

16 use ia-5

TITLE XI—LOWER M I S S I S S I P P I DELTA
REGION INITIATIVES
SEC. 1101. FINDINGS.

(a) The Congress finds that—
(1) in 1988, Congress enacted Pubhc Law 100-460,
establishing the Lower Mississippi Delta Development Commission, to assess the needs, problems, and opportunities of people
living in the Lower Mississippi Delta Region that includes
219 counties and parishes within the States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee;
(2) the Commission conducted a thorough investigation to
assess these needs, problems, and opportunities, and held several public hearings throughout the Delta Region;
(3) on the basis of these investigations, the Commission
issued the Delta Initiatives Report, which included recommendations on natural resource protection, historic preservation, and the enhancement of educational and other opportunities for Delta residents;
(4) the Delta Initiatives Report recommended—
(A) designating the Great River Road as a scenic
byway, and designating other hiking and motorized trails
throughout the Delta Region;
(B) that the Federal Government identify sites and
structures of historic and prehistoric importance throughout the Delta Region;
(C) the further study of potential new units of the
National Park System within the Delta Region; and
(D) that Federal agencies target more monies in
selected areas to institutions of higher education in the
Delta Region, especially Historically Black Colleges and
Universities.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4513

SEC. 1102. DEFINITIONS.

As used in this title, the term—
(1) "Commission" means the Lower Mississippi Delta Development Commission established pursuant to Public I^aw 100460;
(2) "Delta Initiatives Report" means the May 14, 1990
Final Report of the Commission entitled "The Delta Initiatives:
Realizing the Dream . . . Fulfilling the Potential";
(3) "Delta Region" means the Lower Mississippi Delta
Region including the 219 counties and parishes within the
States of Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri, and Tennessee, as defined in the Delta Initiatives
Report, except that, for any State for which the Delta Region
as defined in such report comprises more than half of the
geographic area of such State, the entire State shall be considered part of the Delta Region for purposes of this title;
(4) "Department" means the United States Department
of the Interior, unless otherwise specifically stated;
(5) "Historically Black College or University" means a college or university that would be considered a "part B institution" by section 322(2) of the Higher Education Act of 1965
(20 U.S.C. 1061(2));
(6) "minority college or university" means a Historically
Black College or University that would be considered a "part
B institution" by section 322(2) of the Higher Education Act
of 1965 (20 U.S.C. 1061(2)) or a "minority institution" as that
term is defined in section 1046 of the Higher Education Act
of 1965 (20 U.S.C. 1135d-5(3));
(7) "Secretary" means the Secretary of the Interior, unless
otherwise specifically stated.
SEC. 1103. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.

(a) IN GENERAL.—The Secretary, in consultation with the States
of the Delta Region, the Lower Mississippi Delta Development
Center, and other appropriate Delta Region institutions, is directed
to prepare and transmit to the Congress within three years after
the date of the enactment of this title, a study of significant natural,
recreational, historical or prehistorical, and cultural lands, waters,
sites, and structures located within the Delta Region. This study
shall take into consideration the research and inventory of resources
conducted by the Mississippi River Heritage Corridor Study
Commission.
(b) TRANSPORTATION ROUTES.—(1) The study shall include recommendations on appropriate designation and interpretation of
historically significant roads, trails, byways, waterways, or other
routes within the Delta Region.
(2) In order to provide for public appreciation, education, understanding, interpretation, and enjoyment of the significant sites
identified pursuant to subsection (a), which are accessible by public
roads, the Secretary shall recommend in the study vehicular tour
routes along existing public roads linking such sites within the
Delta Region.
(3) Such recommendations shall include an analysis of designating the Great River Road (as depicted on the map entitled "Proposed
Delta Transportation Network on pages 102-103 of the Delta Initiatives Report) and other sections of the Great River Road between
Baton Rouge and New Orleans, Louisiana and an analysis of des-

108 STAT. 4514

PUBLIC LAW 103-433—OCT. 31, 1994

ignating that portion of the Old Antonio Road and the Louisiana
Natchez Trace which extends generally along Highway 84 from
Vidalia, Louisiana, to Clarence, Louisiana, and Louisiana Highway
6 from Clarence, Louisiana, to the Toledo Bend Reservoir, Louisiana, as a National Scenic Byway, or as a component of the National
Trails System, or such other designation as the Secretary deems
appropriate.
(4) The Secretary shall also recommend in the study an appropriate route along existing public roads to commemorate the importance of timber production and trade to the economic development
of the Delta Region in the early twentieth century, and to highlight
the continuing importance of timber production and trade to the
economic life of the Delta Region. Recommendations shall include
an analysis of designating that portion of US 165 which extends
from Alexandria, Louisiana, to Monroe, Louisiana, as a National
Scenic B3rway, or as a component of the National Trails System,
or such other designation as the Secretary deems appropriate.
(5) The study shall also include a comprehensive recreation,
interpretive, and visitor use plan for the routes described in the
above paragraphs, including bicycle and hiking paths, and make
specific recommendations for the acquisition and construction or
related interpretive and visitor information facilities at selected
sites along such routes.
(6) The Secretary is authorized to make grants to States for
work necessary to stabilize, maintain, and widen public roads to
allow for adequate access to the nationally significant sites and
structures identified by the study, to allow for proper use of the
vehicular tour route, trails, b3rways, including the routes defined
in paragraphs (3) and (4) or other public roads within the Delta
Region and to implement the comprehensive recreation, interpretive, and visitor use plan required in paragraph (5).
(c) LISTING.—On the basis of the study, and in consultation
with the National Trust for Historic Preservation, the Secretary
shall inventory significant structures and sites in the Delta Region.
The Secretary shall further recommend and encourage cooperative
preservation and economic development efforts such as the
establishment of preservation districts linking groups of contiguous
counties or parishes, especially those that lie along the aforementioned designated routes. The Secretary shall prepare a list of
the sites and structures for possible inclusion by the National
Park Service as National Historic Landmarks or such other designation as the Secretary deems appropriate.
SEC. 1104. DELTA REGION HERITAGE CORRIDORS AND HERITAGE AND
CULTURAL CENTERS.

(a) FINDINGS.—The Congress finds that—
(1) in 1990, the Congress authorized the Institute of
Museum Services to prepare a report assessing the needs of
small, emerging, minority, and rural museums in order to identify the resources such museums needed to meet their educational mission, to identify the areas of museum operation
in which the needs were greatest, and to make recommendations on how these needs could best be met;
(2) the Institute of Museum Services undertook a comprehensive eighteen month study of such needs with the assistance of two advisory groups, surveyed 524 museums from
throughout the Nation, held discussion groups in which rep-

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4515

resentatives of 25 museum groups participated, and conducted
case studies of 12 museum facilities around the Nation;
(3) on the basis of this assessment, the Institute of Museum
Services issued a report in September, 1992, entitled, "National
Needs Assessment of Small, Emerging, Minority and Rural
Museums in the United States" (hereinafter "National Needs
Assessment") which found that small, emerging, minority, and
rural museums provide valuable educational and cultural
resources for their communities and contain a reservoir of
the Nation's material, cultural and historical heritage, but due
to inadequate resources are unable to meet their full potential
or the demands of the surrounding communities;
(4) the needs of these institutions are not being met through
existing Federal programs;
(5) fewer than half of the participants in the survey had
applied for Federal assistance in the past two years and that
many small, emerging, minority and rural museums believe
existing Federal programs do not meet their needs;
(6) based on the National Needs Assessment, that funding
agencies should increase support available to small, emerging,
minority, and rural museums and make specific recommendations for increasing technical assistance in order to identify
such institutions and provide assistance to facilitate their
participation in Federal programs;
(7) the Delta Initiatives Report made specific recommendations for the creation and development of centers for the
preservation of the cultural, historical, and literary heritage
of the Delta Region, including recommendations for the
establishment of a Delta Region Native American Heritage
and Cultural Center and a Delta Region African American
Heritage and Cultural Center with additional satellite centers
or museums linked throughout the Delta Region;
(8) the Delta Initiatives Report stated that new ways of
coordinating, preserving, and promoting the Delta Region's literature, art, and music should be established including the
creation of a network to promote the Delta Region's literary,
artistic, and musical heritage; and
(9) wholesale destruction and attrition of archeological sites
and structures has eliminated a significant portion of Native
American heritage as well as the interpretive potential of the
Delta Region's parks and museums. Furthermore, site and
structure destruction is so severe that an ambitious program
of site and structure acquisition in the Delta Region is necessary.
(b) IN GENERAL.—The Secretary, in consultation with the States
of the Delta Region, the Chairman of the National Endowment
for the Arts, the Chairman of the National Endowment for the
Humanities, the Director of the Smithsonian Institution, the Lower
Mississippi Delta Development Center, Historically Black Colleges
and Universities, and appropriate African American, Native American and other relevant institutions or organizations in the Delta
Region, is further directed to prepare and transmit to the Congress
a plan outlining specific recommendations, including recommendations for necessary funding, 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

108 STAT. 4516

PUBLIC LAW 103-433—OCT. 31, 1994

Heritage and Cultural Center with a network of satellite or cooperative units.
(c) DELTA REGION NATIVE AMERICAN HERITAGE CORRIDOR AND
CULTURAL CENTER.—(1) The plan referred to in subsection (b) of

this section shall include recommendations for establishing a network of parks, museums, and other centers to interpret Native
American culture and heritage in the Delta Region, including a
ten year development strategy for such a network.
(2) Such plan shall include specific proposals for the development of a Native American Heritage Corridor and Heritage and
Cultural Center in the Delta Region, along with recommendations
for the appropriate Federal role in such a center including matching
grants, technical and interpretive assistance.
(3) Such plan shall be conducted in consultation with tribal
leaders in the Delta Region.
(4) Such plan shall also include specific proposals for educational and training assistance for Delta Region Native Americans
to carry out the recommendations provided in the study.
(d) DELTA REGION AFRICAN AMERICAN HERITAGE CORRIDOR AND
HERITAGE AND CULTURAL CENTER.—(1) The plan referred to in

subsection (b) of this section shall include recommendations for
establishing a heritage corridor or trail system, consisting of one
or two major north-south routes and several east-west-spur loops
to preserve, interpret and commemorate the African American heritage and culture in the Delta Region during all significant historical
periods.
(2) Such plan shall make specific recommendations for representing all forms of expressive culture including the musical,
folklore, literary, artistic, scientific, historical, educational, and
political contributions and accomplishments of African Americans
in the Delta Region.
(3) Such plan shall make specific recommendations for
implementing the findings of the Delta Initiatives Report with
respect to establishing an African American Heritage Corridor and
Heritage and Cultural Center and related satellite museums in
the Delta Region, together with specific funding levels necessary
to carry out these recommendations and shall also include recommendations for improving access of small, emerging, minority
or rural museums to technical and financial assistance.
(4) Such plan shall be conducted in consultation with institutions of higher education in the Delta Region with expertise in
African American studies. Southern studies, archeology, anthropology, history and other relevant fields.
(5) Such plan shall make specific recommendations for improving educational programs offered by existing cultural facilities and
museums as well as establishing new outreach programs for
elementary, middle and secondary schools, including summer programs for youth in the Delta Region.
(e) GRANTS.—(1) In furtherance of the purposes of this section,
the Secretary is authorized to make planning grants to State
Humanities Councils in the Delta Region to assist small, emerging,
minority and rural museums selected on a financial needs basis
in the development of a comprehensive long term plan for these
institutions. The Secretary is also authorized to make implementation grants to State Humanities Councils in the Delta Region who,
in consultations with State Museum Associations, shall make grants
to small, emerging, minority or rural museums for the purpose

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4517

of carrying out an approved plan for training personnel, improving
exhibits or other steps necessary to assure the integrity of collections in their facilities, for educational outreach programs, or for
other activities the Secretary deems appropriate including the promotion of tourism in the region. Such institutions shall be selected
competitively and on the basis of demonstrated financial need.
The Secretary is also authorized to make grants to State Humanities Councils to update, simplify and coordinate the respective
State Works Progress Administration guides and to develop a single
comprehensive guide for the Delta Region.
(2) The Secretary is authorized to provide grants and other
appropriate technical assistance to State Humanities Councils,
State museum Associations, and State Arts Councils in the Delta
Region for the purpose of assessing the needs of such institutions.
Such grants may be used by these institutions to undertake such
an assessment and to provide other technical, administrative and
planning assistance to small, emerging, minority or rural institutions seeking to preserve the Delta Region's literary, artistic, and
musical heritage.
(f) MUSIC HERITAGE PROGRAM.—(1) The plan referred to in
subsection (b) of this section shall include recommendations for
establishing a Music Heritage Program, with specific emphasis
on the Mississippi Delta Blues. The plan shall include specific
recommendations for developing a network of heritage sites, structures, small museums, and festivals in the Delta Region.
(2) The plan shall include an economic strategy for the promotion of the Delta Region's music, through the participation of
musicians, festival developers, museum operators, universities, economic development districts, and other relevant individuals and
organizations.
(g) COMPLETION DATE.—^The plan authorized in this section
shall be completed not later than three years Eifter the date funds
are made available for such plan.
SEC. 1105. HISTORIC AND PREHISTORIC STRUCTURES AND SITES SURVEY.

(a) ASSISTANCE.—The Secretary is authorized 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. The Secretary shall also make specific
proposals and recommendations, together with estimates of necessary funding levels, for a comprehensive plan to be carried out
by the Department to assist Historically Black Colleges and Universities in the preservation and interpretation of such sites and structures.
(b) GRANTS.—In furtherance of the purposes of this section,
the Secretary is authorized to provide technical and financial assistance to Historically Black Colleges and Universities for stabilization, preservation and interpretation of such sites and structures.
SEC. 1106. DELTA ANTIQUITIES SURVEY.

(a) IN GENERAL.—(1) The Secretary is directed to prepare and
transmit to the Congress, in cooperation with the States of the
Delta Region, State Archaeological Surveys and Regional

Minorities.

108 STAT. 4518

PUBLIC LAW 103-433—(XT. 31, 1994

Archeological Centers, a study of the feasibility of establishing
a Delta Antiquities Trail or Delta Antiquities Heritage Corridor
in the Delta Region.
(2) Such study shall, to the extent practicable, use nonintrusive
methods of identifjdng, surveying, inventorying, and stabilizing
ancient archeological sites and structures.
(3) In undertaking this study, the Secretary is directed to
enter into cooperative agreements with the States of the Delta
Region, the State Archeological Surveys, and Regional Archeological
Centers located in Delta Region institutions of higher education
for on-site activities including surveys, inventories, and stabilization
and other activities which the Secretary deems appropriate.
(4) In addition to the over 100 known ancient archeological
sites located in the Delta Region including Watson's Brake, Frenchman's Bend, Hedgepeth, Monte Sano, Banana Bayou, Hornsby,
Parkin, Toltec, Menard-Hodges, Eaker, Blytheville Mound, Nodena,
Taylor Mounds, DeSoto Mound and others, such study shall also
employ every practical means possible, including assistance from
the National Aeronautics and Space Administration, the Forest
Service and Soil Conservation Service of the Department of Agriculture, the Army Corps of Engineers of the Department of Defense,
and other appropriate Federal agencies, to locate and confirm the
existence of a site known as Balbansha in southern Louisiana
and a site known as Autiamque in Arkansas. The heads of these
Federal agencies shall cooperate with the Secretary as the Secretary
requires on a non-reimbursable basis.
(b) TECHNICAL ASSISTANCE.—In furtherance of the purposes
of this section, the Secretary is authorized to provide technical
assistance and grants to private landowners for necessary stabilization activities of identified sites and for preparing recommendations
for designating such sites as National Landmarks or other appro)riate designations as the Secretary, with the concurrence of the
andowners, determines to be appropriate.
(c) COOPERATIVE AGREEMENTS.—The Secretary is authorized
to enter into cooperative agreements with the States, State
Archeological Surveys, and Regional Archeological Centers of the
Delta Region to develop a ten-year plan for the stabilization,
preservation and interpretation of those sites and structures as
may be identified by the Secretary.

I

SEC. 1107. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.

(a) PROGRAM.—The Secretary shall conduct a comprehensive
program for the research, interpretation, and preservation of significant historic and archeological resources in the Delta Region.
(b) ELEMENTS OF THE PROGRAM.—^The program shall include,
but not be limited to—
(1) identification of research projects related to historic
and archeological resources in the Delta Region and a proposal
for the regular publication of related research materials and
publications;
(2) the development of a survey program to investigate,
inventory and further evaluate known historic and archeological
sites and structures and identify those sites and structures
that require additional study;
(3) identification of a core system of interpretive sites and
structures that would provide a comprehensive overview of
historic and archeological resources of the Delta Region;

108 STAT. 4519

PUBLIC LAW 103-433—OCT. 31, 1994

(4) preparation of educational materials to interpret the
historical and archeological resources of the Delta Region;
(5) preparation of surveys and archeological and historical
investigations of sites, structures, and artifacts relating to the
Delta Region, including the preparation of reports, maps, and
other related activities.
(c) GRANTS AND TECHNICAL ASSISTANCE.—(1) The

Secretary

is authorized to award grants to qualified tribal, governmental
and non-governmental entities and individuals to assist the Secretary in canying out those elements of the program which the
Secretary deems appropriate.
(2) The Secretary is further authorized to award grants and
provide other types of technical and financial assistance to such
entities and individuals to conserve and protect historic and
archeological sites and structures in the Delta Region identified
in the program prepared pursuant to this section.
(d) DEMONSTRATION PROJECT.—^The Secretary shall 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.
SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may
be necessary to carry out this title.

TITLE XII—NEW ORLEANS JAZZ
NATIONAL HISTORICAL PARK
SEC. 1201. SHORT TITLE.

This title may be cited as the "New Orleans Jazz National
Historical Park Act of 1994".
SEC. 1202. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that:
(1) Jazz is the United States' most widely recognized indigenous music and art form. Congress previously recognized jazz
in 1987 through Senate Concurrent Resolution 57 as a rare
,
and valuable national treasure of international importance.
*
(2) The city of New Orleans is widely recognized as the
birthplace of jazz. In and around this city, cultural and musical
elements blended to form the unique American music that
is known as New Orleans jazz, which is an expression of the
cultural diversity of the lower Mississippi Delta Region.
(3) Jean Lafitte National Historical Park and Preserve
was established to commemorate the cultural diversity of the
lower Mississippi Delta Region including a range of cultural
expressions like jazz.
(b) PURPOSE.—In furtherance of the need to recognize the value
and importance of jazz, it is the purpose of this title to establish
a New Orleans Jazz National Historical Park to pres-srve the origins, early history, development and progression of jazz; provide
visitors with opportunities to experience the sights, sounds, and
places where jazz evolved; and implement innovative ways of
establishing jazz educational partnerships that will help to ensure
that jazz continues as a vital element of the culture of New Orleans
and our Nation.

New Orleans
Jazz National
Historical Park
Act of 1994.
Cultural
preservation.
16 u s e 410bbb
note.
16 u s e 410bbb.

108 STAT. 4520
16 use

410bbb-l.

16 use

410bbb-2.

PUBLIC LAW 103-433—OCT. 31, 1994

SEC. 1203. ESTABLISHMENT.

(a) I N GENERAL.—In order to assist in the preservation, education, and interpretation of jazz as it has evolved in New Orleans,
and to provide technical assistance to a broad range of organizations
involved with jazz music and its history, there is hereby established
the New Orleans Jazz National Historical Park (hereinafter referred
to as the "historical park"). The historical park shall be administered in conjunction with the Jean Lafitte National Historical Park
and Preserve, which was established to preserve and interpret
the cultural and natural resources of the lower Mississippi Delta
Region.
(b) AREA INCLUDED.—The historical park shall consist of lands
and interests therein as follows:
(1) Lands which the Secretary of the Interior (hereinafter
referred to as "the Secretary") may designate for an interpretive
visitor center complex.
(2) Sites that are the subject of cooperative agreements
with the National Park Service for the purposes of interpretive
demonstrations and programs associated with the purposes of
this title.
(3)(A) Sites designated by the Secretary as provided in
subparagraph (B).
(B)(i) No later than 18 months sifter the date of enactment
of this title, the Secretary is directed to complete a national
historic landmark evaluation of sites associated with jazz in
and around New Orleans as identified in the document entitled
"New Orleans Jazz Special Resource Study", prepared by the
National Park Service pursuant to Public Law 101-499. In
undertaking the evaluation, the Secretary shall, to the extent
practicable, utilize existing information relating to such sites.
(ii) If any of the sites evaluated are found to meet the
standards of the National Historic Landmark program and
National Park Service tests of suitability and feasibility, and
offer outstanding opportunities to further the purposes of this
title, the Secretary may designate such sites as part of the
historical park, following consultation with the owners of such
sites, the city of New Orleans, the Smithsonian Institution,
and the New Orleans Jazz Commission, and notification to
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Natural Resources of
the United States House of Representatives.
SEC. 1204. ADMINISTRATION.

(a)(1) IN GENERAL.—The Secretary shall administer the historical park in accordance with this title and with provisions of law
generally applicable to units of the National Park System, including
the Act entitled "An Act to establish a National Park Service,
and for other purposes", approved August 25, 1916 (39 Stat. 535;
16 U.S.C. 1, 2-4); and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461-467). The Secretary shall manage the historical
park in such a manner as will preserve and perpetuate knowledge
and understanding of the history of jazz and its continued evolution
as a true American art form.
(2) To minimize operational costs associated with the management and administration of the historical park and to avoid duplication of effort, the Secretary shall, to the maximum extent prac-

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4521

ticable, utilize the facilities, administrative staff and other services
of the Jean Lafitte National Historical Park and Preserve.
(b) DONATIONS.—The Secretary may accept and retain donations of funds, property, or services from individuals, foundations,
corporations, or other public entities for the purposes of providing
services, programs, and facilities that further the purposes of this
title.
(c) INTERPRETIVE CENTER.—The Secretary is authorized to construct, operate, and maintain an interpretive center in the historical
park on lands identified by the Secretary pursuant to section
1203(b)(1). Programs at the center shall include, but need not
be limited to, live jazz interpretive and educational programs, and
shall provide visitors with information about jazz-related programs,
performances, and opportunities.
(d) JAZZ HERITAGE DISTRICTS.—The Secretary may provide technical assistance to the city of New Orleans and other appropriate
entities for the designation of certain areas in and around New
Orleans as jazz heritage districts. Such districts shall include those
areas with an exceptional concentration of jazz historical sites and
established community traditions of jazz street parades.
(e)

COOOPERATIVE

AGREEMENTS,

GRANTS

AND TECHNICAL

ASSISTANCE.—In furtherance of the purposes of this title—
(1) the Secretary, after consultation with the New Orleans
Jazz Commission established pursuant to section 1207, is
authorized to enter into cooperative agreements with owners
of properties that are designated pursuant to section 1203(b)(3)
which provide outstanding educational and interpretive
opportunities relating to the evolution of jazz in New Orleans.
The Secretary may assist in rehabilitating, restoring, marking,
and interpreting and may provide technical assistance for the
preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions
that the National Park Service will have reasonable rights
of access for operational and visitor use needs, that rehabilitation and restoration will meet the Secretar^s standards for
rehabilitation of historic buildings, and that specify the roles
and responsibilities of the Secretary for each site or structure;
(2) the Secretary is authorized to enter into cooperative
agreements with the city of New Orleans, the State of Louisiana, and other appropriate public and private organizations
under which the other parties to the agreement may contribute
to the acquisition, construction, operation, and maintenance
of the interpretive center and to the operation of educational
and interpretive programs to further the purposes of this title;
and
(3) the Secretary, in consultation with the New Orleans
Jazz Commission, is authorized to provide grants or technical
assistance to public and private organizations.
(f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary shall, in the

administration of the historical park, promote a broad range of
educational activities relating to jazz and its history. The Secretary
shall cooperate with schools, universities, and organizations
supporting jazz education to develop educational programs that
provide expanded public understanding of jazz and enhanced
opportunities for public appreciation. The Secretary may assist
appropriate entities in the development of an information base

108 STAT. 4522

PUBLIC LAW 103-433—OCT. 31, 1994

including archival material, audiovisual records, and objects that
relate to the history of jazz.
16 use

410bbb-3.

SEC. 1205. ACQUISITION OF PROPERTY.

(a) GENERAL AUTHORITY.—The Secretary may acquire lands
and interests therein within the sites designated pursuant to section
1203(b)(1) and (3) by donation or purchase with donated or appropriated funds or long term lease: Provided, That sites designated
pursuant to section 1203(b)(3) shall only be acquired with the
consent of the owner thereof
(b) STATE AND LOCAL PROPERTIES.—Lands and

interests in

lands which are owned by the State of Louisiana, or any political
subdivision thereof, may be acquired only by donation.
16 use

410bbb-4.

SEC. 1206. GENERAL MANAGEMENT PLAN.

Within three years after the date funds are made available
therefor and concurrent with the national landmark study referenced in section 1203(b)(3), the Secretary, in consultation with
the New Orleans Jazz Commission, shall prepare a general management plan for the historical park. The plan shall include, but
need not be limited to—
(1) a visitor use plan indicating programs and facilities
associated with park programs that will be made available
to the public;
(2) preservation and use plans for any structures and sites
that are identified through the historic landmark study for
inclusion within the historical park;
(3) the location and associated cost of public facilities that
are proposed for inclusion within the historical park, including
a visitor center;
(4) identification of programs that the Secretary will implement or be associated with through cooperative agreements
with other groups and organizations;
(5) a transportation plan that addresses visitor use access
needs to sites, facilities, and programs central to the purpose
of the historical park;
(6) plans for the implementation of an archival system
for materials, objects, and items of importance relating to the
history of jazz; and
(7) guidelines for the application of cooperative agreements
that will be used to assist in the management of historical
park facilities and programs.

16 use

SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.

410bbb-5.

(a) ESTABLISHMENT.—To assist in implementing the purposes
of this title and the document entitled "New Orleans Jazz Special
Resource Study", there is established the New Orleans Jazz
Commission (hereinafter referred to as the "Commission").
(b) MEMBERSHIP.—The Commission shall consist of 17 members
to be appointed no later than six months after the date of enactment
of this title. The Commission shall be appointed by the Secretary
as follows:
(1) One member from recommendations submitted by the
Mayor of New Orleans.
(2) Two members who have recognized expertise in music
education programs that emphasize jazz.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4523

(3) One member, with experience in and knowledge of
tourism in the greater New Orieans area, from recommendations submitted by local businesses.
(4) One member from recommendations submitted by the
Board of the New Orieans Jazz and Heritage Foundation,
(5) One member, with experience in and knowledge of
historic preservation within the New Orleans area.
(6) Two members, one from recommendations submitted
by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Chairman of the
National Endowment of the Arts, who are recognized musicians
with knowledge and experience in the development of jazz
in New Orleans.
(7) Two members, one from recommendations submitted
by the Secretary of the Smithsonian Institution and one member from recommendations submitted by the Director of the
Louisiana State Museum with recognized expertise in the
interpretation of jazz history or traditions related to jazz in
New Orleans.
(8) Two members who represent local neighborhood groups
or other local associations; from recommendations submitted
by the Mayor of New Orleans.
(9) One member representing local mutual aid and benevolent societies as well as local social and pleasure clubs, from
recommendations submitted by the Board of the New Orleans
Jazz and Heritage Foundation.
(10) One member from recommendations submitted by the
Governor of the State of Louisiana, who shall be a member
of the Louisiana State Music Commission.
(11) One member representing the New Orleans Jazz Club
from recommendations submitted by the club.
(12) One member who is a recognized local expert on the
history, development and progression of jazz in New Orleans
and is familiar with existing archival materials from recommendations submitted by the Librarian of Congress.
(13) The Director of the National Park Service, or the
Director's designee, ex officio.
(c) DUTIES OF THE COMMISSION.—The Commission shall—
(1) advise the Secretary in the preparation of the general
management plan for the historical park; assist in public discussions of planning proposals; and assist the National Park Service in working with individuals, groups, and organizations
including economic and business interests in determining programs in which the Secretary should participate through
cooperative agreement;
(2) in consultation and cooperation with the Secretary,
develop partnerships with educational groups, schools, universities, and other groups to furtherance of the purposes of this
title;
(3) in consultation and cooperation with the Secretary,
develop partnerships with city-wide organizations, and raise
and disperse funds for programs that assist mutual aid and
benevolent societies, social and pleasure clubs and other traditional groups in encouraging the continuation of and enhancement of jazz cultural traditions;

79-194 O—95-34 : QL 3 Part 5

108 STAT. 4524

PUBLIC LAW 103-433—OCT. 31, 1994

(4) acquire or lease property for jazz education, and advise
on hiring brass bands and musical groups to participate in
education programs and help train young musicians;
(5) in consultation and cooperation with the Secretary,
provide recommendations for the location of the visitor center
and other interpretive sites;
(6) assist the Secretary in providing funds to support
research on the origins and early history of jazz in New Orleans;
and
(7) notwithstanding any other provision of law, seek and
accept donations of funds, property, or services from individuals,
foundations, corporations, or other public or private entities
and expend and use the same for the purposes of providing
services, programs, and facilities for jazz education, or assisting
in the rehabilitation and restoration of structures identified
in the national historic landmark study referenced in section
1203(b)(3) as having outstanding significance to the history
of jazz in New Orleans.
(d) APPOINTMENT.—Members of the Commission shall be
appointed for staggered terms of 3 years, as designated by the
Secretary at the time of the initial appointment.
(e) CHAIRMAN.—The Commission shall elect a chairman from
among its members. The term of the chairman shall be for 3
years.
(f) TERMS.—^Any member of the Commission appointed by the
Secretary for a 3-year term may serve after the expiration of his
or her term until a successor is appointed. Any vacancy shall
be filled in the same manner in which the original appointment
was made. Any member appointed to fill a vacancy shall serve
for the remainder of the term for which the predecessor was
appointed.
(g) P E R DIEM EXPENSES.—Members of the Commission shall

serve without compensation. Members shall be entitled to travel
expenses under section 5703, title 5, United States Code, when
engaged in Commission business, including per diem in lieu of
subsistence in the same manner as persons employed intermittently.
(h) ADMINISTRATIVE SUPPORT.—The Secretary shall provide the
Commission with assistance in obtaining such personnel, equipment, and facilities as may be needed by the Commission to carry
out its duties.
(i) ANNUAL REPORT.—^The Commission shall submit an annual
report to the Secretary identifying its expenses and income and
the entities to which any grants or technical assistance were made
during the year for which the report is made.

PUBLIC LAW 103-433—OCT. 31, 1994

108 STAT. 4525

SEC. 1208. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may
be necessary to carry out this title.
Approved October 31, 1994.

LEGISLATIVE HISTORY—S. 21 (H.R. 518):
HOUSE REPORTS: Nos. 103-498 accompanying H.R. 518 (Comm. on Natural
Resources) and 103-832 (Comm. of Conference).
SENATE REPORTS: No. 103-165 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 140 (1994):
Apr. 12, 13, considered and passed Senate.
May 17, June 10,13, Julv 12-14, 27, H.R. 518 considered and passed House;
S. 21, amended, passed in lieu.
Oct. 6, House agreed to conference report.
Oct. 7, 8, Senate considered and agreed to conference report
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994):
Oct. 31, Presidential statement.

16 USC