[106th Congress Public Law 351]
[From the U.S. Government Printing Office]
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[DOCID: f:publ351.106]
[[Page 1361]]
SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000
[[Page 114 STAT. 1362]]
Public Law 106-351
106th Congress
An Act
To establish the Santa Rosa and San Jacinto Mountains National Monument
in the State of California. <<NOTE: Oct. 24, 2000 - [H.R. 3676]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Santa Rosa and
San Jacinto Mountains National Monument Act of 2000. 16 USC 431 note.>>
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
[[Page 114 STAT. 1363]]
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. <<NOTE: Public inspection.>> 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.
[[Page 114 STAT. 1364]]
(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.-- <<NOTE: Deadline.>> 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
[[Page 114 STAT. 1365]]
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
[[Page 114 STAT. 1366]]
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
[[Page 114 STAT. 1367]]
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.
[[Page 114 STAT. 1368]]
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.
[[Page 114 STAT. 1369]]
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Approved October 24, 2000.
LEGISLATIVE HISTORY--H.R. 3676:
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HOUSE REPORTS: No. 106-750 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 146 (2000):
July 25, considered and passed House.
Oct. 5, considered and passed Senate.
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