79–006

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

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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 ll ll,

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

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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.

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(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 the public 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—

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(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.

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(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.

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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.

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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 governVerDate 11-MAY-2000 20:47 Jul 20, 2000 Jkt 079006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR750.XXX pfrm01 PsN: HR750
9

ments. 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.

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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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