HR 177

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IN THE HOUSE OF REPRESENTATIVES

January 3, 2025

Mr. McClintock (for himself, Mr. Calvert, Mr. LaMalfa, and Mr. Valadao) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Act of December 19, 1913 (38 Stat. 242), to expand access to the Hetch Hetchy Reservoir and Lake Eleanor Basin areas for recreational purposes, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Yosemite National Park Equal Access and Fairness Act”.

SEC. 2. EXPANSION OF ACCESS TO HETCH HETCHY RESERVOIR AND LAKE ELEANOR BASIN AREAS FOR RECREATIONAL PURPOSES.

(a) In General.—The Act of December 19, 1913 (38 Stat. 242), is amended—

(1) in section 7—

(A) in the first sentence—

(i) by striking “$30,000” and inserting “$2,000,000”; and

(ii) by inserting “and adjusted annually to reflect increases in the Consumer Price Index for All Urban Consumers” after “July of each year”;

(B) by inserting “The grantee may not recoup said sums from wholesale water or power customers of the grantee.” after the first sentence; and

(C) in the second sentence, by inserting “and wildfire mitigation activities” after “other improvements”; and

(2) by inserting after section 11 the following:

“SEC. 12. RECREATIONAL ACTIVITY.

“(a) In General.—The Secretary of the Interior, acting through the Director of the National Park Service (in this section referred to as the ‘Secretary’), shall administer the Hetch Hetchy Reservoir and Lake Eleanor Basin areas—

“(1) for public recreation, benefit, and use;

“(2) to the extent practicable, in a manner that will preserve, develop, and enhance the public recreation capacity of each such area; and

“(3) in a manner that will preserve the features of each such area that are scenic, historic, scientific, or otherwise important.

“(b) Recreational Activities.—Subject to such limitations, conditions, and regulations as the Secretary determines necessary, the following activities shall be allowed within the Hetch Hetchy Reservoir and Lake Eleanor Basin areas for recreational purposes if such activities are not inconsistent with the designated primary or recreational use of each such area:

“(1) Swimming.

“(2) Use of non-motorized watercraft.

“(3) Camping in and around each such area if such camping is not below the respective ordinary high-water marks of each such area.

“(4) Picnicking in and around each such area.

“(5) Other recreational activities the Secretary determines appropriate.

“(6) Use by motorized and non-motorized vehicles of roads required to access each such area to conduct activities described in this subsection if such use has no negative effect on the operation or maintenance of any facility associated with a dam within each such area.”.

(b) Report.—Not later than 1 year after the date of the enactment of this section, the Secretary of the Interior, acting through the Director of the National Park Service, shall submit to the appropriate congressional committees a report that includes the following:

(1) An analysis of whether the original intent in the Act of December 19, 1913 (38 Stat. 242), regarding access to the Hetch Hetchy Reservoir and Lake Eleanor Basin areas for recreational purposes has been followed since such areas were created.

(2) An analysis of how revenue collection and the allocation of funds related to the administration of the Hetch Hetchy Reservoir and Lake Eleanor Basin areas can be carried out to best provide equitable access to such areas for recreational purposes by the public, including consideration of—

(A) maintenance and support costs of such areas, including—

(i) trail maintenance;

(ii) road improvements; and

(iii) wildfire prevention and suppression; and

(B) ways to mitigate such costs, including—

(i) adjusting the prices charged for water and power generated by the Hetch Hetchy Water and Power System created by the Act of December 19, 1913 (38 Stat. 242);

(ii) treating the City of San Francisco as a concessioner; and

(iii) adding to the annual rental fee charged to the City of San Francisco by section 7 of the Act of December 19, 1913 (38 Stat.

242), the annual monetary value of the benefits that would be lost if such areas had not been created, including consideration of—

(I) recreational activities; and

(II) flood control. <all>