[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Enrolled Bill (ENR)]
H.R.3676
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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,

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(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:

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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 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.

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(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.
(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.

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(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 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

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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.

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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 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 rights-of-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 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).

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(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.
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).

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(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.

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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.

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Santa Rosa and San Jacinto Mountains National Monument Act of 2000 — HR. 3676

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