H.R. 4969 (112th): California Coastal National Monument Expansion Act of 2012

112th Congress, 2011–2013. Text as of Apr 27, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4969

IN THE HOUSE OF REPRESENTATIVES

April 27, 2012

(for himself and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To include the Point Arena-Stornetta Public Lands in the California Coastal National Monument as a part of the National Landscape Conservation System, and for other purposes.

1.

Short title; definitions

(a)

Short title

This Act may be cited as the California Coastal National Monument Expansion Act of 2012.

(b)

Definitions

In this Act:

(1)

Monument

The term Monument means the California Coastal National Monument established by Presidential Proclamation 7264, issued January 11, 2000.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

Map

The term map means the map created by the Bureau of Land Management, entitled California Coastal National Monument Addition and dated April 23, 2012.

(4)

Point Arena-Stornetta public lands

The term Point Arena-Stornetta Public Lands means the Federal lands comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map titled California Coastal National Monument Addition and dated April 23, 2012.

2.

Findings; purpose

(a)

Findings

Congress finds as follows:

(1)

The Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations.

(2)

The ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities.

(3)

The Point Arena-Stornetta Public Lands tell an important story about California’s coastal prehistory and history in the context of the surrounding region and communities.

(4)

The coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes.

(5)

The Point Arena-Stornetta Public Lands are historically associated with adjacent lands managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park.

(6)

The Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups.

(7)

Permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support.

(8)

The Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management.

(9)

Statutory protection is needed for Point Arena-Stornetta Public Lands to ensure that it remains a part of our historic, cultural, and natural heritage and a source of inspiration for the people of the United States.

(b)

Purpose

The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue.

3.

Expansion of California Coastal National Monument

(a)

In general

The boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, is expanded to include the Federal land shown on the map. These lands shall be managed under the provisions of Presidential Proclamation 7264.

(b)

Map and legal description

(1)

As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and boundary description of lands added to the Monument by this Act.

(2)

Force and effect

The map and boundary description filed under subsection (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any minor errors in the maps and boundary descriptions.

(3)

Availability of map and boundary description

The map and boundary description filed under subsection (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.

4.

Administration

(a)

In general

The Secretary shall manage these lands as a part of the California Coastal National Monument established under the provisions of Presidential Proclamation 7264.

(b)

Management plan

Not later than 2 years after the date of the enactment of this Act, the Secretary shall finalize an amendment to the Monument management for the long-term protection and management of the lands added to the Monument by this Act. The plan amendment shall be developed with full public participation and shall describe the appropriate uses and management of the lands consistent with this Act.

(c)

Motorized and mechanized transport

Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the monument shall be permitted only on roads and trails designated for their use.

(d)

Incorporation of lands and interests

(1)

Authority

The Secretary may acquire non-Federal land or interests in land within or adjacent to the lands added to the Monument by this Act only through exchange, donation, or purchase from a willing seller.

(2)

Management

Any lands or interests in land within or adjacent to the lands added to the Monument by this Act acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Monument.

(e)

Overflights

Nothing in this Act shall be construed to—

(1)

restrict or preclude overflights, including low-level overflights, military, commercial, and general aviation overflights that can be seen or heard within to the lands added to the Monument by this Act;

(2)

restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over to the lands added to the Monument by this Act; or

(3)

modify regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary.

(f)

Law enforcement

Nothing in this act effects the Department of Homeland Security law enforcement authorities.

(g)

Native American uses

Nothing in this act enlarges or diminishes the rights of any Indian tribe or Indian religious community.

(h)

Buffer zones

(1)

In general

The expansion of the Monument is not intended to lead to the creation of protective perimeters or buffer zones around the lands included in the Monument by this Act.

(2)

Activities outside the Monument

The fact that activities outside the Monument can be seen or heard within the lands added to the Monument by this Act shall not, of itself, preclude such activities or uses up to the boundary of the Monument.

(i)

National landscape conservation system

The Secretary shall manage the Monument as part of the National Landscape Conservation System.