PUBLIC LAW 106–351—OCT. 24, 2000

SANTA ROSA AND SAN JACINTO MOUNTAINS

NATIONAL MONUMENT ACT OF 2000

114 STAT. 1362 PUBLIC LAW 106–351—OCT. 24, 2000

Public Law 106–351

106th Congress

An Act

To establish the Santa Rosa and San Jacinto Mountains National Monument in

the State of California.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Santa Rosa

and San Jacinto Mountains National Monument Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Establishment of Santa Rosa and San Jacinto Mountains National Monument, California.

Sec. 3. Management of Federal lands in the National Monument.

Sec. 4. Development of management plan.

Sec. 5. Existing and historical uses of Federal lands included in Monument.

Sec. 6. Acquisition of land.

Sec. 7. Local advisory committee.

Sec. 8. Authorization of appropriations.

SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT, CALIFORNIA.

(a) FINDINGS.—Congress finds the following:

(1) The Santa Rosa and San Jacinto Mountains in southern

California contain nationally significant biological, cultural, recreational, geological, educational, and scientific values.

(2) The magnificent vistas, wildlife, land forms, and natural

and cultural resources of these mountains occupy a unique

and challenging position given their proximity to highly urbanized areas of the Coachella Valley.

(3) These mountains, which rise abruptly from the desert

floor to an elevation of 10,802 feet, provide a picturesque backdrop for Coachella Valley communities and support an abundance of recreational opportunities that are an important

regional economic resource.

(4) These mountains have special cultural value to the

Agua Caliente Band of Cahuilla Indians, containing significant

cultural sites, including village sites, trails, petroglyphs, and

other evidence of their habitation.

(5) The designation of a Santa Rosa and San Jacinto Mountains National Monument by this Act is not intended to impact

upon existing or future growth in the Coachella Valley.

(6) Because the areas immediately surrounding the new

National Monument are densely populated and urbanized, it

is anticipated that certain activities or uses on private lands

outside of the National Monument may have some impact upon

Santa Rosa and

San Jacinto

Mountains

National

Monument Act of

2000.

16 USC 431 note.

Oct. 24, 2000

[H.R. 3676]

PUBLIC LAW 106–351—OCT. 24, 2000 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. 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.

Public inspection.

114 STAT. 1364 PUBLIC LAW 106–351—OCT. 24, 2000

(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.—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

Deadline.

PUBLIC LAW 106–351—OCT. 24, 2000 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

114 STAT. 1366 PUBLIC LAW 106–351—OCT. 24, 2000

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 rightsof-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

PUBLIC LAW 106–351—OCT. 24, 2000 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.

114 STAT. 1368 PUBLIC LAW 106–351—OCT. 24, 2000

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.

PUBLIC LAW 106–351—OCT. 24, 2000 114 STAT. 1369

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.

Æ

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.