2005 California Public Resources Code Sections 5093.30-5093.40 CHAPTER 1.3. CALIFORNIA WILDERNESS PRESERVATION SYSTEM ...

5093.30.  This chapter shall be known and may be cited as the
California Wilderness Act.
5093.31.  In order to assure that an increasing population,
accompanied by expanding settlement and growing mechanization, does
not occupy and modify all areas on state-owned lands within
California, leaving no areas designated for preservation and
protection in their natural condition, it is hereby declared to be
the policy of the State of California to secure for present and
future generations the benefits of an enduring resource of
wilderness.
5093.32.  As used in this chapter:
   (a) "Roadless area" means a reasonably compact area of undeveloped
land which possesses the general characteristics of a wilderness, as
described in subdivision (c) of Section 5093.33, and within which
there is no improved road that is suitable for public travel by
motorized vehicles intended primarily for highway use.
   (b) "Secretary" means the Secretary of the Resources Agency.
   (c) "System" means the California wilderness preservation system.
   (d) "Wilderness areas" means component areas of the system as
described in Section 5093.33.
5093.33.  (a) There is hereby established a California wilderness
preservation system to be composed of state-owned areas designated by
the Legislature as "wilderness areas" and units of the state park
system classified as "state wildernesses" by the State Park and
Recreation Commission pursuant to Article 1.7 (commencing with
Section 5019.50) of Chapter 1, and these shall be administered for
the use and enjoyment of the people in such manner as will leave them
unimpaired for future use and enjoyment as wilderness, provide for
the protection of such areas, preserve their wilderness character,
and provide for the gathering and dissemination of information
regarding their use and enjoyment as wilderness.  No state-owned
areas shall be designated as "wilderness areas" except as provided
for in this chapter or by subsequent legislative enactment.
   (b) Notwithstanding the inclusion of an area within the system, a
wilderness area shall continue to be subject to the jurisdiction of
the state agency or agencies having jurisdiction thereover
immediately prior to its inclusion in the system.  The secretary
shall adopt guidelines for the management of wilderness areas.  Each
state agency or agencies having jurisdiction over a wilderness area
shall adopt regulations for the management of such areas consistent
with the guidelines adopted by the secretary and the objectives of
this chapter.  Such regulations shall include provisions to protect
endangered or rare native plant and animal species.
   (c) A wilderness area, in contrast to those areas where man and
his own works dominate the landscape, is hereby recognized as an area
where the earth and its  community of life are untrammeled by man,
where man himself is a visitor who does not remain.  A wilderness
area is further defined to mean an area of relatively undeveloped
state-owned land which has retained its primeval character and
influence or has been substantially restored to a near natural
appearance, without permanent improvements or human habitation, other
than semi-improved campgrounds and primitive latrines, and which is
protected and managed so as to preserve its natural conditions and
which:
   (1) Appears generally to have been affected primarily by the
forces of nature, with the imprint of man's work substantially
unnoticeable.
   (2) Has outstanding opportunities for solitude or a primitive and
unconfined type of recreation.
   (3) Has at least 5,000 acres of land, either by itself or in
combination with contiguous areas possessing wilderness
characteristics, or is of sufficient size as to make practicable its
preservation and use in an unimpaired condition.
   (4) May also contain ecological, geological, or other features of
scientific, educational, scenic, or historical value.
5093.34.  (a) The following areas are hereby designated as
components of the system:
   (1) Santa Rosa Mountains State Wilderness, consisting of that
portion of Anza-Borrego Desert State Park in San Diego County within
the area encompassed by Townships 9 and 10 South and Ranges 4, 5, 6,
7, and 8 East, San Bernardino Base and Meridian, except that the
State Park and Recreation Commission shall establish the precise
boundary.
   (2) Mount San Jacinto State Wilderness in Mount San Jacinto State
Park in Riverside County consisting of approximately 9,800 acres and
including all of Sections 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27,
28, 29, 30, and 31, Township 4 South, Range 3 East, and all of
Section 6, Township 5 South, Range 3 East, except the SW 1/4 NW 1/4,
NW 1/4 SW 1/4, NE 1/4 SW 1/4, SW 1/4 SW 1/4, and SE 1/4  SE 1/4, San
Bernardino Base and Meridian.
   (3) The land in the Sinkyone Wilderness State Park after the
exchanges of land provided for in Section 6 of the act amending this
section at the 1979 -80 Regular Session of the Legislature, effective
upon approval of a general plan for the area by the State Park and
Recreation Commission, as required by Section 5002.45.
   (b) The following state school lands, currently under the
jurisdiction of the State Lands Commission, shall become components
of the system on January 1, 1977, unless exchanged with the federal
government for other lands pursuant to existing law prior to that
date:
   (1) Approximately 640 acres in Monterey County within the Ventana
Wilderness,  consisting of Section 16, Township 19 South, Range 2
East, Mount Diablo Base and Meridian.
   (2) Approximately 40 acres in Monterey County within the Ventana
Wilderness, consisting of the NE 1/4 NE 1/4 of Section 36, Township
19 South, Range 3 East, Mount Diablo Base and Meridian.
   (3) Approximately 80 acres in Monterey County within the Ventana
Wilderness, consisting of the SE 1/4 NW 1/4 and the SW 1/4  NE 1/4 of
Section 36, Township 19 South, Range 2 East, Mount Diablo Base and
Meridian.
   (4) Approximately 40 acres in Santa Barbara County within the San
Rafael Wilderness, consisting of the SE 1/4 NW 1/4 of Section 16,
Township 7 North, Range 27 West, San Bernardino Base and Meridian.
   (5) Approximately 80 acres in Siskiyou County within the Marble
Mountain Wilderness, consisting of the E 1/2 and the NW 1/4 of
Section 16, Township 41 North, Range 12 West, Mount Diablo Base and
Meridian.
   (6) Approximately 640 acres in Tehama County within the Yolla
Bolla Middle Eel Wilderness, consisting of Section 36, Township 27
North, Range 10 West, Mount Diablo Base and Meridian.
   Nothing herein shall preclude the State Lands Commission from
effecting exchanges of any such land described in subdivision (b)
with the federal government on or after January 1, 1977, for the
purpose of including the exchanged land in the national wilderness
preservation system.  Upon completion of any such exchange, any such
land described in subdivision (b) shall no longer be part of the
system.
5093.35.  (a) On or before January 1, 1978, the secretary, in
cooperation with each department within the Resources Agency, shall
review state-owned roadless areas under his jurisdiction as of
January 1, 1975, including, but not limited to, lands within the
state park system, state forests, and fish and game refuges,
reserves, sanctuaries, and other areas designated for the protection
of wildlife, but not including tide and submerged lands lying below
the mean high tide line, and shall report to the Legislature his
recommendations as to the suitability or nonsuitability of each such
area for preservation as state wilderness.
   (b) On or before January 1, 1976, the State Lands Commission shall
review state-owned roadless areas under its jurisdiction which have
been identified as possessing significant environmental values
pursuant to Section 6370.2, and shall report to the Legislature its
recommendations as to the suitability or nonsuitability of each such
area for preservation as wilderness.
   (c) Additional reviews and reports as to suitability or
nonsuitability for preservation as wilderness shall be made by the
secretary and the State Lands Commission for the following areas:
   (1) State-owned roadless areas under their respective
jurisdictions and within or contiguous to federal wilderness areas
designated by the Congress after January 1, 1975, within one year
after such designation.
   (2) State-owned roadless areas under their respective
jurisdictions which are acquired after January 1, 1975, within three
years of such acquisition.
   (d) The secretary and the State Lands Commission, prior to
submitting any recommendations with respect to the suitability of any
area for preservation as a wilderness area, shall:
   (1) Give such public notice of the proposed action as deemed
appropriate, including publication in one or more newspapers of
general circulation in each county within which the affected area is
located, and mailed to every person who has filed a request for
notice of hearing.  If the notice of hearing is published in a weekly
newspaper, it must appear therein on at least two different days of
publication, and, if in a newspaper published more often, there must
be at least five days from the first to the last day of publication,
both days included.  The content of the notice of hearing shall
substantially comply with the requirements of Section 11424 of the
Government Code.
   (2) Hold a public hearing or hearings in the City of San Diego,
City of Los Angeles, City and County of San Francisco, or City of
Sacramento, whichever is closest to the area affected, not less than
30 days, nor more than 60 days, after the last date of publication of
the notice.  The hearing shall be conducted in the manner specified
in Section 11425 of the Government Code.
   (3) Advise, at least 30 days before the date of a hearing, the
board of supervisors of each county in which the lands are located,
and federal, state, and local agencies concerned, and invite such
officials and agencies to submit their views on the proposed action
at the hearing or within a specified period thereafter.
   (e) Any view submitted under the provisions of subdivision (d)
with respect to any area shall be included with any recommendations
to the Legislature with respect to such area.
   (f) Any modification or adjustment of boundaries of any wilderness
area designated by the Legislature shall be recommended to the
Legislature by the secretary or the State Lands Commission after
public notice of such proposal and public hearing or hearings as
provided in subdivision (d).
   (g) Nothing contained herein shall be construed to lessen the
present statutory authority of any state agency with respect to the
maintenance of roadless areas.
   (h) Privately owned areas within or contiguous to state-owned
areas shall not preclude the review of the state-owned areas as
provided in this section.
5093.36.  (a) Except as otherwise provided in this chapter, each
state agency with jurisdiction over any area designated as a
wilderness area shall be responsible for preserving the wilderness
character of the wilderness area and shall so administer such area
for such other purposes for which it may have been established as
also to preserve its wilderness character.  Except as otherwise
provided in this chapter, wilderness areas shall be devoted to the
public purposes of recreational, scenic, scientific, educational,
conservation, and historical use.
   (b) Except as specifically provided in this chapter, and subject
to private rights existing as of January 1, 1975, there shall be no
commercial enterprise and no permanent road within any wilderness
area and, except as necessary in emergencies involving the health and
safety of persons within the wilderness area, there shall be no
temporary road, no use of motor vehicles, motorized equipment, or
motorboats, no landing or hovering of aircraft, no flying of aircraft
lower than 2,000 feet above the ground, no other form of mechanical
transport, and no structure or installation within any wilderness
area.
   (c) The following special provisions are hereby made:
   (1) Within wilderness areas, such measures may be taken as may be
necessary for the control of fire, insects, and diseases, subject to
such conditions as the state agency or agencies having jurisdiction
over such wilderness areas may deem desirable.
   (2) Nothing in this chapter shall prevent any activity by any
public agency within a wilderness area, including prospecting, for
the purpose of gathering information about mineral or other
resources, which the state agency or agencies having jurisdiction
over such wilderness area have determined will be carried on in a
manner compatible with the preservation of the wilderness
environment.
   (3) The state agency or agencies having jurisdiction over
wilderness areas may authorize the collection of hydrometeorological
data and the conduct of weather modification activities, including
both atmospheric and surface activities and environmental research,
which are within, over, or may affect wilderness areas and for such
purposes may permit access, installation, and use of equipment which
is specifically justified and unobtrusively located.  Maximum
practical application of miniaturization, telemetry, and camouflage
shall be employed in conducting weather modification activities.  In
granting permission for the conduct of data collection and weather
modification activities, the appropriate state agency may prescribe
such operating and monitoring conditions as it deems necessary to
minimize or avoid long-term and intensive local impact on the
wilderness character of the wilderness areas affected.
   (4) Within wilderness areas, the grazing of livestock, where
established prior to January 1, 1975, may be permitted to be
continued by the present lessee or permittee subject to limitation by
such terms and regulations as are deemed necessary by the state
agency or agencies having jurisdiction over such wilderness areas.
   (5) The provisions of this chapter shall not apply to the aerial
stocking of fish or to the conduct of aerial surveys of wildlife
species.
5093.37.  (a) In any case where privately owned land is completely
surrounded by wilderness areas, the private owner may acquire from
the state a reasonable means of ingress and egress across wilderness
areas from highways and roads to such land and from such land to
highways and roads.
   (b) Application from such a private owner for ingress and egress
shall be made to the administering state agency.  When application
for ingress and egress is received, the administering state agency
shall determine whether any reasonable access exists outside the
boundaries of the wilderness area or could be economically
constructed.
   (c) Where reasonable access does not exist or cannot be
economically constructed outside the boundaries of the wilderness
area, the administering state agency shall grant a permit for
right-of-way across the wilderness area over such route, and subject
to such conditions and construction and maintenance specifications,
as the administering state agency may determine will cause minimum
alteration to the physical features of the wilderness area and
minimum interference with the use of the wilderness area by the
public.
   (d) The permittee shall, at his own expense, construct and
maintain the means of ingress and egress in accordance with the terms
and conditions set forth in the permit, noncompliance with which in
any part shall be due cause for revocation of the permit.
   (e) The administering state agency may require a permittee to
allow the use of such means of ingress and egress by other applicants
whose lands are similarly situated.  The administering state agency
shall grant a permit for such use under terms and conditions imposed
upon existing users, upon payment of a reasonable compensation for
construction and maintenance of the road, by the applicant to the
existing permittee.
   (f) Subject to the appropriation of funds by the Legislature, the
state agency or agencies having jurisdiction over such wilderness
areas may acquire privately owned land within the perimeter of any
area designated by this chapter as a wilderness area.
   (g) The state agency or agencies having jurisdiction over such
wilderness areas may accept gifts or bequests of land within or
contiguous to wilderness areas.  Regulations with regard to any such
land may be in accordance with such agreements, consistent with the
policy of this chapter, as are made at the time of such gift, or such
conditions, consistent with such policy, as may be included in, and
accepted with, such bequest.
5093.38.  Nothing in this chapter shall affect the jurisdiction or
responsibility of the state with regard to fish and wildlife.
Hunting and fishing may be permitted on lands and waters administered
as parts of the system under applicable state or federal laws and
regulations.
5093.39.  The secretary shall, no later than December 1, 1975, and
on or before December 1st of each year thereafter, report to the
Governor and to the Legislature on the status of the system,
including a list and descriptions of the wilderness areas within the
system, guidelines and regulations in effect, and recommendations for
additions to the system.
5093.40.  If any provision of this chapter or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.