IB
Union Calendar No. 431
106TH CONGRESS
2D SESSION
H. R. 3676
[Report No. 106–750]
To establish the Santa Rosa and San Jacinto Mountains National Monument
in the State of California.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mrs. BONO introduced the following bill; which was referred to the Committee
on Resources
JULY 17, 2000
Additional sponsors: Mr. CALVERT, Mr. LEWIS of California, Mr. SKELTON,
Mr. FARR of California, Mr. SWEENEY, Mr. CHAMBLISS, Mr. TAYLOR of
Mississippi, Mr. BLAGOJEVICH, Mr. PETERSON of Minnesota, Mr. BER-
MAN, Mr. CONDIT, Mr. REYES, Mr. GRAHAM, Mr. DOOLITTLE, Mr.
ROHRABACHER, Mr. CAMPBELL, Mr. TAUZIN, Mr. WALDEN of Oregon,
Mr. HUTCHINSON, Mr. GILCHREST, Ms. ROS-LEHTINEN, Mr. WAMP, Mr.
THOMAS, Mrs. ROUKEMA, Mr. DICKEY, Mr. BURR of North Carolina, Mr.
PETERSON of Pennsylvania, Mr. BILBRAY, Mr. HAYWORTH, Mr. BUYER,
Mr. FOLEY, Mr. HILLEARY, Mr. WELLER, Mr. BURTON of Indiana, Mr.
CAMP, Mr. MCKEON, Ms. LOFGREN, Mr. KINGSTON, Mr. HUNTER, Mr.
CUNNINGHAM, 
Mr. 
LARGENT, 
Mr. 
DREIER, 
Mr. 
HOYER, 
Mr.
KUYKENDALL, Mr. KUCINICH, Mr. THUNE, Mr. DAVIS of Virginia, Mr.
ROGAN, Mr. ANDREWS, Mr. EHRLICH, Mr. MANZULLO, Mr. GOODLATTE,
Mr. YOUNG of Florida, Mr. QUINN, Mr. SPENCE, Ms. MILLENDER-
MCDONALD, Mr. CANNON, Mr. BACHUS, Mr. CANADY of Florida, Mr.
HAYES, Mr. MOAKLEY, Ms. SCHAKOWSKY, Mr. EWING, Mr. JACKSON of
Illinois, Mrs. KELLY, Mr. NETHERCUTT, Mrs. CAPPS, Mr. DOOLEY of
California, Mr. HORN, Mr. SAXTON, Mr. STEARNS, Mr. COX, Mr. DIAZ-
BALART, Mrs. CUBIN, Mr. NUSSLE, Mr. BRYANT, Mr. EHLERS, Mr.
CRANE, Ms. MCCARTHY of Missouri, Mr. BARTLETT of Maryland, Mr.
TAYLOR of North Carolina, Mr. TIAHRT, Mr. CONYERS, Mr. VITTER, Mr.
THORNBERRY, Ms. GRANGER, Mr. SAM JOHNSON of Texas, Mr. RYUN
of Kansas, Mrs. BIGGERT, Mr. ROYCE, Mr. HANSEN, Mr. WICKER, Mr.
FLETCHER, Ms. DUNN, Mr. BONILLA, Mr. LAZIO, Mrs. MINK of Hawaii,
Mr. GREENWOOD, Mr. PEASE, Ms. PRYCE of Ohio, Mr. SCHAFFER, Mr.
HULSHOF, Mr. SMITH of New Jersey, Mr. LEACH, Mrs. MYRICK, Mr.
SESSIONS, Mr. MORAN of Kansas, Mr. HOEKSTRA, Mr. GUTKNECHT, Mr.
SCARBOROUGH, Mr. FOSSELLA, Mr. GOODE, Mr. JONES of North Caro-
lina, Mr. STENHOLM, Mr. HYDE, Mr. GONZALEZ, Mr. DEMINT, Ms.
SANCHEZ, Mr. BOYD, Mr. BACA, Ms. WOOLSEY, Mrs. NORTHUP, Mr.
ENGLISH, Mr. SNYDER, Mr. JENKINS, Mr. WELDON of Pennsylvania, Mr.
LAHOOD, Mr. MCHUGH, and Mr. WATTS of Oklahoma
JULY 17, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 16, 2000]
A BILL
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,
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 Monu-
ment, 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, edu-
cational, 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, provide
a picturesque backdrop for Coachella Valley commu-
nities and support an abundance of recreational op-
portunities that are an important regional 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 consistent
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.
(b) ESTABLISHMENT
AND PURPOSES.—In order to
preserve the nationally significant biological, cultural, rec-
reational, agricultural, geological, educational, and sci-
entific 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 vis-
tas, 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 Na-
tional Monument (in this Act referred to as the ‘‘National
Monument’’).
(c) BOUNDARIES.—The National Monument shall con-
sist of Federal lands and Federal interests in lands located
within the boundaries depicted on the map entitled ‘‘Bound-
ary Map, Santa Rosa and San Jacinto National Monu-
ment’’, dated ll ll, 2000.
(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 re-
ferred to in subsection (c) to prepare legal descrip-
tions of the boundaries of the National Monument.
The Secretary shall submit the resulting legal descrip-
tions to the Committee on Resources and the Com-
mittee on Agriculture of the House of Representatives
and to the Committee on Energy and Natural Re-
sources and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
(2) LEGAL EFFECT.—The map and legal descrip-
tions 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 descrip-
tions. The map shall be on file and available for pub-
lic 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 In-
terior 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 Re-
sources 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 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 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 Na-
tional 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 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 Monument
shall not lead to the creation of express or implied
protective perimeters or buffer zones around the Na-
tional 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.—Pend-
ing completion of the management plan for the Na-
tional Monument, the Secretaries shall manage Fed-
eral lands and interests in lands within the National
Monument substantially consistent with current uses
occurring on such lands and under the general guide-
lines 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.—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 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 Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and in consultation with the local advisory committee
taries may enter into cooperative agreements and
shared management arrangements, which may in-
clude 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
enactment of this Act relating to the University’s use
of certain Federal land within the National Monu-
ment, the Secretaries shall, consistent with the man-
agement 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 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 Monu-
ment 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 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 accord-
ance 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 Monu-
ment 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 ef-
fect of terminating any valid existing right-of-way within
the Monument. The management plan prepared for the Na-
tional Monument shall address the need for and, as nec-
essary, 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 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 admin-
ister any grazing leases or permits in the National Monu-
ment in accordance with the same laws (including regula-
tions) 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 Monu-
ment shall be construed to restrict or preclude over-
flights, including low-level overflights, over lands in
the National Monument, including military, commer-
cial, 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 here-
by 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 Monu-
ment 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 geo-
thermal leasing, and mineral materials.
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 owner-
ship.
(c) PAYMENT OF FAIR MARKET VALUE.—The Sec-
retary 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 INTER-
ESTS.—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 Monu-
ment 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 Inte-
rior may, without further authorization by law, exchange
lands which the Bureau of Land Management has acquired
using amounts provided under the Land and Water Con-
servation 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 prop-
erty 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 Monu-
ment shall be managed for the purposes described in section
2(b).