[House Report 106-750]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-750

======================================================================



 
   SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000

                                _______
                                

 July 17, 2000.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3676]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3676) to establish the Santa Rosa and San Jacinto 
Mountains National Monument in the State of California, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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, agricultural, 
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 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 (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 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). Not later 
        than 60 days before publishing the proposed management plan, 
        the Secretaries shall submit the management plan to Congress 
        for review.
          (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 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.
  (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 the purpose of the flight is 
        sightseeing.
  (i) Withdrawals.--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 thepublic land laws, other than by 
exchange, that further the protective purposes of the National Monument 
or as provided in section 6(e), 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) 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) Payment of Fair Market Value.--The Secretary shall pay the fair 
market value for any interests or partial interests in land purchased 
under this section, which shall be, at the option of the landowner, 
either--
          (1) the fair market value of the property as of January 1, 
        1999; or
          (2) the fair market value of the property as of the date the 
        offer is made to acquire the property.
  (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).
  (f) Use of Land and Water Conservation Fund.--Except as otherwise 
provided in this Act, the land and water conservation fund shall be the 
only authorized source of funds to acquire interests or portions of 
interests in lands under this section.

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.

                          purpose of the bill

    The purpose of H.R. 3676 is to establish the Santa Rosa and 
San Jacinto Mountains National Monument in the State of 
California.

                  background and need for legislation

    H.R. 3676 would designate federal lands in the Santa Rosa 
and San Jacinto Mountains in California as a National Monument. 
The purpose of this establishment would be to preserve for the 
enjoyment of the people the biological, cultural, recreational, 
geological, educational, and scientific resources in the Santa 
Rosa and San Jacinto Mountains of California. The National 
Monument designation will consist of approximately 280,000 
acres of land, which includes parts of the Santa Rosa and San 
Jacinto Mountains along with other federal land. The Secretary 
of the Interior (Bureau of Land Management) and the Secretary 
of Agriculture (U.S. Forest Service) shall continue to manage 
lands under their current jurisdiction within the monument.
    H.R. 3676 assures that designation of the National Monument 
shall not lead to the creation of protective perimeters or 
buffer zones and also assures that any activity or use on 
private land not be precluded as a result of the monument 
designation if that activity or use is consistent with other 
applicable law. The establishment of this Monument will not 
affect any Indian reservations, State, city, county, special 
district or privately owned lands or interest in lands and is 
subject to all valid existing rights. The establishment of the 
National Monument will not be construed to alter the existing 
authorized uses of the federal lands included in the National 
Monument. H.R. 3676 intends to generally manage land within the 
Monument to continue many of the currently authorized or 
historical land uses. These uses include recreational 
activities, hunting, trapping, and fishing, grazing, and 
aircraft overflights with the exception that any commercial air 
tour operation shall be prohibited unless that operation was 
conducted prior to February 16, 2000.
    H.R. 3676 directs the appropriate Secretaries to develop a 
management plan and have it completed within four years of the 
date of enactment. The bill also establishes an advisory 
committee representing a broad array of interests for the 
National Monument.
    H.R. 3676 specifies that State and privately held land or 
interests in land within the boundaries of the National 
Monument may be acquired as part of the National Monument only 
if the land is donated, purchased from a willing seller, or 
exchanged with a willing party. The bill also directs the 
Secretaries, to the extent practicable, to use conservation 
easements in lieu of fee simple acquisitions.

                            committee action

    H.R. 3676 was introduced on February 16, 2000, by 
Congresswoman Mary Bono (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks and Public Lands and the 
Subcommittee on Forests and Forest Health. On March 16, 2000, 
the National Parks and Public Lands Subcommittee held a hearing 
on the bill. On April 13, 2000, the National Parks and Public 
Lands Subcommittee met to consider the bill. An amendment in 
the nature of substitute was offered by Congressman James V. 
Hansen (R-UT). The amendment contained provisions for interim 
action which will implement the withdrawals and motorized 
vehicle sections immediately, rather than waiting for the 
development of the management plan. The amendment also changed 
the buffer zone language to insure that no buffer zones exist 
around the monument. Congressman Carlos Romero-Barcelo (D-PR) 
offered and withdrew a substitute amendment to the Hansen 
amendment. The Hansen amendment was adopted by voice vote. The 
bill, as amended, was then ordered favorably reported to the 
Resources Committee by voice vote. On June 20, 2000, the 
Resources Committee met to consider the bill. The Subcommittee 
on Forests and Forest Health was discharged from further 
consideration of the bill by unanimous consent. An amendment in 
the nature of a substitute was offered by Congressman Hansen. 
The substitute removed the provision dealing with water rights 
and strengthened private property rights. Congressman Richard 
Pombo (R-CA) offered an amendment to the amendment to clarify 
that the federal government shall not establish ``buffer 
zones'' or use the monument designation to restrict lawful 
activities and land uses on private land. The amendment also 
provided options for the private landowner insofar as fair 
market land values and provided for the exclusive use of the 
Land and Water Conservation Fund for land or land interests 
acquisitions. The amendment was adopted by voice vote, and the 
Hansen amendment, as amended, was also adopted by voice vote. 
The bill, as amended, was then ordered favorably reported to 
the House of Representatives by voice vote.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                      advisory committee statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   constitutional authority statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    compliance with house rule xiii

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of the bill could affect offsetting receipts, but 
``any such effects would be negligible.''
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3676, the Santa 
Rosa and San Jacinto Mountains National Monument Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll (for federal costs), and Natalie Tawil (for the 
private-sector impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3676--Santa Rosa and San Jacinto Mountains National Monument Act 
        of 2000

    CBO estimates that implementing H.R. 3676 would not 
significantly affect the federal budget. Because the bill could 
affect offsetting receipts (a form of direct spending), pay-as-
you-go procedures would apply; however, CBO estimates that any 
such effects would be negligible.
    H.R. 3676 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would have no 
significant impact on the budgets of state, local, or tribal 
governments. The bill contains a private-sector mandate, as 
defined by UMRA, on operators of commercial air tours. CBO 
estimates that the mandate would impose no additional costs on 
the private sector.
    H.R. 3676 would establish the Santa Rosa and San Jacinto 
Mountains National Monument on about 272,000 acres of land in 
California. Of the lands that would be included in the 
monument, about 152,000 acres are federally owned and 
administered by the Bureau of Land Management (BLM) and the 
Forest Service; the rest of the lands are owned by state, 
tribal, or private entities. The bill specifies that BLM and 
the Forest Service would continue to administer federally owned 
lands and stipulates that the monument designation would have 
no impact on any nonfederal property rights or interests.
    H.R. 3676 would direct the Secretary of the Interior and 
the Secretary of Agriculture to establish an advisory committee 
to assist in developing a management plan for the conservation 
and protection of the national monument and would authorize the 
two agencies to enter into cooperative agreements to implement 
that plan. The bill also would authorize the agencies to 
acquire nonfederal lands within the boundaries of the monument 
by donation, exchange, or purchase from willing sellers. Based 
on information from BLM and the Forest Service, CBO estimates 
that operating the advisory committee, developing the 
management plan, and adding staff and services to the area 
would cost less than $500,000 annually starting in 2001, 
assuming the availability of appropriated funds. We estimate 
that other provisions would not affect discretionary spending.
    Subject to valid existing rights, H.R. 3676 would withdraw 
federal lands within the proposed national monument from entry, 
appropriation, or disposal under the public land laws and from 
mining, mineral leasing, and geothermal leasing. Enacting those 
provisions would result in forgone offsetting receipts from 
those lands over the next five years. Based on information from 
BLM and the Forest Service, CBO does not expect the amount of 
receipts from these activities to be significant.
    H.R. 3676 would prohibit commercial air tour operations 
over the national monument that would be established by the 
bill, unless such tours were conducted prior to February 16, 
2000. According to government sources, no such operations are 
in existence and none are planned or expected. Thus, this 
mandate would not impose any incremental costs on the private 
sector.
    The CBO staff contacts are Megan Carroll (for federal 
costs), and Natalie Tawil (for the private-sector impact). This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                                
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