Page:Title 3 CFR 2012 Compilation.djvu/45

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Proclamations
Proc. 8803

the lands and interests in lands under the Secretary’s jurisdiction within the monument boundaries until the Army transfers those lands and interests in lands to the BLM in accordance with the 1995 Memorandum of Understanding (MOU) between the Department of the Army and the BLM, as amended, that describes the responsibilities of each agency related to such lands and interests in lands, the implementing actions required of each agency, the process for transferring administrative jurisdiction over such lands and interests in lands to the Secretary of the Interior, and the processes for resolving interagency disputes. The Secretary of the Interior, through the BLM, shall manage that portion of the monument under the Secretary’s administrative jurisdiction, pursuant to applicable legal authorities and the MOU, to implement the purposes of this proclamation.

For purposes of protecting and restoring the objects identified above, the Secretary of the Interior, through the BLM, shall prepare and maintain a transportation plan, in coordination with the Secretary of the Army and consistent with the MOU, that provides for visitor enjoyment and understanding of the scientific and historic objects on lands within the monument boundaries that are under the administrative jurisdiction of the Secretary of the Interior. The transportation plan shall include the designation of roads and trails for bicycling and other purposes. Except for emergency or authorized administrative purposes, under the transportation plan motorized vehicle use shall be permitted only on designated roads, and non-motorized mechanized vehicle use shall be permitted only on designated roads and trails. The plan shall be revised upon the transfer of lands now under the administrative jurisdiction of the Secretary of the Army to the Secretary of the Interior in accordance with the MOU.

Nothing in this proclamation shall be deemed to enlarge or diminish the rights of any Indian tribe.

Nothing in this proclamation shall affect the responsibility of the Department of the Army under applicable environmental laws, including the remediation of hazardous substances or munitions and explosives of concern within the monument boundaries; nor affect the Department of the Army’s statutory authority to control public access or statutory responsibility to make other measures for environmental remediation, monitoring, security, safety, or emergency preparedness purposes; nor affect any Department of the Army activities on lands not included within the monument. Nothing in this proclamation shall affect the implementation of the Installation-Wide Multispecies Habitat Management Plan for the former Fort Ord including interagency agreements implementing that plan. Nothing in this proclamation shall be deemed to enlarge or diminish the jurisdiction of the State of California with respect to fish and wildlife management.

Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation.

Warning is hereby given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof.

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