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II
113th CONGRESS
1st Session
S. 61
IN THE SENATE OF THE UNITED STATES
January 22
(legislative day, January 3), 2013
Mrs. Boxer (for herself
and Mrs. Feinstein) introduced the
following bill; which was read twice and referred to the
Committee on Energy and Natural
Resources
A BILL
To include the Point Arena-Stornetta Public Lands in the
California Coastal National Monument as a part of the National Landscape
Conservation System, and for other purposes.
1.
Short title;
definitions
(a)
Short
title
This Act may be cited as the California Coastal National Monument Expansion Act of
2013.
(b)
Definitions
In
this Act:
(1)
Map
The term map means the map
created by the Bureau of Land Management, entitled California Coastal
National Monument Addition and dated September 15, 2012.
(2)
Monument
The
term Monument means the California Coastal National Monument
established by Presidential Proclamation 7264.
(3)
Point
Arena-Stornetta Public Lands
The term Point Arena-Stornetta Public
Lands means the Federal land comprising approximately 1,255 acres in
Mendocino County, California, as generally depicted on the map.
(4)
Presidential
Proclamation 7264
The term
Presidential Proclamation 7264 means Presidential Proclamation
Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821).
(5)
Secretary
The
term Secretary means the Secretary of the Interior.
2.
Findings;
purpose
(a)
Findings
Congress
finds that—
(1) the Point Arena-Stornetta Public Lands
contain significant natural resources, including important wildlife habitat,
several riparian corridors, extensive wetlands, ponds and other water sources,
cypress groves, meadows, and sand dunes that should be preserved for present
and future generations;
(2) the ocean and coastal ecosystems adjacent
to the Point Arena-Stornetta Public Lands are internationally recognized as
significant centers of coastal upwelling that support the diverse, abundant,
and productive marine ecosystems and wildlife underlying the local economy and
identity of coastal communities;
(3) the Point Arena-Stornetta Public Lands tell
an important story about the coastal prehistory and history of California in
the context of the surrounding region and communities;
(4) the coastal area surrounding the Point
Arena-Stornetta Public Lands was traditionally used by Indian people, including
the Pomo Indian tribes;
(5) the Point Arena-Stornetta Public Lands are
historically associated with adjacent land managed for the enjoyment of current
and future generations, including the Arena Rock Marine Natural Preserve, and
Manchester Beach State Park;
(6) the Point Arena-Stornetta Public Lands
represent a model partnership where future management can be successfully
accomplished among the Federal Government, State of California, Mendocino
County, local communities, and private groups;
(7) permanent protection of the Point
Arena-Stornetta Public Lands will provide important economic benefits to
surrounding communities, and has broad public support;
(8) the Point Arena-Stornetta Public Lands
would make a significant addition to the California Coastal National Monument
and National Landscape Conservation System administered by the Bureau of Land
Management of the Department of the Interior; and
(9) statutory protection is necessary to ensure
that the Point Arena-Stornetta Public Lands remain a part of the historical,
cultural, and natural heritage of the United States and a source of inspiration
for the people of the United States.
(b)
Purpose
The purpose of this Act is to protect,
conserve, and enhance for the benefit and enjoyment of present and future
generations the unique and nationally important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Point
Arena-Stornetta Public Lands, while allowing certain recreational and research
activities to continue.
3.
Expansion of
California Coastal National Monument
(a)
In
general
The boundary of the
Monument established by Presidential Proclamation 7264 is expanded to include
the Federal land shown on the map.
(b)
Map and legal
description
(1)
In
general
As soon as practicable after the date of enactment of
this Act, the Secretary shall file with the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives a map and boundary description of land added to the Monument by
this Act.
(2)
Force and
effect
The map and boundary description filed under paragraph (1)
shall have the same force and effect as if included in this Act, except that
the Secretary may correct any minor errors in the map and boundary
descriptions.
(3)
Availability of
map and boundary description
The map and boundary description
filed under paragraph (1) shall be on file and available for public inspection
in appropriate offices of the Bureau of Land Management.
4.
Administration
(a)
In
general
The Secretary shall
manage the land added to the Monument by this Act—
(1) as a part of the Monument; and
(2) in accordance with Presidential
Proclamation 7264.
(b)
Management
plan
(1)
In
general
Not later than 2 years after the date of enactment of
this Act, the Secretary shall finalize an amendment to the Monument management
plan for the long-term protection and management of the land added to the
Monument by this Act.
(2)
Requirements
The
plan amendment shall—
(A) be developed with
an opportunity for full public participation; and
(B) describe the
appropriate uses and management of the land consistent with this Act.
(c)
Motorized and
mechanized transport
Except
as needed for emergency or authorized administrative purposes, the use of
motorized and mechanized vehicles in the Monument shall be permitted only on
roads and trails designated for that use.
(d)
Incorporation of
land and interests
(1)
Authority
The
Secretary may acquire non-Federal land or interests in land within or adjacent
to the land added to the Monument by this Act only through exchange, donation,
or purchase from a willing seller.
(2)
Management
Any
land or interests in land within or adjacent to the land added to the Monument
by this Act acquired by the United States after the date of enactment of this
Act shall be added to and administered as part of the Monument.
(e)
Overflights
Nothing
in this Act—
(1) restricts or
precludes overflights, including low-level overflights or military, commercial,
and general aviation overflights that can be seen or heard within the land
added to the Monument by this Act;
(2) restricts or
precludes the designation or creation of new units of special use airspace or
the establishment of military flight training routes over the land added to the
Monument by this Act; or
(3) modifies
regulations governing low-level overflights above the adjacent Gulf of the
Farallones National Marine Sanctuary.
(f)
Law
enforcement
Nothing in this
Act effects the law enforcement authorities of the Department of Homeland
Security.
(g)
Native American
uses
Nothing in this Act
enlarges, diminishes, or modifies the rights of any Indian tribe or Indian
religious community.
(h)
Buffer
zones
(1)
In
general
The expansion of the Monument is not intended to lead to
the establishment of protective perimeters or buffer zones around the land
included in the Monument by this Act.
(2)
Activities
outside the Monument
The fact that activities outside the
Monument can be seen or heard within the land added to the Monument by this Act
shall not, of itself, preclude those activities or uses up to the boundary of
the Monument.
(i)
Grazing
Nothing
in this Act affects the grazing of livestock within the Point Arena-Stornetta
Public Lands.
(j)
National
landscape conservation system
The Secretary shall manage the
Monument as part of the National Landscape Conservation System.