II

106TH CONGRESS

2D SESSION S. 2784

Entitled ‘‘Santa Rosa and San Jacinto Mountains National Monument Act

of 2000’’.

IN THE SENATE OF THE UNITED STATES

JUNE 26, 2000

Mrs. FEINSTEIN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

Entitled ‘‘Santa Rosa and San Jacinto Mountains National

Monument Act of 2000’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Santa Rosa and San Jacinto Mountains National Monu6 ment Act of 2000’’.

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

8 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.
2

•S 2784 IS

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.

1 SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN

2 JACINTO MOUNTAINS NATIONAL MONUMENT,

3 CALIFORNIA.

4 (a) FINDINGS.—Congress finds the following:

5 (1) The Santa Rosa and San Jacinto Moun6 tains in southern California contain nationally sig7 nificant biological, cultural, recreational, geological,

8 educational, and scientific values.

9 (2) The magnificent vistas, wildlife, land forms,

10 and natural and cultural resources of these moun11 tains occupy a unique and challenging position given

12 their proximity to highly urbanized areas of the

13 Coachella Valley.

14 (3) These mountains, which rise abruptly from

15 the desert floor to an elevation of 10,802 feet, pro16 vide a picturesque backdrop for Coachella Valley

17 communities and support an abundance of rec18 reational opportunities that are an important re19 gional economic resource.

20 (4) These mountains have special cultural value

21 to the Agua Caliente Band of Cahuilla Indians, con22 taining significant cultural sites, including village
3

•S 2784 IS

1 sites, trails, petroglyphs, and other evidence of their

2 habitation.

3 (5) The designation of a Santa Rosa and San

4 Jacinto Mountains National Monument by this Act

5 is not intended to impact upon existing or future

6 growth in the Coachella Valley.

7 (6) Because the areas immediately surrounding

8 the new National Monument are densely populated

9 and urbanized, it is anticipated that certain activi10 ties or uses on private lands outside of the National

11 Monument may have some impact upon the National

12 Monument, and Congress does not intend, directly

13 or indirectly, that additional regulations be imposed

14 on such uses or activities as long as they are con15 sistent with other applicable law.

16 (7) The Bureau of Land Management and the

17 Forest Service should work cooperatively in the man18 agement of the National Monument.

19 (b) ESTABLISHMENT AND PURPOSES.—In order to

20 preserve the nationally significant biological, cultural, rec21 reational, geological, educational, and scientific values

22 found in the Santa Rosa and San Jacinto Mountains and

23 to secure now and for future generations the opportunity

24 to experience and enjoy the magnificent vistas, wildlife,

25 land forms, and natural and cultural resources in these
4

•S 2784 IS

1 mountains and to recreate therein, there is hereby des2 ignated the Santa Rosa and San Jacinto Mountains Na3 tional Monument (in this Act referred to as the ‘‘National

4 Monument’’).

5 (c) BOUNDARIES.—The National Monument shall

6 consist of Federal lands and Federal interests in lands lo7 cated within the boundaries depicted on the map entitled

8 ‘‘Boundary Map, Santa Rosa and San Jacinto National

9 Monument’’, dated ll ll, 2000.

10 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER11 RORS.—

12 (1) PREPARATION AND SUBMISSION.—As soon

13 as practicable after the date of the enactment of this

14 Act, the Secretary of the Interior shall use the map

15 referred to in subsection (c) to prepare legal descrip16 tions of the boundaries of the National Monument.

17 The Secretary shall submit the resulting legal de18 scriptions to the Committee on Resources and the

19 Committee on Agriculture of the House of Rep20 resentatives and to the Committee on Energy and

21 Natural Resources and the Committee on Agri22 culture, Nutrition, and Forestry of the Senate.

23 (2) LEGAL EFFECT.—The map and legal de24 scriptions of the National Monument shall have the

25 same force and effect as if included in this Act, ex-
5

•S 2784 IS

1 cept that the Secretary of the Interior may correct

2 clerical and typographical errors in the map and

3 legal descriptions. The map shall be on file and

4 available for public inspection in appropriate offices

5 of the Bureau of Land Management and the Forest

6 Service.

7 SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NA8 TIONAL MONUMENT.

9 (a) BASIS OF MANAGEMENT.—The Secretary of the

10 Interior and the Secretary of Agriculture shall manage the

11 National Monument to protect the resources of the Na12 tional Monument, and shall allow only those uses of the

13 National Monument that further the purposes for the es14 tablishment of the National Monument, in accordance

15 with—

16 (1) this Act;

17 (2) the Federal Land Policy and Management

18 Act of 1976 (43 U.S.C. 1701 et seq.);

19 (3) the Forest and Rangeland Renewable Re20 sources Planning Act of 1974 (16 U.S.C. 1600 et

21 seq.) and section 14 of the National Forest Manage22 ment Act of 1976 (16 U.S.C. 472a); and

23 (4) other applicable provisions of law.

24 (b) ADMINISTRATION OF SUBSEQUENTLY ACQUIRED

25 LANDS.—Lands or interests in lands within the bound-
6

•S 2784 IS

1 aries of the National Monument that are acquired by the

2 Bureau of Land Management after the date of the enact3 ment of this Act shall be managed by the Secretary of

4 the Interior. Lands or interests in lands within the bound5 aries of the National Monument that are acquired by the

6 Forest Service after the date of enactment of this Act shall

7 be managed by the Secretary of Agriculture.

8 (c) PROTECTION OF RESERVATION, STATE, AND PRI9 VATE LANDS AND INTERESTS.—Nothing in the establish10 ment of the National Monument shall affect any property

11 rights of any Indian reservation, any individually held

12 trust lands, any other Indian allotments, any lands or in13 terests in lands held by the State of California, any polit14 ical subdivision of the State of California, any special dis15 trict, or the Mount San Jacinto Winter Park Authority,

16 or any private property rights within the boundaries of

17 the National Monument. Establishment of the National

18 Monument shall not grant the Secretary of the Interior

19 or the Secretary of Agriculture any new authority on or

20 over non-Federal lands not already provided by law. The

21 authority of the Secretary of the Interior and the Sec22 retary of Agriculture under this Act extends only to Fed23 eral lands and Federal interests in lands included in the

24 National Monument.
7

•S 2784 IS

1 (d) EXISTING RIGHTS.—The management of the Na2 tional Monument shall be subject to valid existing rights.

3 (e) NO BUFFER ZONES AROUND NATIONAL MONU4 MENT.—Because the National Monument is established in

5 a highly urbanized area, Congress does not intend—

6 (1) for the establishment of the National Monu7 ment to lead to the creation of express or implied

8 protective perimeters or buffer zones around the Na9 tional Monument;

10 (2) that an activity on, or use of, private lands

11 up to the boundaries of the National Monument

12 shall be precluded because of the monument designa13 tion, if the activity or use is consistent with other

14 applicable law; and

15 (3) that an activity on, or use of, private lands,

16 if the activity or use is consistent with other applica17 ble law, shall be directly or indirectly subject to ad18 ditional regulation because of the designation of the

19 National Monument.

20 (f) AIR AND WATER QUALITY.—Nothing in this Act

21 shall be construed to change standards governing air or

22 water quality outside of the designated area of the Na23 tional Monument.

24 SEC. 4. DEVELOPMENT OF MANAGEMENT PLAN.

25 (a) DEVELOPMENT REQUIRED.—
8

•S 2784 IS

1 (1) IN GENERAL.—Not later than 3 years after

2 of the date of enactment of this Act, the Secretary

3 of the Interior and the Secretary of Agriculture shall

4 complete a management plan for the conservation

5 and protection of the National Monument consistent

6 with the requirements of section 3(a). The Secretary

7 shall send the management plan to Congress before

8 it is made public.

9 (2) MANAGEMENT PENDING COMPLETION.—

10 Pending completion of the management plan for the

11 National Monument, the Secretaries shall manage

12 Federal lands and interests in lands within the Na13 tional Monument substantially consistent with cur14 rent uses occurring on such lands and under the

15 general guidelines and authorities of the existing

16 management plans of the Forest Service and the

17 Bureau of Land Management for such lands, in a

18 manner consistent with other applicable Federal law.

19 (3) RELATION TO OTHER AUTHORITIES.—Noth20 ing in this subsection shall preclude the Secretaries,

21 during the preparation of the management plan,

22 from implementing subsections (b) and (i) of section

23 5. Nothing in this section shall be construed to di24 minish or alter existing authorities applicable to

25 Federal lands included in the National Monument.
9

•S 2784 IS

1 (b) CONSULTATION AND COOPERATION.—

2 (1) IN GENERAL.—The Secretaries shall pre3 pare and implement the management plan required

4 by subsection (a) in accordance with the National

5 Environmental Policy Act of 1969 (42 U.S.C. 4321

6 et seq.) and in consultation with the local advisory

7 committee established pursuant to section 7 and, to

8 the extent practicable, interested owners of private

9 property and holders of valid existing rights located

10 within the boundaries of the National Monument.

11 Such consultation shall be on a periodic and regular

12 basis.

13 (2) AGUA CALIENTE BAND OF CAHUILLA INDI14 ANS.—The Secretaries shall make a special effort to

15 consult with representatives of the Agua Caliente

16 Band of Cahuilla Indians regarding the management

17 plan during the preparation and implementation of

18 the plan.

19 (3) WINTER PARK AUTHORITY.—The manage20 ment plan shall consider the mission of the Mount

21 San Jacinto Winter Park Authority to make acces22 sible to current and future generations the natural

23 and recreational treasures of the Mount San Jacinto

24 State Park and the National Monument. Establish25 ment and management of the National Monument
10

•S 2784 IS

1 shall not be construed to interfere with the mission

2 or powers of the Mount San Jacinto Winter Park

3 Authority, as provided for in the Mount San Jacinto

4 Winter Park Authority Act of the State of Cali5 fornia.

6 (c) COOPERATIVE AGREEMENTS.—

7 (1) GENERAL AUTHORITY.—Consistent with the

8 management plan and existing authorities, the Sec9 retaries may enter into cooperative agreements and

10 shared management arrangements, which may in11 clude special use permits with any person, including

12 the Agua Caliente Band of Cahuilla Indians, for the

13 purposes of management, interpretation, and re14 search and education regarding the resources of the

15 National Monument.

16 (2) USE OF CERTAIN LANDS BY UNIVERSITY OF

17 CALIFORNIA.—In the case of any agreement with the

18 University of California in existence as of the date

19 of enactment of this Act relating to the University’s

20 use of certain Federal land within the National

21 Monument, the Secretaries shall, consistent with the

22 management plan and existing authorities, either re23 vise the agreement or enter into a new agreement as

24 may be necessary to ensure its consistency with this

25 Act.
11

•S 2784 IS

1 SEC. 5. EXISTING AND HISTORICAL USES OF FEDERAL

2 LANDS INCLUDED IN MONUMENT.

3 (a) RECREATIONAL ACTIVITIES GENERALLY.—The

4 management plan required by section 4(a) shall include

5 provisions to continue to authorize the recreational use of

6 the National Monument, including such recreational uses

7 as hiking, camping, mountain biking, sightseeing, and

8 horseback riding, as long as such recreational use is con9 sistent with this Act and other applicable law.

10 (b) MOTORIZED VEHICLES.—Except where or when

11 needed for administrative purposes or to respond to an

12 emergency, use of motorized vehicles in the National

13 Monument shall be permitted only on roads and trails des14 ignated for use of motorized vehicles as part of the man15 agement plan.

16 (c) HUNTING, TRAPPING, AND FISHING.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the Secretary of the Interior and the Sec19 retary of Agriculture shall permit hunting, trapping,

20 and fishing within the National Monument in ac21 cordance with applicable laws (including regulations)

22 of the United States and the State of California.

23 (2) REGULATIONS.—The Secretaries, after con24 sultation with the California Department of Fish

25 and Game, may issue regulations designating zones

26 where, and establishing periods when, no hunting,
12

•S 2784 IS

1 trapping, or fishing will be permitted in the National

2 Monument for reasons of public safety, administra3 tion, or public use and enjoyment.

4 (d) ACCESS TO STATE AND PRIVATE LANDS.—The

5 Secretaries shall provide adequate access to nonfederally

6 owned land or interests in land within the boundaries of

7 the National Monument, which will provide the owner of

8 the land or the holder of the interest the reasonable use

9 and enjoyment of the land or interest, as the case may

10 be.

11 (e) UTILITIES.—Nothing in this Act shall have the

12 effect of terminating any valid existing right-of-way within

13 the Monument. The management plan prepared for the

14 National Monument shall address the need for and, as

15 necessary, establish plans for the installation, construc16 tion, and maintenance of public utility rights-of-way with17 in the National Monument outside of designated wilder18 ness areas.

19 (f) MAINTENANCE OF ROADS, TRAILS, AND STRUC20 TURES.—In the development of the management plan re21 quired by section 4(a), the Secretaries shall address the

22 maintenance of roadways, jeep trails, and paths located

23 in the National Monument.

24 (g) GRAZING.—The Secretaries shall issue and ad25 minister any grazing leases or permits in the National
13

•S 2784 IS

1 Monument in accordance with the same laws (including

2 regulations) and executive orders followed by the Secre3 taries in issuing and administering grazing leases and per4 mits on other land under the jurisdiction of the Secre5 taries. Nothing in this Act shall affect the grazing permit

6 of the Wellman family.

7 (h) OVERFLIGHTS.—

8 (1) GENERAL RULE.—Nothing in this Act or

9 the management plan prepared for the National

10 Monument shall be construed to restrict or preclude

11 overflights, including low-level overflights, over lands

12 in the National Monument, including military, com13 mercial, and general aviation overflights that can be

14 seen or heard within the National Monument. Noth15 ing in this Act or the management plan shall be con16 strued to restrict or preclude the designation or cre17 ation of new units of special use airspace or the es18 tablishment of military flight training routes over

19 the National Monument.

20 (2) COMMERCIAL AIR TOUR OPERATION.—Any

21 commercial air tour operation over the National

22 Monument is prohibited unless such operation was

23 conducted prior to February 16, 2000. For purposes

24 of this paragraph, ‘‘commercial air tour operation’’

25 means any flight conducted for compensation or hire
14

•S 2784 IS

1 in a powered aircraft where the purpose of a flight

2 is sightseeing.

3 (i) WITHDRAWALS.—Subject to valid existing rights

4 as provided in section 3(d), the Federal lands and inter5 ests in lands included within the National Monument are

6 hereby withdrawn from all forms of entry, appropriation,

7 or disposal under the public land laws, other than by ex8 change, that further the protective purposes of the Na9 tional Monument or as provided in section 6(e), from loca10 tion, entry, and patent under the public land mining laws,

11 and from disposition under all laws pertaining to mineral

12 and geothermal leasing, and mineral materials.

13 SEC. 6. ACQUISITION OF LAND.

14 (a) ACQUISITION AUTHORIZED; METHODS.—State,

15 local government, tribal, and privately held land or inter16 ests in land within the boundaries of the National Monu17 ment may be acquired for management as part of the Na18 tional Monument only by—

19 (1) donation;

20 (2) exchange with a willing party; or

21 (3) purchase from a willing seller.

22 (b) USE OF EASEMENTS.—To the extent practicable,

23 and if preferred by a willing landowner, the Secretary of

24 the Interior and the Secretary of Agriculture shall use per25 manent conservation easements to acquire interests in
15

•S 2784 IS

1 land in the National Monument in lieu of acquiring land

2 in fee simple and thereby removing land from non-Federal

3 ownership.

4 (c) VALUATION OF PRIVATE PROPERTY.—The

5 United States shall offer the fair market value for any

6 interests or partial interests in land acquired under this

7 section.

8 (d) INCORPORATION OF ACQUIRED LANDS AND IN9 TERESTS.—Any land or interest in lands within the

10 boundaries of the National Monument that is acquired by

11 the United States after the date of the enactment of this

12 Act shall be added to and administered as part of the Na13 tional Monument as provided in section 3(b).

14 (e) LAND EXCHANGE AUTHORIZATION.—In order to

15 support the cooperative management agreement in effect

16 with the Agua Caliente Band of Cahuilla Indians as of

17 the date of the enactment of this Act, the Secretary of

18 the Interior may, without further authorization by law, ex19 change lands which the Bureau of Land Management has

20 acquired using amounts provided under the Land and

21 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

22 4 et seq.), with the Agua Caliente Band of Cahuilla Indi23 ans. Any such land exchange may include the exchange

24 of federally owned property within or outside of the bound25 aries of the National Monument for property owned by
16

•S 2784 IS

1 the Agua Caliente Band of Cahuilla Indians within or out2 side of the boundaries of the National Monument. The ex3 changed lands acquired by the Secretary within the bound4 aries of the National Monument shall be managed for the

5 purposes described in section 2(b).

6 SEC. 7. LOCAL ADVISORY COMMITTEE.

7 (a) ESTABLISHMENT.—The Secretary of the Interior

8 and the Secretary of Agriculture shall jointly establish an

9 advisory committee for the National Monument, whose

10 purpose shall be to advise the Secretaries with respect to

11 the preparation and implementation of the management

12 plan required by section 4.

13 (b) REPRESENTATION.—To the extent practicable,

14 the advisory committee shall include the following mem15 bers:

16 (1) A representative with expertise in natural

17 science and research selected from a regional college

18 or university.

19 (2) A representative of the California Depart20 ment of Fish and Game or the California Depart21 ment of Parks and Recreation.

22 (3) A representative of the County of Riverside,

23 California.
17

•S 2784 IS

1 (4) A representative of each of the following cit2 ies: Palm Springs, Cathedral City, Rancho Mirage,

3 La Quinta, Palm Desert, and Indian Wells.

4 (5) A representative of the Agua Caliente Band

5 of Cahuilla Indians.

6 (6) A representative of the Coachella Valley

7 Mountains Conservancy.

8 (7) A representative of a local conservation or9 ganization.

10 (8) A representative of a local developer or

11 builder organization.

12 (9) A representative of the Winter Park Au13 thority.

14 (10) A representative of the Pinyon Community

15 Council.

16 (c) TERMS.—

17 (1) STAGGERED TERMS.—Members of the advi18 sory committee shall be appointed for terms of 3

19 years, except that, of the members first appointed,

1 20 ⁄3 of the members shall be appointed for a term of

1 year and 1 21 ⁄3 of the members shall be appointed for

22 a term of 2 years.

23 (2) REAPPOINTMENT.—A member may be re24 appointed to serve on the advisory committee upon

25 the expiration of the member’s current term.
18

•S 2784 IS

1 (3) VACANCY.—A vacancy on the advisory com2 mittee shall be filled in the same manner as the

3 original appointment.

4 (d) QUORUM.—A quorum shall be 8 members of the

5 advisory committee. The operations of the advisory com6 mittee shall not be impaired by the fact that a member

7 has not yet been appointed as long as a quorum has been

8 attained.

9 (e) CHAIRPERSON AND PROCEDURES.—The advisory

10 committee shall elect a chairperson and establish such

11 rules and procedures as it deems necessary or desirable.

12 (f) SERVICE WITHOUT COMPENSATION.—Members

13 of the advisory committee shall serve without pay.

14 (g) TERMINATION.—The advisory committee shall

15 cease to exist on the date upon which the management

16 plan is officially adopted by the Secretaries, or later at

17 the discretion of the Secretaries.

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated such sums

20 as are necessary to carry out this Act.

Æ