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Text of the California Coastal National Monument Expansion Act of 2012

This bill was introduced on September 20, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 20, 2012 (Introduced).

Source: GPO

II

112th CONGRESS

2d Session

S. 3587

IN THE SENATE OF THE UNITED STATES

September 20, 2012

(for herself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Energy and 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)

Map

The term map means the map created by the Bureau of Land Management, entitled California Coastal National Monument Addition and dated September 15, 2012.

(2)

Monument

The term Monument means the California Coastal National Monument established by Presidential Proclamation 7264.

(3)

Point Arena-Stornetta Public Lands

The term Point Arena-Stornetta Public Lands means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map.

(4)

Presidential Proclamation 7264

The term Presidential Proclamation 7264 means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821).

(5)

Secretary

The term Secretary means the Secretary of the Interior.

2.

Findings; purpose

(a)

Findings

Congress finds that—

(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 the coastal prehistory and history of California 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 land 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 Bureau of Land Management of the Department of the Interior; and

(9)

statutory protection is necessary to ensure that the Point Arena-Stornetta Public Lands remain a part of the historical, cultural, and natural heritage of the United States 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 Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map.

(b)

Map and legal description

(1)

In general

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

(2)

Force and effect

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

(3)

Availability of map and boundary description

The map and boundary description filed under paragraph (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 the land added to the Monument by this Act—

(1)

as a part of the Monument; and

(2)

in accordance with Presidential Proclamation 7264.

(b)

Management plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act.

(2)

Requirements

The plan amendment shall—

(A)

be developed with an opportunity for full public participation; and

(B)

describe the appropriate uses and management of the land 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 that use.

(d)

Incorporation of land and interests

(1)

Authority

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

(2)

Management

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

(e)

Overflights

Nothing in this Act—

(1)

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

(2)

restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or

(3)

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

(f)

Law enforcement

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

(g)

Native American uses

Nothing in this Act enlarges, diminishes, or modifies 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 establishment of protective perimeters or buffer zones around the land 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 land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument.

(i)

Grazing

Nothing in this Act affects the grazing of livestock within the Point Arena-Stornetta Public Lands.

(j)

National landscape conservation system

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