HomeMy WebLinkAbout4/5/2000 - STAFF REPORTS (17) DATE: April 5, 2000
TO: City Council
FROM: Director of Planning & Building
RE: Santa Rosa and San Jacinto Mountains National Monument Act of 2000
RECOMMENDATION:
That the City Council consider the attached proposed Resolution regarding the pending Santa
Rosa and San Jacinto Mountains National Monument Act of 2000 (National Monument).
BACKGROUND:
On December 1, 1999, the City Council adopted Resolution Nuumber 19694 regarding the
proposed National Monument. This Resolution was provided to Congresswoman Bono for
consideration in drafting the proposed bill. A revised National Monument Bill was
subsequently introduced to Congress. The revised bill is attached.
The attached Resolution reaffirms the City Council's recommendations on the proposed
National Monument boundary map contained in its Resolution No. 19694. If approved,
Resolution No. 19694 and the proposed Resolution reaffirming City Council's
recommendation will be sent to Congresswoman Bono, Chairman of the Resources
Connmittee, and others as appropriate.
AEVANS, Director
Planning and Building
D LLAS FLICEK,
Interim City Manager
ATTACHMENTS:
I. Draft National Monument Bill
2. Mary Bono, Member of Congress Letter Dated March 22, 2000
3. Resolution Number 19694
4. Draft Resolution
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106T>-I CONGRESS
2D SESSION
. R.
IN TIDE ROUSE OF REPRESENTATIVES
Mrs. BONO introduced the following bill; which was referred to the Committee
on
A BILL
To establish the Santa, Rosa and San Jacinto Mountains
National Monument in the State of California.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 "Santa Rosa and San Jacinto Mountains National Monu-
6 ment Act of 2000".
7 (b) TABLE OF CONTENTS.—The table of contents of
8 this Act is as follows:
See. 1. Short title; table of contents.
See. 2. Establishment of Santa Rosa and San Jacinto Mountains National
Monument, California. w
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See. 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.
See. 7. Local advisory committee.
Sec. S. Authorization of appropriations.
1 SEC. 2. ESTABLISHMENT OF SANTA ROSA AND SAN
2 JACINTO MOUNTAINS NATIONAL MONUMENT,
3 CALIFORNIA.
4 (a) FINDINGS.—Congress finds the following:
5 (1) The Santa Rosa and San Jacinto Moun-
6 tains in southern California contain nationally sig-
7 nificant biological, cultural, recreational, geological,
8 educational, and scientific values.
9 (2) The magnificent vistas, wildlife, landforms,
10 and natural and cultural resources of these moun-
11 tains occupy a unique and challenging position given
12 their prw6mity to highly urbanized areas of the
13 Coachella Valley.
14 (3) These mountains, which rise abruptly from
15 the desert floor to an elevation of 10,802 feet, pro-
16 vide a picturesque backdrop for Coachella Valley
17 communities and support an abundance of rec-
18 reational opportunities that are an important re-
19 gional economic resource.
20 (4) These mountains have special cultural value
21 to the Agua Caliente Band of Cahuilla Indians, con-
22 taining significant cultural sites, including village
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1 sites, trails, petroglyphs, and other evidence of their
2 habitation.
3 (5) This Act is not intended to impact upon ex-
4 isting or future growth in the Coachella Valley.
5 (b) ESTABLISHMENT AND PURPOSES.—In order to
6 preserve the nationally significant biological, cultural, rec-
7 reational, geological, educational, and scientific values
8 found in the Santa Rosa and San Jacinto Mountains and
9 to secure for future generations the opportunity to experi-
10 ence the magnificent vistas, wildlife, landforms, and nat-
11 ural and cultural resources in these mountains, there is
12 hereby designated the Santa Rosa and San Jacinto Moun-
13 trins National Monument (in this Act referred to as the
14 "National Monument").
15 (c) BOUNDARIES.—The National Monument shall
16 consist of Federal lands and Federal interests in lands lo-
17 cated within the boundaries depicted on the map entitled
18 "Boundary Map, Santa Rosa and San Jacinto National
19 Monument", dated , 2000.
20 (d) LEGAL DESCRIPTIONS; CORRECTION OF ER-
21 RORS.-
22 (1) PREPARATION AND SUBMISSION.AS soon
23 as practicable after the date of the enactment of this
24 Act, the Secretary of the Interior shall use the map
25 referred to in subsection (c) to prepare legal descrip-
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1 tions of the boundaries of the National Monument.
2 The Secretary shall submit the resulting legal de-
3 scriptions to the Committee on Resources and the
4 Committee on Agriculture of the Rouse of Rep-
5 resentatives and to the Committee on Energy and
6 Natural Resources and the Committee on Agri-
7 culture, Nutrition, and Forestry of the Senate.
8 (2) LEGAL, EFFECT.—The map and legal de-
9 scriptions of the National Monument shall have the
10 same force and effect as if included in this Act, ex-
11 cept that the Secretary of the Interior may correct
12 clerical and typographical errors in the map and
13 legal descriptions. The map shall be on file and
14 available for public inspection in appropriate offices
15 of the Bureau of Land Management and the Forest
16 Service.
17 SEC. 3. MANAGEMENT OF FEDERAL LANDS IN THE NA-
18 TIONAL MONUMENT.
19 (a) BASIS OF MANAGEMENT.—The Secretary of the
20 Interior and the Secretary of Agriculture shall manage the
21 National Monument to protect the resources of the Na-
22 tional Monument, and shall allow only those uses of the
23 National Monument that further the purposes for the es-
24 tablishment of the National Monument, in accordance
25 with—
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1 (1) this Act;
2 (2) the Federal Land Policy and Management
3 Act of 1976 (43 U.S.C. 1701 et seq.);
4 (3) the Forest and Rangeland Renewable Re-
5 sources Planning Act of 1974; and
6 (4) other applicable provisions of law.
7 (b) DIVISION OF MANAGEMENT RESPONSIBIL-
8 ITIES.-
9 (1) ROLE OF SECRETARY OF THE INTERIOR.-
10 Federal lands and Federal interests in lands within
11 the National Monument that, as of the date of the
12 enactment of this Act, are administered by the Bu-
13 reau of Land Management shall continue to be man-
14 aged by the Secretary of the Interior, acting through
15 the Bureau of Land Management. Lands or inter-
16 ests in lands within the National Monument bound-
17 aries that are acquired after the date of the enact-
18 ment of this Act, and abut lands administered by
19 the Bureau of Land Management, shall also be man-
20 aged by the Secretary of the Interior.
21 (2) ROLE OF SECRETARY OF AGRICULTURE.-
22 Federal lands and Federal interests in lands within
23 the National Monument that, as of the date of the
24 enactment of this Act, are included in the National
25 Forest System shall continue to be managed by the
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1 Secretary of Agriculture, acting through the Forest
2 Service. Lands or interests in lands within the Na-
3 tional Monument boundaries that are acquired after
4 the date of the enactment of this Act, and abut
5 lands administered by the Forest Service, shall also
6 be managed by the Secretary of Agriculture.
7 (3) ADMINISTRATION OF, CERTAIN ACQUIRED
8 LANDS.—If it is unclear whether paragraph (1) or
9 (2) applies to lands or an interest in lands acquired
10 after the date of the enactment of this Act, the Sec-
II retary of Agriculture and the Secretary of the Inte-
12 rior shall determine which Secretary shall be respon-
13 sible for the administration of the lands or interest.
14 (C) PROTECTION OF RESERVATION, STATE, AND PRI-
15 vATE LANDS AND INTERESTS.—Nothing in the establish-
16 ment of the National Monument shall be construed as af-
17 fecting any Indian Reservation, any individually held trust
18 lands, any other Indian allotments, any lands or interests
19 in lands held by the State of California, a political subdivi-
20 Sion of the State of California, a special district, or the
21 Mount San Jacinto Winter Park Authority, or any private
22 property rights within the boundaries of the National
23 Monument. Establishment of the National Monument
24 shall not be construed to grant the Secretary of the Inte-
25 rior or the Secretary of Agriculture any authority on or
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1 over non-Federal lands not already provided by law. The
2 authority of the Secretary of the Interior and the Sec-
3 retary of Agriculture under this Act extends only to Fed-
4 eral lands and Federal interests in lands included in the
5 National Monument.
6 (d) EXISTING RIGHTS.—The management of the Na-
7 tional Monument shall be subject to valid existing rights.
8 (e) NO BUFFER ZONES AROUND NATIONAL MONU-
9 MENT.—The Congress does not intend for the designation
10 of the National Monument to lead to the creation of ex-
II press or implied protective perimeters or buffer zones,
12 whether located within or outside of the boundaries of the
13 National Monument. The fact that activities or uses of
14 land outside of the National Monument, which are con-
15 sistent with other applicable laws, can be seen, heard, or
16 smelled from land within the National Monument shall not
17 preclude such activities or uses up to the boundaries of
18 the National Monument. The Secretary of the Interior and
19 the Secretary of Agriculture may not use the existence of
20 the National Monument to require a person or entity to
21 undertake or implement any exactions or mitigation meas-
22 ures to reduce the effect of such activities or uses so long
23 as such activities or uses are consistent with other applica-
24 ble law. Nothing in this Act shall be construed to change
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1 standards governing air or water quality outside of the
2 designated area of the National Monument.
3 SEC. 4.DEVELOPMENT OF MANAGEMENT PLAN.
4 (a) DEVELOPMENT REQUIRED.—The Secretary of
5 the Interior and the Secretary of Agriculture shall prepare
6 a management plan for the conservation and protection
7 of the National Monument consistent with the require-
8 inents of section 3(a).
9 (b) CONSULTATION AND COOPERATION.-
10 (1) IN GENERAL.—The Secretaries shall pre-
11 pare and implement the management plan required
12 by subsection (a) in accordance with the National
13 Environmental Policy Act of 1969 (42 U.S.C. 4321
14 et seq.) and in consultation with the local advisory
15 committee established pursuant to section 7 and, to
16 the extent practicable, interested owners of private
17 property and holders of valid existing rights located
18 within the boundaries of the National Monument.
19 Such consultation shall be on a periodic and regular
20 basis.
21 (2) AGUA CALIENTE BAND OF CAHUILLA INDI-
22 ANs.—The Secretaries shall make a special effort to
23 consult with representatives of the Agua Caliente
24 Band of Cahuilla Indians regarding the management
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1 plan during the preparation and implementation of
2 the plan.
3 (3) WINTER PARI{ AUTHORITY.—The manage-
4 ment plan shall consider the mission of the Mount
5 San Jacinto Winter Park Authority to make acces-
6 sible to current and future generations the natural
7 and recreational treasures of the Mount San Jacinto
8 State Park and the National Monument. Establish-
9 ment and management of the National Monument
10 shall not be construed to interfere with the mission
11 or powers of the Mount San Jacinto Winter Park
12 Authority, as provided for in the Mount San Jacinto
13 Winter Park Authority Act of the State of Cali-
14 forma.
15 (C INTERIM MANAGEMENT.— Pending completion of
16 the management plan required by subsection (a), the Sec-
17 retaries shall manage Federal lands and interests in lands
18 within the National Monument in a manner substantially
19 consistent with the current uses occurring on such lands
20 as of the date of the enactment of this Act.
21 (d) COMPLETION; REVISION.—The Secretaries shall
22 complete the management plan required by subsection (a)
23 within three years after the date of the enactment of this
24 Act. The Secretaries may revise the management plan
25 thereafter as necessary, following consultation with rep-
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1 resentatives of various governmental entities and other
2 groups listed in subsection (b).
3 (e) COOPERATIVE AGREEMENTS.-
4 (1) GENERAL AUTHORITY.-Consistent with the
5 management plan and existing authorities, the Sec-
6 retaries may enter into cooperative agreements and
7 shared management arrangements, which may in-
8 elude special use permits, with any person, including
9 the Agua Caliente Band of Cahuilla Indians, for the
10 purposes of management, interpretation, and re-
11 search regarding the resources of the National
12 Monument.
13 (2) USE OF CERTAIN LANDS BY UNIVERSITY OF
14 CALIFORNIA.—In the case of any agreement with the
15 University of California in existence as of the enact-
16 ment of. this Act relating to the University's use of
17 certain Federal land within the National Monument,
18 the Secretary of the Interior shall, consistent with
19 the management plan and existing authorities, either
20 revise the agreement as may be necessary to ensure
21 its consistency with this Act or enter into a new
22 agreement to ensure the continuation of the Univer-
23 sity's and lands research and educational activities
24 within the National Monument.
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1 SEC. 5. EXISTING AND HISTORICAL USES OF FEDERAL
2 LANDS INCLUDED IN MONUMENT.
3 (a) RECREATIONAL ACTIVITIES GENERALLY.—The
4 management plan required by section 4(a) shall include
5 provisions to continue to authorize the recreational use of
6 the National Monument, including such recreational uses
7 as hiking, camping, mountain biking, sightseeing, and
8 horseback riding, as long as such recreational use is con-
9 sistent with other applicable law.
10 (b) MOTORIZED VEHICLES.—Except where or when
11 needed for administrative purposes or to respond to an
12 emergency, use of motorized vehicles in the National
13 Monument shall be permitted only on roads and trails des-
14 ignated for use of motorized vehicles as part of the man-
15 agement plan.
16 (c) HUNTING, TRAPPING, AND FISIIING.-
17 (1) IN GENERAL.—Except as provided in para-
18 graph (2), the Secretary of the Interior and the Sec-
19 retary of Agriculture shall permit hunting, trapping,
20 and fishing within the National Monument in ac-
21 cordance with applicable laws (including regulations)
22 of the United States and the State of California.
23 (2) REGULATIONS.—The Secretaries, after con-
24 sultation with the California Department of Fish
25 and Game, may issue regulations designating zones
26 where, and establishing periods when, no hunting,
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1 trapping, or fishing will be permitted in the National
2 Monument for reasons of public safety, administra-
3 tion, or public use and enjoyment.
4 (d) ACCESS TO STATE AND PRIVATE LANDS.—The
5 Secretaries shall provide such access to nonfederally
6 owned land or interests in land within the boundaries of
7 the National Monument as may be necessary to provide
8 the owner of the land or holder of the interest the use
9 and enjoyment of the land or interest, consistent with the
10 management plan.
11 (e) UTILITIES.—Subject to valid existing rights,
12 nothing in this Act or the management plan required by
13 section 4(a) shall be construed to inhibit or curtail the
14 ability of Government agencies or public and private utility
15 companies to install, construct, and maintain public utili-
16 ties and infrastructure within the National Monument,
17 consistent with other applicable Federal and State laws.
18 (f) WATER RIGHTS.—Nothing in this Act, the man-
19 agement plan required by section 4(a), or any action taken
20 pursuant thereto, shall constitute either an express or im-
21 plied reservation of water. Nothing in this Act shall affect
22 any valid existing water right, including any Federal re-
23 served water right, in effect on the date of the enactment
24 of this Act or any water right hereinafter approved pursu-
25 ant to the laws of the State of California.
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1 (g) MAINTENANCE 01,1 ROADS, TRAILS, AND STRUC-
2 TURFS.—In the development of the management plan re-
3 quired by section 4(a), the Secretaries shall address the
4 maintenance of roadways, jeep trails, and paths located
5 in the National Monument.
6 (h) GRAZING.—The Secretaries shall issue and ad-
z minister any grazing leases or permits in the National
8 Monument in accordance with the same laws (including
9 regulations) and executive orders followed by the Secre-
10 taries in issuing and administering grazing leases and per-
11 mits on other, land under the jurisdiction of the Secre-
12 taries.
13 (i) OVERPLIGHTS.-Nothing in this Act or the man-
14 agement plan required by section 4(a) shall be construed
15 to restrict or preclude overflights, including low-level over-
16 flights, over lands in the National Monument, including
17 military, commercial, and general aviation overflights that
18 can be seen or heard within the National Monument.
19 Nothing in this Act or the management plan shall be con-
20 strued to restrict or preclude the designation or creation
21 of new units of special use airspace or the establishment
22 of military flight training routes over the National Monu-
23 ment.
24 0) MINERAL WITHDRAWAL.—Subject to valid exist-
25 ing rights as provided in section 3(d), the Federal lands
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1 and interests in lands included within the National Monu-
2 ment are hereby withdrawn from all forms of entry, appro-
3 priation, or disposal under the public land laws, from loca-
4 tion, entry, and patent under the public land mining laws,
5 and from disposition under all laws pertaining to mineral
6 and geothermal leasing, and mineral materials.
7 SEC. 6.ACQUISITION OF LAND.
8 (a) ACQUISITION AUTHORIZED; METHODS.—State,
9 local government, Tribal, and privately held land or inter-
10 ests in land within the boundaries of the National Monu-
11 ment may be acquired for management as part of the Na-
12 tional Monument only by-
13 (1) donation;
14 (2) purchase from a willing seller; or
15 (3) exchange with a willing party.
16 (b) USE OF EASEMENTS.—To the extent practicable,
17 and if preferred by a willing seller, the Secretary of the
18 Interior and the Secretary of Agriculture shall use con-
19 servation easements to acquire interests in land in the Na-
20 tional Monument in lieu of acquiring land in fee simple
21 and thereby removing land from non-Federal ownership.
22 (e) VALUATION OF PRIVATE PROPERTY.—The
23 United States shall offer the fair market value for any
24 interests or partial interests in land acquired under this
25 section. »
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1 (d) INCORPORATION OF ACQUIRED LANDS AND IN-
2 TERESTS.—Any land or interest in lands within the
3 boundaries of the National Monument that is acquired by
4 the United States after the date of the enactment of this
5 Act shall be added to and administered as part of the Na-
6 tional Monument as provided in section 3(b).
7 (e) LAND EXCHANGE AUTHORIZATION.—In order to
8 support the cooperative management agreement in effect
9 with the Agua Caliente Band of Cahuilla Indians as of
10 the date of the enactment of this Act, the Secretary of
11 the Interior may, without further authorization by law, ex-
12 change lands, which the Bureau of Land Management has
13 acquired using amounts provided under the Land and
14 Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
15 4 et seq.), with the Agua Caliente Band of Cahuilla Indi-
16 ans. Any such land exchange may include the exchange
17 of federally owned property within or outside of the bound-
18 aries of the National Monument for property owned by
19 the Agua Caliente Band of Cahuilla Indians within or out-
20 side of the boundaries of the National Monument. The ex-
21 changed lands acquired by the Secretary within the bound-
22 aries of the National Monument shall be managed for the
23 purposes described in section 2(b).
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1 SEC. 7. LOCAL ADVISORY COMMITTEE.
2 (a) ESTABLISHMENT.—The Secretary of the Interior
3 and the Secretary of Agriculture shall jointly establish an
4 advisory committee for the National Monument, whose
5 purpose shall be to advise the Secretaries with respect to
6 the preparation and implementation of the management
7 plan required by section 4.
8 (b) REPRESENTATION.—To the extent practicable,
9 the advisory committee shall consist of the following mem-
10 bers:
11 (1) An individual with a recognized background
12 in ecological restoration, research, and application,
13 selected from nominees submitted by the University
14 of California or the College of the Desert.
15 (2) A representative of the California Depart-
16 ment of Fish and Game and a representative of the
17 California Department of Parks and Recreation.
18 (3) A representative of the County of Riverside,
19 California.
20 (4) A representative of each of the following cit-
21 ies: Palm Springs, Cathedral City, Rancho Mirage,
22 La Quinta, Palm Desert, and Indian Wells.
23 (5) A representative of the Agua Caliente Band
24 of Cahuilla Indians.
25 (6) A representative of the Coachella Valley
26 Mountains Conservancy. NO
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1 (7) A representative of the local Sierra Club or,
2 if no such representative is available, another recog-
3 nized conservation organization.
4 (8) A representative of the Building Industry
5 Association.
6 (9) A representative of the Winter Park Au-
7 thority.
8 (10) A representative of the Santa Rosa Moun-
9 tains Council.
10 (e) TERMS.-
11 (1) STAGGERED TERMS.—Members of the advi-
12 sory committee shall be appointed for terms of three
13 years, except that, of the members first appointed,
14 one-third of members shall be appointed for a term
15 of 1 year and one-third of the members shall be ap-
16 pointed for a term of 2 years.
17 (2) REAPPOINTMENT.—A member may be re-
18 appointed to serve on the advisory committee upon
19 the expiration of the member's current term.
20 (3) VACANCY.—A vacancy on the advisory com-
21 mittee shall be filled in the same manner as the
22 original appointment.
23 (d) QUORUM.—A quorum shall be eight members of
24 the advisory committee. The operations of the advisory
25 committee shall not be impaired by the fact that a member
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1 has not yet been appointed as long as a quorum has been
2 attained.
3 (e) CHAIRPERSON AND PROCEDURES.—The advisory
4 committee shall elect a chairperson and establish such
5 rules and procedures as it deems necessary or desirable.
6 (f) SERVICE WITIIOUT COMPENSATION.—Members
7 of the advisory committee shall serve without pay.
8 SEC. 8.AUTHORIZATION OF APPROPRIATIONS.
9 There are authorized to be appropriated such sums
10 as are necessary to carry out this Act.
I
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COMMITTEES: WASHINGTON OFFICE.
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MILITARY PERSONNEL March 22, 2000 FA(909)485-4827 465-4897
MILITARY PROCUREMENT
The Honorable William G.Kleindienst MAR 2 ] ZQQQ 1600 EAST FLORIDA AVENUE
SUITE 306
Mayor, City of Palm Springs HEMET,CA 92544
(909)659-2312
P.O.Box 2743 FAX.(909)652-2562
Palm Springs, CA 92263-2743
(, ' ► iI
Dear Mayor eindienst:
Thank you for your letter dated March 9,2000 which expresses the City's support for planned
development in Palm Hills. I appreciate the City's input.
As we discussed over the phone,I have not yet drawn the boundary of the proposed Santa Rosa-San
Jacinto National Monument. However, in drawing the lines,I will use the natural geological formation
of the toe of the slope. Because the proposed site for the Palm,Hills development is situated up the
mountain, it falls within the proposed boundary of the monument.
The Department of Interior is concerned in protecting the natural beauty of our mountain range. In fact,
Secretary Bruce Babbitt is concerned that my legislation(H.R. 3676)does not go far enough to achieve
this purpose. Therefore,he has recommended a Presidential "veto"of my bill and will ask President
Clinton to declare the Santa Rosa's a National Monument using the powers of the 1906 Antiquities Act.
If this happens,the Secretary will draw the lines and language affording protection for private property
owners in my legislation will not be included.
However, I still believe Secretary Babbitt and I can work together to achieve a compromise. If I am
successful,the mountains will receive their monument designation and private property rights will be
protected. But this compromise is not only predicated on achieving consensus on the language, it is also
dependent on what the boundary will look like. I am afraid that reaching into the mountains and drawing
out Palm Hills will be cause for a"veto." Again, if this happens, all land holders living within and
around this proposed boundary will be subject to the Administration's policies.
I will never sacrifice the rights of private property owners. In fact, I am trying to protect their rights so
that our Valley will be a model of how to protect the environment while promoting economic growth.
Again,thank you for your interest in this matter.
Sincerely,
MARY B O
Member of ress /(]�
MB:Imv ,aY �
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 future;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 a hillside 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 resort development projects which have been in the
planning process for over 10 years which take advantage of the scenic and recreational opportunities
of their sites and embody extensive environmental mitigation measures,which projects have in some
cases been subject to litigation,and which projects are a vital part 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 of private 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 Actand
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 of Palm 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 of monument 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 future 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
of the National Monument interfere in any way 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 ofnon-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 of property by eminent domain and the appropriation of funds
therefore.
(b) To authorize the Bureau of Land Management to grant a right-of-way,exchange,or
sell portions of Section 16, TA.S, RAE., S.B.B.M. to the City, or authorized
designee, for the purpose of allowing limited public recreation (golf course
amenities).
7
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 trails 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.
ADOPTEDthis 1st dayof December , 1999.
AYES: Members Hodges, Jones, 0den, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
By
City Manager City Clerk
REVIEWED AND APPROVED AS TO FORM:
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RESOLUTION NO. 19772
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA
REAFFIRMING ITS RECOMMENDED
MODIFICATIONS TO THE BOUNDARY
MAP AND TEXT OF THE SANTA ROSA
AND SAN JACINTO MOUNTAINS
NATIONAL MONUMENT ACT OF 2000
CONTAINED IN ITS RESOLUTION
NO.19694 ADOPTED DECEMBER 1, 1999.
WHEREAS, the City Council has reviewed the proposed Santa Rosa and San Jacinto
Mountains National Monument Act of 2000 (National Monument); and
WHEREAS, on December 1, 1999,the City Council adopted Resolution 19694 containing
its recommendations regarding the proposed boundary map and text ofthe proposed National
Monument Bill; and
WHEREAS,the City Council has again considered this matter at a public meeting on April
5, 2000; and
WHEREAS, the City Council has concluded that it is still in concurrence with its
recommendation contained in Resolution No. 19694.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs
that it reaffirms its recommendations contained in Resolution No. 19694 adopted December
1, 1999 relative to proposed amendments to the proposed National Monument Boundary
Map addressed in the proposed Santa Rosa and San Jacinto Mountains National Monument
Act of 2000 Bill.
I�
Page I of 2
R19772
Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that this
Resolution along with Resolution No. 19694 be submitted to Congresswoman Bono to assist
her crafting National Monument legislation which is consistent with the recommendations
of the City Council of the City of Palm Springs. Additionally,copies of this Resolution and
Resolution No. 19694 shall also be provided to Congressman Jim Hanson, the Resources
Committee Chairman, and other parties as necessary.
ADOPTED this 5th day of April , 2000.
AYES: Councilmembers Jones, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN:None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Manager City Clerk
REVIEWED AND APPROVED AS TO FORM:
Page 2 of 2