California Desert Protection Act of 2010
Encyclopedia
The California Desert Protection Act of 2010 (S.2921) is legislation proposed by U.S. Senator Dianne Feinstein
. The stated aim of the legislation is to provide for conservation
, enhanced recreation opportunities, and development of renewable energy
in the California
Desert
Conservation Area..
The conservation title creates two new national monument
s: the 941000 acre (3,808.1 km²; 1,470.3 sq mi) Mojave
Trails National Monument along Route 66 and the 134000 acre (542.3 km²; 209.4 sq mi) Sand to Snow National Monument, which connects Joshua Tree National Park
to the San Bernardino Mountains
, allowing seasonal wildlife migrations and providing access to year-round springs in the Big Morongo Canyon Preserve
. It expands Death Valley National Park
, Joshua Tree National Park
, and the Mojave National Preserve
, designates 344000 acre (1,392.1 km²; 537.5 sq mi) of additional wilderness
on federal lands
, and adds 76 miles (122.3 km) of wild and scenic river designation. Finally, it designates specific areas for off-road vehicle
use throughout the California desert.
The renewable energy title expedites wind
and solar
projects on private land, establishes Bureau of Land Management (BLM)
offices focused specifically on renewable energy development, and directs the military
to study renewable energy potential on their unused disturbed lands.
.
The bill permits continued use of the Mojave Trails National Monument for existing recreational activities including hiking
, mountain biking
, horseback riding, camping
, hunting
, trapping, rockhounding
, and off-highway vehicle (OHV)
recreation on designated routes. Furthermore, the bill authorizes the construction of transmission lines in the Monument to facilitate the transfer of renewable energy. It explicitly does not create any protective perimeter or buffer zone around the Monument and does not grant the government any additional authority over non-federal land within the Monument.
Approximately $45 million of private donations and $18 million in federal Land and Water Conservation
funds were spent to purchase land from the Catellus Corporation between 1999 and 2004 with the promise of conserving it in perpetuity. However, the BLM subsequently accepted applications to build solar and wind energy projects on these former railroad lands. The California Desert Protection Act of 2010 provides additional protection for approximately 266000 acre (1,076.5 km²; 415.6 sq mi) of these acquisitions, prohibiting disposal of this land or additional mining
, rights-of-way
, lease
s, livestock grazing
, infrastructure development, or off-highway vehicle use.
The proposed Sand to Snow National Monument covers 134000 acre (542.3 km²; 209.4 sq mi) of federal land between Joshua Tree National Park and the San Bernardino National Forest
in San Bernardino and Riverside counties. The bill maintains existing recreational uses, including hunting, vehicular travel on existing open roads and trails, camping, horseback riding, and rock collecting. This monument would be jointly managed by the BLM and the U.S. Forest Service.
that was designated a wilderness study area by the California Desert Protection Act of 1994
. The "Crater Mine Area" (6,400 acres/10 sq mi/26 km2) is a former sulfur mining area in northern Death Valley that is entirely surrounded by Park wilderness. The bill adds a 29000 acre (117.4 km²; 45.3 sq mi) area containing the Castle Mountains
on the border of Nevada
to the Mojave National Preserve. This land was left out of the original California Desert Protection Act
that created the Preserve due to an open-pit gold mine
that was still active in 1994. The mine has since been closed and the mining company has largely restored the land. The bill adds approximately 2900 acre (11.7 km²; 4.5 sq mi) to Joshua Tree National Park in the form of multiple small parcels of BLM land on the northern boundary of the park that have been identified for disposal.
s near Fort Irwin as well as portions of Death Valley National Park (90,000 acres/140 sq mi/360 km2) and the San Bernardino National Forest (4,300 acres/6.7 sq mi/17 km2). It releases approximately 126000 acre (509.9 km²; 196.9 sq mi) in the Cady
and Soda Mountains
that were designated wilderness study areas in the 1994 California Desert Protection Act, thereby allowing vehicular access to these areas.
The bill designates a Vinagre Wash Special Management Area covering 75000 acre (303.5 km²; 117.2 sq mi) in eastern Imperial County in order to conserve, protect and enhance plant and wildlife management as well as nationally significant ecological, recreational, archeological, and cultural resources. The area contains approximately 49000 acre (198.3 km²; 76.6 sq mi) of potential wilderness and approximately 12000 acre (48.6 km²; 18.8 sq mi) of former private land donated to the federal government for conservation. Permitted uses include hiking, camping, mountain biking, sightseeing, hunting, off-highway vehicle use on designated routes and horseback riding. Prohibited uses include new mining, permanent roads, commercial uses, or activities that would preclude the potential wilderness areas from becoming wilderness in the future.
The bill stipulates that the 934 acre (3.78 km²; 1.46 sq mi) Table Mountain Wilderness Study Area be transferred from the BLM to Anza Borrego Desert State Park, which surrounds it on three sides, to be managed as state wilderness.
The bill designates 76 miles (122.3 km) of wild and scenic rivers, including Deep Creek and the Whitewater River
which originate in the San Bernardino National Forest and the Amargosa River
and Surprise Canyon Creek near Death Valley National Park.
that are not needed for the for the expansion of the Marine Corps Air Ground Combat Center
would become part of the Johnson Valley Off-Highway Vehicle Recreation Area.
to develop a cultural resources management plan to protect the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California) that is sacred to Native American
tribes in this region.
50 percent of income generated from renewable energy projects on federal land shall be used to replenish the BLM Permit Processing Improvement Fund, increase the size of the Federal Land and Water Conservation Fund
, and establish a fund for the purpose of reclaiming any abandoned renewable energy project sites. The remaining 50 percent of income shall be given to state and county governments for the purpose of improving permitting and increasing conservation.
, California, Colorado
, Idaho
, Montana
, Nevada
, New Mexico
, Oregon
, Utah
, and Wyoming
.
In order to expedite the site evaluation process, the bill provides a categorical exclusion for small, temporary solar and wind meteorological tests on BLM land, eliminating the requirement to produce environmental impact statements or environmental assessments
for these tests.
, and the U.S. Forest Service to undertake programmatic environmental impact statements of renewable energy potential on federal land, with the goal of identifying zones where renewable energy production is in the public interest, and where environmental approval of renewable energy projects can be expedited. The following section requires the DoD to study the potential of renewable energy development on areas of military bases in California and Nevada that are not needed for training.
As of May 2010, the Bureau of Land Management (BLM) was assessing the suitability of 351000 acre (1,420.4 km²; 548.4 sq mi) in the California desert for potential renewable energy development, significantly more than experts estimate is needed to meet state renewable goals. None of the lands proposed by S.2921 to be protected in national parklands, as wilderness, or as ORV areas are within these BLM study areas.
, better and more active management of existing federal land is a more effective way to protect the species than acquiring additional mitigation
acres in an uncoordinated manner. The bill establishes endangered species
mitigation zones and requires developers proposing to develop private lands to contribute money to an endowed fund that would be used to better manage, in perpetuity, habitat for desert tortoise and other endangered or threatened species
on at least 200000 acre (809.4 km²; 312.5 sq mi) of specified public lands.
The bill requires developers of renewable energy projects on federal land to purchase a bond
to fund the eventual clean-up and restoration of these projects.
for advanced electricity transmission technology including underground transmission lines and increasing the electricity carrying capacity of existing towers
.
The California Desert Protection Act of 1994
was enacted. Several Wilderness Study Area
s (the Avawatz Mountains
, Kingston Range
Additions, Soda Mountains
, Cady Mountains
, and the Bowling Alley) outside the U.S. Army
's Fort Irwin National Training Center
were not included because the Army announced its desire to expand into some areas surrounding the base. It was understood by the people working on the bill, including environmental groups, Senator Feinstein, and Congressman Jerry Lewis, that once Fort Irwin finished its expansion, the remaining areas would become wilderness.
2001
The Army finished its plans for the Fort Irwin expansion and enlarged the base to include a portion of the Avawatz Mountains Wilderness Study Area.
2007
The California Wilderness Coalition (CWC) took Senator Feinstein's Deputy State Director, James Peterson, and her field representative for San Bernardino
, Riverside
, and Orange
Counties, Chris Carrillo, on a tour of the Fort Irwin WSAs. They were impressed by the beauty of the areas and foresaw few conflicts to including them in legislation. When presented with a list of additional candidates for wilderness designation,the Senator's staff came back with restrictions upon the potential new areas that they would consider: 1) they had to be inside the boundaries of the BLM's California Desert Conservation Area (a vast region that encompasses most of southeastern California) and 2) they had to have had some conflict that had prevented them from being included in the original California Desert Protection Act that had since been resolved. Ultimately, 17 wilderness study areas meeting these constraints were identified.
April to August 2007
The CWC took Senator Feinstein's staff to each of the 17 areas, traveling over 3600 miles (5,793.6 km) in nine days. The CWC researched each of the areas to identify potential conflicts that might arise from wilderness designation, and negotiations to resolve the problems were initiated.
December 21, 2009
Senator Feinstein introduced the California Desert Protection Act of 2010 (S.2921) in the United States Senate.
May 20, 2010
The Senate Committee on Energy & Natural Resources
heard testimony about the California Desert Protection Act of 2010 from 10 invited representatives of the government, the military, off-road groups, environmentalists and energy firms.
desert, and I hope it will stand as a model for how to balance renewable energy development and conservation."
calls the legislation "a balanced bill that facilitates renewable energy development" and "encouraged Congress
to take bold leadership for our parks and introduce companion legislation to S.2921 in the House of Representatives
, so the bill can pass both houses of Congress and become a law."
Wildlands Conservancy executive director David Myers testified at the May 20 Senate Committee hearing that "Ten years ago, prominent Democrats
and Republicans
alike saluted this donation[of Catellus lands] as a patriotic private sector [gesture] ". "We urge the committee to support this legislation and to reaffirm America's tradition of wildland philanthropy."
The Natural Resources Defense Council (NRDC)
"supports the goals of Senator Feinstein’s legislation and believes that it is an important step toward balancing America’s need to shift to clean energy with the need to protect unique and sensitive lands." Furthermore, "global warming
represents an unprecedented threat to the survival of ecosystems and wildlife, including publicly owned resources, and the human communities that depend on those resources." However, it believes that Title II "would legislate matters that should be left to the discretion of the Secretary of the Interior, given the fact that renewables development on the public lands is in its infancy." Given the unprecedented scale of some of the proposed solar projects, "we really cannot know what the full range of impacts might be."
Johanna Wald, attorney for the NRDC, testified that "BLM and other federal agency staff have ... little to no expertise in renewables development on the lands under their jurisdiction." However, "they will learn a great deal from permitting the fast-track projects – that is, those projects that are potentially eligible for approval by December 2010." Thus, federal agency staff should be given adequate time to learn from experience. "The bill seeks to legislate ambitious and ill-conceived deadlines for BLM review of permit applications, placing a heavy resource burden on the agency, while also jeopardizing the quality of its environmental reviews. Rather than locking in deadlines for these critically important reviews, we believe that the Secretary of the Interior should be required to establish appropriate deadlines and to report to Congress on the effectiveness of those deadlines once established."
The Sierra Club
calls the bill "an important first step towards achieving balance between the protection of public lands and wildlife in the desert and the pressing need for renewable energy development to address the challenge of climate change" and "strongly supports the wilderness designations, wild and scenic rivers designations and National Park expansions". However, it "strongly opposes the designation of the proposed OHV Recreation Areas", fearing that "this provision will set a dangerous precedent, which will significantly increase the pressure from OHV groups for such designations in any new public lands bills, not just in California but nationwide." Furthermore, "the Sierra Club would like to see the bill’s tight deadlines for reviewing renewable energy projects relaxed."
Clubs. Despite language in the bill permitting all existing uses of the land and specifically recognizing four off-road vehicle areas, Baker said his group fears that recreation would gradually be phased out of the protected areas. "We oppose legislation that denies the public's access to public land," he said.
Americans for Responsible Recreational Access called the Act "a remarkable piece of legislation". "The bill is the product of more than three years of intensive work by the Senator's staff, with a wide variety of user interests, ranging from environmentalists to energy producers, the OHV recreation community, various local and state government officials, and the U. S. Department of Defense. The scope of the legislation is far reaching in that it facilitates solar energy projects in the California desert, authorizes new monument and wilderness areas, sets aside federal land for Defense Department activities, and from our standpoint, designates specific areas as federally recognized OHV recreation areas. The negotiations among the various interest groups, as facilitated by the Feinstein staff, were lengthy and difficult. No one group got all it wanted and everyone had to compromise on their own specific agenda. But, in the end, an agreement was reached that specifies how the California desert will be managed for the benefit of all Americans." "Senator Feinstein and her staff has been tenacious in their work on this legislation. They have been instrumental in bringing opposing sides to the negotiating table and they have not been advocates for OHV recreation. We hope the Feinstein model of inclusiveness will not become a model that others in Congress will use when developing legislation on federal lands issues."
Chamber of Commerce.
Pedro Pizarro, Executive Vice President of Southern California Edison (SCE)
, testified at the May 20 Senate Committee hearing that "We have worked long and hard with Senator Feinstein to make sure the proposals are good for our customers and employees and will help us meet the policy goals of the state of California." "SCE believes that the desert renewable energy permitting provisions of the bill will help expedite the development of new renewable energy projects. Some of the most noteworthy aspects of the legislation are the provisions designed to encourage the development of renewable projects on previously disturbed private lands through the creation of Habitat Mitigation Zones in the California Desert Conservation Area." "SCE also supports provisions establishing deadlines for actions by federal agencies. Just as importantly, the bill ensures that the agencies have the staff and resources to enable them to meet those deadlines by creating a dedicated revenue stream through solar and wind leasing revenues. Finally, SCE appreciates the language in the bill that expressly authorizes the company to maintain, upgrade, and replace existing transmission facilities in the monuments, including the development of a new east-to-west line." "I want to point out the extraordinary steps that Senator Feinstein has taken to build consensus for this legislation. She led a group of stakeholders including Ted Craver, Chairman and CEO of Edison International
, two of today’s panelists, Mr. Meyers and Ms. Wald, and others, on a tour of the proposed monument site. Seeing the natural beauty of California’s desert areas made it clear why Senator Feinstein is so passionate about this issue. This act would conserve these spectacular and sensitive lands for the benefit and enjoyment of future generations." "This legislation ... is a win-win for the environment by conserving pristine land and promoting renewable energy projects."
and other forms of renewable and alternative energy." Nonetheless, renewable energy projects sited on or near military lands may interfere with training, place additional burdens on the installation for endangered species recovery, and compete with the military for water. On the other hand, "the designation of large monument and wilderness areas as off-limits to development protects installations from the encroachment that such development could cause". "The bill incorporates many provisions that address and protect our operations." "The Department is, however, concerned with the time restrictions included in the bill." "We believe[preparation of the programmatic environmental impact statement] will take significantly more time than currently provided in the bill." "We strongly support the goals of S. 2921—namely, to advance renewable energy while protecting the environment and protecting our current and projected military missions. We will provide additional views on the bill in the near future."
[ of pronghorn antelope
] that would spend nearly all of its time in the preserve."
Secretary of the Interior Ken Salazar
told Senator Feinstein "We've come to understand that your legislation is exactly the right approach" at the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies hearing on March 9, 2010. "There are right places for there to be development, there are places that we ought not have development and I think, in working closely with you and the stakeholders in Southern California, we have achieved that balance."
At the May 20 Senate Committee hearing, Bureau of Land Management Director Robert Abbey said the agency is already on track to designate areas for renewable energy development by next year. While he supports the bill's goals, he called Feinstein's proposed timelines "unrealistic". Senator Lisa Murkowski
suggested that it might be counterproductive to prohibit development before the federal agencies complete their assessments of which lands are best suited for solar and wind projects.
Conservation organizations
Off-road vehicle groups
Cultural organizations
Energy companies and utilities
Local governments
Dianne Feinstein
Dianne Goldman Berman Feinstein is the senior U.S. Senator from California. A member of the Democratic Party, she has served in the Senate since 1992. She also served as 38th Mayor of San Francisco from 1978 to 1988....
. The stated aim of the legislation is to provide for conservation
Habitat conservation
Habitat conservation is a land management practice that seeks to conserve, protect and restore, habitat areas for wild plants and animals, especially conservation reliant species, and prevent their extinction, fragmentation or reduction in range...
, enhanced recreation opportunities, and development of renewable energy
Renewable energy
Renewable energy is energy which comes from natural resources such as sunlight, wind, rain, tides, and geothermal heat, which are renewable . About 16% of global final energy consumption comes from renewables, with 10% coming from traditional biomass, which is mainly used for heating, and 3.4% from...
in the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
Desert
Desert
A desert is a landscape or region that receives an extremely low amount of precipitation, less than enough to support growth of most plants. Most deserts have an average annual precipitation of less than...
Conservation Area..
Overview
The bill consists of two titles, the first affecting conservation and recreation and the second affecting renewable energy permitting.The conservation title creates two new national monument
National monument
A National monument is a monument constructed in order to commemorate something of national importance such as a war or the country's founding. The term may also refer to a specific monument status, such as a National Heritage Site, which most national monuments are by reason of their cultural...
s: the 941000 acre (3,808.1 km²; 1,470.3 sq mi) Mojave
Mojave Desert
The Mojave Desert occupies a significant portion of southeastern California and smaller parts of central California, southern Nevada, southwestern Utah and northwestern Arizona, in the United States...
Trails National Monument along Route 66 and the 134000 acre (542.3 km²; 209.4 sq mi) Sand to Snow National Monument, which connects Joshua Tree National Park
Joshua Tree National Park
Joshua Tree National Park is located in southeastern California. Declared a U.S. National Park in 1994 when the U.S. Congress passed the California Desert Protection Act , it had previously been a U.S. National Monument since 1936. It is named for the Joshua tree forests native to the park...
to the San Bernardino Mountains
San Bernardino Mountains
The San Bernardino Mountains are a short transverse mountain range north and east of San Bernardino in Southern California in the United States. The mountains run for approximately 60 miles east-west on the southern edge of the Mojave Desert in southwestern San Bernardino County, north of the...
, allowing seasonal wildlife migrations and providing access to year-round springs in the Big Morongo Canyon Preserve
Big Morongo Canyon Preserve
The Big Morongo Canyon Preserve is a 31,000 acres native plants habitat and wildlife preserve located in the Little San Bernardino Mountains of the Transverse Ranges, in the transition zone between the higher Mojave Desert and lower elevation Colorado Desert section of the Sonoran...
. It expands Death Valley National Park
Death Valley National Park
Death Valley National Park is a national park in the U.S. states of California and Nevada located east of the Sierra Nevada in the arid Great Basin of the United States. The park protects the northwest corner of the Mojave Desert and contains a diverse desert environment of salt-flats, sand dunes,...
, Joshua Tree National Park
Joshua Tree National Park
Joshua Tree National Park is located in southeastern California. Declared a U.S. National Park in 1994 when the U.S. Congress passed the California Desert Protection Act , it had previously been a U.S. National Monument since 1936. It is named for the Joshua tree forests native to the park...
, and the Mojave National Preserve
Mojave National Preserve
Mojave National Preserve is located in the Mojave Desert of San Bernardino County, California, USA, between Interstate 15 and Interstate 40. The preserve was established October 31, 1994 with the passage of the California Desert Protection Act by the US Congress...
, designates 344000 acre (1,392.1 km²; 537.5 sq mi) of additional wilderness
National Wilderness Preservation System
The National Wilderness Preservation System of the United States protects federally managed land areas designated for preservation in their natural condition. It was established by the Wilderness Act upon the signature of President Lyndon B. Johnson on September 3, 1964...
on federal lands
Federal lands
Federal lands are lands in the United States for which ownership is claimed by the U.S. federal government.-Primary federal land holders:*Bureau of Land Management*United States Forest Service*United States Fish and Wildlife Service*National Park Service...
, and adds 76 miles (122.3 km) of wild and scenic river designation. Finally, it designates specific areas for off-road vehicle
Off-road vehicle
An off-road vehicle is considered to be any type of vehicle which is capable of driving on and off paved or gravel surface. It is generally characterized by having large tires with deep, open treads, a flexible suspension, or even caterpillar tracks...
use throughout the California desert.
The renewable energy title expedites wind
Wind power
Wind power is the conversion of wind energy into a useful form of energy, such as using wind turbines to make electricity, windmills for mechanical power, windpumps for water pumping or drainage, or sails to propel ships....
and solar
Solar power
Solar energy, radiant light and heat from the sun, has been harnessed by humans since ancient times using a range of ever-evolving technologies. Solar radiation, along with secondary solar-powered resources such as wind and wave power, hydroelectricity and biomass, account for most of the available...
projects on private land, establishes Bureau of Land Management (BLM)
Bureau of Land Management
The Bureau of Land Management is an agency within the United States Department of the Interior which administers America's public lands, totaling approximately , or one-eighth of the landmass of the country. The BLM also manages of subsurface mineral estate underlying federal, state and private...
offices focused specifically on renewable energy development, and directs the military
United States armed forces
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
to study renewable energy potential on their unused disturbed lands.
New National Monuments
The proposed Mojave Trails National Monument protects 941000 acre (3,808.1 km²; 1,470.3 sq mi) of federal land between Joshua Tree National Park and the Mojave National Preserve along historic Route 66 in San Bernardino County. The purposes of the Monument are to preserve the nationally significant biological, cultural, recreational, geological, educational, historic, scenic, and scientific values in the protected areas and to secure the opportunity for present and future generations to experience and enjoy the magnificent vistas, wildlife, land forms, and natural and cultural resources of the Monument. The Monument will be managed by the BLMBureau of Land Management
The Bureau of Land Management is an agency within the United States Department of the Interior which administers America's public lands, totaling approximately , or one-eighth of the landmass of the country. The BLM also manages of subsurface mineral estate underlying federal, state and private...
.
The bill permits continued use of the Mojave Trails National Monument for existing recreational activities including hiking
Hiking
Hiking is an outdoor activity which consists of walking in natural environments, often in mountainous or other scenic terrain. People often hike on hiking trails. It is such a popular activity that there are numerous hiking organizations worldwide. The health benefits of different types of hiking...
, mountain biking
Mountain biking
Mountain biking is a sport which consists of riding bicycles off-road, often over rough terrain, using specially adapted mountain bikes. Mountain bikes share similarities with other bikes, but incorporate features designed to enhance durability and performance in rough terrain.Mountain biking can...
, horseback riding, camping
Camping
Camping is an outdoor recreational activity. The participants leave urban areas, their home region, or civilization and enjoy nature while spending one or several nights outdoors, usually at a campsite. Camping may involve the use of a tent, caravan, motorhome, cabin, a primitive structure, or no...
, hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
, trapping, rockhounding
Rockhounding
Amateur geology is the recreational study and hobby of collecting rocks and mineral specimens from their natural environment.-Collecting:...
, and off-highway vehicle (OHV)
Off-road vehicle
An off-road vehicle is considered to be any type of vehicle which is capable of driving on and off paved or gravel surface. It is generally characterized by having large tires with deep, open treads, a flexible suspension, or even caterpillar tracks...
recreation on designated routes. Furthermore, the bill authorizes the construction of transmission lines in the Monument to facilitate the transfer of renewable energy. It explicitly does not create any protective perimeter or buffer zone around the Monument and does not grant the government any additional authority over non-federal land within the Monument.
Approximately $45 million of private donations and $18 million in federal Land and Water Conservation
Land and Water Conservation Fund
The United States' Land and Water Conservation Fund is a Federal program that was established by Act of Congress in 1964 to provide funds and matching grants to federal, state and local governments for the acquisition of land and water, and easements on land and water, for the benefit of all...
funds were spent to purchase land from the Catellus Corporation between 1999 and 2004 with the promise of conserving it in perpetuity. However, the BLM subsequently accepted applications to build solar and wind energy projects on these former railroad lands. The California Desert Protection Act of 2010 provides additional protection for approximately 266000 acre (1,076.5 km²; 415.6 sq mi) of these acquisitions, prohibiting disposal of this land or additional mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
, rights-of-way
Right of way (public throughway)
Right of way is a term first used to describe the right to travel unhindered, to access a route regardless of land ownership or any other legality.The right of way may be limited...
, lease
Lease
A lease is a contractual arrangement calling for the lessee to pay the lessor for use of an asset. A rental agreement is a lease in which the asset is tangible property...
s, livestock grazing
Grazing
Grazing generally describes a type of feeding, in which a herbivore feeds on plants , and also on other multicellular autotrophs...
, infrastructure development, or off-highway vehicle use.
The proposed Sand to Snow National Monument covers 134000 acre (542.3 km²; 209.4 sq mi) of federal land between Joshua Tree National Park and the San Bernardino National Forest
San Bernardino National Forest
San Bernardino National Forest is a federally-managed forest covering more than 800,000 acres . There are two main divisions which are the San Bernardino Mountains on the easternmost of the Transverse Range, and the San Jacinto and Santa Rosa Mountains on the northernmost of the Peninsular...
in San Bernardino and Riverside counties. The bill maintains existing recreational uses, including hunting, vehicular travel on existing open roads and trails, camping, horseback riding, and rock collecting. This monument would be jointly managed by the BLM and the U.S. Forest Service.
Land additions to existing National Parks
The California Desert Protection Act of 2010 adds approximately 74000 acre (299.5 km²; 115.6 sq mi) of land to the National Park System. The additions to Death Valley National Park total approximately 41000 acre (165.9 km²; 64.1 sq mi). The largest parcel (31,000 acres/48 sq mi/130 km2) is known as the "Bowling Alley" -- a narrow strip of land between the southern boundary of the park and Ft. IrwinFort Irwin Military Reservation
Fort Irwin & the National Training Center is a major training area for the United States Military and is a census-designated place located in the Mojave Desert in northern San Bernardino County, California. Fort Irwin sits at an elevation of . The 2010 United States census reported Fort Irwin's...
that was designated a wilderness study area by the California Desert Protection Act of 1994
California Desert Protection Act of 1994
The California Desert Protection Act of 1994 is a federal law , signed by President Bill Clinton, and passed by the United States Congress on October 8, 1994, that established the Death Valley and Joshua Tree National Parks and the Mojave National Preserve in the California...
. The "Crater Mine Area" (6,400 acres/10 sq mi/26 km2) is a former sulfur mining area in northern Death Valley that is entirely surrounded by Park wilderness. The bill adds a 29000 acre (117.4 km²; 45.3 sq mi) area containing the Castle Mountains
Castle Mountains
for the continuation of the range in NevadaThe Castle Mountains are located south and east of the New York Mountains in California and west of Cal-Nev-Ari, Nevada, USA....
on the border of Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
to the Mojave National Preserve. This land was left out of the original California Desert Protection Act
California Desert Protection Act of 1994
The California Desert Protection Act of 1994 is a federal law , signed by President Bill Clinton, and passed by the United States Congress on October 8, 1994, that established the Death Valley and Joshua Tree National Parks and the Mojave National Preserve in the California...
that created the Preserve due to an open-pit gold mine
Open-pit mining
Open-pit mining or opencast mining refers to a method of extracting rock or minerals from the earth by their removal from an open pit or borrow....
that was still active in 1994. The mine has since been closed and the mining company has largely restored the land. The bill adds approximately 2900 acre (11.7 km²; 4.5 sq mi) to Joshua Tree National Park in the form of multiple small parcels of BLM land on the northern boundary of the park that have been identified for disposal.
Wilderness and Wild and Scenic Rivers
The bill designates approximately 250000 acre (1,011.7 km²; 390.6 sq mi) of wilderness in five BLM Wilderness Study AreaWilderness study area
A wilderness study area contains undeveloped United States federal land retaining its primeval character and influence, without permanent improvements or human habitation, and managed to preserve its natural conditions...
s near Fort Irwin as well as portions of Death Valley National Park (90,000 acres/140 sq mi/360 km2) and the San Bernardino National Forest (4,300 acres/6.7 sq mi/17 km2). It releases approximately 126000 acre (509.9 km²; 196.9 sq mi) in the Cady
Cady Mountains
The Cady Mountains are a mountain range in the Mojave Desert, in San Bernardino County, California.They are found in southeastern California between Interstate 15 and Interstate 40, just east of Newberry Springs...
and Soda Mountains
Soda Mountains
The Soda Mountains are located in the eastern Mojave Desert in San Bernardino County, California, USA. The range lies to the north of Interstate 15 west of the town of Baker.-Geography:...
that were designated wilderness study areas in the 1994 California Desert Protection Act, thereby allowing vehicular access to these areas.
The bill designates a Vinagre Wash Special Management Area covering 75000 acre (303.5 km²; 117.2 sq mi) in eastern Imperial County in order to conserve, protect and enhance plant and wildlife management as well as nationally significant ecological, recreational, archeological, and cultural resources. The area contains approximately 49000 acre (198.3 km²; 76.6 sq mi) of potential wilderness and approximately 12000 acre (48.6 km²; 18.8 sq mi) of former private land donated to the federal government for conservation. Permitted uses include hiking, camping, mountain biking, sightseeing, hunting, off-highway vehicle use on designated routes and horseback riding. Prohibited uses include new mining, permanent roads, commercial uses, or activities that would preclude the potential wilderness areas from becoming wilderness in the future.
The bill stipulates that the 934 acre (3.78 km²; 1.46 sq mi) Table Mountain Wilderness Study Area be transferred from the BLM to Anza Borrego Desert State Park, which surrounds it on three sides, to be managed as state wilderness.
The bill designates 76 miles (122.3 km) of wild and scenic rivers, including Deep Creek and the Whitewater River
Whitewater River (California)
The Whitewater River is a small permanent stream in western Riverside County, California, except for a small upstream portion in southwestern San Bernardino County. Its headwaters are in the San Bernardino Mountains and 'mouth'—terminus in the Colorado Desert...
which originate in the San Bernardino National Forest and the Amargosa River
Amargosa River
The Amargosa River is an intermittent waterway, long, in southern Nevada and eastern California in the United States. It drains a high desert region, the Amargosa Valley in the Amargosa Desert northwest of Las Vegas, into the Mojave Desert, and finally into Death Valley where it disappears into...
and Surprise Canyon Creek near Death Valley National Park.
Permanent off-highway vehicle recreation areas
The bill designates four existing, administratively designated off-highway vehicle areas in San Bernardino County as permanent off-highway vehicle recreation areas. Land management would remain as it exists today, but the BLM would be given discretion whether to require a new site specific management plan or simply modify its existing desert-wide management plan. Furthermore, BLM lands in Johnson ValleyJohnson Valley, California
- Location :Johnson Valley is a small unincorporated community in San Bernardino County in Southern California between the Victor Valley and Morongo Basin areas of the High Desert region of California. It is located south of Highway 247 in the Mojave Desert northwest of Yucca Valley...
that are not needed for the for the expansion of the Marine Corps Air Ground Combat Center
Marine Corps Air Ground Combat Center Twentynine Palms
The Marine Corps Air Ground Combat Center , also known as 29 Palms, is a United States Marine Corps base. It was a census-designated place officially known as Twentynine Palms Base located adjacent to the city of Twentynine Palms in southern San Bernardino County, California. As of the 2000...
would become part of the Johnson Valley Off-Highway Vehicle Recreation Area.
Cultural resources management
The bill requires the Secretary the InteriorUnited States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
to develop a cultural resources management plan to protect the Xam Kwatchan Trail network extending from Avikwaame (Spirit Mountain, Nevada) to Avikwlal (Pilot Knob, California) that is sacred to Native American
Indigenous peoples of the Americas
The indigenous peoples of the Americas are the pre-Columbian inhabitants of North and South America, their descendants and other ethnic groups who are identified with those peoples. Indigenous peoples are known in Canada as Aboriginal peoples, and in the United States as Native Americans...
tribes in this region.
Funding Renewable Energy Coordination Offices
The bill stipulates the creation of Renewable Energy Coordination Offices to improve federal permit coordination for renewable energy and expedite the issuance of these permits. The Offices would be funded with revenues in the existing BLM Permit Processing Improvement Fund, which can otherwise only be used for oil and gas permitting.50 percent of income generated from renewable energy projects on federal land shall be used to replenish the BLM Permit Processing Improvement Fund, increase the size of the Federal Land and Water Conservation Fund
Land and Water Conservation Fund
The United States' Land and Water Conservation Fund is a Federal program that was established by Act of Congress in 1964 to provide funds and matching grants to federal, state and local governments for the acquisition of land and water, and easements on land and water, for the benefit of all...
, and establish a fund for the purpose of reclaiming any abandoned renewable energy project sites. The remaining 50 percent of income shall be given to state and county governments for the purpose of improving permitting and increasing conservation.
Accelerated processing of energy development proposals
Section 202 of this Title establishes a process to reduce the backlog of renewable energy development proposals on federal land. This section imposes deadlines on both federal agencies and applicants to expedite the right-of-way and environmental review of renewable energy development proposals, to prioritize development proposals in which the developer makes significant progress, and to turn down ill-conceived and speculative proposals. Applicants who fail to meet deadlines will be rejected in favor of developers who make progress on their sites. The Bureau of Land Management would replace its first-come, first-serve permit review process with a process that would give priority to renewable energy developers who have (1) completed their biological and cultural studies, (2) submitted an accepted development plan and a plan for securing necessary water, and (3) applied for an interconnection to the power grid. The Secretary of the Interior has used similar criteria to declare renewable energy proposals on a permitting "fast track". This Section affects all applications for authorization to construct wind or solar electricity generation facilities in the states of ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, California, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
, Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
, New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
.
In order to expedite the site evaluation process, the bill provides a categorical exclusion for small, temporary solar and wind meteorological tests on BLM land, eliminating the requirement to produce environmental impact statements or environmental assessments
Environmental impact assessment
An environmental impact assessment is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the natural, social and economic aspects....
for these tests.
Coordinated plan to develop renewable energy on federal land
Section 203 establishes a coordinated plan to develop renewable energy on federal land. It requires the Bureau of Land Management, the Department of Defense (DoD)United States Department of Defense
The United States Department of Defense is the U.S...
, and the U.S. Forest Service to undertake programmatic environmental impact statements of renewable energy potential on federal land, with the goal of identifying zones where renewable energy production is in the public interest, and where environmental approval of renewable energy projects can be expedited. The following section requires the DoD to study the potential of renewable energy development on areas of military bases in California and Nevada that are not needed for training.
As of May 2010, the Bureau of Land Management (BLM) was assessing the suitability of 351000 acre (1,420.4 km²; 548.4 sq mi) in the California desert for potential renewable energy development, significantly more than experts estimate is needed to meet state renewable goals. None of the lands proposed by S.2921 to be protected in national parklands, as wilderness, or as ORV areas are within these BLM study areas.
Mitigation requirements
Recent research indicates that, especially for protection of the Desert TortoiseDesert Tortoise
The desert tortoise is a species of tortoise native to the Mojave desert and Sonoran desert of the southwestern United States and northwestern Mexico. They can be located in western Arizona, southeastern California, southern Nevada, and southwestern Utah. The species name agassizii is in honor of...
, better and more active management of existing federal land is a more effective way to protect the species than acquiring additional mitigation
Environmental mitigation
Environmental mitigation, compensatory mitigation, or mitigation banking, are terms used primarily by the United States government and the related environmental industry to describe projects or programs intended to offset known impacts to an existing historic or natural resource such as a stream,...
acres in an uncoordinated manner. The bill establishes endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
mitigation zones and requires developers proposing to develop private lands to contribute money to an endowed fund that would be used to better manage, in perpetuity, habitat for desert tortoise and other endangered or threatened species
Threatened species
Threatened species are any speciesg animals, plants, fungi, etc.) which are vulnerable to endangerment in the near future.The World Conservation Union is the foremost authority on threatened species, and treats threatened species not as a single category, but as a group of three categories,...
on at least 200000 acre (809.4 km²; 312.5 sq mi) of specified public lands.
The bill requires developers of renewable energy projects on federal land to purchase a bond
Surety bond
A surety bond is a promise to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract...
to fund the eventual clean-up and restoration of these projects.
Advanced electricity transmission technology subsidies
The bill establishes loan guarantees and grantsGrant (money)
Grants are funds disbursed by one party , often a Government Department, Corporation, Foundation or Trust, to a recipient, often a nonprofit entity, educational institution, business or an individual. In order to receive a grant, some form of "Grant Writing" often referred to as either a proposal...
for advanced electricity transmission technology including underground transmission lines and increasing the electricity carrying capacity of existing towers
Electricity pylon
A transmission tower is a tall structure, usually a steel lattice tower, used to support an overhead power line. They are used in high-voltage AC and DC systems, and come in a wide variety of shapes and sizes...
.
Timeline
October 31, 1994The California Desert Protection Act of 1994
California Desert Protection Act of 1994
The California Desert Protection Act of 1994 is a federal law , signed by President Bill Clinton, and passed by the United States Congress on October 8, 1994, that established the Death Valley and Joshua Tree National Parks and the Mojave National Preserve in the California...
was enacted. Several Wilderness Study Area
Wilderness study area
A wilderness study area contains undeveloped United States federal land retaining its primeval character and influence, without permanent improvements or human habitation, and managed to preserve its natural conditions...
s (the Avawatz Mountains
Avawatz Mountains
The Avawatz Mountains are located in San Bernardino County in the Mojave Desert of San Bernardino County, California, USA.-Name:The name "Avawatz" is derived from the Mohave Indian term "Avi-Ahwat", or "red rock".-Geography:...
, Kingston Range
Kingston Range
The Kingston Range, sometimes called the Kingston Mountains, is located in Inyo and San Bernardino counties in the Mojave Desert in eastern California. The range reaches a height of above sea level at Kingston Peak....
Additions, Soda Mountains
Soda Mountains
The Soda Mountains are located in the eastern Mojave Desert in San Bernardino County, California, USA. The range lies to the north of Interstate 15 west of the town of Baker.-Geography:...
, Cady Mountains
Cady Mountains
The Cady Mountains are a mountain range in the Mojave Desert, in San Bernardino County, California.They are found in southeastern California between Interstate 15 and Interstate 40, just east of Newberry Springs...
, and the Bowling Alley) outside the U.S. Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
's Fort Irwin National Training Center
Fort Irwin Military Reservation
Fort Irwin & the National Training Center is a major training area for the United States Military and is a census-designated place located in the Mojave Desert in northern San Bernardino County, California. Fort Irwin sits at an elevation of . The 2010 United States census reported Fort Irwin's...
were not included because the Army announced its desire to expand into some areas surrounding the base. It was understood by the people working on the bill, including environmental groups, Senator Feinstein, and Congressman Jerry Lewis, that once Fort Irwin finished its expansion, the remaining areas would become wilderness.
2001
The Army finished its plans for the Fort Irwin expansion and enlarged the base to include a portion of the Avawatz Mountains Wilderness Study Area.
2007
The California Wilderness Coalition (CWC) took Senator Feinstein's Deputy State Director, James Peterson, and her field representative for San Bernardino
San Bernardino County, California
San Bernardino County is a county in the U.S. state of California. As of the 2010 census, the population was 2,035,210, up from 1,709,434 as of the 2000 census...
, Riverside
Riverside County, California
Riverside County is a county in the U.S. state of California. One of 58 California counties, it covers in the southern part of the state, and stretches from Orange County to the Colorado River, which forms the state border with Arizona. The county derives its name from the city of Riverside,...
, and Orange
Orange County, California
Orange County is a county in the U.S. state of California. Its county seat is Santa Ana. As of the 2010 census, its population was 3,010,232, up from 2,846,293 at the 2000 census, making it the third most populous county in California, behind Los Angeles County and San Diego County...
Counties, Chris Carrillo, on a tour of the Fort Irwin WSAs. They were impressed by the beauty of the areas and foresaw few conflicts to including them in legislation. When presented with a list of additional candidates for wilderness designation,the Senator's staff came back with restrictions upon the potential new areas that they would consider: 1) they had to be inside the boundaries of the BLM's California Desert Conservation Area (a vast region that encompasses most of southeastern California) and 2) they had to have had some conflict that had prevented them from being included in the original California Desert Protection Act that had since been resolved. Ultimately, 17 wilderness study areas meeting these constraints were identified.
April to August 2007
The CWC took Senator Feinstein's staff to each of the 17 areas, traveling over 3600 miles (5,793.6 km) in nine days. The CWC researched each of the areas to identify potential conflicts that might arise from wilderness designation, and negotiations to resolve the problems were initiated.
December 21, 2009
Senator Feinstein introduced the California Desert Protection Act of 2010 (S.2921) in the United States Senate.
May 20, 2010
The Senate Committee on Energy & Natural Resources
United States Senate Committee on Energy and Natural Resources
The United States Senate Committee on Energy and Natural Resources has jurisdiction over matters related to energy and nuclear waste policy, territorial policy, native Hawaiian matters, and public lands....
heard testimony about the California Desert Protection Act of 2010 from 10 invited representatives of the government, the military, off-road groups, environmentalists and energy firms.
Reaction
Diane Feinstein, who proposed the legislation, states that "conservation, renewable energy development and recreation can and must co-exist in the California Desert." "This legislation strikes a careful balance between these sometimes competing concerns." "We have worked painstakingly to ensure that this legislation balances the needs of all stakeholders. This bill, if enacted, will have a positive and enduring impact on the landscape of the Southern CaliforniaSouthern California
Southern California is a megaregion, or megapolitan area, in the southern area of the U.S. state of California. Large urban areas include Greater Los Angeles and Greater San Diego. The urban area stretches along the coast from Ventura through the Southland and Inland Empire to San Diego...
desert, and I hope it will stand as a model for how to balance renewable energy development and conservation."
Nature conservation
The National Parks Conservation AssociationNational Parks Conservation Association
The National Parks Conservation Association is the only independent, membership organization devoted exclusively to advocacy on behalf of the National Parks System...
calls the legislation "a balanced bill that facilitates renewable energy development" and "encouraged Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to take bold leadership for our parks and introduce companion legislation to S.2921 in the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
, so the bill can pass both houses of Congress and become a law."
Wildlands Conservancy executive director David Myers testified at the May 20 Senate Committee hearing that "Ten years ago, prominent Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
and Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
alike saluted this donation
The Natural Resources Defense Council (NRDC)
Natural Resources Defense Council
The Natural Resources Defense Council is a New York City-based, non-profit, non-partisan international environmental advocacy group, with offices in Washington DC, San Francisco, Los Angeles, Chicago, and Beijing...
"supports the goals of Senator Feinstein’s legislation and believes that it is an important step toward balancing America’s need to shift to clean energy with the need to protect unique and sensitive lands." Furthermore, "global warming
Global warming
Global warming refers to the rising average temperature of Earth's atmosphere and oceans and its projected continuation. In the last 100 years, Earth's average surface temperature increased by about with about two thirds of the increase occurring over just the last three decades...
represents an unprecedented threat to the survival of ecosystems and wildlife, including publicly owned resources, and the human communities that depend on those resources." However, it believes that Title II "would legislate matters that should be left to the discretion of the Secretary of the Interior, given the fact that renewables development on the public lands is in its infancy." Given the unprecedented scale of some of the proposed solar projects, "we really cannot know what the full range of impacts might be."
Johanna Wald, attorney for the NRDC, testified that "BLM and other federal agency staff have ... little to no expertise in renewables development on the lands under their jurisdiction." However, "they will learn a great deal from permitting the fast-track projects – that is, those projects that are potentially eligible for approval by December 2010." Thus, federal agency staff should be given adequate time to learn from experience. "The bill seeks to legislate ambitious and ill-conceived deadlines for BLM review of permit applications, placing a heavy resource burden on the agency, while also jeopardizing the quality of its environmental reviews. Rather than locking in deadlines for these critically important reviews, we believe that the Secretary of the Interior should be required to establish appropriate deadlines and to report to Congress on the effectiveness of those deadlines once established."
The Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
calls the bill "an important first step towards achieving balance between the protection of public lands and wildlife in the desert and the pressing need for renewable energy development to address the challenge of climate change" and "strongly supports the wilderness designations, wild and scenic rivers designations and National Park expansions". However, it "strongly opposes the designation of the proposed OHV Recreation Areas", fearing that "this provision will set a dangerous precedent, which will significantly increase the pressure from OHV groups for such designations in any new public lands bills, not just in California but nationwide." Furthermore, "the Sierra Club would like to see the bill’s tight deadlines for reviewing renewable energy projects relaxed."
Off-road vehicular recreation
The only representative to testify against the bill at the May 20 Senate Committee hearing was Harry Baker of the California Association of 4WDFour-wheel drive
Four-wheel drive, 4WD, or 4×4 is a four-wheeled vehicle with a drivetrain that allows all four wheels to receive torque from the engine simultaneously...
Clubs. Despite language in the bill permitting all existing uses of the land and specifically recognizing four off-road vehicle areas, Baker said his group fears that recreation would gradually be phased out of the protected areas. "We oppose legislation that denies the public's access to public land," he said.
Americans for Responsible Recreational Access called the Act "a remarkable piece of legislation". "The bill is the product of more than three years of intensive work by the Senator's staff, with a wide variety of user interests, ranging from environmentalists to energy producers, the OHV recreation community, various local and state government officials, and the U. S. Department of Defense. The scope of the legislation is far reaching in that it facilitates solar energy projects in the California desert, authorizes new monument and wilderness areas, sets aside federal land for Defense Department activities, and from our standpoint, designates specific areas as federally recognized OHV recreation areas. The negotiations among the various interest groups, as facilitated by the Feinstein staff, were lengthy and difficult. No one group got all it wanted and everyone had to compromise on their own specific agenda. But, in the end, an agreement was reached that specifies how the California desert will be managed for the benefit of all Americans." "Senator Feinstein and her staff has been tenacious in their work on this legislation. They have been instrumental in bringing opposing sides to the negotiating table and they have not been advocates for OHV recreation. We hope the Feinstein model of inclusiveness will not become a model that others in Congress will use when developing legislation on federal lands issues."
Culture
"Visitors come from across the country and around the world to experience Route 66, its history, and our unique desert landscape," explained Jim Conkle, chair of the Route 66 Alliance. "This bill will preserve an important link to our past while also investing in our future."Business and economic development
"The California Desert Protection Act would preserve the natural beauty of our home for future generations while also creating much-needed business and tourism opportunities now," said Karen Lowe, President of the Morongo ValleyMorongo Valley, California
Morongo Valley is a census-designated place in San Bernardino County, California, United States. The population was 3,552 at the 2010 census, up from 1,929 at the 2000 census.-Geography and climate:...
Chamber of Commerce.
Renewable energy development and electrical power transmission
"I hope the hearing demonstrates how balanced this legislation is, that it allows for the needs of conservation, renewable energy, recreation, and the military. It provides certainty for all stakeholders and a legacy for the future," said Fred Bell, Chief Operating Officer of Noble & Company, a desert-based renewable energy company focused on wind and solar power generation.Pedro Pizarro, Executive Vice President of Southern California Edison (SCE)
Southern California Edison
Southern California Edison , the largest subsidiary of Edison International , is the primary electricity supply company for much of Southern California, USA. It provides 14 million people with electricity...
, testified at the May 20 Senate Committee hearing that "We have worked long and hard with Senator Feinstein to make sure the proposals are good for our customers and employees and will help us meet the policy goals of the state of California." "SCE believes that the desert renewable energy permitting provisions of the bill will help expedite the development of new renewable energy projects. Some of the most noteworthy aspects of the legislation are the provisions designed to encourage the development of renewable projects on previously disturbed private lands through the creation of Habitat Mitigation Zones in the California Desert Conservation Area." "SCE also supports provisions establishing deadlines for actions by federal agencies. Just as importantly, the bill ensures that the agencies have the staff and resources to enable them to meet those deadlines by creating a dedicated revenue stream through solar and wind leasing revenues. Finally, SCE appreciates the language in the bill that expressly authorizes the company to maintain, upgrade, and replace existing transmission facilities in the monuments, including the development of a new east-to-west line." "I want to point out the extraordinary steps that Senator Feinstein has taken to build consensus for this legislation. She led a group of stakeholders including Ted Craver, Chairman and CEO of Edison International
Edison International
Edison International is a public utility holding company based in Rosemead, California. Its subsidiaries include Southern California Edison, and un-regulated non-utility assets Edison Mission Energy and Midwest Generation, power producers, and Edison Capital...
, two of today’s panelists, Mr. Meyers and Ms. Wald, and others, on a tour of the proposed monument site. Seeing the natural beauty of California’s desert areas made it clear why Senator Feinstein is so passionate about this issue. This act would conserve these spectacular and sensitive lands for the benefit and enjoyment of future generations." "This legislation ... is a win-win for the environment by conserving pristine land and promoting renewable energy projects."
Military
Dr. Dorothy Robyn, Deputy Under Secretary of Defense, testified at the May 20 Senate Committee hearing that "The Department’s own analysis confirms that our military’s heavy reliance on oil and other fossil fuels creates significant risks and costs at a tactical as well as a strategic level" and that "the military has been actively pursuing solar, wind, geothermalGeothermal power
Geothermal energy is thermal energy generated and stored in the Earth. Thermal energy is the energy that determines the temperature of matter. Earth's geothermal energy originates from the original formation of the planet and from radioactive decay of minerals...
and other forms of renewable and alternative energy." Nonetheless, renewable energy projects sited on or near military lands may interfere with training, place additional burdens on the installation for endangered species recovery, and compete with the military for water. On the other hand, "the designation of large monument and wilderness areas as off-limits to development protects installations from the encroachment that such development could cause". "The bill incorporates many provisions that address and protect our operations." "The Department is, however, concerned with the time restrictions included in the bill." "We believe
Government
The Castle Mountains area "has unique grasslands that you typically don't find in the desert" says Mojave National Preserve Superintendent Dennis Schramm. "We think this grassland could be a really important part of bringing back a small herdPronghorn
The pronghorn is a species of artiodactyl mammal endemic to interior western and central North America. Though not an antelope, it is often known colloquially in North America as the prong buck, pronghorn antelope, or simply antelope, as it closely resembles the true antelopes of the Old World and...
Secretary of the Interior Ken Salazar
Ken Salazar
Kenneth Lee "Ken" Salazar is the current United States Secretary of the Interior, in the administration of President Barack Obama. A member of the Democratic Party, he previously served as a United States Senator from Colorado from 2005 to 2009. He and Mel Martinez were the first Hispanic U.S...
told Senator Feinstein "We've come to understand that your legislation is exactly the right approach" at the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies hearing on March 9, 2010. "There are right places for there to be development, there are places that we ought not have development and I think, in working closely with you and the stakeholders in Southern California, we have achieved that balance."
At the May 20 Senate Committee hearing, Bureau of Land Management Director Robert Abbey said the agency is already on track to designate areas for renewable energy development by next year. While he supports the bill's goals, he called Feinstein's proposed timelines "unrealistic". Senator Lisa Murkowski
Lisa Murkowski
Lisa Ann Murkowski is the senior U.S. Senator from the State of Alaska and a member of the Republican Party. She was appointed to the Senate in 2002 by her father, Governor Frank Murkowski. After losing a Republican primary in 2010, she became the second person ever to win a U.S...
suggested that it might be counterproductive to prohibit development before the federal agencies complete their assessments of which lands are best suited for solar and wind projects.
Supporters
Diverse entities officially support the proposed legislation, includingConservation organizations
- The AmargosaAmargosa RiverThe Amargosa River is an intermittent waterway, long, in southern Nevada and eastern California in the United States. It drains a high desert region, the Amargosa Valley in the Amargosa Desert northwest of Las Vegas, into the Mojave Desert, and finally into Death Valley where it disappears into...
Conservancy, Californians for Western Wilderness, California Wilderness Coalition, Campaign for America's Wilderness, Conservation Alliance, Death ValleyDeath ValleyDeath Valley is a desert valley located in Eastern California. Situated within the Mojave Desert, it features the lowest, driest, and hottest locations in North America. Badwater, a basin located in Death Valley, is the specific location of the lowest elevation in North America at 282 feet below...
Conservancy, Desert Protective Council, Endangered Habitats League, Friends of Big Morongo Canyon PreserveBig Morongo Canyon PreserveThe Big Morongo Canyon Preserve is a 31,000 acres native plants habitat and wildlife preserve located in the Little San Bernardino Mountains of the Transverse Ranges, in the transition zone between the higher Mojave Desert and lower elevation Colorado Desert section of the Sonoran...
, Friends of the Desert Mountains, Friends of the River, Mojave DesertMojave DesertThe Mojave Desert occupies a significant portion of southeastern California and smaller parts of central California, southern Nevada, southwestern Utah and northwestern Arizona, in the United States...
Land Trust, Mojave National PreserveMojave National PreserveMojave National Preserve is located in the Mojave Desert of San Bernardino County, California, USA, between Interstate 15 and Interstate 40. The preserve was established October 31, 1994 with the passage of the California Desert Protection Act by the US Congress...
Conservancy, National Parks Conservation AssociationNational Parks Conservation AssociationThe National Parks Conservation Association is the only independent, membership organization devoted exclusively to advocacy on behalf of the National Parks System...
, Wilderness Society, and the Wildlands Conservancy
Off-road vehicle groups
- The American Motorcyclist AssociationAmerican Motorcyclist AssociationThe American Motorcyclist Association is an American not-for-profit organization of more than 300,000 motorcyclists that organizes numerous motorcycling activities and campaigns for motorcyclists' legal rights...
, Americans for Responsible Recreational Access, American Sand Association, Blue Ribbon Coalition, and the Off-Road Business Association.
Cultural organizations
- The Big Pine Paiute TribeBig Pine Band of Owens Valley Paiute Shoshone Indians of the Big Pine ReservationThe Big Pine Band of Owens Valley Paiute Shoshone Indians of the Big Pine Reservation are a federally recognized tribe of Mono and Timbisha Indians in California.The Big Pine Reservation is located from Bishop, at the eastern base of the Sierra Nevada...
, Timbisha Shoshone Tribe, and the Route 66U.S. Route 66U.S. Route 66 was a highway within the U.S. Highway System. One of the original U.S. highways, Route 66 was established on November 11, 1926 -- with road signs erected the following year...
Preservation Foundation
Energy companies and utilities
- Abengoa Solar, the Coachella ValleyCoachella ValleyCoachella Valley is a large valley landform in Southern California. The valley extends for approximately 45 miles in Riverside County southeast from the San Bernardino Mountains to the saltwater Salton Sea, the largest lake in California...
Water District, Cogentrix Energy, Edison InternationalEdison InternationalEdison International is a public utility holding company based in Rosemead, California. Its subsidiaries include Southern California Edison, and un-regulated non-utility assets Edison Mission Energy and Midwest Generation, power producers, and Edison Capital...
(parent company of Southern California EdisonSouthern California EdisonSouthern California Edison , the largest subsidiary of Edison International , is the primary electricity supply company for much of Southern California, USA. It provides 14 million people with electricity...
), the Los Angeles Department of Water and PowerLos Angeles Department of Water and PowerThe Los Angeles Department of Water and Power is the largest municipal utility in the United States, serving over four million residents. It was founded in 1902 to supply water and electricity to residents and businesses in Los Angeles and surrounding communities...
, and Noble & Company
Local governments
- The cities of Apple ValleyApple Valley, California-Climate:*On average, the warmest month is July.*The highest recorded temperature was in 2002.*On average, the coolest month is December.*The lowest recorded temperature was in 1949.*The most precipitation on average occurs in February.-History:...
, BanningBanning, California-2010:The 2010 United States Census reported that Banning had a population of 29,603. The population density was 1,281.6 people per square mile . The racial makeup of Banning was 19,164 White, 2,165 African American, 641 Native American, 1,549 Asian, 39 Pacific Islander, 4,604 from other...
, BeaumontBeaumont, CaliforniaBeaumont is a city in Riverside County, California, United States in the Greater Los Angeles area.Now a growing, community planned city, the population was 36,877 at the 2010 census, and expected to be up to 125,000 projected by 2040, making Beaumont as California's next, newest fastest-growing...
, CalimesaCalimesa, CaliforniaCalimesa is a city in Riverside County, California, United States in the Greater Los Angeles area. The population was 7,879 at the 2010 census, up from 7,139 at the 2000 census. It is situated on the San Gorgonio Pass.-Incorporation:...
, Cathedral CityCathedral City, CaliforniaCathedral City is a city in Riverside County, California, United States. The population was 51,200 at the 2010 census. Sandwiched between Palm Springs and Rancho Mirage, it is one of the cities in the Coachella Valley of southern California...
, Desert Hot SpringsDesert Hot Springs, CaliforniaDesert Hot Springs, also known as DHS, is a city in Riverside County, California, United States. The city is located within the Coachella Valley geographic region, sometimes referred to as the Desert Empire. The population was 25,938 at the 2010 census, up from 16,582 at the 2000 United States...
, HesperiaHesperia, CaliforniaHesperia is a city in San Bernardino County, California, United States. It is located in the Mojave Desert north of San Bernardino. The locals refer to the surrounding area as the High Desert...
, Indian WellsIndian Wells, CaliforniaIndian Wells is a city in Riverside County, California, in the Coachella Valley , in between Palm Desert and La Quinta. As of the 2010 census, the city population was 4,958....
, IndioIndio, CaliforniaIndio is a city in Riverside County, California, United States, located in the Coachella Valley of Southern California's Colorado Desert region. It lies east of Palm Springs, east of Riverside, and east of Los Angeles. It is about north of Mexicali, Baja California on the U.S.-Mexican border...
, La QuintaLa Quinta, CaliforniaLa Quinta is a resort city in Riverside County, California, USA, specifically in the Coachella Valley between Indian Wells and Indio. The population was 37,467 at the 2010 census, up from 23,694 at the 2000 census. The Robb Report credits La Quinta as the nation's leading golf destination...
, Palm DesertPalm Desert, CaliforniaPalm Desert is a city in Riverside County, California, United States, in the Coachella Valley, approximately east of Palm Springs. The population was 48,445 at the 2010 census, up from 41,155 at the 2000 census...
, Palm SpringsPalm Springs, CaliforniaPalm Springs is a desert city in Riverside County, California, within the Coachella Valley. It is located approximately 37 miles east of San Bernardino, 111 miles east of Los Angeles and 136 miles northeast of San Diego...
, RedlandsRedlands, CaliforniaRedlands is a city in San Bernardino County, California, United States. As of the 2010 census, the city had a population of 68,747, up from 63,591 at the 2000 census. The city is located east of downtown San Bernardino.- History :...
, RiversideRiverside, CaliforniaRiverside is a city in Riverside County, California, United States, and the county seat of the eponymous county. Named for its location beside the Santa Ana River, it is the largest city in the Riverside-San Bernardino-Ontario metropolitan area of Southern California, 4th largest inland California...
, San BernardinoSan Bernardino, CaliforniaSan Bernardino is a city located in the Riverside-San Bernardino metropolitan area , and serves as the county seat of San Bernardino County, California, United States...
, and YucaipaYucaipa, CaliforniaYucaipa is a city located east of San Bernardino, in San Bernardino County, California, United States. The population was 51,367 at the 2010 census, up from 41,207 at the 2000 census...
, Los Angeles CountyLos Angeles County, CaliforniaLos Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
, the Coachella ValleyCoachella ValleyCoachella Valley is a large valley landform in Southern California. The valley extends for approximately 45 miles in Riverside County southeast from the San Bernardino Mountains to the saltwater Salton Sea, the largest lake in California...
Association of Governments, and numerous individual elected officials.
External links
- California Desert Protection Act of 2010 - Full text of legislation.
- California Desert Protection Act Overview Map - Map of affected areas.
- Campaign for the California Desert - Maintained list of supporters of the of California Desert Protection Act of 2010.