ACTION ITEM - Dumont Amargosa crossing threat

[SailAway]

There is a new Bill being passed through Congress and our preliminary research indicates it could adversely effect the Amargosa River crossing at Dumont (bolded below). We haven’t completed our research yet but in the meantime, please read this Bill and get familiar with it. The text of the Bill is pasted below and here is the link to the web page for the Bill. Additional information can be found here.

I am appalled to learn that my own Congressman, Ken Calvert, is not just supporting this piece of crap but is a co-sponsor!

This is something that will need strong and immediate action in the form of faxes, letters, emails and phone calls.

We will provide the contact information very soon... please start reading.

Eastern Sierra Rural Heritage and Economic Enhancement Act (Introduced in House)

HR 5149 IH

109th CONGRESS

2d Session

H. R. 5149

To maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 6, 2006

Mr. MCKEON introduced the following bill; which was referred to the Committee on Resources

A BILL

To maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Eastern Sierra Rural Heritage and Economic Enhancement Act'.

SEC. 2. DEFINITION OF SECRETARY.

In this Act, the term `Secretary' means--

(1) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(2) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

SEC. 3. DESIGNATION OF WILDERNESS AREAS.

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the following areas in the State of California are designated as wilderness areas and as components of the National Wilderness Preservation System:

(1) HOOVER WILDERNESS ADDITION-

(A) DESIGNATION- Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 39,680 acres, as generally depicted as Area C on the map entitled `Hoover Proposed Wilderness Addition' and dated August 8, 2005, is incorporated in, and shall be deemed to be a part of the Hoover Wilderness as designated by Public Law 88-577.

(B ) OPERATION AND MAINTENANCE OF PIUTE CABIN- The designation under subparagraph (A) shall not preclude operation and maintenance of the existing historic Piute Cabin, located in the western portion of the Hoover Wilderness Addition, in the same manner and degree in which operation and maintenance of such cabin were occurring as of the date of introduction of this Act.

(C ) NO RESTRICTION ON CERTAIN ACTIVITIES- The designation under subparagraph (A) is not intended to restrict the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on lands outside the wilderness under agreement with the Secretary.

(2) EMIGRANT WILDERNESS ADDITION- Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 640 acres, as generally depicted as Area D on the map entitled `Hoover Proposed Wilderness Addition' and dated August 8, 2005, is incorporated in, and which shall be deemed to be a part of the Emigrant Wilderness as designated by Public Law 88-577.

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

(a) Management- Subject to valid existing rights, each area designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) except that--

(1) any reference in that Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and

(2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness.

(b ) Map and Description-

(1) IN GENERAL- As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and legal description of each wilderness area designated by this Act with--

(A) the Committee on Resources of the House of Representatives; and

(B ) the Committee on Energy and Natural Resources of the Senate.

(2) FORCE OF LAW- A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description.

(3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the appropriate office of the Secretary.

(c ) Incorporation of Acquired Land and Interests- Any land within the boundary of a wilderness area designated by this Act that is acquired by the United States shall--

(1) become part of the wilderness area in which the land is located; and

(2) be managed in accordance with this Act, the Wilderness Act (16 U.S.C. 1131 et seq.) and any other applicable law.

(d ) Withdrawal- Subject to valid rights in existence on the date of the enactment of this Act, the Federal land designated as wilderness by this Act is withdrawn from all forms of--

(1) entry, appropriation, or disposal under the public land laws;

(2) location, entry, and patent under the mining laws; and

(3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(e ) Fire, Insect, and Disease Management Activities-

(1) IN GENERAL- The Secretary may take such measures in the wilderness areas designated by this act as are necessary for the control and prevention of fire, insects, and diseases, in accordance with--

(A) section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and

(B ) House Report No. 98-40 of the 98th Congress.

(2) REVIEW- Not later than 1 year after the date of the enactment of this Act, the Secretary shall review existing policies applicable to the wilderness areas designated by this Act to ensure that authorized approval procedures for any fire management measures allow a timely and efficient response to fire emergencies in the wilderness areas.

(f ) Snow Sensors and Stream Gauges- If the Secretary determines that hydrologic, meteorologic, or climatological instrumentation is appropriate to further the scientific, educational, and conservation purposes of the wilderness areas designated by this Act, nothing in the Act shall prevent the installation and maintenance of the instrumentation within the wilderness areas.

(g ) Military Activities- Nothing in this Act precludes low-level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over wilderness areas designated by this Act.

(h ) Livestock- Grazing of livestock and the maintenance of existing facilities related to grazing in the wilderness areas designated by this Act, established before the date of the enactment of this Act shall be permitted to continue in accordance with--

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405).

(i ) Fish and Wildlife Management-

(1) IN GENERAL- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore populations and habitats for fish and wildlife in wilderness areas designated by this Act if such activities are--

(A) consistent with applicable wilderness management plans; and

(B ) carried out in accordance with applicable guidelines and policies.

(2) STATE JURISDICTION- Nothing in this Act affects the jurisdiction of the State of California with respect to fish and wildlife on public land.

(j ) Adjacent Management-

(1) IN GENERAL- Nothing in this Act creates protective perimeters or buffer zones around the wilderness areas designated by this Act.

(2) NON-WILDERNESS ACTIVITIES- The fact that non-wilderness activities or uses can be seen or heard from areas within a wilderness area designated by this Act shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.

SEC. 5. WILD AND SCENIC RIVER DESIGNATION.

(a ) Designation of the Amargosa Wild and Scenic River, California- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

`(167) AMARGOSA RIVER, CALIFORNIA- The following segments of the Amargosa River in the State of California, to be administered by the Secretary of Interior:

`(A) The approximately 4.03 miles of the Amargosa River from the northern boundary of section 7 T21N R7E to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river.

`(B ) The approximately 6.69 miles of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river.

`(C ) The approximately 7.82 miles of the Amargosa River from the northern boundary of section 16 T20N R7E to the boundary of the Kingston Range Wilderness excluding the Sperry Wash OHV corridor in section 10 T19N R7E, as a wild river.

`(D ) The approximately 5.41 miles of the Amargosa River from the boundary of the Kingston Range Wilderness in section 10 T19N R7E to the southern boundary of section 31 T19N R7E, as a recreational river.'.

SEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE NATIONAL FOREST.

There is authorized to be appropriated $2,000,000 annually to the Secretary of Agriculture for management and enforcement of snowmobile use in areas adjacent to the Hoover Wilderness Addition in the Humboldt-Toiyabe National Forest.

Edited June 15, 2006 by SailAway

[SandBox_Kid]

What is the difference between a recreational river, a scenic river and a wild river....it seems strange that they want to break the same river into different defined types.

...and the maps they speak of....I didn't see any on that site.

Edited June 15, 2006 by cmyfirepole

[SailAway]

That's one of the questions we are waiting for an answer to.

Vicki

[dunefreak]

Vicki, let us know what you think everyone can do as soon as you find out some more info. Should we all e-mail them or what?

I'm not good w/ politics.

[SandBox_Kid]

I found this online....it defines wild and scenic rivers in CA.

[SailAway]

Cmyfirepole, that's a good find... but still too ambiguous for my tastes so I've written some emails looking for a clear answer as to how this new Bill would change life at Dumont.

Vicki

[SandBox_Kid]

Cmyfirepole, that's a good find... but still too ambiguous for my tastes so I've written some emails looking for a clear answer as to how this new Bill would change life at Dumont.

Vicki

I agree with the ambiguity. All I could make out of it is that it opens things up to more management which means political red tape to me.....and I'm pretty sure it's the "foot in the door" concept revealing the beginning of more regulation to come. Thanks for the heads up, I look forward to clarity on the river definitions and the entire issue at whole. I forsee the requirement of a bridge coming soon.

[fctryblack84]

politics

[SandBox_Kid]

politics

You haven't seen enough politics to know better....but you're right....besides that's how your pops makes $$.

Edited June 15, 2006 by cmyfirepole

[Sanduners]

Doesn't section ( C ) say excluding the Sperry wash OHV corridor and what does that mean.

Don, that means end of threat,,, :redhat: for now that is...

I don't believe this bill has anything to do with Dumont. See the map here:

http://www.blm.gov/ca/pa/wilderness/wilder...gston_range.pdf

Here is another map that shows Dumont:

http://www.blm.gov/ca/pa/wilderness/wilder...on_range_02.pdf

[SailAway]

Don, that means end of threat,,, :redhat: for now that is...

I don't believe this bill has anything to do with Dumont. See the map here:

http://www.blm.gov/ca/pa/wilderness/wilder...gston_range.pdf

Here is another map that shows Dumont:

http://www.blm.gov/ca/pa/wilderness/wilder...on_range_02.pdf

Don and Jim, I tend to agree.

But I don't like that this particular part of the Amargosa was targeted at all. I want complete assurance that it can't be used against Dumont now or in the future... so I'll keep asking until I get the assurance we all need.

Vicki

[HappyHour]

Vicki,

Re-stating what was said in an earlier post. Just let us know what we have to do as far as calls, emails, etc. Much of these people are up for re-election in Nov. they would be scared to be voted out of office which is why we need to voice our opinions on any topic you feel strongly about. Illegal immigration, same sex marriage, and yes even Dumont. So just let us know the info and thanks for fighting for Dumont.............................you ROCK!!!!!

:redhat: :fro:

Edited June 16, 2006 by HappyHour

[SailAway]

Thank you.

I have what I think is some good news...

I just got off the phone with Fish & Wildlife and the guy was very patient, clear and concise. Must be new to the job. :redhat:

He confirmed what my research came up with yesterday and that is that the designation itself doesn't necessarily mean any change to the use of the river. It's just a management designation and that leaves it up to the local BLM office to decide how to handle the designated portions of the Amargosa. And, it really only pertains to the water resources which would prohibit things like a damn or building a house on the riverbank anyway.

He also commented on something I had been informally told yesterday and that is, by excluding Sperry Wash the Bill seems to have been written with the Dumont users in mind:

"(C ) The approximately 7.82 miles of the Amargosa River from the northern boundary of section 16 T20N R7E to the boundary of the Kingston Range Wilderness excluding the Sperry Wash OHV corridor in section 10 T19N R7E, as a wild river."

And finally, he also commented that even if indeed the local BLM office decided to work against the users and prohibit interaction with the river, we could probably get a bridge built to span the river without even having to seek exception to the Wild & Scenic River designation since as long as it isn't in the river, doesn't prohibit the river's flow in some way, and isn't built directly on the river bank.

I've been very happy with the dune support shown by the local BLM office and feel confident that they will continue to promote our use of the area.

All in all I feel MUCH better about this than I did two days ago. I still do not support the legislation. But I'm not in a panic either.

Now... what can we do? I suggest everyone contact their representative and seek their explanation of this Bill. Demand that your representative clarify that your use of the Dumont Dunes will not be hindered by the passing of this Bill and if it does, tell them you want them to vote against it.

Go here to locate your representative. Send that email or make that call.

Vicki

Edited June 16, 2006 by SailAway