SUMMARY OF THE LOS PADRES CONSERVATION & RECREATION ACT OF 2012 prepared by Los Padres ForestWatch

On February 29, 2012, Congressman Elton Gallegly introduceed the Los Padres Conservation and Recreation Act of 2012 (“LPRCA”). Before the bill becomes law, it must bee approved by the House Committee on Natural Resources, a companion bill must be approved in the Senate, and then the final version of the bill must be signed by the President.

The bill proposes five actions that would change how the Loss Padres National Forest is managed in Santa Barbara and Ventura counties: (1) it extends existing wilderneess boundaries by a total of 63,576 acres; (2) it establishes an 18,520‐acre Condor Ridge Scenic Area; (3) it adds 89 miles of backcountry rivers and streams to the national Wild and Scenic Rivers system; (4) it establishes two “OHV Areas” totaling 65,833 acres and three new OHV trails totaling 20 miles; and (5) it mandates a land exchange between the U.S. Forest Service and a local water district.

The details of each of these issues are summarized below:

1. WILDERNESS ADDITIONS

Section 101 of the LPRCA would extend the boundaries of three existing wilderness areas in the Los Padres National Forest, including:

 Dick Smith Wilderness (34,554 acres added, Santa Barbara & Venntura counties) – The bill would extend the southern boundary of the Dick Smith Wilderness to include the headwaters of Indian and Mono creeks, tributaries to the in Santa Barbara County. The U.S. Forest Service has classified these lands as “Areas of High Ecological Signnificance,” and has formally recommended them for wilderness designation. The bill also includes a small boundary extension eastward to include Bear Canyon, near Scenic Highway 33 in Ventura County.

(15,382 acres added, Ventura County) – The bill would extend the northern boundary of the Matilija Wilderness to include the headwaters off Sespe Creek near Potrero Seco. The U.S. Forest Service has formally recommended this area for wilderness designation. The bill would also extend the wilderness eastward to include Dry Lakes Ridge, where seasonal ponds provide habitat for several unique relict plant species and remant stands of ponderosa pines.

(13,640 acres added, Ventura Counnty) – The bill would extend the existing wilderness boundary westward to encompass lands between the Potrero John Trail and the Middle Sespe Trail, including the south face of Pine Mountain. It would also fill in three smaller gaps in the existing wilderness boundary – Boulder Canyon, Upper just downstream from the Fishbowls, and the area surrounding Thorn Meadows.

2. CONDOR RIDGE SCENIC AREA

Section 301 of the LPRCA would establish an 18,520‐acre Condor Ridge Scenic Area along the crest of the Gaviota Coast in Santa Barbara County – an area that represents what is perhaps the last remaining opportunity to establish a new, stand‐alone protected area in the Los Padres National Forest. The area includes the southern, ocean‐facing side of the Santa Ynez Mountains between Refugio Canyon to the west, and Ellwood Canyon to the east. It also encompasses the northern side of the range, with views overlooking Lake Cachuma, the Santa Ynez Valley wine country, and the Santa Barbara backcountry. The area also contains habitat for rare plants that are found nowhere else on Earth, and provides an important backdrop to many local farms and ranches. The Scenic Area would only include national forest lands, not adjacent private lands or private inholdings.

The bill would prohibit any uses that are inconsistent with the purpose of the Condor Ridge Scenic Area to “conserve, protect, and enhance the outstanding ecological, geological, scenic, recreational, archaeological, cultural, historic, and other resources of the scenic area.” The bill specifically states that the designation would have no impact on trail maintenance or construction, wildfire operations, or any other existing uses of the area (including water wells for local farms and ranches).

The bill requires the U.S. Forest Service to prepare a management plan for the Scenic Area within three years, including measures to address extensive OHV trespass that currently occurs along West Camino Cielo Road.

3. WILD & SCENIC RIVERS

Section 201 of the bill would add 89 miles of rivers and streams in the Los Padres National Forest to the national Wild and Scenic River system, including:

 Indian Creek (14.7 miles, Santa Barbara County) – The Indian Creek watershed drains much of the existing Dick Smith Wilderness, includes a primitive trail and several backcountry camps. The area includes a rich concentration of Native American rock art, and provides habitat for several threatened and endangered species, including arroyo toads and red‐legged frogs.

 Mono Creek (24.2 miles, Santa Barbara County) – The Mono Creek watershed encompasses the major addition to the Dick Smith Wilderness described above. It too includes a primitive trail and several backcountry camps, as well as striking rock formations and important habitat. Mono Creek empties into the Santa Ynez River near Gibraltar Reservoir, and is the source of clean drinking water for tens of thousands of local residents.

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 Upper Sespe Creek (11.5 miles, Ventura County) – The bill would formally protect an upper segment of Sespe Creek, from the confluence with Chorro Grande Creek to the confluence with Rock Creek. The U.S. Forest Service has formally recommended this stretch of creek for protection under the Wild & Scenic Rivers Act. The lower 31.5 miles of Sespe Creek was added to the national Wild and Scenic Rivers system in 1992.

 Upper Piru Creek (38.5 miles, Ventura County) – The bill would formally protect the upper half of Piru Creek, from its headwaters to the confluence with Buck Creek upstream of Pyramid Lake. The U.S. Forest Service has formally recommended this stretch of creek for protection under the Wild & Scenic Rivers Act.

These streams and rivers would be added to the nation’s Wild & Scenic River system, which was established by the Wild and Scenic Rivers Act of 1968. The Act protects our nation’s rivers that possess “outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values” and preserves them in their free‐flowing condition. The protections afforded by the Act include the river itself, as well as a ¼ mile buffer on either side.

4. OHV AREAS AND TRAILS While protecting certain lands and rivers in the Los Padres National Forest, the bill also contains several other provisions that are unnecessary, controversial, costly, and potentially environmentally harmful, and ForestWatch opposes their inclusion in this bill.

For example, Section 401 would require the Forest Service to allow motorized OHVs on 69 miles of roads that have been closed for several decades because of law enforcement and public safety issues, wildfire risk, and to protect sensitive historic and biological resources. Specifically, the following roads would be opened to motorized OHVs:

 McKinley Fire Trail (Santa Barbara County, 21 miles) – This fire road extends from Cachuma Saddle and eventually becomes a narrow trail before intersecting with Buckhorn Road, which is currently opened to ATVs and dirtbikes. This provision would allow motorized access to the old Santa Cruz Guard Station, a historic ranger cabin that is popular with mountain bikers, hikers, and equestrians and is used as a staging area for backcountry trail maintenance projects.

 Pendola Jeepway (Santa Barbara County, 10 miles) – This road bisects two pristine Inventoried Roadless Areas, and would increase fire risk to the adjacent watershed that feeds Jameson Lake, the water supply for tens of thousands of south coast residents. The bill would open this road to high‐clearance vehicles.

 Hildreth Jeepway (Santa Barbara County, 17 miles) – This road bisects two pristine Inventoried Roadless Areas and runs along the boundary of one of the proposed additions to the Dick Smith Wilderness. The bill would open this road to high‐clearance vehicles.

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 Arroyo Burro Road (Santa Barbara County, 5 miles) – This road extends from East Camino Cielo to Paradise Road, and would be opened to street‐legal vehicles. The road is popular with equestrians and hikers who stay at the adjacent Rancho Oso Guest Ranch. The northern terminus of this road crosses the Santa Ynez River, and the Forest Service does not even use this portion of the road for administrative use because it crosses through critical habitat for federally‐protected wildlife.

 Potrero Seco Road (Ventura County, 13 miles) – This road is currently opened from Highway 33 to the gate at Monte Arido, via a permit system designed to reduce the amount of illegal OHV trespass that the area historically received. This road has been closed since 2011 due to extensive storm damage. The bill would open this road to high‐clearance vehicles from the Hildreth Jeepway to Murietta Junction, requiring the Forest Service to install several costly gates on adjacent roads to prevent OHV trespass.

 Cherry Creek Road (Ventura County, 3 miles) – This road is currently closed to public motorized use from November through August each year to protect endangered steelhead, as the roadbed passes through Sespe Creek. This closure also significantly reduces the amount of illegal target shooting in this area, which was banned by court order last year due to the amount of trash left behind.

These road openings are required without any environmental studies, and would conflict with how the Forest Service currently manages these roads as public non‐motorized trails. Opening these roads will require routine road maintenance, regular law enforcement presence, and increased search and rescue operations, all of which are costly for an agency that is already facing severe budget cuts. Moreover, opening these roads would likely increase wildfire risk and would potentially harm sensitive historic and biological resources that occur near the roads.

Second, the bill would establish two formally‐designated “OHV Areas” in the Ventura backcountry “to expand the off highway vehicle trail system in the Los Padres National Forest and increase the recreational value of the system.” The bill would also require the U.S. Forest Service to evaluate the feasibility of constructing three new OHV trails. All of the new OHV Areas and trails would be in Ventura County, and total 65,833 acres and 20 miles, respectively, including:

 Ballinger Canyon OHV Area (20,063 acres) – The bill would formally designate Ballinger Canyon – which receives heavy OHV use and has dozens of miles of OHV trails – as an OHV Area. The boundary of the new OHV Area comes within one‐half mile of the Bitter Creek , the hub of the Condor Reintroduction Program where condors are released into the wild. This buffer should be enlarged to protect condor nesting, roosting, and foraging areas. The OHV Area boundary also intrudes into an adjacent Inventoried Roadless Area where no OHV trails currently exist; this expanded area should be removed from the bill.

 Mt. Pinos OHV Area (45,770 acres) – The bill would formally designate a large portion of the Mt. Pinos Ranger District as an OHV Area. The boundary of the new OHV area includes a few remote, lightly‐used roads and trails that are currently open to OHV use during certain times of

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the year. The OHV Area would extend from the adjacent Hungry Valley State Vehicular Recreation Area on the east, to the existing Sespe Wilderness on the south, to Lockwood Creek on the west, and to Frazier Mountain on the north. If an OHV Area is to be formally recognized in this area, then the boundaries of such an area should be reduced to accurately reflect the current extent of existing OHV use, and to avoid all ecologically sensitive areas.

While ForestWatch does not oppose the formal recognition of these OHV Areas, we cannot support them until certain necessary boundary adjustments are made and formal plans are prepared for each area (with public involvement). Such a plan would identify any measures necessary to prevent forest damage, would ensure that adequate resources exist to properly manage these areas, and would guarantee that adequate law enforcement is available to accommodate the anticipated increase in use that these areas would receive. We believe that it is fiscally and environmentally irresponsible to designate these areas without such a plan in place.

Third, Section 403 of the bill requires the U.S. Forest Service to construct three new OHV trails in the Ventura County portion of the Los Padres National Forest. Specifically, the bill mandates the following new motorized routes:

 Divide Peak Trail (1 mile) – The bill would extend the Divide Peak OHV Trail one mile so that ATVs and dirtbikes could connect with Potrero Seco Road at Murietta Divide.

 Mil Potrero Highway – Ballinger Canyon Connector (1 mile) – This new route would create a new entrance to the Ballinger Canyon OHV Area, connecting Mil Potrero Highway with a nearby existing OHV trail.

 Ballinger OHV – Mt. Pinos OHV Connector (18 miles) – This new route would traverse very rugged terrain and connect the two newly‐established OHV areas. The proposed route would cut through two federally protected Inventoried Roadless Areas that conservation groups have proposed for wilderness designation. Construction of this OHV route would eliminate these areas from future wilderness consideration, and would validate the ongoing illegal OHV trespass that currently occurs there.

Before opening any new OHV route, the bill requires the U.S. Forest Service to prepare a feasibility study. Such studies must be completed within 18 months after the bill becomes law, subject to the availability of funds for this purpose. If, after preparing such a study, the Forest Service determines that any of these new OHV routes are feasible and in the public interest, then the bill mandates that they be constructed. It will be quite costly to study, construct, maintain, and police these new motorized OHV routes, at a time when the Forest Service is suffering from severe budget cuts.

ForestWatch is opposed to these provisions because the Forest Service does not have proper staffing and funding to adequately manage its existing off‐road route system. Adding new routes (and preparing the required feasibility studies) would further stress an already‐overburdened agency.

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5. LAKE PIRU LAND EXCHANGE

Section 502 of the LPCRA mandates a land exchange between the U.S. Forest Service and the United Water Conservation District. Under this land exchange, the federal government would give away 440 acres of public lands in the Los Padres National Forest to the water district, including Blue Point Campground, a stretch of Piru Creek, several parcels of land along the lake’s shoreline, and all of the remaining publicly owned portions of the access road around the lake’s perimeter. In return, the U.S. Forest Service would receive 340 acres of land on a grassy hillside that is currently used for livestock grazing.

ForestWatch has consistently opposed this land exchange, and we continues to oppose it for the very same reasons. The land exchange is unfair and unequal – the public loses more acreage with higher biological and recreational values than it gains. Moreover, the exchange would reduce the water district’s responsibility to protect and restore steelhead and other protected species in the area. Finally, we are concerned that any land exchange involving this segment of Piru Creek would violate the national Wild & Scenic Rivers Act because Congress withdrew these parcels from “sale or other disposition” in 1992.

While ForestWatch has never been opposed to a reasonable land exchange involving certain parcels in this area, ForestWatch does have serious concerns that this proposed land exchange is unfair to the public and would reduce protections for endangered steelhead. On this basis, ForestWatch continues to oppose this land exchange as included in this bill.

6. CONCLUSION

The southern Los Padres National Forest has a rich heritage of strong wilderness bills that have permanently protected forest lands from development. In fact, the first wilderness to be established after passage of the initial Wilderness Act of 1964 was the in Santa Barbara County. Bipartisan bills in 1978, 1984, and 1992 added to the forest’s wilderness legacy.

ForestWatch will work to ensure that this bill and future bills fulfill the vision set forth in the 1964 Wilderness Act to “secure for the American people of present and future generations the benefits of an enduring resource of wilderness.” It is important that any legislative efforts regarding the Los Padres National Forest result in strong protections for all wilderness‐quality lands and the benefits they provide to our communities – clean water, outdoor recreation opportunities, tourism dollars, and wildlife habitat.

ForestWatch will work with members of Congress to ensure that the concerns outlined above are addressed as the bill travels through the legislative process. The Los Padres National Forest has a rich heritage of strong wilderness bills that have permanently protected forest lands, and ForestWatch is dedicated to ensuring that this and all future wilderness efforts are in keeping with this longstanding tradition.

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