[House Report 106-750]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-750
======================================================================
SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 2000
_______
July 17, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3676]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3676) to establish the Santa Rosa and San Jacinto
Mountains National Monument in the State of California, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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:
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 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, agricultural,
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 the map entitled ``Boundary Map, Santa Rosa and San Jacinto National
Monument'', dated ____ ____, 2000.
(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.
SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NATIONAL 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 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 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.
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.--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 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 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 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 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 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.
(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 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 hereby withdrawn from all forms of entry,
appropriation, or disposal under thepublic land laws, other than by
exchange, that further the protective purposes of the National Monument
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 geothermal leasing, and mineral materials.
SEC. 6. ACQUISITION OF LAND.
(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) Payment of Fair Market Value.--The Secretary 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 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).
(f) Use of Land and Water Conservation Fund.--Except as otherwise
provided in this Act, the land and water conservation fund shall be the
only authorized source of funds to acquire interests or portions of
interests in lands under this section.
SEC. 7. LOCAL ADVISORY COMMITTEE.
(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, \1/3\ of the members shall be appointed for a
term of 1 year and \1/3\ 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 8 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
purpose of the bill
The purpose of H.R. 3676 is to establish the Santa Rosa and
San Jacinto Mountains National Monument in the State of
California.
background and need for legislation
H.R. 3676 would designate federal lands in the Santa Rosa
and San Jacinto Mountains in California as a National Monument.
The purpose of this establishment would be to preserve for the
enjoyment of the people the biological, cultural, recreational,
geological, educational, and scientific resources in the Santa
Rosa and San Jacinto Mountains of California. The National
Monument designation will consist of approximately 280,000
acres of land, which includes parts of the Santa Rosa and San
Jacinto Mountains along with other federal land. The Secretary
of the Interior (Bureau of Land Management) and the Secretary
of Agriculture (U.S. Forest Service) shall continue to manage
lands under their current jurisdiction within the monument.
H.R. 3676 assures that designation of the National Monument
shall not lead to the creation of protective perimeters or
buffer zones and also assures that any activity or use on
private land not be precluded as a result of the monument
designation if that activity or use is consistent with other
applicable law. The establishment of this Monument will not
affect any Indian reservations, State, city, county, special
district or privately owned lands or interest in lands and is
subject to all valid existing rights. The establishment of the
National Monument will not be construed to alter the existing
authorized uses of the federal lands included in the National
Monument. H.R. 3676 intends to generally manage land within the
Monument to continue many of the currently authorized or
historical land uses. These uses include recreational
activities, hunting, trapping, and fishing, grazing, and
aircraft overflights with the exception that any commercial air
tour operation shall be prohibited unless that operation was
conducted prior to February 16, 2000.
H.R. 3676 directs the appropriate Secretaries to develop a
management plan and have it completed within four years of the
date of enactment. The bill also establishes an advisory
committee representing a broad array of interests for the
National Monument.
H.R. 3676 specifies that State and privately held land or
interests in land within the boundaries of the National
Monument may be acquired as part of the National Monument only
if the land is donated, purchased from a willing seller, or
exchanged with a willing party. The bill also directs the
Secretaries, to the extent practicable, to use conservation
easements in lieu of fee simple acquisitions.
committee action
H.R. 3676 was introduced on February 16, 2000, by
Congresswoman Mary Bono (R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands and the
Subcommittee on Forests and Forest Health. On March 16, 2000,
the National Parks and Public Lands Subcommittee held a hearing
on the bill. On April 13, 2000, the National Parks and Public
Lands Subcommittee met to consider the bill. An amendment in
the nature of substitute was offered by Congressman James V.
Hansen (R-UT). The amendment contained provisions for interim
action which will implement the withdrawals and motorized
vehicle sections immediately, rather than waiting for the
development of the management plan. The amendment also changed
the buffer zone language to insure that no buffer zones exist
around the monument. Congressman Carlos Romero-Barcelo (D-PR)
offered and withdrew a substitute amendment to the Hansen
amendment. The Hansen amendment was adopted by voice vote. The
bill, as amended, was then ordered favorably reported to the
Resources Committee by voice vote. On June 20, 2000, the
Resources Committee met to consider the bill. The Subcommittee
on Forests and Forest Health was discharged from further
consideration of the bill by unanimous consent. An amendment in
the nature of a substitute was offered by Congressman Hansen.
The substitute removed the provision dealing with water rights
and strengthened private property rights. Congressman Richard
Pombo (R-CA) offered an amendment to the amendment to clarify
that the federal government shall not establish ``buffer
zones'' or use the monument designation to restrict lawful
activities and land uses on private land. The amendment also
provided options for the private landowner insofar as fair
market land values and provided for the exclusive use of the
Land and Water Conservation Fund for land or land interests
acquisitions. The amendment was adopted by voice vote, and the
Hansen amendment, as amended, was also adopted by voice vote.
The bill, as amended, was then ordered favorably reported to
the House of Representatives by voice vote.
committee oversight findings and recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
advisory committee statement
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
constitutional authority statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
compliance with house rule xiii
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of the bill could affect offsetting receipts, but
``any such effects would be negligible.''
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 28, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3676, the Santa
Rosa and San Jacinto Mountains National Monument Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs), and Natalie Tawil (for the
private-sector impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3676--Santa Rosa and San Jacinto Mountains National Monument Act
of 2000
CBO estimates that implementing H.R. 3676 would not
significantly affect the federal budget. Because the bill could
affect offsetting receipts (a form of direct spending), pay-as-
you-go procedures would apply; however, CBO estimates that any
such effects would be negligible.
H.R. 3676 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of state, local, or tribal
governments. The bill contains a private-sector mandate, as
defined by UMRA, on operators of commercial air tours. CBO
estimates that the mandate would impose no additional costs on
the private sector.
H.R. 3676 would establish the Santa Rosa and San Jacinto
Mountains National Monument on about 272,000 acres of land in
California. Of the lands that would be included in the
monument, about 152,000 acres are federally owned and
administered by the Bureau of Land Management (BLM) and the
Forest Service; the rest of the lands are owned by state,
tribal, or private entities. The bill specifies that BLM and
the Forest Service would continue to administer federally owned
lands and stipulates that the monument designation would have
no impact on any nonfederal property rights or interests.
H.R. 3676 would direct the Secretary of the Interior and
the Secretary of Agriculture to establish an advisory committee
to assist in developing a management plan for the conservation
and protection of the national monument and would authorize the
two agencies to enter into cooperative agreements to implement
that plan. The bill also would authorize the agencies to
acquire nonfederal lands within the boundaries of the monument
by donation, exchange, or purchase from willing sellers. Based
on information from BLM and the Forest Service, CBO estimates
that operating the advisory committee, developing the
management plan, and adding staff and services to the area
would cost less than $500,000 annually starting in 2001,
assuming the availability of appropriated funds. We estimate
that other provisions would not affect discretionary spending.
Subject to valid existing rights, H.R. 3676 would withdraw
federal lands within the proposed national monument from entry,
appropriation, or disposal under the public land laws and from
mining, mineral leasing, and geothermal leasing. Enacting those
provisions would result in forgone offsetting receipts from
those lands over the next five years. Based on information from
BLM and the Forest Service, CBO does not expect the amount of
receipts from these activities to be significant.
H.R. 3676 would prohibit commercial air tour operations
over the national monument that would be established by the
bill, unless such tours were conducted prior to February 16,
2000. According to government sources, no such operations are
in existence and none are planned or expected. Thus, this
mandate would not impose any incremental costs on the private
sector.
The CBO staff contacts are Megan Carroll (for federal
costs), and Natalie Tawil (for the private-sector impact). This
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.