[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Introduced in House (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 ________ ____, 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.
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