IIB
106TH CONGRESS
2D SESSION
H. R. 3676
IN THE SENATE OF THE UNITED STATES
JULY 25, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Santa Rosa and San Jacinto Mountains National Monu-
ment 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 Moun-
tains in southern California contain nationally sig-
nificant biological, cultural, recreational, geological,
educational, and scientific values.
(2) The magnificent vistas, wildlife, land forms,
and natural and cultural resources of these moun-
tains 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, pro-
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vide a picturesque backdrop for Coachella Valley
communities and support an abundance of rec-
reational opportunities that are an important re-
gional economic resource.
(4) These mountains have special cultural value
to the Agua Caliente Band of Cahuilla Indians, con-
taining 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 activi-
ties 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 con-
sistent with other applicable law.
(7) The Bureau of Land Management and the
Forest Service should work cooperatively in the man-
agement of the National Monument.
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(b) ESTABLISHMENT AND PURPOSES.—In order to
preserve the nationally significant biological, cultural, rec-
reational, 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 des-
ignated the Santa Rosa and San Jacinto Mountains Na-
tional 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 lo-
cated 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 bound-
aries.
(d) LEGAL DESCRIPTIONS; CORRECTION
OF ER-
RORS.—
(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 descrip-
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tions of the boundaries of the National Monument.
The Secretary shall submit the resulting legal de-
scriptions to the Committee on Resources and the
Committee on Agriculture of the House of Rep-
resentatives and to the Committee on Energy and
Natural Resources and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate.
(2) LEGAL EFFECT.—The map and legal de-
scriptions of the National Monument shall have the
same force and effect as if included in this Act, ex-
cept 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 NA-
TIONAL 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 Na-
tional Monument, and shall allow only those uses of the
National Monument that further the purposes for the es-
tablishment of the National Monument, in accordance
with—
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(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 Re-
sources Planning Act of 1974 (16 U.S.C. 1600 et
seq.) and section 14 of the National Forest Manage-
ment 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 bound-
aries of the National Monument that are acquired by the
Bureau of Land Management after the date of the enact-
ment of this Act shall be managed by the Secretary of
the Interior. Lands or interests in lands within the bound-
aries 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 PRI-
VATE LANDS AND INTERESTS.—Nothing in the establish-
ment 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 in-
terests in lands held by the State of California, any polit-
ical subdivision of the State of California, any special dis-
trict, or the Mount San Jacinto Winter Park Authority,
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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 Sec-
retary of Agriculture under this Act extends only to Fed-
eral lands and Federal interests in lands included in the
National Monument.
(d) EXISTING RIGHTS.—The management of the Na-
tional Monument shall be subject to valid existing rights.
(e) NO BUFFER ZONES AROUND NATIONAL MONU-
MENT.—Because the National Monument is established in
a highly urbanized area—
(1) the establishment of the National Monu-
ment shall not lead to the creation of express or im-
plied 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 designa-
tion, 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
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law, shall not be directly or indirectly subject to ad-
ditional 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 Na-
tional 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 Sec-
retary of the Interior and the Secretary of Agri-
culture shall complete a management plan for the
conservation and protection of the National Monu-
ment 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 Na-
tional Monument substantially consistent with cur-
rent uses occurring on such lands and under the
general guidelines and authorities of the existing
management plans of the Forest Service and the
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Bureau of Land Management for such lands, in a
manner consistent with other applicable Federal law.
(3) RELATION TO OTHER AUTHORITIES.—Noth-
ing 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 di-
minish or alter existing authorities applicable to
Federal lands included in the National Monument.
(b) CONSULTATION AND COOPERATION.—
(1) IN GENERAL.—The Secretaries shall pre-
pare 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 INDI-
ANS.—The Secretaries shall make a special effort to
consult with representatives of the Agua Caliente
Band of Cahuilla Indians regarding the management
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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 the enactment of this Act relating to the Univer-
sity’s use of certain Federal land within the National
Monument, the Secretaries shall, consistent with the
management plan and existing authorities, either re-
vise 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 con-
sistent 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 des-
ignated for use of motorized vehicles as part of the man-
agement plan.
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(c) HUNTING, TRAPPING, AND FISHING.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Interior and the Sec-
retary of Agriculture shall permit hunting, trapping,
and fishing within the National Monument in ac-
cordance with applicable laws (including regulations)
of the United States and the State of California.
(2) REGULATIONS.—The Secretaries, after con-
sultation 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, administra-
tion, 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
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necessary, establish plans for the installation, construc-
tion, and maintenance of public utility rights-of-way with-
in the National Monument outside of designated wilder-
ness areas.
(f) MAINTENANCE OF ROADS, TRAILS, AND STRUC-
TURES.—In the development of the management plan re-
quired 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 ad-
minister any grazing leases or permits in the National
Monument in accordance with the same laws (including
regulations) and executive orders followed by the Secre-
taries in issuing and administering grazing leases and per-
mits on other land under the jurisdiction of the Secre-
taries. 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, com-
mercial, and general aviation overflights that can be
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seen or heard within the National Monument. Noth-
ing in this Act or the management plan shall be con-
strued to restrict or preclude the designation or cre-
ation of new units of special use airspace or the es-
tablishment 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 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
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(C) operation of the mineral leasing and
geothermal leasing laws and the mineral mate-
rials laws.
(2) EXCHANGE.—Paragraph (1)(A) does not
apply in the case of—
(A) an exchange that the Secretary deter-
mines 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 inter-
ests in land within the boundaries of the National Monu-
ment may be acquired for management as part of the Na-
tional 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 per-
manent 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.
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(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 IN-
TERESTS.—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 Na-
tional 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, ex-
change 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 Indi-
ans. Any such land exchange may include the exchange
of federally owned property within or outside of the bound-
aries of the National Monument for property owned by
the Agua Caliente Band of Cahuilla Indians within or out-
side of the boundaries of the National Monument. The ex-
changed lands acquired by the Secretary within the bound-