text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Clear Creek National Recreation Area 
  and Conservation Act''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Management plan.--The term ``management plan'' means 
          the Plan for the Recreation Area prepared under section 4(c).
              (2) Recreation area.--The term ``Recreation Area'' means 
          the Clear Creek National Recreation Area.
              (3) Secretary.--The term ``Secretary'' means the Secretary 
          of the Interior.
              (4) State.--The term ``State'' means the State of 
          California.
              (5) Off highway vehicle.--The term ``off highway vehicle'' 
          means any motorized vehicle designed for or capable of cross-
          country travel on or immediately over land, water, snow, or 
          other natural terrain and not intended for use on public roads.
  
  SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.
  
      (a) In General.--To promote environmentally responsible off highway 
  vehicle recreation, the area generally depicted as ``Proposed Clear 
  Creek National Recreation Area'' on the map titled ``Proposed Clear 
  Creek National Recreation Area'' and dated December 15, 2015, is 
  established as the ``Clear Creek National Recreation Area'', to be 
  managed by the Secretary.
      (b) Other Purposes.--The Recreation Area shall also support other 
  public recreational uses, such as hunting, hiking, and rock and gem 
  collecting.
      (c) Map on File.--Copies of the map referred to in subsection (a) 
  shall be on file and available for public inspection in--
              (1) the Office of the Director of the Bureau of Land 
          Management; and
              (2) the appropriate office of the Bureau of Land Management 
          in California.
  
  SEC. 4. MANAGEMENT.
  
      (a) In General.--The Secretary shall manage the Recreation Area to 
  further the purposes described in section 3(a), in accordance with--
              (1) this Act;
              (2) the Federal Land Policy and Management Act of 1976 (43 
          U.S.C. 1701 et seq.); and
              (3) any other applicable law.
      (b) Uses.--The Secretary shall--
              (1) prioritize environmentally responsible off highway 
          vehicle recreation and also facilitate hunting, hiking, gem 
          collecting, and the use of motorized vehicles, mountain bikes, 
          and horses in accordance with the management plan described in 
          subsection (c);
              (2) issue special recreation permits for motorized and non-
          motorized events; and
              (3) reopen the Clear Creek Management Area to the uses 
          described in this subsection as soon as practicable following 
          the enactment of this Act and in accordance with the management 
          guidelines outlined in this Act and other applicable law.
      (c) Interim Management Plan.--The Secretary shall use the 2006 
  Clear Creek Management Area Resource Management Plan Amendment and 
  Route Designation Record of Decision as modified by this Act or the 
  Secretary to incorporate natural resource protection information not 
  available in 2006, as the basis of an interim management plan to govern 
  off highway vehicle recreation within the Recreation Area pending the 
  completion of the long-term management plan required in subsection (d).
      (d) Permanent Management Plan.--Not later than 2 years after the 
  date of the enactment of this Act, the Secretary shall create a 
  comprehensive management plan for the Clear Creek Recreation Area 
  that--
              (1) shall describe the appropriate uses and management of 
          the Recreation Area in accordance with this Act;
              (2) shall be prepared in consultation with--
                      (A) appropriate Federal, State, and local agencies 
                  (including San Benito, Monterey, and Fresno Counties);
                      (B) adjacent land owners;
                      (C) other stakeholders (including conservation and 
                  recreational organizations); and
                      (D) holders of any easements, rights-of-way, and 
                  other valid rights in the Recreation Area;
              (3) shall include a hazards education program to inform 
          people entering the Recreation Area of the asbestos related 
          risks associated with various activities within the Recreation 
          Area, including off-highway vehicle recreation;
              (4) shall include a user fee program for motorized vehicle 
          use within the Recreational Area and guidelines for the use of 
          the funds collected for the management and improvement of the 
          Recreation Area;
              (5) shall designate as many previously used trails, roads, 
          and other areas for off highway vehicle recreation as feasible 
          in accordance with this in order to provide a substantially 
          similar recreational experience, except that nothing in this 
          paragraph shall be construed as precluding the Secretary from 
          closing any area, trail, or route from use for the purposes of 
          public safety or resource protection;
              (6) may incorporate any appropriate decisions, as 
          determined by the Secretary, in accordance with this Act, that 
          are contained in any management or activity plan for the area 
          completed before the date of the enactment of this Act;
              (7) may incorporate appropriate wildlife habitat management 
          plans or other plans prepared for the land within or adjacent 
          to the Recreation Area before the date of the enactment of this 
          Act, in accordance with this Act;
              (8) may use information developed under any studies of land 
          within or adjacent to the Recreation Area carried out before 
          the date of enactment of this Act; and
              (9) may include cooperative agreements with State or local 
          government agencies to manage all or a portion of the 
          recreational activities within the Recreation Area in 
          accordance with an approved management plan and the 
          requirements of this Act.
      (e) Acquisition of Property.--
              (1) In general.--The Secretary may acquire land adjacent to 
          the National Recreation Area by purchase from willing sellers, 
          donation, or exchange.
              (2) Management.--Any land acquired under paragraph (1) 
          shall be managed in accordance with--
                      (A) the Federal Land Policy and Management Act of 
                  1976 (43 U.S.C. 1701 et seq.);
                      (B) this Act; and
                      (C) any other applicable law (including 
                  regulations).
              (3) Improved access.--The Secretary may acquire by purchase 
          from willing sellers, donation, exchange, or easement, land, or 
          interest in land to improve public safety in providing access 
          to the Recreation Area.
      (f) Private Property.--
              (1) Access to private property.--
                      (A) In general.--The Secretary shall provide 
                  landowners adequate access to inholdings within the 
                  Recreation Area.
                      (B) Inholdings.--For access purposes, private land 
                  adjacent to the Recreation Area to which there is no 
                  other practicable access except through the Recreation 
                  Area shall be managed as an inholding.
              (2) Use of private property.--Nothing in this Act affects 
          the ownership, management, or other rights relating to any non-
          Federal land (including any interest in any non-Federal land).
              (3) Buffer zones.--Nothing in this Act creates a protective 
          perimeter or buffer zone around the Recreation Area.
              (4) Valid rights.--Nothing in this Act affects any 
          easements, rights-of-way, and other valid rights in existence 
          on the date of the enactment of this Act.
      (g) Water Right Exclusion.--Nothing in this Act--
              (1) shall constitute or be construed to constitute either 
          an express or implied reservation by the United States of any 
          water or water rights with respect to the Recreation Area; or
              (2) shall affect any water rights existing on the date of 
          the enactment of this Act.
      (h) Hunting and Fishing.--Nothing in this Act--
              (1) limits hunting or fishing; or
              (2) affects the authority, jurisdiction, or responsibility 
          of the State to manage, control, or regulate fish and resident 
          wildlife under State law (including regulations), including the 
          regulation of hunting or fishing on public land managed by the 
          Bureau of Land Management.
      (i) Motorized Vehicles.--Except in cases in which motorized 
  vehicles are needed for administrative purposes or to respond to an 
  emergency, the use of motorized vehicles on public land in the 
  Recreation Area shall be permitted only on roads, trails, and areas 
  designated by the management plan for the use by motorized vehicles.
      (j) Grazing.--In the Recreation Area, the grazing of livestock in 
  areas in which grazing is allowed as of the date of the enactment of 
  this Act shall be allowed to continue, consistent with--
              (1) this Act;
              (2) the Federal Land Policy and Management Act of 1976 (43 
          U.S.C. 1701 et seq.); and
              (3) any regulations promulgated by the Secretary, acting 
          through the Director of the Bureau of Land Management.
      (k) Withdrawal.--Subject to valid existing rights, all Federal land 
  within the Recreation Area is withdrawn from--
              (1) all forms of entry, appropriation, and disposal under 
          the public land laws;
              (2) location, entry, and patenting under the mining laws; 
          and
              (3) operation of the mineral leasing, mineral materials, 
          and geothermal leasing laws.
      (l) Fees.--Amounts received by the Secretary under the fee 
  structure required by subsection (d)(4) shall be--
              (1) deposited in a special account in the Treasury of the 
          United States; and
              (2) made available until expended to the Secretary for use 
          in the Recreation Area.
      (m) Risk Standard.--The National Oil and Hazardous Substances 
  Pollution Contingency Plan (section 300 of title 40, Code of Federal 
  Regulations), published pursuant to section 105 of the Comprehensive 
  Environmental Response, Compensation, and Liability Act of 1980 (42 
  U.S.C. 9605), shall not apply to the Secretary's management of asbestos 
  exposure risks faced by the public when recreating within the Clear 
  Creek Recreation Area described in section 3(b).
  
  SEC. 5. JOAQUIN ROCKS WILDERNESS.
  
      In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the 
  approximately 21,000 acres of Federal lands located in Fresno County 
  and San Benito County, California, and generally depicted on a map 
  entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14, 
  2015, is designated as wilderness and as a component of the National 
  Wilderness Preservation System and shall be known as the ``Joaquin 
  Rocks Wilderness''.
  
  SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.
  
      (a) Finding.--Congress finds that, for the purposes of section 603 
  of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
  the San Benito Mountain wilderness study area has been adequately 
  studied for wilderness designation.
      (b) Release.--The San Benito Mountain wilderness study area is no 
  longer subject to section 603(c) of the Federal Land Policy and 
  Management Act of 1976 (43 U.S.C. 1782(c)).
  
  SEC. 7. CLARIFICATION REGARDING FUNDING.
  
      No additional funds are authorized to carry out the requirements of 
  this Act. Such requirements shall be carried out using amounts 
  otherwise authorized.
  
              Passed the House of Representatives July 5, 2016.
  
              Attest:
  
                                                   KAREN L. HAAS,
  
                                                                   Clerk.
target: Clear Creek National Recreation Area and Conservation Act (Sec. 3) This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. (Sec. 4) The Department of the Interior shall:   prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses;  issue special recreation permits for motorized and nonmotorized events; and reopen the Clear Creek Management Area to such uses.   Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area.  Interior shall create a comprehensive management plan for the Recreation Area, which shall include:  a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation; and a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area.   Interior may acquire by purchase from willing sellers, donation, or exchange:  lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area.   Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding.  Nothing in this bill:  creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife.   The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan.   Livestock grazing shall be allowed to continue in certain parts of the Recreation Area.  The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.  The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area.  (Sec. 5) The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System.  (Sec. 6) The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review.  (Sec. 7) No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized. 
feat_title: Clear Creek National Recreation Area and Conservation Act