San Gabriel Mountains Foothills and Rivers Protection Act

Frequently Asked Questions

Overview

The San Gabriel Mountains Foothills and Rivers Protection Act has three objectives:

1. Expand the boundaries of the San Gabriel Mountains National Monument to include the Western

areas of the Angeles National Forest

2. Establish a National Recreation Area (NRA) along the Foothills and San Gabriel River corridor

3. Establish new wilderness areas and designate Wild and Scenic Rivers

San Gabriel Mountains National Monument Expansion:

Why do these new areas of the San Gabriel Mountains need additional protection?

The Western areas of the San Gabriel Mountains are one of the most visited places in the Angeles

National Forest. What many people don’t realize is just how much strain this area is under to keep up

with the growing demand for outdoor space and recreation. The Los Angeles area is one of the most

park poor regions of the country. As a result, the Mountains are one of few places Angelenos can enjoy

the outdoors, but they are under immense stress from overuse. Much of this area was burned in the 2009

Station Fire.

There is persistent trash, graffiti, safety hazards, and few visitor facilities and services in the Mountains.

These conditions increase fire dangers, decrease water quality, and threaten the diverse ecology and

other features that make these mountains unique in the world.

Why were these areas left out of the Presidential National Monument proclamation?

The authority given to the president under the Antiquities Act limits the total area that can be protected,

requiring the most minimal boundary necessary to protect the outstanding natural, historic and scientific

resources. The western area of the Angeles National Forest contains significant infrastructure (roads,

dams, etc.), and the Administration felt this limited their ability to protect this area within its limited

authority. Congress has the ability to expand this boundary with its broader authority.

Are you asking the President to declare a National Monument?

No, this is congressional legislation that will ultimately make its way to the president after first moving

through Congress. A national monument can be designated in two ways - with the authority Congress

gave the president under the Antiquities Act, or directly by Congress. It is not uncommon to see national

monuments expanded by Congress.

What is a National Monument and how is it different from a National Recreation Area (NRA)?

A national monument is very similar to a national recreation area but applies only to lands federally

managed, in this case, by the United States Forest Service.

Both designations uphold and protect water rights, property rights, land use rights, etc. Both enhance

conservation and improve management of areas with special ecological, cultural, historic, and

recreational value through more resources, education, and public engagement. Both allow a wide range

of recreational activities.

What are the benefits of a National Monument?

As we have seen over the past years since its designation, the San Gabriel Mountains National

Monument status has helped prioritize the area within the U.S. Forest Service budget and brought with it

new and critical resources. Expansion of the National Monument will provide additional resources and

protections to the western areas of the San Gabriel Mountains, which will give families more sustainable

recreational opportunities so that they can enjoy the mountains now and preserve them for generations to

come.

A national monument will protect water quality by applying more resources toward preventing trash and

pollution in and along the rivers.

A national monument will also have a positive economic effect. Numerous studies have shown that

recreational spaces increase property value and increase revenues for local businesses as well as cities.

A national monument can create opportunities for urban families, youth, veterans, and minorities to

enjoy outdoor activity and learn about nature and the history and ecology of the mountains. They will

learn how to preserve and protect the environment, and participate in empowering work and volunteer

opportunities.

Under a monument designation, where does funding come from for improvements?

Ultimately, budgets are about priorities and a national monument status allows the Forest Service to

permanently prioritize our region when allocating resources. The U.S. Forest Service has long operated

with a tight budget and as a result the Agency continually has to shift resources around to meet all its

responsibilities. In the first year alone, the San Gabriel Mountains National Monument received three

million dollars in additional federal funding; this is expected to continue.

Since being elevated to the status of a national monument, the U.S. Forest Service was also able to raise

funds through private-public partnerships, apply for grants, and potentially increase support from

foundations. Over four million dollars was raised in private funds in the first year of the monument.

How are water and property rights protected under a National Monument?

Monument designations only apply to federal lands, not state, local, or private lands. They do not affect

state, local, or private property in and around the monument boundaries. The do not create additional

land use or regulatory authorities. They do not create new water rights or alter existing ones. They do

not affect existing uses of the area.

Additionally, the administration used language, crafted with extensive local input, as a foundation for a

national monument proclamation. This preserves existing water and property rights.

If I live in the mountains or would like to hike, hunt, fish, cycle, run marathons, ride off-highway

vehicles in the mountains, am I able to continue to do so?

Yes. These are kinds of activities that a national monument is designed to preserve. With increased

resources and public education, these activities would even be enhanced as the mountains are better

managed, cleaner, and safer. Monument designations do not affect existing uses of the area.

San Gabriel National Recreation Area:

What is a National Recreation Area?

A National Recreation Area (NRA) is a designation originally given to lands around reservoirs with

water-based recreation. NRAs safeguard recreational opportunities, and help ensure sustainable

management.

The NRA designation has been broadened to include other outdoor areas, particularly those in or near

urban centers. Each NRA designation is unique, and recreational activities like boating, fishing and

hunting are often explicitly authorized in its authorizing legislation.

Why do we need an NRA to protect this area?

San Gabriel Foothills – The San Gabriel foothills are the gateway to the mountain range and some of

the best places to recreate for our communities and a critical buffer zone between urban and wild places.

However, persistent trash, graffiti, and safety issues increase fire dangers, decrease water quality, and

threaten the ecology and unique habitats of the foothills. Resources are needed to make sure people can

still enjoy this open space while also maintaining it.

River Corridors and Puente Hills – The river corridors and Puente Hills provide important ecological

connections to the mountains. But parks in these urban areas are few and far between, and lack the

resources to adequately provide opportunities for residents to walk, jog, bike, picnic, or enjoy other

outdoor recreational activities.

Economic Value and Resources – Numerous studies have shown that recreational spaces increase

property value and increase revenues for local businesses. An NRA designation could bring the kind of

resources and recognition that places like Santa Monica and the West Side already enjoy.

Public Health and Environmental Justice – Los Angeles is the most park-poor region in the United

States. In fact, New York City has more park space than L.A. Lack of recreational opportunities – large

or small – has severe impacts on urban populations struggling with obesity, diabetes, heart disease, and

chronic illness. Opportunities to enjoy outdoor activity are vital for public health and the well-being of

people of all ages and walks of life.

What are the benefits of the NRA?

The NRA will allow the National Park Service to contribute to community-based, community-driven

projects. For example, it can help cities create more pocket parks and walking paths among their

communities, as well as access points to existing trails and bike paths. It can help improve signage, and

increase education about the environment, fire safety, the special history of the region, and more.

These are just some ideas. Ultimately, the establishment of the Partnership and Advisory Committee and

public engagement activities will ensure YOU have the final say in the management.

Who will be in charge of managing and governing the NRA?

You will. This began as a local effort, and Rep. Chu will keep it that way. The NRA would be managed

by a partnership of local, state, and federal representatives. The study suggested some examples of

entities that could be included, but the details of how this partnership is structured will be decided

through local input and ongoing conversations with a range of local stakeholders. Partnership parks like

this are more and more common as they allow for various stakeholders to come together and work with

NPS resources to better manage urbanized areas for sustainable recreation.

What would the role of NPS be?

The National Park Service (NPS) would coordinate partnership-based activities through cooperative

management agreements, and provide educational, interpretive, law enforcement, and other services as

appropriate. Since NPS does not own any land in the watershed or the mountains, no matter what shape

the NRA takes moving forward, NPS will have no authority over the lands. Only through agreements

would NPS have the directive to take specific actions or lands that are acquired through purchase from

willing sellers.

Will Santa Monica Mountains NRA or the Santa Monica Mountains Conservancy be in charge?

No. In fact, Rep. Chu believes the San Gabriel Watershed and Mountains are unique and deserve to be

their own separate and independent unit. Rep. Chu has heard loud and clear from many constituents and

stakeholders so far that you do not want Santa Monica Mountains NRA or the Santa Monica Mountains

Conservancy to be involved in a San Gabriel NRA.

What is a Special Resource Study?

A Special Resource Study (SRS) is a study requested by Congress and conducted by the National Park

Service (NPS) to determine if an area is qualified to be a unit of the National Park System. Congress

requested the San Gabriel Watershed and Mountains Special Resource Study. NPS completed the study

after nearly ten years of research and public comment.

Where can I find a copy of the Study, background, and information about the study area and the

study process?

https://parkplanning.nps.gov/showFile.cfm?projectID=12203&filename=sangabriel%5Fsrs%5Fnewslett

er4%2Epdf&sfid=65310

Was the public allowed to see the Study and provide comments while it was going on?

Yes. The study began by seeking local input and reviewing existing local plans for the area. An initial

series of suggestions, called alternatives, were presented to the public and comments were taken over a

period of several months. Over 5,000 people commented at that time. Based on those comments, the

National Park Service (NPS) developed a revised set of alternatives and again submitted them for public

review. Public town halls were held throughout the study area, and over the course of several months,

NPS received an additional 12,000 comments. Ninety-five percent of the responses supported

Alternative D, which recommended creating an NRA that includes the San Gabriel Mountains, river

corridor, and Puente Hills.

Once the study was completed, Rep. Chu undertook an extensive public outreach process in 2013 and

2014 to determine what various stakeholders wanted to see in a San Gabriel NRA. Rep. Chu engaged in

this process before drafting legislation. She hosted stakeholder roundtables with elected officials, water

and public works agencies, business entities, and environmental groups. She held a large public town

hall meeting for constituents from all over the San Gabriel Valley to voice their opinions and concerns.

She had extensive conversations with the San Gabriel Valley Council of Governments, as well as regular

discussions with water agencies, non-profit groups, city councils and elected official, chambers of

commerce and business representatives, utilities and sanitation, county officials from Los Angeles and

San Bernardino, homeowners, and recreational groups. As a direct result of the feedback she received

from her public outreach, Rep. Chu drafted legislation for the NRA that ensures a continuation of

property rights, local land control, water rights, fire management and several other priorities.

What is allowed/prohibited in a NRA?

Recreational activities, such as hiking, camping, cycling, boating, fishing, and hunting are allowed in

most NRAs. A wide range of recreational activities can be explicitly authorized in the legislation that

establishes a particular NRA. The legislation creating each NRA is unique to the local needs and uses of

the area. Many more activities are allowed in NRAs than are often allowed in National Parks, for

example.

How will the NRA protect my rights?

The National Park Service (NPS) does not own any land in the area under consideration for the NRA, so

NPS has no authority to impose or alter rights, jurisdictions, policies, regulations, ownership, access, or

uses. Local landowners will not have to ask NPS for permission to sell, lease, or access their own lands,

expand their own homes, businesses, or facilities, operate their facilities, etc.

How will Rep. Chu ensure the National Recreation Area protects my rights?

The language in this bill was developed after years of input to ensure that:

• Agencies and organizations (and all others) that own and manage land within a San Gabriel NRA

will continue to manage their lands according to their own policies and regulations.

• Local governments, businesses, and private citizens will retain ownership over property and

authority over land use whether they are in or near the NRA boundaries.

• NPS will not have the authority to regulate the way lands are used or impose its policies on lands

it does not own, and NPS does not own any land in the proposed NRA boundaries.

• The NRA designation will not impact local land use authority over private lands or any lands the

Nation Park Service does not own.

• The NRA will NOT establish additional regulatory or land use authorities over local

governments.

• NRAs are subject to existing water rights so all existing water rights will remain intact and

unaffected.

• Legislation will ensure the NRA designation does NOT impact infrastructure for flood control,

protection, storage, and transportation of water, treatment of water and wastewater, management

of solid waste or utilities.

• Management of water supply and treatment plants will continue under current authorities.

• The NRA will not include new or future beneficial uses or requirements for water supply, water

quality, or air quality regulations.

• Eminent domain will not be used for land acquisition.

Designation of Wilderness Areas and Wild and Scenic Rivers

What new Wilderness areas will be established by this bill?

The proposed wilderness areas include 2,027 acres of additions to the San Gabriel Wilderness, 13,851

acres of additions to the Sheep Mountain Wilderness, and two new areas: the Yerba Buena Wilderness

(6,774 acres) and Condor Peak Wilderness (8,417). This comprises 31,069 acres of wilderness in sum.

The areas being considered for wilderness designation were originally inventoried by the Forest Service

in the 1970s. Since the time when they were originally identified, they have been exhaustively and

repeatedly studied by the Forest Service. Several of the areas have been recommended by the Forest

Service for wilderness designation, and the agency is again evaluating other areas for potential

wilderness designation.

• Condor Peak Wilderness

o Located in the Lower and Upper Big Tujunga Watersheds, this designation preserves

8,417 acres of public lands. The unit rises abruptly from 1,800 feet on its southern flanks

to over 6,000 feet at its northern boundary near Mt. Gleason. It is hoped that the

California Condor will return to this area part of its historic habitat.

• Yerba Buena Wilderness

o Preserve one of the most spectacular undeveloped landscapes in the San Gabriel

Mountains (6,774 acres). This area offers opportunities for solitude in a natural setting

and a variety of recreational experiences.

• San Gabriel Wilderness Additions

o This adds 2,027 acres to the existing San Gabriel Wilderness encompassing areas with

dramatically rising slopes and a variety of flora and fauna. The San Gabriel Wilderness

Additions encompasses a portion of the San Gabriel River watershed, which is an

important source of clean drinking water.

• Sheep Mountain Wilderness Additions

o Adds 13,851 acres to the established Sheep Mountain Wilderness. The Sheep Mountain

Wilderness Additions are contiguous with the existing wilderness and add important

landscapes to the wilderness area’s northwest and southwest/southern flanks. These

additions include several tributary canyons of the San Gabriel River, a portion of the San

Gabriel Mountains crest between Mt. Baden Powell and Mt. Hawkins. The area is home

to wildlife including its namesake Nelson Bighorn Sheep.

What is Wilderness?

Wilderness is a designation that seeks to protect remaining tracts of “relatively undisturbed” Forest

Service land. The purpose is to maintain these lands as untouched and wild as possible. All wilderness

designations can be made only by Congress and in accordance with the Wilderness Act, which was

signed into law in 1964 by President Johnson. The rules that apply to wilderness only apply inside that

Wilderness area, not beyond it or surrounding communities. Wilderness prohibits many activities, like

use of motorized vehicles, that are permitted and encouraged in a National Monument.

What activities are allowed/prohibited in a Wilderness rea?

Many types of recreation are permitted in wilderness area including: hiking, camping, hunting, fishing,

outfitting and guiding, kayaking, canoeing, rafting, swimming, backpacking, horseback riding, pack

trips, wheelchairs (including motorized wheelchairs), skiing, snow-shoeing, bird-watching, scientific

research and nature study, control of fire and insect and disease outbreaks, livestock grazing, mining on

pre-existing claims, and continued use, with reasonable access, of tracts of private or state land that may

be within the boundaries of some wilderness areas.

Prohibitions usually include commercial activities, use of motorized vehicles and mechanized transport

(including mountain bikes), road construction, new mining claims, and human infrastructure. These are

largely absent to begin with for the area to qualify as a wilderness. However, there are several

exceptions to these prohibitions, such as measures to control fires, insects, and diseases; and commercial

recreation activities.

How does Wilderness affect existing rights?

Wilderness designations are subject to valid existing rights. This includes mining claims, water rights,

grazing permits, and other valid existing rights.

How does Wilderness affect private property?

Wilderness designation applies only to federal lands and does not affect private or other non-federal

property. There is no buffer around wilderness, and wilderness designation does not affect the use of

land outside the wilderness.

How does Wilderness affect fire prevention and suppression?

The Wilderness Act says that any means necessary may be used to protect against and control fire as

well as insects and disease. While managers will attempt to fight fires in a way that preserves the area’s

wilderness character, protecting life and property remains the top priority.

Why consider new wilderness? Are these lands threatened?

Southern California’s growing population needs a place to get away from it all and wilderness

designation ensures that the land remains the way it is for everyone to enjoy. These lands are not

currently threatened, and wilderness will ensure that they will stay that way. Wilderness also delivers

many other benefits like providing a home for wildlife, delivering clean air and water, and strengthening

the local economy.

Will wilderness impact water rights?

Wilderness designation does not affect existing rights, including water rights. In some cases, land

managers can secure water rights needed to protect wilderness in accordance with state and federal law.

However, such actions are rare and may not affect existing rights. In the San Gabriel Mountains, the

areas being considered for wilderness area are upstream of all existing water uses. We are committed to

ensuring that wilderness designation does not affect any existing or anticipated water use.

Does the public support new wilderness?

Yes. In Forest Service planning processes dating as far back as the 1980s, thousands of people have

commented in favor of protecting new wilderness areas. In the most recent National Recreational Area

study, 95% of the more than 12,000 comments received by the Park Service supported designating new

wilderness in the San Gabriel Mountains.

What new Wild and Scenic Rivers will be established by this bill?

The additions to the Wild & Scenic River system include all three forks of the San Gabriel River (25.3

miles) and Little Rock Creek (20.2 miles).

• East, West and North Forks of the San Gabriel River

o Protect 25.3 miles in the forest’s largest watershed and the source of clean drinking water

for Los Angeles County. All three forks support rare native fish populations. Easily

accessible segments of the East Fork and North Fork provide outstanding family

recreation opportunities, including picnicking, wading, and camping. The upper West

Fork is the route of the Gabrieleno National Recreation Trail and the upper East Fork

offers unique backcountry hiking, backpacking, and wild trout fishing.

• Little Rock Creek

o Preserve 20.2 miles in this secluded and crystal-clear northern creek, which flows from

the San Gabriel Mountains high country to the Mojave Desert.

What are Wild & Scenic Rivers?

Wild and scenic rivers are another type of designation that, similar to wilderness, are intended to help

preserve the remaining free-flowing parts of rivers. The Wild and Scenic Rivers Act of 1968 established

this policy to complement the construction of dams and other structures along waterways. The act

created three types of wild and scenic rivers:

• Wild rivers — free from impoundments (dams, diversions, etc.) and generally inaccessible

except by trail, where the watersheds (area surrounding the rivers and tributaries) are primitive

and the shorelines are essentially undeveloped;

• Scenic rivers — free from impoundments and in generally undeveloped areas, but accessible in

places by roads.

• Recreational rivers — readily accessible by road, with some shoreline development, and

possibly subject to some impoundment or diversion in the past.

What activities are allowed/prohibited in a Wild and Scenic River area?

Management of wild and scenic rivers is less restrictive than wilderness. Road construction, hunting and

fishing, and mining and mineral leasing may be permitted, as long as they don’t violate other existing

federal or state laws. Restrictions vary with the class of the designated river. Generally, wild rivers have

the highest level of protection in terms of development and water resource use, scenic rivers an

intermediate level, and recreational rivers the least restrictive.

How does a Wild & Scenic Rivers designation affect existing rights?

The federal government must cooperate with state and local governments, as well as land owners, in

developing management plans for the area. The Wild and Scenic Rivers Act also limits eminent domain,

and the federal government has never used this for wild and scenic rivers in California.

Does Wild & Scenic protection affect existing water rights?

No, the state's authority to regulate water rights remains unaffected by designation. There is a federal

water right conferred by designation, but it begins at the date of designation and is junior to all other

existing rights. To assert this right, the managing federal agency must apply to the appropriate state

water rights agency and any decision would follow existing state water rights procedures and established

rule of law. To acquire water rights, federal agencies would have to pay fair market value. This

legislation explicitly states that federal protection will not affect downstream water projects. There are

currently no upstream water projects.