Home > 106th Congressional Bills > H.R. 3676 (rh) To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. [Reported in House] ...H.R. 3676 (rh) To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of California. [Reported in House] ...
106th CONGRESS
2d Session
H. R. 3676
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2000
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
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, land forms, 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) The designation of a Santa Rosa and San Jacinto
Mountains National Monument by this Act is not intended to
impact upon existing or future growth in the Coachella Valley.
(6) Because the areas immediately surrounding the new
National Monument are densely populated and urbanized, it is
anticipated that certain activities or uses on private lands
outside of the National Monument may have some impact upon the
National Monument, and Congress does not intend, directly or
indirectly, that additional regulations be imposed on such uses
or activities as long as they are consistent with other
applicable law.
(7) The Bureau of Land Management and the Forest Service
should work cooperatively in the management of the National
Monument.
(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 now and for future generations the
opportunity to experience and enjoy the magnificent vistas, wildlife,
land forms, and natural and cultural resources in these mountains and
to recreate therein, 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 a series of 24 maps entitled ``Boundary Map, Santa Rosa and
San Jacinto National Monument'', 23 of which are dated May 6, 2000, and
depict separate townships and one of which is dated June 22, 2000, and
depicts the overall boundaries.
(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 (16 U.S.C. 1600 et seq.) and section 14 of the
National Forest Management Act of 1976 (16 U.S.C. 472a); and
(4) other applicable provisions of law.
(b) Administration of Subsequently Acquired Lands.--Lands or
interests in lands within the boundaries of the National Monument that
are acquired by the Bureau of Land Management after the date of the
enactment of this Act shall be managed by the Secretary of the
Interior. Lands or interests in lands within the boundaries of the
National Monument that are acquired by the Forest Service after the
date of the enactment of this Act shall be managed by the Secretary of
Agriculture.
(c) Protection of Reservation, State, and Private Lands and
Interests.--Nothing in the establishment of the National Monument shall
affect any property rights of any Indian reservation, any individually
held trust lands, any other Indian allotments, any lands or interests
in lands held by the State of California, any political subdivision of
the State of California, any 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 grant the Secretary of the Interior or the Secretary
of Agriculture any new 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.--Because the National
Monument is established in a highly urbanized area--
(1) the establishment of the National Monument shall not
lead to the creation of express or implied protective
perimeters or buffer zones around the National Monument;
(2) an activity on, or use of, private lands up to the
boundaries of the National Monument shall not be precluded
because of the monument designation, if the activity or use is
consistent with other applicable law; and
(3) an activity on, or use of, private lands, if the
activity or use is consistent with other applicable law, shall
not be directly or indirectly subject to additional regulation
because of the designation of the National Monument.
(f) Air and Water Quality.--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.--
(1) In general.--Not later than 3 years after of the date
of the enactment of this Act, the Secretary of the Interior and
the Secretary of Agriculture shall complete a management plan
for the conservation and protection of the National Monument
consistent with the requirements of section 3(a). The
Secretaries shall submit the management plan to Congress before
it is made public.
(2) Management pending completion.--Pending completion of
the management plan for the National Monument, the Secretaries
shall manage Federal lands and interests in lands within the
National Monument substantially consistent with current uses
occurring on such lands and under the general guidelines and
authorities of the existing management plans of the Forest
Service and the Bureau of Land Management for such lands, in a
manner consistent with other applicable Federal law.
(3) Relation to other authorities.--Nothing in this
subsection shall preclude the Secretaries, during the
preparation of the management plan, from implementing
subsections (b) and (i) of section 5. Nothing in this section
shall be construed to diminish or alter existing authorities
applicable to Federal lands included in the National Monument.
(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) 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 and
education 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 date of the enactment of this Act relating
to the University's use of certain Federal land within the
National Monument, the Secretaries shall, consistent with the
management plan and existing authorities, either revise the
agreement or enter into a new agreement as may be necessary to
ensure its consistency with this Act.
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
this Act and 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 adequate access to nonfederally owned land or interests in land
within the boundaries of the National Monument, which will provide the
owner of the land or the holder of the interest the reasonable use and
enjoyment of the land or interest, as the case may be.
(e) Utilities.--Nothing in this Act shall have the effect of
terminating any valid existing right-of-way within the Monument. The
management plan prepared for the National Monument shall address the
need for and, as necessary, establish plans for the installation,
construction, and maintenance of public utility rights-of-way within
the National Monument outside of designated wilderness areas.
(f) 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.
(g) 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. Nothing in
this Act shall affect the grazing permit of the Wellman family
(permittee number 12-55-3) on lands included in the National Monument.
(h) Overflights.--
(1) General rule.--Nothing in this Act or the management
plan prepared for the National Monument 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.
(2) Commercial air tour operation.--Any commercial air tour
operation over the National Monument is prohibited unless such
operation was conducted prior to February 16, 2000. For
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