< Back to H.R. 3676 (106th Congress, 1999–2000)

Text of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000

This bill was enacted after being signed by the President on October 24, 2000. The text of the bill below is as of Feb 16, 2000 (Introduced).

This is not the latest text of this bill.

Source: GPO

HR 3676 IH

106th CONGRESS

2d Session

H. R. 3676

To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California.

IN THE HOUSE OF REPRESENTATIVES

February 16, 2000

Mrs. BONO introduced the following bill; which was referred to the Committee on Resources


A BILL

To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Santa Rosa and San Jacinto Mountains National Monument Act of 2000’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Establishment of Santa Rosa and San Jacinto Mountains National Monument, California.

      Sec. 3. Management of Federal lands in the National Monument.

      Sec. 4. Development of management plan.

      Sec. 5. Existing and historical uses of Federal lands included in Monument.

      Sec. 6. Acquisition of land.

      Sec. 7. Local advisory committee.

      Sec. 8. Authorization of appropriations.

SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT, CALIFORNIA.

    (a) FINDINGS- Congress finds the following:

      (1) The Santa Rosa and San Jacinto Mountains in southern California contain nationally significant biological, cultural, recreational, geological, educational, and scientific values.

      (2) The magnificent vistas, wildlife, landforms, and natural and cultural resources of these mountains occupy a unique and challenging position given their proximity to highly urbanized areas of the Coachella Valley.

      (3) These mountains, which rise abruptly from the desert floor to an elevation of 10,802 feet, provide a picturesque backdrop for Coachella Valley communities and support an abundance of recreational opportunities that are an important regional economic resource.

      (4) These mountains have special cultural value to the Agua Caliente Band of Cahuilla Indians, containing significant cultural sites, including village sites, trails, petroglyphs, and other evidence of their habitation.

      (5) This Act is not intended to impact upon existing or future growth in the Coachella Valley.

    (b) ESTABLISHMENT AND PURPOSES- In order to preserve the nationally significant biological, cultural, recreational, geological, educational, and scientific values found in the Santa Rosa and San Jacinto Mountains and to secure for future generations the opportunity to experience the magnificent vistas, wildlife, landforms, and natural and cultural resources in these mountains, there is hereby designated the Santa Rosa and San Jacinto Mountains National Monument (in this Act referred to as the ‘National Monument’).

    (c) BOUNDARIES- The National Monument shall consist of Federal lands and Federal interests in lands located within the boundaries depicted on the map entitled ‘Boundary Map, Santa Rosa and San Jacinto National Monument’, dated XXXX XX, 2000.

    (d) LEGAL DESCRIPTIONS; CORRECTION OF ERRORS-

      (1) PREPARATION AND SUBMISSION- As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall use the map referred to in subsection (c) to prepare legal descriptions of the boundaries of the National Monument. The Secretary shall submit the resulting legal descriptions to the Committee on Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

      (2) LEGAL EFFECT- The map and legal descriptions of the National Monument shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal descriptions. The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management and the Forest Service.

SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NATIONAL MONUMENT.

    (a) BASIS OF MANAGEMENT- The Secretary of the Interior and the Secretary of Agriculture shall manage the National Monument to protect the resources of the National Monument, and shall allow only those uses of the National Monument that further the purposes for the establishment of the National Monument, in accordance with--

      (1) this Act;

      (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

      (3) the Forest and Rangeland Renewable Resources Planning Act of 1974; and

      (4) other applicable provisions of law.

    (b) DIVISION OF MANAGEMENT RESPONSIBILITIES-

      (1) ROLE OF SECRETARY OF THE INTERIOR- Federal lands and Federal interests in lands within the National Monument that, as of the date of the enactment of this Act, are administered by the Bureau of Land Management shall continue to be managed by the Secretary of the Interior, acting through the Bureau of Land Management. Lands or interests in lands within the National Monument boundaries that are acquired after the date of the enactment of this Act, and abut lands administered by the Bureau of Land Management, shall also be managed by the Secretary of the Interior.

      (2) ROLE OF SECRETARY OF AGRICULTURE- Federal lands and Federal interests in lands within the National Monument that, as of the date of the enactment of this Act, are included in the National Forest System shall continue to be managed by the Secretary of Agriculture, acting through the Forest Service. Lands or interests in lands within the National Monument boundaries that are acquired after the date of the enactment of this Act, and abut lands administered by the Forest Service, shall also be managed by the Secretary of Agriculture.

      (3) ADMINISTRATION OF CERTAIN ACQUIRED LANDS- If it is unclear whether paragraph (1) or (2) applies to lands or an interest in lands acquired after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall determine which Secretary shall be responsible for the administration of the lands or interest.

    (c) PROTECTION OF RESERVATION, STATE, AND PRIVATE LANDS AND INTERESTS- Nothing in the establishment of the National Monument shall be construed as affecting any Indian Reservation, any individually held trust lands, any other Indian allotments, any lands or interests in lands held by the State of California, a political subdivision of the State of California, a special district, or the Mount San Jacinto Winter Park Authority, or any private property rights within the boundaries of the National Monument. Establishment of the National Monument shall not be construed to grant the Secretary of the Interior or the Secretary of Agriculture any authority on or over non-Federal lands not already provided by law. The authority of the Secretary of the Interior and the Secretary of Agriculture under this Act extends only to Federal lands and Federal interests in lands included in the National Monument.

    (d) EXISTING RIGHTS- The management of the National Monument shall be subject to valid existing rights.

    (e) NO BUFFER ZONES AROUND NATIONAL MONUMENT- The Congress does not intend for the designation of the National Monument to lead to the creation of express or implied protective perimeters or buffer zones, whether located within or outside of the boundaries of the National Monument. The fact that activities or uses of land outside of the National Monument, which are consistent with other applicable laws, can be seen, heard, or smelled from land within the National Monument shall not preclude such activities or uses up to the boundaries of the National Monument. The Secretary of the Interior and the Secretary of Agriculture may not use the existence of the National Monument to require a person or entity to undertake or implement any exactions or mitigation measures to reduce the effect of such activities or uses so long as such activities or uses are consistent with other applicable law. Nothing in this Act shall be construed to change standards governing air or water quality outside of the designated area of the National Monument.

SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN.

    (a) DEVELOPMENT REQUIRED- The Secretary of the Interior and the Secretary of Agriculture shall prepare a management plan for the conservation and protection of the National Monument consistent with the requirements of section 3(a).

    (b) CONSULTATION AND COOPERATION-

      (1) IN GENERAL- The Secretaries shall prepare and implement the management plan required by subsection (a) in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and in consultation with the local advisory committee established pursuant to section 7 and, to the extent practicable, interested owners of private property and holders of valid existing rights located within the boundaries of the National Monument. Such consultation shall be on a periodic and regular basis.

      (2) AGUA CALIENTE BAND OF CAHUILLA INDIANS- The Secretaries shall make a special effort to consult with representatives of the Agua Caliente Band of Cahuilla Indians regarding the management

plan during the preparation and implementation of the plan.

      (3) WINTER PARK AUTHORITY- The management plan shall consider the mission of the Mount San Jacinto Winter Park Authority to make accessible to current and future generations the natural and recreational treasures of the Mount San Jacinto State Park and the National Monument. Establishment and management of the National Monument shall not be construed to interfere with the mission or powers of the Mount San Jacinto Winter Park Authority, as provided for in the Mount San Jacinto Winter Park Authority Act of the State of California.

    (c) INTERIM MANAGEMENT- Pending completion of the management plan required by subsection (a), the Secretaries shall manage Federal lands and interests in lands within the National Monument in a manner substantially consistent with the current uses occurring on such lands as of the date of the enactment of this Act.

    (d) COMPLETION; REVISION- The Secretaries shall complete the management plan required by subsection (a) within three years after the date of the enactment of this Act. The Secretaries may revise the management plan thereafter as necessary, following consultation with representatives of various governmental entities and other groups listed in subsection (b).

    (e) COOPERATIVE AGREEMENTS-

      (1) GENERAL AUTHORITY- Consistent with the management plan and existing authorities, the Secretaries may enter into cooperative agreements and shared management arrangements, which may include special use permits, with any person, including the Agua Caliente Band of Cahuilla Indians, for the purposes of management, interpretation, and research regarding the resources of the National Monument.

      (2) USE OF CERTAIN LANDS BY UNIVERSITY OF CALIFORNIA- In the case of any agreement with the University of California in existence as of the enactment of this Act relating to the University’s use of certain Federal land within the National Monument, the Secretary of the Interior shall, consistent with the management plan and existing authorities, either revise the agreement as may be necessary to ensure its consistency with this Act or enter into a new agreement to ensure the continuation of the University’s arid lands research and educational activities within the National Monument.

SEC. 5. EXISTING AND HISTORICAL USES OF FEDERAL LANDS INCLUDED IN MONUMENT.

    (a) RECREATIONAL ACTIVITIES GENERALLY- The management plan required by section 4(a) shall include provisions to continue to authorize the recreational use of the National Monument, including such recreational uses as hiking, camping, mountain biking, sightseeing, and horseback riding, as long as such recreational use is consistent with other applicable law.

    (b) MOTORIZED VEHICLES- Except where or when needed for administrative purposes or to respond to an emergency, use of motorized vehicles in the National Monument shall be permitted only on roads and trails designated for use of motorized vehicles as part of the management plan.

    (c) HUNTING, TRAPPING, AND FISHING-

      (1) IN GENERAL- Except as provided in paragraph (2), the Secretary of the Interior and the Secretary of Agriculture shall permit hunting, trapping, and fishing within the National Monument in accordance with applicable laws (including regulations) of the United States and the State of California.

      (2) REGULATIONS- The Secretaries, after consultation with the California Department of Fish and Game, may issue regulations designating zones where, and establishing periods when, no hunting, trapping, or fishing will be permitted in the National Monument for reasons of public safety, administration, or public use and enjoyment.

    (d) ACCESS TO STATE AND PRIVATE LANDS- The Secretaries shall provide such access to nonfederally owned land or interests in land within the boundaries of the National Monument as may be necessary to provide the owner of the land or holder of the interest the use and enjoyment of the land or interest, consistent with the management plan.

    (e) UTILITIES- Subject to valid existing rights, nothing in this Act or the management plan required by section 4(a) shall be construed to inhibit or curtail the ability of Government agencies or public and private utility companies to install, construct, and maintain public utilities and infrastructure within the National Monument, consistent with other applicable Federal and State laws.

    (f) WATER RIGHTS- Nothing in this Act, the management plan required by section 4(a), or any action taken pursuant thereto, shall constitute either an express or implied reservation of water. Nothing in this Act shall affect any valid existing water right, including any Federal reserved water right, in effect on the date of the enactment of this Act or any water right hereinafter approved pursuant to the laws of the State of California.

    (g) MAINTENANCE OF ROADS, TRAILS, AND STRUCTURES- In the development of the management plan required by section 4(a), the Secretaries shall address the maintenance of roadways, jeep trails, and paths located in the National Monument.

    (h) GRAZING- The Secretaries shall issue and administer any grazing leases or permits in the National Monument in accordance with the same laws (including regulations) and executive orders followed by the Secretaries in issuing and administering grazing leases and permits on other land under the jurisdiction of the Secretaries.

    (i) OVERFLIGHTS- Nothing in this Act or the management plan required by section 4(a) shall be construed to restrict or preclude overflights, including low-level overflights, over lands in the National Monument, including military, commercial, and general aviation overflights that can be seen or heard within the National Monument. Nothing in this Act or the management plan shall be construed to restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the National Monument.

    (j) MINERAL WITHDRAWAL- Subject to valid existing rights as provided in section 3(d), the Federal lands

and interests in lands included within the National Monument are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws, from location, entry, and patent under the public land mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing, and mineral materials.

SEC. 6. ACQUISITION OF LAND.

    (a) ACQUISITION AUTHORIZED; METHODS- State, local government, Tribal, and privately held land or interests in land within the boundaries of the National Monument may be acquired for management as part of the National Monument only by--

      (1) donation;

      (2) purchase from a willing seller; or

      (3) exchange with a willing party.

    (b) USE OF EASEMENTS- To the extent practicable, and if preferred by a willing seller, the Secretary of the Interior and the Secretary of Agriculture shall use conservation easements to acquire interests in land in the National Monument in lieu of acquiring land in fee simple and thereby removing land from non-Federal ownership.

    (c) VALUATION OF PRIVATE PROPERTY- The United States shall offer the fair market value for any interests or partial interests in land acquired under this section.

    (d) INCORPORATION OF ACQUIRED LANDS AND INTERESTS- Any land or interest in lands within the boundaries of the National Monument that is acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the National Monument as provided in section 3(b).

    (e) LAND EXCHANGE AUTHORIZATION- In order to support the cooperative management agreement in effect with the Agua Caliente Band of Cahuilla Indians as of the date of the enactment of this Act, the Secretary of the Interior may, without further authorization by law, exchange lands, which the Bureau of Land Management has acquired using amounts provided under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), with the Agua Caliente Band of Cahuilla Indians. Any such land exchange may include the exchange of federally owned property within or outside of the boundaries of the National Monument for property owned by the Agua Caliente Band of Cahuilla Indians within or outside of the boundaries of the National Monument. The exchanged lands acquired by the Secretary within the boundaries of the National Monument shall be managed for the purposes described in section 2(b).

SEC. 7. LOCAL ADVISORY COMMITTEE.

    (a) ESTABLISHMENT- The Secretary of the Interior and the Secretary of Agriculture shall jointly establish an advisory committee for the National Monument, whose purpose shall be to advise the Secretaries with respect to the preparation and implementation of the management plan required by section 4.

    (b) REPRESENTATION- To the extent practicable, the advisory committee shall consist of the following members:

      (1) An individual with a recognized background in ecological restoration, research, and application, selected from nominees submitted by the University of California or the College of the Desert.

      (2) A representative of the California Department of Fish and Game and a representative of the California Department of Parks and Recreation.

      (3) A representative of the County of Riverside, California.

      (4) A representative of each of the following cities: Palm Springs, Cathedral City, Rancho Mirage, La Quinta, Palm Desert, and Indian Wells.

      (5) A representative of the Agua Caliente Band of Cahuilla Indians.

      (6) A representative of the Coachella Valley Mountains Conservancy.

      (7) A representative of the local Sierra Club or, if no such representative is available, another recognized conservation organization.

      (8) A representative of the Building Industry Association.

      (9) A representative of the Winter Park Authority.

      (10) A representative of the Santa Rosa Mountains Council.

    (c) TERMS-

      (1) STAGGERED TERMS- Members of the advisory committee shall be appointed for terms of three years, except that, of the members first appointed, one-third of members shall be appointed for a term of 1 year and one-third of the members shall be appointed for a term of 2 years.

      (2) REAPPOINTMENT- A member may be reappointed to serve on the advisory committee upon the expiration of the member’s current term.

      (3) VACANCY- A vacancy on the advisory committee shall be filled in the same manner as the original appointment.

    (d) QUORUM- A quorum shall be eight members of the advisory committee. The operations of the advisory committee shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.

    (e) CHAIRPERSON AND PROCEDURES- The advisory committee shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable.

    (f) SERVICE WITHOUT COMPENSATION- Members of the advisory committee shall serve without pay.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary to carry out this Act.