HomeMy WebLinkAbout12/1/1999 - STAFF REPORTS (3) DATE: November 24, 1999
TO: City Council
FROM: Director of Planning&Building via Interim City Manager
SUBJECT.PROPOSED NATIONAL MONUMENT
Please find attached the background material submitted to the Secretary of the Interior regarding
the proposed National Monument. Also attached is the proposed revised boundary map(Exhibit
"A"). Planning staff is preparing a Resolution regarding the proposed boundary and direction
regarding the proposed language for the actual legislation to be considered by Congress.
Congresswoman Bono has scheduled a field workshop for December 7, 1999 at 6:30 pm. at
Rancho Mirage City Council Chambers.
Additional materials will be provided to the City Council at the meeting.
Douglas vans
Director of Planning&Building
,i.-r Dallas Flicek
Interim City Manager
Attacbments: Letter from James Schlecht(Schlecht, Shevlin&Shoenberger),dated 11/4/99
Proposal for National Monument
Exhibit "A"
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SCHLECHT, SHEVLIN & SHOENBERGER
J�U.BkVL1N lr A LAW CORPORATION 7ELEMONa (7ft 920.7161
)ON A.SM RNSE LAWYERS THLEcorm =-17s8
70N A.SHOBNameclaR f J6%
DANBn.T.JOHNSON POST OPME BOX 2744 "AU'4WkW*8W.nN
DAVID A.DARRJN 801 BAST TAHQUn2 CANYON WAY.SUrrS 100 IN REFLY RII=TO:
PALIy SPRIKOS, CALIFORNIA 92263-2744
9517.7
November 4, 1999
Doug D toor of planning and Building SENT MA `�
City of Palm Springs
Post OfAce Box Z743
Palm Springs, California 92263
RE: PALM HILTC PROJECT AND PROPOSED SANTA ROSA MOUNTAINS
NATIONAL MONUMENT LEGISLATION
Dear Doug:
! As a follow-up to our meetin last Friday, re we a setting forth in this letter our suggestions for
modifications to the proposed National Monument Legislation,
We assume from our discussion that you will be malting the changes to the boundary
designations to show Palm Hills being out of being included within the National Monument.
Our suggestions go to the language in the legislation itself as follows:
1. We suggest adding a new finding in §2 as follows:
"T The boundaries of the National Monument have been
established to include within them all of the land necessary to
provide adequate rotecuon, now and in the future to ensure the
i protection of all of the important biological, cultural, recreational,
geological, educational and scientific values which justify the
establishment of the National Monument. Land outside of the
boundaries has been determined to be without such values and,
further, the development of that land, particularly that which is
held in private ownership, will not in any wayanterfere with or
otherwise degrade the Moor which the National Monument has
bcar established." ,
2. We suggest modifying 13(a) by changing the first sentence as follows:
"(a) ESTABLISHMENT AND PURPOSES. -In order to
4 greserve die oo g10 i all educational a
nd 1 and scientific biological,cultural,
Ammmd,In the Santa
Rosa and Stan Jacinto Wountains, California,as an enduring legacy
of our heritage, and to secure for ftttum generations the
: opportunity to experience the magnificent vistas, 'Wildlife,
landforms, and natural and cultural resources in.these jhbuntains,
while at the same time preserving private p rights there is
hereby designated the Santa Rosa and Sanfacinto llsFountaina
National Monument."
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SCHLECHT, SHEVLIN & SHOENBERQER
A LAW CORPORATION
LAwrBBa
Doug Evans
November 4, 1999
Page 2
3. We suggest that the words "of itself' in the next to last line of current $4(c), NO
BUFFER ZONES, should be deleted and the revised subsection should then be moved
to the end of 14.
4. We also suggest adding two new subsections as follows:
N(f)_NO INTERFERENCE WrM DEVELOPMENT
ADJACENT' TO THE NATIONAL MONUMENT. - The
Congress does not intend that the establishnIett or maintenance of
the National Monument interfere in any way with the development
of land, particularly that-held in private ownership, adjacent to the
National Monument."
"(pa DEVELOPMENT WITHIN BUFFER ZONES. -The
' Secretary shall take all reasonably feasible actions to assist n the
' development of non-government, privately owned lands including,
but not limited to, allowing access to such lands through the
national monument, to the extent those actions do not unreasonably
interfere with the protection of those values for which the National
Monument has been established."
S. We suggest adding a new first sentence to 15(a) so that it would read as follows:
"(a) LAND ACQUISITION. - The 'Congress beech
prohibits tthha acquisition of non-government, vately owned lands
t or interests through the use of the power oreminent domain for
inclusion within the National Monument. The Secretary may
acquire..."
6. We would add a second sentence to $7 as follows:
"No such sums shall be used to acquire non-ggovernment
privately owned lands or interests through the use of me-power o�
eminent domain."
In line with above, we enclose a clean copy of the entire "Bill" with our changes included.
Please call if you have any questions or comment.
truly yours,
es M. Schlech ,
ct(Enclosure
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R:emeth B.Bley (w/eaclame "
Had atrozlet (w/�elwure
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DRAFT Op NATIONAL MONUMENT LEGISLATION (4/7/99)
A BILL
To eatablish the Santa Rosa and San Jacinto Mountains National Momar mt in the State of
California, and for related purposes.
$a it enacted by the Senate and House of Representatives of the United.States of Awrica in
Congress assembled.
SECTION 1. SHORT TITLE
y This Act any be cited as the "Sands.Rosa and San Jacinto Mountains National
Momanent Act of 1999".
SECTION 2. FINDINGS
The Congress finds and declares that:
f (1) The federal ]aside on the dasa t slopes of the Sam Rosa and San Jacinto Mountains possess a
wealth of pationally significant mcreattWxW and navaal featurm to be enjoyed by currant and
future generations;
(2) The mountains, which rise abtupt(y from the dawn floor to an elevation of 10,8M feet,
s provide it pictutaque backdrop for the Coachella Valley coramtmittee and support an abundance of
+ recreational oppomimbes which are an important regional economic resource;
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(3) As urban dadopmeat in at valley has significantly increased, the tmoturtaim have become a
treaaured natural resource visited by raiUious of nearby urban residents and conmless visitors fttma
avound the world;
(4) This area is oroopdonally diverse biologically, co Wining five distinct "life 7=06" #Ores
+ Sonoran Desert to Aretie Alpine, and provides habitat �tatmmm state and federally listed
threatened or andangatod species, including the penhwalar blghom sheep, the least BCD's vireo, the
wuthwastea'n willow flycatcher, the desert slender sdmro W. and the dont tortoise.
(S) The unique natural, oulttiral, educational, scim4, and rerreational values of all or a '
portion of the area have been recognized nationally through designations such as the Santa R04
Mountains national Soeaio Am, the Santa Roan Wildermss, the Santa Rosa and Ague Caliewe
i.Iadien Rehry bons, ad the eamblisbwAm of the Mount San Jacinto State Park, Philip L. Boyd Deep
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Canyon Desert Research Centet, Department of Fish and Game ecological reserves, and the
Coachella Valley Mountains Conservemy;
(6) The mountains have special cultural value to the Cahuilla people, containing significant
cultural sites, including village sites, trails, petroglypbs, and other evidence of their habitation.
(7) The boundaries of the National Monument have been established to include within them all
of the Iand aecwssary to provide adequate protection, now and in the future, to ensure the protesUon
of all of the important biolvgieal, cultural, recreational, geological, educational and mientifro values
which Justify the establishment of the Natlotlgl Monument. Land outside of the boundaries bas been
determined to be without such values and, further, the development of that land, particularly' that
which is held in private ownership, will not in any way interfere with or otherwise degrade the
vales for which the National MonamenE has been established,
i-a-1 SB,CTION 3. ESTABLISHMENT OF THE NATIONAL MONUMENT
i (a) ESTABLISHMENT AND MtPOSES - in order or ptesarve the nationally significant
. biological, cultural, rematioaal, geological, educational, and scientific values found in the Santa
Rosa and,San Jacinto Mountains, California, as an enduring legacy of our bmItage, and to secure
for togs genernic" the opportunity to experior= the magnificent vistas, wildlife, landforms. Wad
natural and cultural racurces in these mountains while at the same time preserving private property
rights, there is hereby designated the Santa Rosa and San Jacinto Mountains National Monument.
Within the boundaries of the National Moistener, there are approximately 280.000 acres of which
approximately ow half is federal land, as generally depicted on a map entitled "BmAdary Map,
Sams Rosa and San Jacinto National Monument", dated March 30. 1999,
(b) MAPS AND LEGAL pFSCUMON - As soon as practicable after the date of the
enactment of this Act, the Sactctary shall file it map and legal description of the National Monument
designated by this Act with the Committee on Resources of the House of ltepresentatim and with
` the Committee on EnnV and Natural Resources of the Sainte. Such map and legal description
shall have the aa= force and affeut as if included in this Act, except that the Secretary, as
:appropriate, may correct clerical and typographical errors in such legal description and map sad
manta minor revisions in the boundary of the National Monument. Such map shall be op Ille and
available for public inspection in the offices of the Direction of the Bureau of Land Management and
4 the Chief of the Forest Service (hereinafter refarted to as the "Director and the Chief") is the
-District of Columbia and at agency offices is Sacramento, Vallejo, Riverside, Palm Springs, Sae
,. Bernardino, and Idyllwild, California.
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SECTION 4. MANAGEMENT OF FEDERAL LANDS WITHIN THE
NATIONAL MONUMENT
(a) MANAGEMENT - Subjeet to valid existing rights, the Secretary shaft manage the
fetal lands within the National Monument comistmt with the Purpose descnbed in Section 3(a)
and Sections 4 and 5 of this Act and all applicable ftderal law.
(b) INDIAN RESERVATION, STATE AND PRIVATE LANDS AND INTERESTS NOT
AF FCTED - The establisbment of the National Monument shall not affect any Indian Reservation,
State, City, County, specie) di c;4 or privately owned lands or interests in lands. The Secretary
Jhahl have no authority on non-federal lands within the National Moment not already provided by
tw. (a) DEVELOPMENT OF MANAGEMENT PLAN - The Secretary, iA cooperation with the
"amia Department of Fish and Game, the California Department of Parka and liecnration, the
University of California through its Natural Reserve Systdm, the Coachella Valley Mountains
{ Conservancy, the winter Park Authority, the Ague CalieNe Sand of Cabuilla Indians, the Santa
Rosa OW of Cahuills.Indians, the County of Riverside, laud the cities with land use and land
management responsibilities in these mountains, shall, by not hater than four years of the enactment
of this Act, prepare a Mznagament plan consistent with this Act and with the Conservation,
oabanceuueat, and protection of the National Monument. The Secretary may from time to time
thereafter nnako such revisions as am necessary to anwre that cowtsteney followimg consultation
win repreXet ativea of various gove=mental entities and Other Imp* listed in this subsectiaA.
i (d) COOPERATIVE AGREEMENTS - The Secretary'may, consistent with the mauagea Bw
1 plan and existing authorities, enter into cooperative agreements, shared management arrengememts,
or special use permits with any person for the purposes of managennent, interpretation, and research
of the National Monnw=t's resources. The Se4' Wxy shall,'eonpiatent with die Mapagetaent plan
and existing authorities, either revive agreement(a) with the University of California existing as of
eoactment of this Act relating to the University's use of certain federal lands within the National
ss may be Aaxssary to ensure conaiatency with this Act, or enter into a new
s), to ensure the continuation of die University's and lands research and educational
activides within this National Monument.
(e) NO BUFFER ZONES • The Congress does q)t ittnod for the designation of this
National
Monument to lead to the creation of proeecdve perimeters or buf[er zones around this
RNadoud Monumm. The fact that activities or uses cart be seen or heard from areas within the
ANtioonal Monument shall not preclude sorb activities or non up to the boundary of this National
Momhment. ,
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(f) 140 MTERVERBNC$WITH DEVELOPMENT ADJACENT TO NATIONAL
MONUMENT BOUNDARIES - The Congress does not blend that the establishment or maintenance
of. the National Monument interfere in any Way with the development of land, particularly that bold
it private ownership, a4acent to the National Momment.
(g) DF.VELOPMENT ADJACENT TO NATIONAL MONUMENT BOUND,ARIBS, - The
Secretary shall take all reasonably feasible actions to assist in the development of moa goven�rent,
privately owned lands iocludlaif but not limited to, 40owing access to such lands through the
National Momnmeat, to the extent those actions do not unreasonably interfere with the protection of
those values for which the National Mommmt has beam established.
$ECTION 5. LAND A,CQUI$ITION
} (x) LAND ACQUISITION - The Congress horeb$ prohibits tole acquisition of non-
goverment, privately owned lands or interests through a usb of the power of eminent domain for
inclusion within the National Monument. The Secretary rosy acquire non-government, privately
owned lands and interests therein within &a National MmumAnt by donation, by exchange, or by
purchase with the consent of the owner thereof. The Secretary may accept, rmeive, bold,
sdmigia=, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property,
including any int ome fecal or interest in property or any fiords, for management of the National
Mozennent for dw purposes for which the Natlonal Momrmemt is established under section 3(a).
(b) MANAGEMENT • Lands or interests therein within the National Momrmv% so acquired
by the United States shall, after such acquisition, be incorporated into and managed as part of the
,3�Tationnl Monument.
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SECTION 6. WITHDRAWAL; MINERAL DEVELOPMENT
(a) WITHDRAWAL - Subject to valid existing rigltts, all Federal lands within the
conservation area, including all lands or interests acquired by the United States after the date of
enactraM of this Act, are hereby withdrawn f o m all fotms of entry, appropriation, or disposal
under the public land laws and itvtn location, etary, and patent utulcr ft raining laws of tho United
States.
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SECCION 7. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated such sums as may be necessary to carry out this Act.
No such sums shall be used to acquire non-government. privately owned lands or interests through
the use of the power of eminent domain.
SECTION 8. DEFINITIONS
In this Act:
(a) NATIONAL MONUMENT - The term "National Monument" means the Santa Rosa and
San Jacinto Mountains National Monument designated under section 3(a),
(b) SECRETARY • Ile term "Secretary' Means the Secretary of the Interior and the
Secretary of Agrieultwr.
(c) THE ACT - The term refers to the "Santa Rosa and San Jacinto Mountains National
i Monument Act of 1999".
' (d) FEDERAL LIANAS - Public bunch ftmed iva the Fed" Land Policy and Managemd t
Act of 1976 and National Forest Lands as defined in the Creative Act of March 3, 1891, the Act of
March 1, 1911. the General Exchange Act of March 20, 1922, the Forest Receipts Act of Jtuu 15,
1938, and the Land and Water Conservation Fund Act of 1965,
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Coachella Briefing 1 : Tour
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Secretary I Interior
Bruce Babbitt
August 2. 999
Santa Rosa and SIR Jacinto Mountains National Monument
on BILM and Forest Seivice Manned Federal Tands
Coachella Valley Multiple Species Habitat Conservation Planning
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1and Water Conservation I Acquisitions
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Summary Fact Sheet
• While we continue to face issues,the communities and interests of the Coachella Valley
have a proven ability to develop and implement solutions.
• Most of the communities and interests in the valley have participated in,and supported, a
proposed bill for a national monument which we have forwarded to Congresswoman Mary
Bono.
• The Coachella Valley has a multiple species planning process underway that seeks to be
inclusive and to coordinate among all interests and jurisdictions. It provides the
framework for the planning we are doing for all levels of government including federal.
• The Coachella Valley Preserve,and many of the acquisition projects already implemented,
are examples of local interests and communities working together with the federal
government.
• The Bureau of Land Management has been an important contributor to conserving the
Santa Rosa and San Jacinto Mountains. BLM Land and Water Conservation Fund
acquisitions through 1999 have totalled 11,500 acres and$9,790,697.
• The State of California,the local communities and private interests have also contributed
land and acquisition funding to the conservation effort totalling over$40 million.
• The proposed National Monument boundaries encompass an area similar in size to the
existing National Scenic Area at 285 square miles.
• The Santa Rosa and San Jacinto Mountains are rich in plant and animal life,including
peninsular bighorn sheep,least Bell's vireo, desert salamander,and over 500 species of
Pam.
• The Santa Rosa and San Jacinto Mountains provide the scenic backdrop for our Coachella
Valley communities,as well as trans for a diversity of recreation.
CONSERVATION PARTNERSHIP MILESTONES
Contemporary conservation efforts in the mountains surrounding the Coachella Valley began with
the establishment of the San Bernardino National Forest and Joshua Tree National Monument(later
elevated to Park status),and the setting aside of nearly 170 square miles in a largely checkerboard pattern
for management by the Bureau of Land Management. In 1959, Philip L. Boyd donated 3 square miles of
land and money to purchase 3 additional square miles to the University of Califomia to establish the Deep
Canyon Desert Research Canter south of Palm Desert.The state's Wildlife Conservation Board has
acquired more than 25,000 acres since the mid 1970's to protect bighorn sheep habitat.The most recent
milestones in protection ofthe mountains include:
1990 The Secretary of the Interior designates the slopes ofthe San Jacinto and Santa Rosa Mountains as
i the Santa Rosa Mountains National Scenic Area.
1991 The Coachella Valley Mountains Conservancy is created by the state legislature to acquire
mountainous lands for the public's enjoyment and the protection of scenic,cultural,and wildlife
resources.
1992 Through a land exchange,the BLM acquires 3,200 acres in the Scenic Area to begin consolidating
public ownership and management.BLM purchases an additional 1,927 acres with Land and
Water Conservation Fund(LWCF)money.
' 1993 The Coachella Valley Mountains Conservancy takes an option to purchase nearly 3,000 acres in
the Santa Rosa Mountains known as the Henderson Trust property.The Conservancy assigns a
r portion of the option to the state's Wildlife Conservation Board,which purchases the first 476
' acres with$476,530 of state funds. The BLM acquires 3,091 acres elsewhere in the Scenic Area
with LWCF money. The State Department of Parks and Recreation expends$19 million and the
County of Riverside$500,000 to purchase an ancient Cahut7la Indian village site and habitat for
the endangered least Bell's vireo.The land is given to the federal government in trust for the Agua
Caliente Band of Cahuilla Indians,to be managed by the tribe.The Coachella Valley Mountains
Conservancy acquires 750 acres of land in the Scenic Area and the little San Bernardino
Mountains with funds it raises.
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1994 The Coachella Valley Mountains Conservancy assigns a 960 acre portion ofthe Henderson Trust
property to BLM,which it purchases with LWCF money.The Conservancy works with another
landowner in the Scenic Area to arrange the purchase of 1,321 acres by the BLM with LWCF
money.The Conservancy assigns a 160 acre portion of the Henderson Trust property to the State
Wildlife Conservation Board,which purchases it with state funds.
1995 The Coachella Valley Mountains Conservancy purchases 20 acres of land in the National Scenic
Area and receives 80 acres of land as a donation.The Conservancy also purchases 10 acres in the
Willow Hole Area of Critical Environmental Concern.
1996 The Coachella Valley Mountains Conservancy acquires 260 acres of land in the National Scenic
Area.The Conservancy also assigns 753 acres ofthe Option on the Henderson Trust property to
BLM,which purchases it with LWCF money
i 1997 The Coachella Valley Mountains Conservancy purchases 385 acres of land in the National Scenic
Area.The Conservancy also purchases 81 acres of land in the Wffiow Hole Area of Critical
Environmental Concern(ACEC),and receives 65 acres as donations in the Edon Hill area
adjacent to the ACEC.The Conservancy assigns 290 acres ofthe Henderson Trust option to BLM,
which acquires it with LWCF money.The owner donates the final 280 acres of the Henderson
Trust property to the Friends ofthe Desert Mountains.BLM also purchases the 244 acre Ellis and
the 160 acre Buman property in the National Scenic Area.The Friends ofthe Desert Mountains
options 800 acres of land at Snow Creek in the National Scenic Area.The Friends also launches an
Adopt an Acre capital fimdraismg campaign.The City of palm Desert expends the first$700,000
of a committed$1.2 mh7lion to begin the purchase ofthe C. C.Myers property,which comprises
' the lower slopes of mountains immediately behind the National Scenic Area Viers Center.The
Wikllands Conservancy,a nonprofit land trust,purchases just over 1,200 acres of land in the
National Scenic Area,and deeds 600 acres to the BLM,with the intent of deeding the remaining
acreage in the near fimrre.The Nature Conservancy receives a 2,300 acre donation in Mission
Creek onthe northwest side ofthe Coachella Valley adjacedto the San Gorgonio Wildemess.The
majority of it will be deeded to BLM by The Nature Conservancy The Coachella Valley
Mountains Conservancy recommends another 640 acre purchase by Mission Creek to the
Wddhunds Conservancy,which purchases the land with the intent of deeding it to BLM.
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1998 The Friends of the Desert Mountains assigns a portion of the option on the Snow Creek property to
the Coachella Valley Mountains Conservancy,which purchases 205 acres in March with$200,000
1 in state grant fimds,a$60,000 contribution from the City of Palm Springs,and cash from the
Conservancy and the Friends. ELM acquires a$500,000 portion ofthe C.C.Myers property,
`i which it is purchasing in partnership with the City of Palm Desert. BLM also purchases the
162-acre Solso property in the National Scenic Area.The Conservancy acquires 69.5 acres of land
1 in the Willow Hole Area of Critical Environmental Concern at the west and of the Indio Hdls with
grant fiords,and arranges for a donation of 141 acres of land in the same area to the Friends.An
additional 5.14 acres is donated directly to the Conservancy.The Conservancy also purchases 91
acres in the Santa Rosa Mountains National Scenic Area.
1999 Off to a great start.In the first mouth of the new year,an additional 475 acres of Snow Creek
Properties is acquired through a combination of a land exchange and mitigation fees.It is
anticipated that the remainder ofthe 800 saes will be purchased in the next few months by ELM
with Land and Water Conservation Fund money and fiords proffered to BLM by the Friends.The
Ague Caheste Band of Cahurlla Indians and the Riverside County Board of Supervisors agree to
jointly fiord the acquisition of nearly$4 million of land in the Andreas Canyon area.The Friends of
the Desert Mountains squires 400 saes in the Indio Mfrs for the acquisition ofthat land,which has
BLM land to the north and east and State parks land to the west,with Adopt an Acre finds.The
Friends are also negotiating with Southern California Edison to acquire approximately 310 acres of
surplus property in the Snow Creek area,using a combination of Adopt an Acre fiords and
mitigation money. The Conservancy acquires 390 saes in the San Jacinto and Santa Rosa
Mountains through a tax sale.
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DRAFT OF NATIONAL MONUMENT LEGISLATION(417199)
A BILL
To establish the Santa Rosa and San Jacinto Mountains National Monument in the State of
■ California,and for related purposes.
1 Be it enacted by the Senate and House of Representatives of the United States of America
in Congress assembled;
SECTION 1 . SHORT TITLE.
This Act may be cited as the"Santa Rosa and San Jacinto Mountains National Monument
Act of 1999".
SEC . 2. FINDINGS.
The Congress finds and declares that:
(1) The federal lands on the desert slopes of the Santa Rosa and San Jacinto Mountains
possess a wealth of nationally significant recreational and natural features to be enjoyed by current
and firtme generations;
(2) The mou
ntains,which rise abruptly from the desert floor to an elevation of 10,802 feet,
provide a picturesque backdrop for the Coachella Valley communities and support an abundance
of recreational opportunities which are an important regional economic resource;
(3) As urban development in the valley has significantly increased,the mountains have become
a treasured natural resource visited by millions of nearby urban residents and countless visitors
from around the world;
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(4) This area is exceptionally diverse biologically,containing five distinct"life Zones"from
1 Sonoran Desert to Arctic Alpine, and provides habitat for mmierous state and federally listed
threatened or endangered species,including the peninsular bighorn sheep,the least Bell's vireo,
t the southwestern willow flycatcher,the desert slender salamander, and the desert tortoise.
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(5) The unique natural, culturaleducational, scientific,and recreational values of all or a
portion of the area have been recognized nationally through designations such as the Santa Rosa
Mountains National Scenic Area, the Santa Rosa Wilderness,the Santa Rosa and Agua Caliente
Indian Reservations, and the establishment of the Mount San Jacinto State Park,Philip L. Boyd
Deep Canyon Desert Research Center,Department of Fish and Game ecological reserves, and the
Coachella Valley Mountains Conservancy;
(6) The mountains have special cultural value to the Cahuilla people, containing significant
cultural sites, including village sites,trails, petroglyphs, and other evidence of their habitation.
SEC . 3. ESTABLISHMENT OF THE NATIONAL MONUMENT.
(a) 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, California, as an enduring legacy of our heritage,and to secure
for future generations the opportunity to experience the magnificent vistas,wildlife,landfonns,
and natural and cutural resources in these mountains,there is hereby designated the Santa Rosa
and San Jacinto Mountains National Monument. Within the boundaries of the National
Monument,there are approximately 280,000 acres of which approximately one half is federal
land, as generally depicted on a map entitled`Boundary Map, Santa Rosa and San Jacinto
National Monument",dated March 30, 1999.
(b) MAPS AND LEGAL DESCRIPTION. -As soon as practicable after the date of the
' enactment of this Act,the Secretary shall file a map and legal description of the National
Monument designated by this Act with the Committee on Resources of the House of
' Representatives and with the Committee on Energy and Natural Resources of the Senate. Such
map and legal description shall have the same force and effect as if included in this Act, except
that the Secretary,as appropriate,may correct clerical and typographical errors in such legal
i description and map and make minor revisions in the boundary of the National Monument. Such
map shall be on file and available for public inspection in the offices of the Director of the Bureau
of Land Management and the Chief of the Forest Service(hereinafter referred to as the"Director
and the Chief")in the District of Columbia and at agency offices in Sacramento,Vallejo,
' Riverside,Palm Springs, San Bernardino, and Idyllwild, California.
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1 SEC . 4. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL
MONUMENT
(a) MANAGEMENT. -Subject to valid existing rights, the Secretary shall manage the
federal lands within the National Monument consistent with the purpose described in Section 3(a)
and Sections 4 and 5 of this Act and all applicable federal law.
' (b) INDIAN RESERVATION, STATE AND PRIVATE LANDS AND INTERESTS NOT
AFFECTED. -The establishment of the National Monument shall not affect any Indian
Reservation, State, City, County, special district, or privately owned lands or interests in lands.
The Secretary shall have no authority on non-federal lands within the National Monument not
1 ah-eady provided by law.
(c) NO BUFFER ZONES -The Congress does not intend for the designation of this
National Monument to lead to the creation of protective perimeters or buffer zones around this
National Monument. The fact that activities or uses can be seen or heard from areas within the
National Monument shall not,of itself;preclude such activities or uses up to the boundary of this
National Monument.
' (d) DEVELOPMENT OF MANAGEMENT PLAN. -The Secretary,in cooperation with the
4R California Department of Fish and Game,the California Department of Parks and Recreation,the
University of California through its Natural Reserve System,the Coachella Valley Mountains
Conservancy,the Winter Park Authority,the Agua Caliente Band of Cahuilla Indians,the Santa
Rosa Band of Cahwlla Indians,the County of Riverside,and the cities with land use and land
management responsibilities in these mountains,shall,by not later than four years of the enactment
of this Act,prepare a management plan consistent with this Act and with the conservation,
enhancement,and protection of the National Monument. The Secretary may from time to time
thereafter make such revisions as are necessary to ensure that consistency following consultation
with representatives of various governmental entities and other groups listed in this subsection.
(e) COOPERATIVE AGREEMENTS. -The Secretary may, consistent with the
management plan and existing authorities, enter into cooperative agreements, shared management
•- arrangements, or special use permits with any person for the purposes of management,
interpretation, and research of the National Monumerifs resources. The Secretary shall, consistent
with the management plan and existing authorities, either revise agreement(s)with the University
of California existing as of the enactment of this Act relating to the University's use of certain
federal lands within the National Monument as may be necessary to ensure consistency with this
Act, or enter into a new agreement(s),to ensure the continuation of the University's and lands
research and educational activities within this National Monument.
SEC . S. LAND ACQUISITION.
(a) LAND ACQUISITION. -The Secretary may acquire non-government, privately
owned lands and interests therein within the National Monument by donation, by exchange, or by
purchase with the consent of the owner thereof. The Secretary may accept, receive, hold,
administer, and use any gift, devise,or bequest,absolutely or in trust, of real or personal property,
including any income from or interest in property or any funds,for management of the National
Monument for the purposes for which the National Monument is established under section 3(a)
(b)MANAGEMENT. -Lands or interests therein within the National Monument so acquired
by the United States shall, after such acquisition,be incorporated into and managed as part of the
National Monument.
SEC . 6 WITHDRAWAL; MINERAL DEVELOPMENT.
(a) WITHDRAWAL. - Subject to valid existing rights, all Federal lands within the
conservation area,including all lands or interests acquired by the United States after the date of
enactment of this Act,are hereby withdrawn from all forms of entry,appropriation, or disposal
under the public land laws and from location, entry,and patent under the mining laws of the United
States.
SEC . 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary to carry out this
Act.
• SEC . 8. DEFINITIONS.
■
In this Act:
■
(a) NATIONAL MONUMENT. -The term"National Monument"means the Santa Rosa
and San Jacinto Mountains National Monument designated under section 3(a).
■
(b) SECRETARY. -The term"Secretary'means the Secretary of the Interior and the
■ Secretary of Agriculture.
(c) THE ACT. -The term refers to the`Santa Rosa and San Jacinto Mountains National
Monument Act of 1999".
a
(d) FEDERAL LANDS. -Public lands defined in the Federal Land Policy and Management
Act of 1976 and National Forest Lands as defined in the Creative Act of March 3, 1891, the Act of
1 March 1, 1911, the General Exchange Act of March 20, 1922,the Forest Receipts Act of June 15,
1938, and the Land and Water Conservation Fund Act of 1965.
1
1
.
a
r �
7, ✓.'�a.
OVERVIEW
Coachella Valley Multiple Species Habitat Conservation Plan/
Natural Communities Conservation Plan
Plan Area:Just over 1.2 million acres,including the entire Coachella Valley and the surrounding
mountains,up to the ridgelines.The Plan area includes virtually the entire Whkewater River watershed.
Participants:Nine cities,the County of Riverside,the Bureau of Land Management,the U.S.Forest
Service,the National Park Service,the U.S. Fish and Wildlife Service,and the Califomia Department of
;1 Fish and Game.The Coachella Valley Association of Governments(CVAG)is the lead agency for the Plan,
1 which is being prepared by the Coachella Valley Mountains Conservancy,under contract to CVAG.
Approach:The Plan is a habitat-based or ecosystem approach intended to ensure protection of sensitive
natural communities in the Plan area,with special emphasis on approximately 30 target species for purposes
of securing incidental take permits and pre listing conservation agreements. Of the roughly 30 target species,
1 ' eleven are state or federal listed species for which there is currently no HCP,and the others are considered
to be sensitive species likely to be listed in the f rtuue.In addition,approximately 25 natural communities are
1 proposed for coverage under the staWs Natural Community Conservation Plan Act.
A Memo uidum of Understanding signed by the participating agencies govems preparation of the Plan.A
IProject Advisory Group(PAG)oversees the planning effort and consists of representatives of all the
Participating agencies and other interest groups such as the Building Industry Association,the Sierra Club,
Iand the Farm Bureau.A Scientific Advisory Committee oversees and assists with the development and
analysis of the biological information used to develop the conservation plan.
I
Plan Status:An analysis has been completed of biological,other natural featm%land use,land ownership
and management information using GIS to identify the sensitive areas in need of protection.Various
alternative approaches to conservation are now being developed,and the PAG is exploring various
implementation mechanisms and strategies.An internal review draft of a plan is due for release in late 1999.
CVAG is currently contracting with a consulting firm for a CEQA/NEPA document,along with an
Economic Impact Analysis.
1 Why are we preparing an MSHCP?
1
1. The Legal Reason
The state and federal ESAs require that we don't allow plants and animals to
1 become extinct as a result of human activities. The law applies to:
All things great and small
All things wise and wonderful
All things bright and beautiful
All Gods creatures
If we allow a species to become nearly extinct, development will be prohibited in
that species'habitat.
i
The MSHCP will avoid that draconian situation by preparing a comprehensive
conservation plan for listed species and species likely to become listed.
1
1 2. The Quality of Life Reason
Are there not places in the valley worth protecting because:
1 They are beautiful.
They support tourism and provide economic benefits.
1 They represent our natural and cultural heritage.
They are places to recreate and enjoy Nature.
1 The MSHCP will help sustain our quality of life and leave a legacy to be proud
1 of.
1 Where Are We in the Planning Process?
1
1994. The question is posed Do we have a problem? A Scoping Study says
°Yes"if we don't prepare an MSHCP.
1
1995. An MOU is draji°ed, circulated, reviser, etc, and sent to participating loca4
state, and federal agencies for approval, Initial biological surveys are
undertaken.
1996. The MOU is signed GIS capability to prepare a plan is established The
1 Scientific Advisory Committee (SAC) initiates biological data gathering and
analysi& The ProjectAdvisory Group (PAG) oversees overall process.
1997 SAC continues with data gathering and analysis First Workshop with
conservation biology experts First NCCP dollars arrive for funding.
1 1998 Initial map of high value conservation areas prepared by SAC using GIS
analysis Second Workshop with conservation biology experiL Refinement
1 of high conservation value area maps begins. Additional NCCP funds
provided PAG begins discussions of potential implementation mechanisms.
1999. Further refinement of high conservation value area maps occurs through
SAG PAG continues work on recommended implementation mechanisms.
Administrative review draft scheduled for completion. EIRMS consultant
retained
■ 2000. Public review draft of integrated Plan and ELM/EIS to be released
■
■
1
1
1 WHAT WILL THE MULTIPLE SPECIES HCP INCLUDE?
1. The most effective way to avoid future endangered species issues is to protect enough of
the habitat or places where the various species live. This is known as a habitat-based
approach. The Coachella Valley Multiple Species Plan is taking this approach to make sure
1 it is comprehensive and addresses all the potential endangered species issues.
1 2. Past conservation efforts have helped protect some beautiful and biologically important
open space areas. The Coachella Valley Fringe-toed Lizard Habitat Conservation Plan
1 protected a significant portion of the lizard's sand dune habitat. Acquisitions by state and
federal agencies over the last few decades have protected tens of thousands of acres in the
mountains to maintain the scenic viewshed of the valley and important habitat.None of the
1 past efforts,however,has been comprehensive. They've dealt with either a single species
or a limited geographic area The Coachella Valley Multiple Species Plan expands on these
past conservation efforts to get maximum value from them in a complete Plan for the entire
1 Coachella Valley.
1 3. The Plan is required to include:
• A description ofthe impacts which will be hlcely to result fiom the"take"on destruction of some
individual members of the plant and animal species covered by the Plan;
• The steps to be taken to minimize and mitigate such impacts;
• • Where the fords will come from to implement the conservation actions;
• What other approaches the Plan considered to avoid all destruction or"take"ofthe species and the
reasons why such akematives are not being utilized,and
• Such other measures as the Secretary ofthe Interior may require as being necessary or appropriate for
purposes ofthe Plan.
To be approved the Plan must not appreciably reduce the likelihood ofthe survival and recovery of
the species in the wild.
4. Other elements planned for inclusion
• Public access plan for reserve areas to allow for compatible uses,including recreation,education,
interpretive,etc.
• Economic Impact Analysis to assess what positive and negative impacts the Plan might have on the
area.
HOW IS THE MSHCP BEING PREPARED?
1 . 1. A Memorandum of Understanding Governing the preparation of the Plan was signed by the
cities, the county and the participating state and federal agencies in 1996. That culminated two
years of preliminary discussions and research on the need for a MSHCP.
2. A Project Advisory Group(PAO)has been overseeing development of the Plan. The PAG
consists of representatives of the agencies participating in the Plan and an array of other
interests,including CV WD,Indian tribal representatives,the Farm Bureau, the Building
Industry Association,and the Sierra Club. All meetings are open to the public.
3. A Scientific Advisory Committee is providing information about the plant and animal species in
the Plan area
4. Biological,topographical,
opogtap cal,land use,and ownership information has been gathered from a
variety of sources and used to develop a Geographic Information System database on and
maps of the area
S. Analysis of this information is just getting under way. The analyses will lead to identification of
the key biological resource areas in the Plan area where conservation efforts need to be
1 focused and proposals for measures to protect adequate areas to obtain plan approval. (This
information will be presented at a subsequent public forum.)
1 6. A MSHCP will be drafted and circulated for public review.It will include proposed
conservation measures,projected costs,and Economic Impact Analysis, and funding and
implementation measures.It will be accompanied by an Environmental Impact
Report/Environmental Impact Study.
1 7. After review and comment by the public and participating agencies,the MSHCP will be revised
as needed and will then be considered for approval by each city and the County,as well as by
1 the Bureau of Land Management,National Park Service, and U. S.Forest Service. When the
cities and the County approve the MSHCP,it will be submitted to the California Department of
Fish and Game and the U. S.Fish and Wildlife Service for approval.
1 S. Once the Plan is approved by the Department of Fish and Game and the Fish and Wildlife
Service,the Plan will be implemented and incidental take permits will be issued. These permits
allow a certain amount of destruction of individuals or habitat of a species.
1AA
Wi
1 — - --
. 1
I
rx _ T_ Coachella Valley
- ------1- il-- ' '
:._ 'u ._� _y__.._—� - Mul /,/1
L
J - ' -' , - ` 1 ti e Species Habitat
s r-- -------- Multiple- -+ ,--- -- Conservation Plan Map
- --- -
-niStL R7 HOT SPRINdS LJ `-� -DESERT
-,--- --- --'----- i (Draft)
—' - --I'f __t.___�.�I_ -_,___�-�_ _J___' _J_�_ IheaCoun'a of
f--.- -y---^_- -' - --- -- - Tc-Jr--i-----.- -=-i--�'t Moun[a,ns Cu P is a cooperative effort of the
31` hry' ` I -_ /_�•--_T ~-__ -- --_T--=_c e—�- —�L_ 1 The CVMSH IIe_Y Ass do thenolGwernmlley
I
.0 r I - - - -
--_! _
the agernent the Usde,the Coachella Valley
{ (JoshuarTree nservancy,the Bureau of Land
-- -y-- _ _ Manageannal the U 5 Fsh and Wildlife Senlce,
L Us
IDepatlms'"N. F,sh and Game,lhe
Thelon entofn Inseno Rye bark Service
T _
N anal Park).and the California ion.
m v '�= 'w - ----- -------I— Bureau of Lana Mana emenL tainetl Imm the
Palm
Sprinos
Resaumx Area(1998),Joshua Tree National Park
r- �t 199a th scan(1e Band of RECOa Indiana
i ( ).A9 t ),and RECON
t199T),thetdata'a 1998
(1 pare the data i current as of the year shown
re rence only
Please note that the data is for
:;c,,� r _ -{ —�-/- _ ,I� •__T,_Y-- reference only and as not parcel specrf,c
',22 •� -- f` _—__ I 1 _ - CVAG,Department of Environmental Resources
CVAG,DePaY ent of Transportation
,.11.,.1 Aril 13,1999 ..
e,
\�_ 9lstlatahnshcP99 proled3.aprlcc
r
J i i 2 0 2 4 Miles
al
=-
N PALM DESERT n _r� 3 t
E
_x01-p f
1 1—T
Section Lines �II - -+--- -- - -,I --
I
- -
Major Roads
CV Fri - �' _ __ __ _ _— ___ ___ __ __ ___ ___
- I , 1
� I I
Preserve --- -
,
Q Fringe-toed Lizard Prese � --- --- —s— '
v _
0 CVMSHCP Boundary
T
Jurisdictional Boundaries -
1
f
' , Salton Sea _ _ --;------------- --- --- --- — -- -- -
Wilderness Conservation Board ---
""'''� Wildlands Conservancy " --- ----_- ___
.'.-' US Park Service '� . : • `aeE. . �'j; x li �, . I t
1
US Fish&Wildlife Service
- I
,
��. US Forest Service �++�: - .. - - `� -' ___ ___
UC Natural Reserve System 1 ---
The Nature Conservancy ------
State _Lands Commission - - - --
' Private Land I, \ i -- •, - ------- --
' ®Metropolitan Water District "' _ --- -- --- - -- —
[ Living Desert j�
x. _._
Desert Water Agency , �
1 , ___ - ---
Coachella _
Valley Water District Coachella Valley ide county
.."^+" In Reltlim to Riverside County •—
C;:c%z Coachella Valley Mountains Conservancy
City Conservation Areas —�7 ---- -.- -- � - - - ---
1
0 California Dept of Parks and Recreation "' ---1- --;-------- II,.�
I —=-
Bureau of Reclamation � •. �� I I � �': =-� i i I
Bureau of Land Management -
-
Army Corps of Engineers _ '
['yjg Native None sc.ro __ .
I I I
American 7-„-f_f'- - -- — y --i---�-
..�
cl.c
i
1 Cooperative Acquisition
1 to Support Planning
1 at Local State and Federal Levels
- t
i
i
i
1
SUMMARY OF MAJOR ACQUISITIONS AND PARTNERS
Lusardi,Minsld, 4,371 acres BLM LWCF
Conway,at al $2,955,000
Henderson Trust 2,866 acres Coachella Valley Mtns. Prop. 117,LWCF,
Property $1,903,360 Conservancy(CVMC),WCB, Donation
BLM,Friends ofthe Desert
Mountains(FODW
Las Rocas de Dios 1,321 acres BLM,CVMC LWCF
$595,000
Willow Hole Oasis 200 acres CVMC,TNC Md grant,Mitigation
$606,000 fees,Donation
Tax Sales 1,949 acres CVMC CVMC
$105,222
Conservation 1,200 acres CVMC,Rancho Mrage Donation
easement $0
Land Donations 292 acres CVMC,FODM Donations
$0
i Ellis,Boman 404 acres BLM LWCF
$1,564,000
C.C.Myers 384 acres Palm Desert,BLM,CVMC Patin Desert,LWCF,
$2,600,000 Habitat Conservation Fund
grog
Snow Creek 800 acres CVMC,FODM,PS,BLM CVMC,EEM grant,Palm
$1,250,000 Springs,LWCF,
+ MitigationDonation
Adopt an
Indio Hills 400 acres FODM Adopt an Acre
$56,000
1
1 SUMMARY OF BLM ACQUISITION PROJECTS
THROUGH THE LAND AND WATER CONSERVATION FUND
(by Fiscal Year)
1
Number of Scenic Area
1 Fiscal Year Projects Acreage Acquired Cost
1992 One 677.24 $ 123,000
1993 Two 1,845.79 $ 1,314,000
1994 Eight 4,406.23 $2,440,700
1995 Three 464.71 $ 251,500
1996 Two 1,413.04 $ 770,460
1 1997 Two 400.00 $ 271,520
1 1998 Four 698.55 $2,064,500
I 1999 Six 1,600.21 $2,554,937
Total Twenty Eight 11,5ft77 $99790,617
i
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■
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National Monument Boundary US National Park Service Private
Township Lines US Fish and Wildlife Service 0 Private Conservation Lands
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May.27, 1999
RESOLUTION NO. 19694
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA RECOMMENDING
MODIFICATION TO THE BOUNDARY MAP
AND TEXT OF THE SANTA ROSA AND SAN
JACINTO MOUNTAINS NATIONAL
MONUMENT ACT OF 1999.
WHEREAS, the City Council has reviewed the proposed Santa Rosa and San Jacinto Mountains
National Monument Act of 1999(National Monument);and
WHEREAS, the City Council has determined that the proposed National Monument affects
extensive areas within the City of Palm Springs including,but not limited to,mountainous property,
alluvial fans and valley floor;and
WHEREAS, the City's General Plan has identified biological, scenic, and other environmental
resources within and adjacent to the Santa Rosa and San Jacinto Mountains,which resources are a
vital part of the City's world-wide reputation and appeal as a resort destination,and whose protection
is vital to the City's firt ue;and
WHEREAS,the City has,by its own actions, acquired and set aside for preservation,conservation
and recreational purposes approximately 3400 acres of land within the boundaries of the proposed
National Monument;and
WHEREAS,the City has had ahillside zoning category for over 20 years only allowing one unit per
20 acres, and has restricted development to protect hillside lands which form the City of Palm
Springs urban growth limits adjacent to the San Jacinto Mountains;and
WHEREAS, the City of Palm Springs has approximately 51 square miles of territory within the
boundaries of the proposed National Monument,which is approximately 55%of the City,and is
the municipality most affected by the proposed National Monument;and '
WHEREAS, the City has approved certain resod development projects which have been in the
planning process for over 10 years which take advantage ofthe scenic and recreational opportunities
oftheir sites and embody extensive environmental mitigation measures,which projects have in some
cases been subject to litigation,and which projects are a vital pad of the City's economic future as
a world-wide tourism destination;and
WHEREAS,some persons have owned land within the proposed National Monument boundary for
as much as 100 years,and their rights to develop this property will be greatly affected,and in many
cases prohibited by the National Monument designation;and
WHEREAS,the City Council is concerned that the National Monument as proposed will have a
significant impact on the City's economic future and on private property rights, and(i)that prior
to introduction of the legislation to the House of Representatives and Senate of the United States of
America the proposed boundaries must be modified , and(ii) that certain other changes must be
made;and
WHEREAS, the City Council desires to work with Congresswoman Bono to craft National
Monument legislation which offers significant protection of natural resources, enables public use
of hiking and equestrian trails,and allows prudent and reasonable use ofprivate lands for economic
development;and
R19694
Page 2
WHEREAS,the City Council has held a public meeting on December 1, 1999 for the purpose of
receiving public comment and reviewing the proposed National Monument.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that it
recommends that the proposed National Monument Boundary Map be amended as depicted in
Exhibit "A" and that the following issues be addressed in a revised Santa Rosa and San Jacinto
Mountains National Monument Act of 1999 bill:
1) That aprecise National Monument Boundary Map be incorporated into theproposed Act and
that the boundaries adjacent to the City of Palm Springs shall not be amended,adjusted,or
modified without written consent of the City of Palm Springs City Council; and
2) That Congress authorize economic considerationto compensate the City ofPalm Springs for
properties within the National Monument acquired from the City.
3) That Section 2 on Findings shall be modified to include the following finding:
"(7) The Congress intends that the National Monument boundaries will define the
outer boundaries of the lands necessary to manage the Peninsular Bighorn Sheep,and that
the Department of Interior and all of its agencies shall cooperate in private property owners'
rights to own,manage,and develop properties outside ofmonument in accordance with local
land use plans. Congress intends that this provision shall be deemed reasonable and
necessary compensation for future loss of tax revenue to local government due to the
designation of the National Monument and fimue federal land acquisitions."
4) That Section 4 on Management Practices be modified to strengthen the restrictions
prohibiting regulations affecting buffer areas by adding the following concepts to subsection
(c):
(a) The Congress does not intend that the establishment or maintenance
ofthe National Monument interfere in anyway with the development
of land, particularly that held in private ownership adjacent to the
National Monument. The Congress does not intend that Indian
Reservation, state, city, county, special district or privately owned
lands or interests in lands shall be contemplated or used as protective
perimeters or buffers around federally owned or managed lands
within the National Monument.
(b) The Secretary shall take all reasonably feasible actions to assist in the
development of non-government,privately owned lands within buffer
zones, including, but not limited to, allowing access to such lands
through the National Monument, to the extent those actions do not
unreasonably interfere with the protection of those values for which
the National Monument has been established.
5) That Section 5 concerning Land Acquisition be amended as follows:
(a) To prohibit acquisition ofpropertyby eminent domain and the appropriation offunds
therefore.
(b) To authorize the Bureau of Land Management to grant a right-of-way,exchange,or
sell portions of Section 16, TA.S., RA.E., S.B.B.M. to the City, or authorized
designee, for the purpose of allowing limited public recreation (golf course
amenities).
R19694
Page 3
(c) To include a provision that Congress appropriate sufficient funds to acquire the
southerly 100 acres of the ShadowRock project at fair market value.
6) That Section 4 on Management Practices be amended to add an additional subsection (f)
concerning Recreation and Trail Usage stating that the Congress believes that recreational
trail use should be a primary human use permitted in the Monument. Existing nails should
be preserved to the extent feasible, and shall be extended to promote recreational
opportunities.
NOW,THEREFORE,BE IT FURTHER RESOLVED by the City Council that the City Manager
and City Attorney are to work with Congresswoman Bono to craft National Monument legislation
which is consistent with the recommendations of the City Council of the City of Palm Springs.
ADOPTED this 1st day of December _ 1999.
AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT. None
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
By -
City Manager City Clerk
40*9
REVIEWED AND APPROVED AS TO FORM:
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