Sec. 704. Uses of Monument
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Except as necessary for administrative purposes or to respond to an emergency, the use of off-highway motorized vehicles in the Monument (including the use of off-highway motorized vehicles for commercial touring) shall be permitted only on designated routes, subject to all applicable law and as authorized by the management plan. Not later than two years after the date of enactment of this Act, the Director of the Bureau of Land Management shall— complete an inventory of all existing routes in the Monument; and designate routes concurrently with the completion of the management plan.
Except as provided in paragraph (2), the Secretaries shall permit hunting, trapping, and fishing within the Monument in accordance with applicable Federal and State laws (including regulations) as of the date of enactment of this Act. No amphibians or reptiles may be collected within the Monument, except for— scientific purposes; the removal of an invasive species; or identification/medical purposes in response to a snakebite. The Secretaries, after consultation with the California Department of Fish and Wildlife, may designate zones in which, and establish periods during which, hunting, trapping, and fishing shall not be allowed in the Monument for reasons of public safety, administration, resource protection, or public use and enjoyment.
The Secretaries shall provide access to each owner of non-Federal land or interests in non-Federal land within the boundary of the Monument to ensure the reasonable maintenance, use, and enjoyment of the land or interest by the owner. Not later than two years after enactment of this Act, the Secretaries shall consult with the owners of all non-Federal land within the boundary of the Monument to inventory all existing motorized access routes to private parcels existing as of the date of enactment of this Act.
The Secretaries shall not close, restrict, or deny use of any routes inventoried in paragraph (2). Subject to paragraph (5), the Secretaries may temporarily or permanently reroute a portion of a route inventoried in paragraph
(2)to address public safety concerns. Except in the case of temporary closure of a route due to an emergency, before any route inventoried in paragraph
(2)is closed, the Secretaries must open a new motorized access route to private parcels impacted by the closure. Except as provided in paragraphs
(2)and (3), or as required for the customary operation, maintenance, upgrade, expansion, or development of energy transport facilities within the rights-of-way described in subsection (e), no commercial enterprises shall be authorized within the boundary of the Monument after the date of enactment of this Act. The Secretaries may authorize exceptions to paragraph
(1)if the Secretaries determine that the commercial enterprises would further the purposes described in section 702(b). This subsection does not apply to the following: Energy transport facilities that are owned or operated by a utility subject to regulation by the Federal Government or a State government or a State utility with a service obligation (as those terms are defined in section 217 of the Federal Power Act ( 16 U.S.C. 824q )). Commercial vehicular touring enterprises within the Monument that operate on designated routes. Holders of permits for commercial enterprises, such as touring, wildlife viewing, or guiding for profit, within the Monument, regardless of whether the permit is issued before, on, or after the date of the enactment of this Act. Commercial operations that take place on non-Federal land within the boundary of the Monument. Subject to paragraph (2), nothing in this Act precludes, prevents, or inhibits the use of mechanized vehicles or customary operation, maintenance, upgrade, expansion, relocation within an existing right-of-way, replacement, or development of energy transport facilities within existing rights-of-way located in the Monument. The activities described in paragraph
(1)shall be conducted in a manner that minimizes the impact of the activities on Monument resources. The Secretaries shall, to the maximum extent practicable— permit rights-of-way that best protect the values and resources of the Monument described in section 702(b); and ensure that— existing rights-of-way within the Monument are fully utilized before authorizing any new or expanded utility right-of-way; and no economically, technically, or legally feasible alternative exists outside the Monument before authorizing a new or expanded energy transport facility right-of-way within the Monument. Nothing in this section terminates or limits any valid right-of-way within the Monument in existence on the date of enactment of this Act (including the customary operation, maintenance, repair, relocation within an existing right-of-way, or replacement of energy transport facilities within an existing right-of-way), or other authorized right-of-way, including a right-of-way described in subparagraph (B). A right-of-way referred to in subparagraph
(A)includes— a right-of-way issued, granted, or permitted to the Southern California Edison Company or any predecessors, successors, or assigns of the Southern California Edison Company, which are referred to as the Devers-Hi Desert-Terawind-Yucca transmission line rights-of-way and Coachella, Skyborne, and Toll distribution circuit rights-of-way; and a right-of-way authorization issued on the expiration of an existing right-of-way authorization described in clause (i). Not later than one year after the date of enactment of this Act, the Secretaries, in consultation with the Southern California Edison Company, shall publish plans for regular and emergency access by the Southern California Edison Company to the rights-of-way of the Southern California Edison Company within the Monument. Nothing in this subsection prohibits the upgrading (including the construction, relocation, or replacement within an existing right-of-way) or expansion of an existing energy transport facility for the purpose of increasing the transmission capacity of the energy transport facility or for providing energy storage consistent with the requirements of the California Public Utilities Commission in— existing rights-of-way within the Monument; or a right-of-way issued, granted, or permitted by the Secretaries that is contiguous or adjacent to existing energy transport facility rights-of-way, including existing Southern California Edison Sand to Snow energy transport facility rights-of-way. Except as authorized in subparagraph (B), any new rights-of-way or new uses within existing rights-of-way shall require compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). New rights-of-way shall only be approved if the Secretaries, in consultation with applicable Federal and State agencies, determine that the new rights-of-way are consistent with— this title; other applicable laws; the purposes of the Monument described in section 702(b); and the management plan for the Monument. Nothing in this title or the management plan restricts or precludes— overflights (including low-level overflights) of military, commercial, and general aviation aircraft that can be seen or heard within the Monument; the designation or creation of new units of special use airspace; the establishment of military flight training routes over the Monument; or the use (including takeoff and landing) of helicopters and other aerial devices to construct or maintain energy transport facilities. Subject to this Act and valid existing rights and except as provided in paragraph (2), the Federal land and interests in Federal land included within the Monument are withdrawn from— all forms of entry, appropriation, or disposal under the public land laws; location, entry, and patent under the public land mining laws; and operation of the mineral leasing, geothermal leasing, and mineral materials laws. Paragraph
(1)does not apply to an exchange that the Secretaries determine would further the protective purposes of the Monument. Development of renewable energy generation facilities (excluding rights-of-way or facilities for the transmission of energy and telecommunication facilities and infrastructure) is prohibited within the Monument. On a determination by the Secretaries that no reasonable alternative access exists and subject to paragraph (2), the Secretaries may allow new rights-of-way within the Monument to provide reasonable vehicular access to renewable energy project sites and appurtenant energy transport facilities outside the boundaries of the Monument. To the maximum extent practicable, the rights-of-way shall be designed and sited to be consistent with the purposes of the Monument described in section 702(b).
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