H. R. 3676—4
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 sub-
section 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 imple-
ment the management plan required by subsection (a) in accord-
ance 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 Secre-
taries 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 Cali-
fornia.
(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
H. R. 3676—5
biking, sightseeing, and horseback riding, as long as such rec-
reational 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 regu-
lations) 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 regula-
tions designating zones where, and establishing periods when,
no hunting, trapping, or fishing will be permitted in the
National Monument for reasons of public safety, administration,
or public use and enjoyment.
(d) ACCESS TO STATE AND PRIVATE LANDS.—The Secretaries
shall provide adequate access to nonfederally owned land or
interests in land within the boundaries of the National Monument,
which will provide the owner of the land or the holder of the
interest the reasonable use and enjoyment of the land or interest,
as the case may be.
(e) UTILITIES.—Nothing in this Act shall have the effect of
terminating any valid existing right-of-way within the Monument.
The management plan prepared for the National Monument shall
address the need for and, as necessary, establish plans for the
installation, construction, and maintenance of public utility rights-
of-way within the National Monument outside of designated wilder-
ness 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 manage-
ment plan prepared for the National Monument shall be con-
strued 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
H. R. 3676—6
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 pro-
vided 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 govern-
ment, 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 pre-
ferred by a willing landowner, the Secretary of the Interior and
the Secretary of Agriculture shall use permanent conservation ease-
ments 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.
H. R. 3676—7
The exchanged lands acquired by the Secretary within the bound-
aries 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 com-
mittee 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 Recre-
ation.
(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 organiza-
tion.
(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 com-
mittee 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.
H. R. 3676—8
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.