[Congressional Record Volume 146, Number 98 (Tuesday, July 25, 2000)]
[House]
[Pages H6867-H6870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3676) to establish the Santa Rosa and San Jacinto Mountains
National Monument in the State of California, as amended.
The Clerk read as follows:
H.R. 3676
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 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
[[Page H6868]]
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 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 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
[[Page H6869]]
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, \1/3\ of the members shall be
appointed for a term of 1 year and \1/3\ 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 8 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.
The SPEAKER pro tempore (Mr. Pease). Pursuant to the rule, the
gentleman from Utah (Mr. Hansen) and the gentleman from California (Mr.
George Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3676 establishes the Santa Rosa and the San Jacinto
Mountain National Monument. This bill was introduced by the gentlewoman
from California (Mrs. Bono), and the work she showed in moving this
legislation forward is really quite remarkable. Legislation dealing
with land designations and uses can be very difficult, and the
gentlewoman from California (Mrs. Bono) deserves congratulations in
creating a bill which is agreeable to everyone involved. She has
garnered tremendous support for this bill, including the very important
local governments and private property owners.
This monument created by H.R. 3676 consists of approximately 280,000
acres and would be managed jointly by the Secretary of the Interior and
the Secretary of Agriculture.
Mr. Speaker, although establishing a national monument, this bill has
many private property protections that otherwise probably would not
have been available if the President decided to proclaim this area a
national monument in yet another of his administration's fiats.
H.R. 3676, for example, assures that Congress does not intend for the
designation of the monument to lead to the creation of any protective
boundaries or to change authorized use of Federal land. Furthermore,
all valid existing rights shall continue. Private land within the
boundaries of the monument are only to be acquired if the land is
donated, purchased from a willing seller, or exchanged with a willing
party.
H.R. 3676 also contains provisions which direct the Secretary to use
conservation easements to the maximum extent possible rather than
outright acquisitions of land.
Mr. Speaker, this is a carefully crafted bill which gives additional
protections to Federal land while also protecting the foundation of
this county, private property. I urge all my colleagues to support H.R.
3676, as amended.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, as the gentleman from Utah (Mr. Hansen) has explained,
this is legislation that has been worked out in extensive negotiations
between the sponsor, our colleague, the gentlewoman from California
(Mrs. Bono), and the Secretary of the Interior.
The Secretary believes that the bill before us will adequately
protect this area.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from California (Mrs. Bono), the sponsor and author of this
bill.
Mrs. BONO. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, I rise today in support of my legislation, H.R. 3676,
the Santa Rosa and San Jacinto Mountains National Monument Act.
Congress has an opportunity to enact legislation which was originated
by the constituents of California's 44th Congressional District. When
these residents came to me and suggested that I introduce legislation
to designate our local mountains a National Monument, I decided it was
an idea well worth pursuing.
For years my family has enjoyed these scenic wonders and recreational
opportunities that are abundant in this remarkable range. I have often
hiked the hills and the canyons above our home in Palm Springs, sharing
with my children, Chianna and Chesare, the beauty of an ecosystem that
continues to thrive despite its close proximity to a highly urbanized
community.
I have developed a profound respect for the people who over the past
century have served as stewards of these lands. They have done a
remarkable job in balancing the preservation of these mountains with
the inevitable development that has occurred in Southern California.
It is appropriate that we also recall the original caretakers of this
land, the Cahuilla people. For centuries, the Agua Caliente Band of
Cahuilla Indians made the canyons and hills above Palm Springs their
home. And the Cahuilla people roamed throughout the desert and
mountains of this entire region living in harmony with the unique
environment. Their culture and heritage is an integral part of this
region. And even today, the Indian canyons near Palm Strings offer a
welcome respite from the hectic pace of the urban areas of the
Coachella Valley.
One of the tangible benefits that will be derived from this Monument
designation is the preservation of tribal land and historic artifacts.
The Agua Caliente Tribe has been a partner in this process from the
start, and I would like to thank the Tribal Council and all the
Cahuilla people in support of this legislation.
In crafting this bill, I was confronted with a similar challenge, to
balance traditional uses and private property rights that the people of
the region
[[Page H6870]]
enjoy with the need to preserve these mountain vistas.
So we returned to the fundamental concept of how our system of
government should work. I went directly to the people of the 44th
district and sought their participation and input on how best to draft
legislation that would reflect their commitment to both environmental
preservation and private property rights protection. The result of
their efforts is contained in the bill before us today.
Mr. Speaker, the best way our constituents can be heard on matters
such as these is if Congress and not the administration takes this
action. With all due respect to those who serve in Washington, the
people who live in this area know better than any Federal worker how to
resolve these issues. Therefore, it was encouraging that very early on
the Secretary of the Interior took a personal interest in this effort
and publicly supported the congressional process as the preferred
vehicle for this designation.
I thank the Secretary and the Bureau of Land Management offices out
of Washington, Sacramento, and Palm Springs for working with me on this
issue.
With this bill, we are able to protect private property rights with
strong buffer zone language, willing seller provisions, and clearly
worded access language. And we are able to further protect these
mountains by prohibiting further withdrawals, curbing motorized vehicle
use, and controlling cattle grazing.
I have said many times that I would not go forth with a bill which
does not protect the rights of those individuals who live within the
proposed boundary lines and those who live right at the foot of the
mountains. This bill strikes an appropriate balance by protecting the
rights of affected constituents as well as these unique mountains.
I wish to thank the gentleman from Utah (Chairman Hansen) and his
able staff, Allan Freemyer and Tod Hull, for assisting me in this
process so that I can achieve this balance.
In addition, I would like to thank the Coachella Valley Mountains
Conservancy under the direction of Bill Havert, the Desert Chapter of
the Building Industry Association and its executive director, Ed
Kibbey, and the local branch of the Sierra Club and its head Joan
Taylor.
Too often environmentalists and private property rights advocates are
at odds with each other. In my heart, I believe that we can work to
achieve the goals of each group for the betterment of all. It may be
the more difficult course to choose, but one well worth taking.
So I would like to thank my many colleagues, my legislative director,
Linda Valter, and the rest of my staff who have helped me along the
way.
Mr. Speaker, as a child, my parents drove our family all over this
wonderful country visiting national parks and awe-inspiring land
throughout the West. Now my constituents have given me the opportunity
to do something that will allow future families the same privilege. I
hope they will all join me to achieve this worthy goal.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the bill, H.R. 3676, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________