[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Referred in Senate (RFS)]







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 
        purposes of this paragraph, ``commercial air tour operation'' 
        means any flight conducted for compensation or hire in a 
        powered aircraft where a purpose of the flight is sightseeing.
    (i) Withdrawals.--
            (1) In general.--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--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the public 
                land mining laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws and the mineral materials laws.
            (2) Exchange.--Paragraph (1)(A) does not apply in the case 
        of--
                    (A) an exchange that the Secretary determines would 
                further the protective purposes of the National 
                Monument; or
                    (B) the exchange provided in section 6(e).

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) exchange with a willing party; or
            (3) purchase from a willing seller.
    (b) Use of Easements.--To the extent practicable, and if preferred 
by a willing landowner, the Secretary of the Interior and the Secretary 
of Agriculture shall use permanent 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 include the following members:
            (1) A representative with expertise in natural science and 
        research selected from a regional college or university.
            (2) A representative of the California Department of Fish 
        and Game or 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 a local conservation organization.
            (8) A representative of a local developer or builder 
        organization.
            (9) A representative of the Winter Park Authority.
            (10) A representative of the Pinyon Community Council.
    (c) Terms.--
            (1) Staggered terms.--Members of the advisory committee 
        shall be appointed for terms of 3 years, except that, of the 
        members first appointed, one-third of the 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.
    (g) Termination.--The advisory committee shall cease to exist on 
the date upon which the management plan is officially adopted by the 
Secretaries, or later at the discretion of the Secretaries.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

            Passed the House of Representatives July 25, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.