Text: H.R.3676 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-351 (10/24/2000)

 
[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:
---------------------------------------------------------------------------

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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