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Home My WebLink AboutSS2 - Santa Ana Mountains to Sea National MonumentAugust 9, 2016 Study Session Item No. SS2 Recreation and Senior Services Department August 9, 2016 City Council Study Session Santa Ana Mountains to Sea National Monument Bill Proposed By US Representative, Ed Royce 3 9t" District of California SS2-1 Santa Ana Mountains to Sea National Monument Bill To Strengthen and Elevate Public &Private Stewardship of a Nationally Significant Landscape and bring together a collaboration of regional partners Different than any other kind of monument designation Land description — Chaparral, coastal sage scrub, native grassland and oak -sycamore woodland — 101,523 acres Boundaries based on 2006 National Natural Landmarks and 2008 CA Natural Landmarks SS2-2 0 0 0 Monuments 101 What is a National Monument designation? 122 Total and 16 in California Range from Statue of Liberty to California Coastal California Natural Landmark Open Space National National Park Monument National Natural Landmark SS2-3 Benefits of a "National Monument" Designation • Raises profile of land in the community • Ensures preservation and protection • Increases tourism, research & education opportunities • Formalizes a shared vision • Coordinates management efforts • Fosters stewardship and conservation SS2-4 �' V � Y ` • 1r' FyVR' • � i� a�441 � � '` � `a � .i �• C r S „�. }�!�_. v it � Jj uSFS 4 —r Vo Southern Portion of the Monument SS2-6 Monument Land Within Newport Beach Boundaries ss2-7 0 0 0 0 0 0 0 Key Elements of the Bill Transparent overlay of lands already protected Preserves local authorities' control Celebrates the land's value Establishes: — Advisory committee with Newport Beach representation — Monument Plan No funding required Does not effect private properties No restrictions on existing land management SS2-8 General Plan Land Use Element Natural Resources Element Goal NR 10 Protection of sensitive and rare terrestrial and marine resources from urban development. Natural Resources Element Policy NR 17.1 Protect, conserve, and maintain designated open space areas that define the City's urban form, serve as habitat for many species, and provide recreational opportunities. Natural Resources Element Policy NR 20 Protect, and where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points, as shown in in Figure NR3. SS2-9 Benefits • Raises land to national profile • Coordinates efforts and fosters stewardship • Tourism • City pride • Demonstrated commitment to natural spaces • Growing local support �'6 wia �J IRVM UNCH - �YA1'EIt U[S4R1C? 7H L wr LDr ANDS — CONSERVANCY — StDUlll[RN CAUfQRN1A EDISON ,, , 11.7Uv.MOVAt6 Cemptrr 4 IRVINE RANCH CONSERVANCY IRVINE COMPANY Since 1$64 C-0)) 0 k A N G C C O U N T Y COASTKEEPER Natural Communities COALITION restoration I management I partnership SS2-10 0 0 0 Unknowns Unique model of monuments How does the Advisory Committee function Not In My Backyard Cooperative agreements SS2-11 Recommendations • NBPD Overflights - change bill to 240 meters • Recommended changes from City Council? SS2-12 Next Steps • Bill to be introduced Sept 2016 • If passed — Form local advisory committee —Submit Monument Plan 3 years from approval SS2-13 Santa Ana Mountains to Sea National Monument Questions? The SAMSNM Monument Team Laura Detweiler, RSS Sean Levin, RSS Justin Schmillen, RSS Cody Huson, RSS Ben Zdeba, CDD Jennifer Sisoev, RSS ' SS2-14 SANTA ANA MOUNTAINS TO SEA NATIONAL MONUMENT A 21 st Century Model for Conservation Landscapes MONUMENT AT A GLANCE: Location: Orange County, California The Land: 101,500 acres of protected, globally -rare habitats including chaparral, coastal sage scrub, native grassland and oak -sycamore woodland. The only protected area in Southern California extending from the Mountains to the Sea. Publicly owned and actively managed by a collaboration of federal, state, and local governments with private partners. Located in one of the most densely urbanized regions in the country. % Z-Fl"OF - - GOAL. Strengthen and Elevate Public/Private Stewardship of a Nationally Significant Landscape Rare Species and Natural Communities Recreation Opportunities for an Urban Population of Over 3.5 Million People No New Federal Funding Required to Establish or Manage BENEFITS OF MONUMENT DESIGNATION: • Raise Profile of the Lands in the Local, Regional and National Community • Strengthen and Enhance Coordinated Management of a Nationally -Important Protected Landscape with Multiple Public Owners and Private Partners • Formalize a Shared Vision and Standard of Stewardship • Support Implementation of One of Nation's Most Successful Habitat Conservation Plans • Provide Diverse Opportunities to Connect Urban Populations to Nature OWNERS AND MANAGERS: An alliance of federal, state and local agencies, non- profits, and private sector caring for 170 square miles of urban wilderness • U.S. Forest Service — 47,500 acres of designated Roadless Area in the Cleveland National Forest • State of CA — 5,000 acres including Crystal Cove State Park, with nearly 2 million annual visitors • County of Orange — 40,000 acres of wilderness parks and nature preserves • City of Irvine — 5,000 acres of urban open space • City of Newport Beach — Rare coastal estuaries and urban canyons • Infrastructure and Utility Agencies — Southern California Edison, Orange County Transportation Corridor Agency, Irvine Ranch Water District • Non-profit and Private Sector Partners — The Irvine Company, Irvine Ranch Conservancy, Crystal Cove Alliance, and many others FEDERAL FUNDING REQUIRED: NONE HIGHLIGHTS: The proposed Santa Ana Mountains to Sea National Monument encompasses more than 101,000 acres of protected public land in Orange County, California. The land is globally significant for its biological and geological features —more than 40,000 acres have been designated both a National and California Natural Landmark. Equally important, the proposed Monument is close to home, located less than 30 minutes from more than 3.5 million people, many of whom do not have easy access to large parks and areas of open space. These human communities are extraordinarily diverse — over 100 languages are spoken in the nearby region. Unlike previous National Monuments, the Santa Ana Mountains to Sea Monument does not need "saving" nor require federal funding to establish or manage. Instead, this new model of Monument will formalize, strengthen and enhance an already active collaboration among state, federal and local public landowners and a wide variety of non-governmental and private sector partners. SS2-15 The lands comprising the proposed Santa Ana Mountains to Sea National Monument have been investigated for National Park designation since the early 1970s. While that process never materialized, the spectacular landscapes from mountains to sea in Orange County were nevertheless protected and conserved by the U.S. Forest Service, the County of Orange, local cities, and the Irvine Company, with help from a diverse group of community partners. The result is a new model of National Conservation Landscape for the 21s` Century - a virtual National Park - protected, cared for and enjoyed by a collaboration of public and private organizations working together in partnership. Designation as the Santa Ana Mountains to Sea National Monument will not only recognize the importance of this new model of Park, it will give a national identity and profile to globally rare conservation and recreation land vital to a wide range of communities and millions of people. LEGISLATIVE ELEMENTS: • No federal funding required to establish or operate; Open for potential funds for improvements such as a visitor center. • Does not affect privately -owned land within the boundaries of the Monument. • Provides for active involvement of non-federal land owners; preserves local authorities and control. • Requires the Secretary of Agriculture to work with a broad, representative local Advisory Committee to create a Monument Management Plan. • Prohibits activities inconsistent with existing land protections and constraints; does not restrict current permitted activities. • Incorporates existing designated Roadless Areas of the Cleveland National Forest and the Mountains to Sea National Recreational Trail. • Enables publicly -owned land within Monument be managed collaboratively to: - Preserve, protect and enhance natural resources - Provide opportunities for education, recreation, and scientific research - Support stewardship across boundaries toward a common vision of conservation - Enable continued operation of essential infrastructure and facilities SS2-16 June 3, 2016 Representative Ed Royce Member of House of Representatives (CA -39) 210 W. Birch Street, Suite 201 Brea, California 92821 1�O R A N G E C O U N T Y 1� COASTKEEFER 3151 Airway Avenue, Suite F-110 Costa Mesa, CA 92626 Phone 714-850-1965 Fax 714-850-1592 www.coastkeeper.org Re: Letter of Support for the Santa Ana Mountains to Sea National Monument Dear Representative Royce: Orange County Coastkeeper ("Coastkeeper") is a non-profit public benefit corporation organized under the laws of the State of California with its office at 3151 Airway Avenue, Suite F-110, Costa Mesa, California 92626. Coastkeeper has over 5,000 members who live and/or recreate in and around Santa Ana Mountains and its surrounding watersheds. Coastkeeper is dedicated to the preservation, protection, and defense of the environment, wildlife, and natural resources of Orange County. On behalf of Coastkeeper, I submit this letter of support for the Santa Ana Mountains to Sea National Monument Establishment Act (the "Bill"). Members of Coastkeeper currently use and enjoy the proposed area of the Santa Ana Mountains to Sea National Monument to explore, relax, recreate, conduct research, and teach future generations about the environment. Coastkeeper supports the Bill because it will continue to provide outdoor recreational opportunities in a densely populated area, protect the biodiversity exclusive to this region, and preserve the property's rich historical legacy. Coastkeeper also supports the Bill's establishment of collaborative management to safeguard those benefits in addition to concentrating on the monument's appearance, accessibility, and reputation. The Santa Ana Mountains to Sea National Monument boasts many outdoor recreational advantages. As stated in the Bill, this land is situated in a "densely populated" area. The area is partly located in Orange County, which as of July 2015, had approximately 3,169,776 people — or an astounding 4,009 people per square mile. The need to keep the current preserved lands and open spaces protected is inevitable. The space includes forests, waterways, mountains, and canyons, allowing visitors to choose from a wide variety of activities and sceneries. Recreational activities for local residents will be enhanced by the 22 -mile Mountains to Sea National Recreational Trail. Establishing this monument will introduce outsiders to this unique trail -based and riparian recreation, while likewise promoting the significance of this serene refuge to local residents. The Santa Ana Mountains in South Orange County have been listed in the top twenty most threatened wilderness areas of the world.! This natural space is one of a kind, hosting species of flora and fauna that are exclusive to its setting or are rare, threatened, or endangered. A national monument classification would ensure this irreplaceable ecosystem lasts forever. The classification would be significant for the Santa Ana Mountains to Sea region because of the preservation, and importance that 1 Santa Ana Mountains Task Force, SIERRA CLUB http://www.sierraclub.org/angeles/santa-ana-mountains SS2-17 Santa Ana Mountains to Sea NM Support Letter June 3, 2016 Page 2 of 2 comes with this protective measure. For instance, the Building Land Management has stated that a national monument characterization attracts the visiting public, federal agencies, state agencies, private organizations, schools, and universities that are interested in research and education, which in turn promotes better understanding and management of the monument itself and areas with similar characteristics.2 The threatened and endangered plant and animal species found from the crest to the Pacific Ocean will be benefitted from the stewardship and scientific research promoted by this designation. Preserving this area is important because it has historic and prehistoric sites within it. Further, the Irvine Ranch reflects the area's rich history of California agriculture and the bounty made possible by industrious settlers, fertile land, and abundant sunshine. Supporters of the area have demonstrated admirable stewardship to permanently protect this land in perpetuity. This Bill gives recognition to the relationships, visions, and modesty of past environmental stewards who saved this area despite its value for development Finally, because the area is threatened and is located in such a populated region, the need for its management is essential. Coastkeeper supports the view that there "is a great need nationwide to establish, facilitate, and support new institutional models of collaborative management and stewardship of nationally significant landscapes that to not rely entirely on Federal land ownership or funding." The Bill establishes an Advisory Committee to justly represent the stakeholders' interests, while also ensuring cooperative management of the land. This area is worthy of preservation. The national monument classification is obvious when considering the abundant species that are unique to this region. When one compares the overpopulated, urban areas to the limited acreage of natural space streaming through them, they will find the species striving in the natural space are at an overwhelming disadvantage to successfully repopulate and grow, let alone survive. The beauty of Katmai National Park, Grand Canyon National Park, and California's own Joshua Tree National Park and Death Valley National Park would not be what they are today without the historic strides taken that initially classified them as national monuments. Just as one would not wish a reversion of these other American West treasures, one cannot deny the need for a national monument classification of this nationally significant natural resource in California. Coastkeeper supports the Santa Ana Mountains to Sea National Monument Establishment Act and encourages its passing to secure the enjoyment of this wilderness by future generations. The Santa Ana Mountains to Sea National Monument will provide improved outdoor activities and protect the area's biodiversity, while conserving its rich history. This opportunity to safeguard this special part of California for all Americans should not be surpassed. Sincerely, Garry Brown Executive Director Orange County Coastkeeper 2 Tlhy a National Monument, BUILDING LAND MANAGEMENT http: / /www.blm.gov/ ca/ st/ en/prog/nlcs/Fort_Ord_NM/why_a_national_monument.html. 2 SS2-18 June 16, 2016 TODD SPITZER SUPERVISOR THIRD DISTRICT ORANGE COUNTY BOARD OF SUPERVISORS ORANGE COUNTY HALL OF ADMINISTRATION , 33 W SANTA ANA BLVD SANTA ANA, CALIFORNIA 42701 PHONE {714) 834-3330 FAX (714) 834-2786 Todd Spitzer@ocgiov.com The Honorable Ed Royce Congressman, 39`h District U.S_ House of Representatives 2310 Rayburn House Office Building Washington, DC 20515 Re: Santa Ana Mountains to Sea National Monument Dear Congressman Royce: Thank you for your leadership in authoring legislation to establish the Santa Ana Mountains to Sea National Monument. This Monument designation will fittingly raise the national profile of these spectacular open spaces that have been protected and managed in Orange County, as well as increase awareness of them in the local community as a place to recreate, refresh and enjoy nature. Nearly 40,000 acres were designated a National Natural Landmark in 2006 by the National Park Service, and the first-ever California Natural Landmark in 2008. Inclusion of 50,000 acres of established Roadless Area of the Cleveland National Forest, plus new conservation lands the County of Orange received in 2015 will bring the total acreage to 101,500 - all within half an hour of 3 million people. This will be a Monument in our backyard, not a plane trip or a long car drive away. The Santa Ana Mountains to Sea National Monument will provide critically important world- class conservation and recreation experiences in the middle of one of the most urban regions of the country. Designation of these lands as a Monument ensures that these special natural and cultural resources, geologic features, trails, and other visitor facilities will all be managed and cared for in a manner fitting with their national importance. 1 believe that National Monument designation will reinforce the value of these lands with the public, as well as support the growing multi -landowner collaboration in the region. As you know, most of these precious lands lie within the YJ Supervisorial District of the County of Orange and are managed by the County's regional park function. As the Yd District Supervisor, 1 look forward to the introduction of your bill and want to let you know l will be recommending to my colleagues on the Board of Supervisors that the County take a http://bos.ocgov.com/third 91 Super visorToddSoitze: 05upvToddSpitzer SS2-19 The Honorable Ed Royce June 16, 2016 Page 2 "SUPPORT" position for your legislation once it has been introduced and a bill number established. Please�o not hesitate to contact my office if I can be of any other assistance to you in this effort. Since#lb, I 'I, M7 SS2-20 F:\M14\R0YCE\R0YCE_104.XML ................................................................... (Original Signature of Member) 114TH CONGRESS 2D SESSION He Re To establish the Santa Ana Mountains to Sea National Monument consisting of nationally significant natural and cultural resources of the historic Santa Ana Mountains, Cleveland National Forest, and other lands in Orange County, California, to provide for conservation, collaborative stew- ardship, and public use and enjoyment of these resources, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. ROYCE introduced the following bill; which was referred to the Committee on A BILL To establish the Santa Ana Mountains to Sea National Monument consisting of nationally significant natural and cultural resources of the historic Santa Ana Moun- tains, Cleveland National Forest, and other lands in Or- ange County, California, to provide for conservation, col- laborative stewardship, and public use and enjoyment of these resources, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-20 F:\Ml4\R0YCE\R0YCE_l04.XML 2 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 "Santa Ana Mountains to Sea National Monument Estab- 4 lishment Act". 5 (b) TABLE OF CONTENTS.—The table of contents of 6 this Act is as follows: See. 1. Short title; table of contents. See. 2. Findings. See. 3. Establishment of Santa Ana Mountains to Sea National Monument. Sec. 4. Management of the Monument. See. 5. Monument Plan. See. 6. Acquisition of land. See. 7. Advisory Committee. Sec. S. Clarification of effect of Act. See. 9. Definitions. 7 SEC. 2. FINDINGS. 8 The Congress makes the following findings: 9 (1) In the heart of densely populated southern 10 California lies a magnificent over 100,000 acre net - 11 work of permanently preserved land and open space, 12 38,000 acres of which were designated in 2006 as a 13 National Natural Landmark by the Department of 14 the Interior and as California's first Natural Land - 15 mark in 2008 for the land's exceptional biological 16 and geological attributes. 17 (2) The Cleveland National Forest, established 18 in 1908 by President Theodore Roosevelt and named 19 for President Grover Cleveland, is the southernmost 20 national forest in California. The west -facing slope 21 of the northern and central Santa Ana Mountains f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-21 F:\M14\R0YCE\R0YCE_104.XML 11 1 are dominant features within this landscape, includ- 2 ing elevations ranging from approximately 1,200 feet 3 at the mouth of Silverado Canyon to over 5,600 feet 4 at Santiago Peak. 5 (3) The National Forest is an important habi- 6 tat link to surrounding regional wildlife preserves. 7 Chaparral and coastal sage scrub habitats are char - 8 acteristic of the local landscape. The area contains 9 a number of oak woodlands and grassy meadows. 10 Certain creeks have been designated as critical habi- 11 tat for one or more threatened or endangered spe- 12 cies, including southern steelhead (Oncorhynchus 13 mykiss), speckled dace (Rhinichthys osculus), the 14 southwestern pond turtle (Clemmys marmorata 15 pallida), and southwestern arroyo toad (Bufo 16 californicus). Other endangered, threatened and sen - 17 sitive species in this habitat include California 18 gnatcatcher (Polioptila californica), California spot - 19 ted owl (Stria occidentalis), and least Bell's vireo 20 (Vireo bellii pusillus). Chiquito Basin, a Special In - 21 terest Area in the upland portion of the Santa Ana 22 Mountains, has a number of endemic and rare 23 plants, including San Miguel savory (Satureja 24 chandlers) and Fish's milkwort (Polygala cornuta 25 var. fishiae). f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-22 F:\M14\R0YCE\R0YCE_104.XML 11 1 (4) Historic and prehistoric sites can be found 2 in several of the canyons. Plant materials tradition - 3 ally used by Native Americans thrive in several loca- 4 tions. 5 (5) The Cleveland National Forest is the 6 wildland backdrop for millions of Orange County 7 residents, whose communities are minutes away 8 from this part of the National Forest System. The 9 Santa Ana Mountains are an important day -use area 10 for Orange County, offering open -space links to sur - 11 rounding communities, and providing opportunities 12 for challenge, solitude, and contemplation close to 13 urban populations, as well as exceptional trail -based 14 and riparian recreation. 15 (6) Since 1866, when the Rancho San Joaquin, 16 Rancho Lomas de Santiago, and Rancho Santiago 17 Santa Ana were combined by James Irvine and his 18 partners to establish the Irvine Ranch, its history 19 has reflected the rich tradition of California agri- 20 culture and the bounty made possible by industrious 21 settlers, fertile land, and abundant sunshine. 22 (7) Owing to the continuing stewardship of The 23 Irvine Company since its founding in 1864, along 24 with the extraordinary efforts of a wide variety of 25 government, private, nonprofit, and other partners, f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-23 F:\M14\R0YCE\R0YCE_104.XML 5 1 more than half of the original Irvine Ranch has been 2 permanently protected and shall remain undeveloped 3 in perpetuity. 4 (8) The historic Irvine Ranch, along with por- 5 tions of the Trabuco Ranger District of the Cleve - 6 land National Forest and wilderness parks and pre - 7 serves owned by the County of Orange and other 8 local governments, comprise a 156 -square mile 9 swath of preserved land and natural open space ex - 10 tending from the crest of the coastal mountains to 11 the Pacific Ocean. 12 (9) The open space of the historic Irvine Ranch 13 and adjacent areas of the California Floristic Prov - 14 ince are home to a wide array of threatened and en - 15 dangered plant and animal species found nowhere 16 else, and many of these lands were the setting of the 17 first Natural Community Conservation Planning 18 Agreement in 1996, which protected the California 19 gnatcatcher and a large list of protected species 20 while allowing responsible, well -considered develop - 21 ment. 22 (10) Designation of open space within the 23 boundary of the historic Irvine Ranch and a sur - 24 rounding landscape of other connected protected 25 open space as a National Monument would perma- f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-24 F:\M14\R0YCE\R0YCE_104.XML iii 1 nently protect the unique biological, cultural, geo- 2 logical, and historic values of the area for present 3 and future generations, while enhancing opportuni- 4 ties for collaborative stewardship, scientific research, 5 public education, and continued recreation on, 6 among other things, the 22 -mile Mountains to Sea 7 National Recreational Trail. 8 (11) Reaches of the Mountains to Sea National 9 Recreational Trail within the boundary of the Monu- 10 ment will be managed consistent with the commit - 11 ments of that designation and the Monument Plan. 12 (12) There is a great need nationwide to estab- 13 lish, facilitate, and support new institutional models 14 of collaborative management and stewardship of na- 15 tionally significant landscapes that do not rely en - 16 tirely on Federal land ownership or funding. 17 SEC. 3. ESTABLISHMENT OF SANTA ANA MOUNTAINS TO 18 SEA NATIONAL MONUMENT. 19 (a) ESTABLISHMENT.—The approximately 100,000 20 acres of land owned or controlled by the Federal, State, 21 or local government depicted on the Map as 22 are hereby established as the "Santa 23 Ana Mountains to Sea National Monument". The Sec - 24 retary may make minor adjustments to the boundary of 25 the Monument. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-25 F:\M14\R0YCE\R0YCE_104.XML rl 1 (b) PURPOSES.—The purposes of the Monument are 2 to - 3 (1) preserve and protect the nationally signifi- 4 cant biological, cultural, recreational, geological, edu- 5 cational, historic, scenic, and scientific values of fea- 6 tures and lands within its boundaries; 7 (2) secure the opportunity for present and fu - 8 ture generations to experience and enjoy the mag - 9 nificent flora and fauna, wildlife, land forms, and 10 natural and cultural resources of the Monument; 11 (3) provide access and opportunities for envi- 12 ronmental education, exploration, and scientific re - 13 search; 14 (4) foster and support collaborative stewardship 15 across ownership boundaries toward a common VI_ 16 Sion of the highest standards of conservation and 17 recreation; 18 (5) establish, facilitate, and support new insti- 19 tutional models of collaborative management and 20 stewardship of nationally significant landscapes that 21 do not rely entirely on Federal land ownership or 22 funding; and 23 (6) inspire public support for land conservation 24 and stewardship in one of the most densely popu- 25 lated regions of the United States. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-26 F:\M14\R0YCE\R0YCE_104.XML 1 (c) MAP; LEGAL DESCRIPTIONS. - 2 (1) LEGAL DESCRIPTION. As soon as prac- 3 ticable after the date of the enactment of this Act, 4 the Secretary shall submit legal descriptions of the 5 Monument, as generally depicted on the Map, to - 6 (A) the Committee on Natural Resources 7 of the House of Representatives; and 8 (B) the Committee on Energy and Natural 9 Resources of the Senate. 10 (2) CORRECTIONS.—The Map and legal descrip- 11 tions of the Monument shall have the same force 12 and effect as if included in this Act, except that the 13 Secretary may correct clerical and typographical er- 14 rors in the Map and legal descriptions. 15 (3) AvAu ABILITY OF MAP,—The Map, updated 16 as necessary to reflect any boundary changes to the 17 Monument, shall be on file and available for public 18 inspection in the appropriate offices of the Forest 19 Service and the Office of the County Clerk of Or - 20 ange County, California. 21 SEC. 4. MANAGEMENT OF THE MONUMENT. 22 (a) INTERIM MANAGEMENT.—Pending completion of 23 the Monument Plan, the Federal and other non -private 24 land owners shall manage lands within the Monument in f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-27 F:\M14\R0YCE\R0YCE_104.XML til 1 accordance with then -current authority, including the 2 Cleveland National Forest Land Management Plan. 3 (b) APPLICABLE LAws.—The Monument shall be ad - 4 ministered in accordance with the Monument Plan and 5 other applicable laws. 6 (c) COLLABORATIVE MANAGEMENT.—The Secretary 7 shall collaboratively manage, along with non -Federal pub - 8 lic entities, the non -private land within the exterior bound - 9 aries of the Monument to protect the resources of the 10 Monument, subject to valid existing rights. 11 (d) COOPERATIVE AGREEMENTS; GENERAL AUTHOR - 12 ITY.—To better implement the Monument Plan and com- 13 ply with existing authorities applicable to the Monument, 14 the Secretary may enter into cooperative agreements and 15 otherwise foster interagency cooperation, including the 16 transfer of funds from the Secretary to participating enti- 17 ties to administer the Monument. 18 SEC. 5. MONUMENT PLAN. 19 (a) ADMINISTRATOR.—The Secretary, in consultation 20 with the Advisory Committee, shall appoint a Forest Serv- 21 ice employee as Administrator. The Administrator shall 22 assist with the development and implementation of the 23 Monument Plan and shall serve in this capacity at the 24 pleasure of the Secretary. 25 (b) DEVELOPMENT AND SUBMISSION.— f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-28 F:\M14\R0YCE\R0YCE_104.XML 101 1 (1) DEVELOPMENT OF MONUMENT PLAN.—The 2 Secretary, in consultation with the Administrator, 3 the Advisory Committee, and interested private 4 property owners and holders of valid existing rights 5 within the Monument, shall develop a Monument 6 Plan for the conservation, protection, and adminis- 7 tration of the Monument, in accordance with all ap- 8 plicable laws. 9 (2) SUBMISSION OF PLAN.—Not later than 3 10 full fiscal years after the date of the enactment of 11 this Act, the Secretary shall - 12 (A) submit the completed Monument Plan 13 to - 14 (i) the Committee on Natural Re - 15 sources of the House of Representatives; 16 and 17 (ii) the Committee on Energy and 18 Natural Resources of the Senate; and 19 (B) make the completed Monument Plan 20 available to the public. 21 (c) REQUIRED ELEMENTS OF MONUMENT PLAN. - 22 (1) GENERAL CRITERIA FOR USES.—The Monu- 23 ment Plan shall only allow uses of the Monument 24 that - 25 (A) further the purposes of the Monument; f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-29 F:\M14\R0YCE\R0YCE_104.XML 11 1 (B) are consistent with legal protection in - 2 struments on the land, including conservation 3 easements, grant deeds, the National Forest 4 Management Act of 1976, or the Central Coast - 5 al Orange County Natural Community Con - 6 servation Plan/Habitat Conservation Plan; 7 (C) are included in cooperative agreements 8 entered into with the owners of land within the 9 Monument which, in the judgment of the Advi- 10 sory Committee, are consistent with the Monu- 11 ment Plan; and 12 (D) are permitted by this Act. 13 (2) INTERACTION WITH PUNS AND RIGHTS. - 14 The Monument Plan shall incorporate, or be con - 15 sistent with, existing conservation easements, grant 16 deeds, approved resource plans, permits, the ap- 17 proved Cleveland National Forest Land Management 18 Plan, and the Orange County Central/Coastal Nat - 19 ural Community Conservation Plan/Habitat Con - 20 servation Plan and Planned Activities. To the extent 21 possible while still complying or being consistent 22 with such easements, deeds, plans, permits, and 23 Planned Activities, the Monument Plan shall also in - 24 clude provisions to— f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-30 F:\M14\ROYCE\ROYCE_104.XML 12 1 (A) address regional fire management 2 planning and coordination between the Chief of 3 the Forest Service, the State, and other fire 4 management authorities and organizations in 5 the County; 6 (B) assess the need for and eventual estab- 7 lishment of a visitor center or other visitor fa- b cilities such as trails to serve the Monument, in - 9 cluding identifying opportunities for education 10 and engagement of the public in stewardship of 11 the land and in study and enjoyment of the 12 unique natural, cultural and historical elements 13 of the Monument; 14 (C) provide for continued collaborative 15 stewardship of the Monument among land - 16 owners and managers including the State, 17 County, local government, and private and not - 18 for-profit organizations; 19 (D) provide for continued active involve - 20 ment of the non -private land owners in the 21 Monument, respecting their authority as to land 22 use and related matters within their purview; 23 (E) reflect the necessity of incorporating 24 applicable provisions of existing approved man - 25 agement plans, resource plans, conservation f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-31 F:\M14\R0YCE\R0YCE_104.XML 13 1 easements, or other cooperative agreements per - 2 taining to land in the Monument, and allow ad - 3 ditional lands in the Monument boundary to be 4 covered by the Orange County Central Coastal 5 Natural Community Conservation Plan and per - 6 mit; and 7 (F) provide for access to rights-of-way in 8 the Monument by utility -company vehicles for 9 the operation, maintenance, upgrade, repair, re - 10 location, replacement, and construction of any 11 infrastructure facility in the Monument. 12 (3) OVERFLIGHTS. - 13 (A) PROHIBITED.—Except as provided by 14 subparagraph (B), the Monument Plan shall 15 prohibit nonemergency overflights below 250 16 meters and nonemergency and commercial air - 17 craft landings in the Monument. 18 (B) EXCEPTIONS.—No matter whether an 19 aircraft can be seen or heard in the Monument, 20 the Monument Plan shall allow overflights or 21 landings of such aircrafts in the Monument as 22 follows: 23 (i) For management purposes. 24 (ii) For military and commercial air - 25 craft overflights. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-32 F:\M14\R0YCE\R0YCE_104.XML 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 f:\VHLC\061616\061616.202.xm1 June 16, 2016 (2:19 p.m.) 14 (iii) For the operation, maintenance, upgrade, repair, relocation, replacement, and construction of any infrastructure fa- cility in the Monument and access to rights-of-way in the Monument by an aer- ial utility -company vehicle, except that— (I) in the case of an infrastruc- ture facility or right-of-way in the Monument in existence on the date of the enactment of this Act, only to the extent such overflights and landings were allowed before the date of the enactment of this Act; and (II) in the case of any infrastruc- ture facility or right-of-way estab- lished in the Monument after such date, only to the extent such over- flights and landings are authorized in accordance with applicable laws and instruments. (iv) As otherwise approved by the Sec- retary. (4) MOTORIZED VEHICLES.— (A) IN GENERAL.—Except as provided by subparagraph (B), the Monument Plan shall (6291131 10) SS2-33 F:\M14\R0YCE\R0YCE_104.XML 15 1 allow use of motorized vehicles in the Mon -u- 2 ment only on roads and trails specifically des - 3 ignated for use by motorized vehicles. 4 (B) EXCEPTIONS.—The Monument Plan 5 shall allow use of motorized vehicles in the 6 Monument as necessary or appropriate - 7 (i) for administrative purposes; 8 (ii) for the operation, maintenance, 9 upgrade, repair, relocation, replacement, 10 and construction of any infrastructure fa- ll cility in the Monument and access to 12 rights-of-way in the Monument by a util- 13 ity-company vehicle, except that - 14 (I) in the case of an infrastruc- 15 ture facility or right-of-way in the 16 Monument in existence on the date of 17 the enactment of this Act, only to the 18 extent the use of utility -company vehi- 19 cles was allowed for those purposes 20 before the date of the enactment of 21 this Act; and 22 (II) in the case of any infrastruc- 23 ture facility or right-of-way estab- 24 lished in the Monument after such 25 date, only to the extent the use of f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-34 F:\M14\R0YCE\R0YCE_104.XML Iffs 1 utility -company vehicles is authorized 2 for those purposes in accordance with 3 applicable laws and instruments; and 4 (iii) to respond to an emergency. 5 (5) ACCESS TO PRIVATE LAND.—The Monu- 6 ment Plan shall ensure that reasonable access is 7 given to each owner of private land in the exterior 8 boundary of the Monument in accordance with appli- 9 cable Federal law to ensure the reasonable use and 10 enjoyment of the land by the owner. 11 SEC. 6. ACQUISITION OF LAND. 12 (a) LIAHTATION ON ACQUISITION AUTHORITY.—The 13 Secretary is authorized to acquire for inclusion in the 14 Monument any non -Federal land or interests in land with - 15 in the exterior boundaries of the Monument only by - 16 (1) donation; 17 (2) exchange with a willing party; or 18 (3) purchase from a willing seller for fair mar - 19 ket value. 20 (b) INCORPORATION OF LAND AND INTERESTS IN 21 LAND AFTER ACQUISITION.—Land or an interest in land 22 within the exterior boundaries of the Monument that is 23 acquired by the United States, or by any non -Federal pub - 24 lie entity for the Monument, shall be added to and admin - 25 istered as part of the Monument. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-35 F:\M14\R0YCE\R0YCE_104.XML SS2-36 17 1 SEC. 7. ADVISORY COMMITTEE. 2 (a) ESTABLISHMENT.—The Secretary shall establish 3 a permanent advisory committee for the Monument. 4 (b) DUTIES.—The duties of the Advisory Committee 5 shall be to - 6 (1) advise the Secretary and Administrator with 7 respect to the preparation and implementation of the 8 Monument Plan; 9 (2) encourage and facilitate ongoing, collabo- 10 rative, multiowner stewardship of the Monument; 11 and 12 (3) otherwise represent the public interest and 13 non -Federal owners and managers of non -private 14 land in the Monument. 15 (C) MEMBERSHIP.—To the extent practicable, the 16 Advisory Committee shall include the following members, 17 to be appointed by the Secretary: 18 (1) A representative with expertise in applied 19 natural science and research nominated by the Uni- 20 versity of California at Irvine. 21 (2) A representative of the California Natural 22 Resources Agency, who shall represent State agen- 23 cies including the California Department of Fish and 24 Wildlife and the California Department of Parks and 25 Recreation. 26 (3) A representative of the County. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-36 F:\M14\R0YCE\R0YCE_104.XML 18 1 (4) A representative of each of the Cities (other 2 than the County) . 3 (5) A representative of the Irvine Ranch Water 4 District. 5 (6) A representative of the nonprofit Irvine 6 Ranch Conservancy representing managers of non - 7 Federal non -private lands in the Monument. 8 (7) A representative of an investor-owned elec- 9 tric utility primarily serving and owning infrastruc- 10 ture facilities within the areas identified on the Map. 11 (8) A representative of the Orange County Fire 12 Authority or other fire service agency in the vicinity 13 of the Monument. 14 (9) A representative of an organization dedi- 15 cated to compatible passive recreation and environ - 16 mental conservation. 17 (10) A representative of the non-profit coordi- 18 nating organization for the Orange County Central/ 19 Coastal Natural Community Conservation Plan/ 20 Habitat Conservation Plan. 21 (d) TERMS. - 22 (1) IN GENERAL.—In appointing members 23 under subsection (c), the Secretary shall appoint one 24 primary member and one alternate member who f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-37 F:\M14\R0YCE\R0YCE_104.XML ME 1 meet the qualifications described in each of the para - 2 graphs in that subsection. 3 (2) VACANCY. - 4 (A) PRIMARY MEMBER.—A vacancy on the 5 Advisory Committee with respect to a primary 6 member shall be filled by the applicable alter - 7 nate member, who shall then be the primary 8 member. 9 (B) ALTERNATE MEMBER.—The Secretary 10 shall appoint new alternate members in the 11 event of a vacancy with respect to an alternate 12 member of the Advisory Committee. 13 (3) TERM OF MEMBERS. - 14 (A) IN GENERAL.—The term of a member 15 of the Advisory Committee shall be three years. 16 At the pleasure of the Secretary, members may 17 serve up to 10 terms for a total of 30 years. 18 (B) SUCCEssORs.—Notwithstanding the 19 expiration of a three-year term of a member of 20 the Advisory Committee, a member may con - 21 tinue to serve on the Advisory Committee 22 until - 23 (i) the member is reappointed by the 24 Secretary; or 25 (ii) a successor is appointed. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-38 F:\M14\R0YCE\R0YCE_104.XML all 1 (4) TERM OF ALTERNATE MEMBER. An alter - 2 nate member appointed to fill a vacancy of the Advi- 3 sory Committee - 4 (A) shall serve for the remainder of the 5 term for which the predecessor was appointed; 6 and 7 (B) may be nominated for a subsequent 8 term. 9 (e) QUORUM.—A quorum of the Advisory Committee 10 shall consist of a majority of the primary members. 11 (f) CHAIRPERSON AND PROCEDURES.—The Advisory 12 Committee shall elect a chairperson and establish such 13 rules and procedures as it deems necessary or desirable. 14 (g) SERVICE WITHOUT COMPENSATION.—Members 15 of the Advisory Committee shall serve without pay for 16 their service as members. 17 (h) TERMINATION.—Members of the Advisory Com - 18 mittee shall serve at the pleasure of the Secretary. 19 (i) FEDERAL ADVISORY COMMITTEE ACT.—The Fed - 20 eral Advisory Committee Act (5 U.S.C. App.) shall not 21 apply to the Advisory Committee established by this Act. 22 SEC. 8. CLARIFICATION OF EFFECT OF ACT. 23 (a) EFFECT ON ADJACENT LAND.— f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-39 F:\M14\R0YCE\R0YCE_104.XML 21 1 (1) IN GENERAL.—Nothing in this Act creates 2 or is intended to create any protective perimeter or 3 buffer zone around the Monument. 4 (2) ACTIVITIES OUTSIDE MONUMENT.—The 5 fact that an activity or use on land outside the 6 Monument can be seen or heard in the Monument 7 shall not preclude the activity or use outside the 8 boundary of the Monument. 9 (3) NO ADDITIONAL REGULATION.—Nothing in 10 this Act authorizes additional regulation of activities 11 on land outside the boundary of the Monument. 12 (b) AIR AND WATER QUALITY.—Nothing in this Act 13 affects the standards governing air or water quality out - 14 side the boundary of the Monument, or is intended to do 15 so. 16 (c) NATE AND LOCAL JURISDICTION.—Nothing in 17 this Act alters, modifies, or diminishes any right, responsi- 18 bility, power, authority, jurisdiction, or entitlement of the 19 State, any political subdivision thereof, or any local agency 20 under existing Federal, State, and local law (including 21 regulations). 22 (d) WATER RIGHTS.—Nothing in this Act shall con - 23 stitute or be construed to constitute either an express or 24 implied reservation by the United States of any water or 25 water rights or affect any water rights existing on the date f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-40 F:\M14\ROYCE\ROYCE-104.XML 22 1 of the enactment of this Act, including any water rights 2 held by the United States. 3 (e) INFRASTRUCTURE FACILITIES AND RIGHTS -OF - 4 wAY.—Subject to paragraphs (3)(B)(iii) and (4)(B)(ii) of 5 section 5(c), nothing in this Act shall - 6 (1) affect the existence, use, operation, mainte- 7 nance (including vegetation control), repair, con - 8 struction, reconfiguration, expansion, inspection, re - 9 newal, reconstruction, alteration, addition, reloca- 10 tion, improvement, funding, removal, or replacement 11 of any infrastructure facility or appurtenant right - 12 of -way in or adjacent to the Monument; 13 (2) affect necessary or efficient access to any 14 infrastructure facility or right-of-way in or adjacent 15 to the Monument; 16 (3) preclude the establishment of new infra - 17 structure facilities or rights-of-way (including 18 instream sites, routes, and areas) in the Monument 19 if such facilities are - 20 (A) otherwise lawful; and 21 (B) utilized for public health and safety, 22 transportation, electricity supply, teleeommuni- 23 cations, water service, wastewater service, or 24 other utility services; f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-41 F:\M14\R0YCE\R0YCE_104.XML 23 1 (4) expand, restrict, or otherwise affect the au - 2 thority, access, or use of any entity whose responsi- 3 bility is to maintain utilities such as water, waste - 4 water, electrical, or communications infrastructure. 5 (f) FISH AND WILDLIFE.—Nothing in this Act shall 6 be construed as - 7 (1) affecting the authority, jurisdiction, or re - 8 sponsibility of the State to manage, control, or regu- 9 late fish and resident wildlife under State law or 10 regulations, including the regulation of hunting, fish - 11 ing, trapping, and recreational shooting on land 12 managed by the Forest Service; or 13 (2) limiting access for hunting, fishing, trap - 14 ping, or recreational shooting, though such activities 15 may be prohibited by the landowners in the Monu- 16 ment in their respective jurisdictions. 17 (g) GLAZING.—Nothing in this Act modifies any valid 18 grazing allotment in effect on the date of the enactment 19 of this Act for lands in the Monument. 20 (h) PAYMENT OF EXPENSES. - 21 (1) IN GENERAL.—Except as otherwise pro - 22 vided in this subsection, nothing in this Act shall be 23 construed to authorize the expenditure of Federal 24 funds to pay the costs of managing or maintaining 25 non -Federal land. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-42 F:\M14\R0YCE\R0YCE_104.XML 24 1 (2) CROSS -BOUNDARY FUNCTIONS.—Federal. 2 funds may be expended to support management 3 functions that are common to adjacent Federal and 4 non -private lands, such as invasive species control 5 and fire management. 6 (3) CAPITAL IMPROVEMENTS.—The Secretary, 7 in consultation with the Advisory Committee, may 8 expend Federal funds for capital improvements in 9 the Monument, no matter where situated, such as a 10 visitor center, parking access, or other types of fa- ll cilities. These capital improvements may be funded, 12 built, staffed, or maintained, in whole or in part, by 13 volunteers and non -private landowners, as appro- 14 priate. 15 (4) COOPERATIVE MANAGEMENT.—The Sec - 16 retary may provide to the State, County, or local 17 government goods and services to be used in the co - 18 operative management of the land in the Monument. 19 Use of donated funds, in-kind contributions, and 20 services shall conform to the purposes for which the 21 Monument is established. 22 (i) PRIVATE LAND EXCLUSION.—Privately owned 23 land within the boundaries depicted on the Map shall be 24 excluded from the Monument. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-43 F:\M14\R0YCE\R0YCE_104.XML 25 1 0) EXISTING AUTHORITY.—Nothing in this Act di - 2 minishes existing authority applicable to Federal land 3 within the Monument. 4 (k) EFFECT ON OTHER LAND -USE PLANS.—Nothing 5 in this Act shall be deemed to modify a duly approved 6 land -use plan of the Forest Service, including the Cleve - 7 land National Forest Land Management Plan. 8 SEC. 9. DEFINITIONS. 9 h i this Act: 10 (1) ADMINISTRATOR.—The term "Adminis- 11 trator" means the Forest Service employee des - 12 ignated under this Act as responsible for assisting 13 with the development and implementation of the 14 Monument Plan in consultation with the Advisory 15 Committee. 16 (2) ADVISORY COMMITTEE.—The term "Advi- 17 sory Committee" means the permanent advisory 18 committee for the Monument established under sec - 19 tion 7. 20 (3) COUNTY.—The term "County" means Or - 21 ange County, California. 22 (4) INFRASTRUCTURE FACILITY.—The term 23 "infrastructure facility" means all public, quasi -pub - 24 lie, and utility service facilities and structures, in - 25 eluding— f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-44 F:\M14\ROYCE\ROYCE-104.XML all 1 (A) highways and other roads, landfills, 2 and flood control facilities; 3 (B) any and all existing and future electric 4 generation facilities owned by a regulated elec- 5 tric utility, including electric storage facilities, 6 overhead and underground electrical supply 7 transport systems and communication systems 8 consisting of electric substations, electric and 9 telecommunication lines, poles and towers made 10 of various materials, "H" frame structures, guy 11 wires and anchors, crossarms, wires, under - 12 ground conduits, cables, vaults, manholes, 13 handholes, above -ground enclosures, markers 14 and concrete pads and other fixtures, appli- 15 ances and communication circuits, and other 16 fixtures, appliances and appurtenances con - 17 nected therewith necessary or efficient for the 18 construction, operation, regulation, control, 19 grounding, and maintenance of electric genera - 20 tion, storage, lines and communication circuits, 21 for the purpose of transmitting intelligence and 22 generating, storing, distributing, regulating, 23 and controlling electric energy to be used for 24 light, heat, power, communication, and other 25 purposes; and f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-45 F:\M14\R0YCE\R0YCE_104.XML W1 1 (C) any and all existing and future water 2 and wastewater facilities and infrastructure, in - 3 eluding pipelines, storage facilities, storage res - 4 ervoirs, pump stations, manholes, vaults, treat - 5 ment facilities, system valves, telemetry equip - 6 ment, turn outs, and all other appurtenances 7 connected therewith necessary or convenient for 8 the construction, operation, regulation, control, 9 distribution, and maintenance of a water and 10 wastewater system and its associated services. 11 (5) LOCAL GOVERNMENT.—The term "local 12 government" means: 13 (A) The City of Irvine, California. 14 (B) The City of Newport Beach, Cali - 15 fornia. 16 (C) The City of Laguna Beach, California. 17 (D) The County. 18 (E) Subordinate agencies of the entities 19 listed in subparagraphs (A) through (D). 20 (6) MAP.—The term "Map" means the map en - 21 titled " " and dated 22 (7) MONUMENT.—The term "Monument" 23 means the Santa Ana Mountains to Sea National 24 Monument established by this Act. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-46 F:\M14\R0YCE\R0YCE_104.XML -1 1 (S) MONUMENT PLAN.—The term "Monument 2 Plan" means the plan for the Monument developed 3 under this Act. 4 (9) PLANNED ACTIVITIES.—The term "Planned 5 Activities" means any and all permitted activities de- b scribed in the Orange County Central/Coastal Nat - 7 ural Community Conservation Plan/Habitat Con - 8 servation Plan. 9 (10) SECRETARY.—The term "Secretary" 10 means the Secretary of Agriculture. 11 (11) STATE.—The term "State" means the 12 State of California. 13 (12) UTILITY -COMPANY VEHICLE.—The term 14 "utility -company vehicle" means a motorized or 15 mechanized vehicle being used by a utility company 16 or contractor of a utility company for official busi- 17 ness of the utility company. The term includes a hel- 18 icopter or other aerial motorized or mechanized de - 19 vice. f:\VHLC\061616\061616.202.xm1 (629113110) June 16, 2016 (2:19 p.m.) SS2-4 7