I 

114TH CONGRESS 

1ST SESSION H. R. 3882 

To designate the Greater Grand Canyon Heritage National Monument in 

the State of Arizona, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2015 

Mr. GRIJALVA introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To designate the Greater Grand Canyon Heritage National 

Monument in the State of Arizona, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Greater Grand Canyon Heritage National Monument 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Establishment of Greater Grand Canyon Heritage National Monument, 

Arizona. 

Sec. 4. Management of Federal lands within the National Monument. 


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Sec. 5. Development of management plan. 

Sec. 6. Existing and historical uses of Federal lands included in monument. 

Sec. 7. Acquisition of land. 

Sec. 8. Greater Grand Canyon Heritage National Monument Advisory Council. 

Sec. 9. Water. 

Sec. 10. Withdrawal of Federal land from mining laws. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COUNCIL.—The term ‘‘advisory 

4 council’’ means the Greater Grand Canyon Heritage 

5 National Monument Advisory Council. 

6 (2) GRAND CANYON-ASSOCIATED TRIBES.—The 

7 term ‘‘Grand Canyon-associated tribes’’ means the 

8 Havasupai Tribe, the Hopi Tribe, Hualapai Indian 

9 Tribe, the Navajo Nation, Kaibab Band of Paiute 

10 Indians, Paiute Indian Tribe of Utah, Las Vegas 

11 Tribe of Paiute, Moapa Band of Paiute Indians, San 

12 Juan Southern Paiute Tribe, Yavapai-Apache Na13 tion, and the Zuni Tribe. 

14 (3) MANAGEMENT PLAN.—The term ‘‘manage15 ment plan’’ means the plan developed consistent 

16 with section 5. 

17 (4) NATIONAL MONUMENT.—The term ‘‘na18 tional monument’’ means the Greater Grand Canyon 

19 Heritage National Monument. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ 

21 means— 


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1 (A) the Secretary of Agriculture, with re2 spect to those national monument lands under 

3 the jurisdiction of the Secretary of Agriculture; 

4 and 

5 (B) the Secretary of the Interior, with re6 spect to those national monument lands under 

7 the jurisdiction of the Secretary of the Interior. 

8 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

9 means the Secretary of Agriculture and the Sec10 retary of the Interior acting jointly. 

11 SEC. 3. ESTABLISHMENT OF GREATER GRAND CANYON 

12 HERITAGE NATIONAL MONUMENT, ARIZONA. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) The Greater Grand Canyon ecosystem and 

15 watershed contains various tribal sacred sites and 

16 resources, including religious places and burial sites, 

17 with significant ancestral and contemporary values 

18 to the Grand Canyon-associated tribes. 

19 (2) The Grand Canyon-associated tribes have a 

20 longstanding historical, cultural and religious con21 nection the Greater Grand Canyon ecosystem and 

22 watershed and should play an integral role, through 

23 collaboration and consultation, in the planning and 

24 ongoing management of the monument. 


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1 (3) The Grand Canyon-associated tribes have 

2 historically been stewards of the region, with obliga3 tions to care for the land that has provided for them 

4 since time immemorial, including natural and cul5 tural resources such as ancestral sites, sacred places, 

6 plants, wildlife, water sources, and minerals, result7 ing in an accumulated body of traditional ecological 

8 knowledge that holds great potential for contributing 

9 to the sustainable and holistic management of the 

10 unique and fragile landscape. 

11 (4) The surface tributaries and interconnected 

12 ground water of the Greater Grand Canyon eco13 system and watershed are the source for Native 

14 American sacred springs and falls, such as 

15 Havasupai Falls. 

16 (5) The Greater Grand Canyon ecosystem and 

17 watershed in northern Arizona contains nationally 

18 significant biological, cultural, recreational, geologi19 cal, educational, and scientific values. 

20 (6) The Greater Grand Canyon ecosystem and 

21 watershed is integral to Grand Canyon National 

22 Park. The surface tributaries and groundwater 

23 sources within the watershed are interconnected and 

24 contribute significantly to the flow of the Colorado 


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1 River, and provide a source of drinking water for 

2 millions of American citizens. 

3 (7) The Greater Grand Canyon ecosystem and 

4 watershed contains a diverse array of canyons, cliffs, 

5 grasslands, springs, and escarpments that create a 

6 landscape unlike any other within America. 

7 (8) Wildlife corridors within the Greater Grand 

8 Canyon ecosystem and watershed facilitate the mi9 gration and survival of many native game species 

10 while the rivers, forests, and grasslands provide 

11 habitat for many rare, threatened, and endangered 

12 species. 

13 (9) The Greater Grand Canyon ecosystem and 

14 watershed provides a wild and rugged landscape en15 joyed by hunters, campers, hikers, mountain bikers, 

16 equestrians, and other recreationists. 

17 (10) Recreational activity within the watershed 

18 is the primary driver of sustainable economic devel19 opment in local communities. 

20 (b) ESTABLISHMENT.—Subject to valid existing 

21 rights, there is hereby established the Greater Grand Can22 yon Heritage National Monument in the State of Arizona, 

23 which consists of Federal land and interests in Federal 

24 land in Arizona, as generally depicted on the map entitled 


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1 ‘‘Greater Grand Canyon Heritage National Monument’’ 

2 and dated September 11, 2015. 

3 (c) PURPOSES.—The purposes of the national monu4 ment are— 

5 (1) to preserve and, if necessary, restore the na6 tive, cultural, sacred lands, and key tribal resources, 

7 nationally significant biological, ecological, including 

8 wildlife connectivity, cultural, historical, recreational, 

9 geological, hydrological, education, scenic and sci10 entific values found in the Greater Grand Canyon 

11 ecosystem and watershed, including above-ground 

12 tributaries, springs and interconnected groundwater 

13 that contribute significantly to the Colorado River; 

14 and 

15 (2) to secure now and for future generations 

16 the opportunity to experience and enjoy the diverse 

17 tribal resources, landscape, wildlife, water flows, and 

18 recreational use of the lands included in the national 

19 monument. 

20 (d) LEGAL DESCRIPTIONS; CORRECTIONS OF ER21 RORS.— 

22 (1) PREPARATION.—As soon as practical after 

23 the date of the enactment of this Act, but not later 

24 than 2 years after such date, the Secretaries shall 

25 prepare final maps and legal descriptions of the naVerDate Sep 11 2014 20:54 Nov 04, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3882.IH H3882

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1 tional monument, which shall have the same force 

2 and effect as if included in this Act, except that the 

3 Secretaries may correct clerical and typographical 

4 errors in the maps and legal descriptions. 

5 (2) SUBMISSION.—As soon as practicable after 

6 the preparation of the maps and legal descriptions 

7 under paragraph (1), the Secretaries shall submit 

8 the maps and legal descriptions to the Committee on 

9 Natural Resources of the House of Representatives 

10 and to the Committee on Energy and Natural Re11 sources of the Senate. 

12 (3) CONFLICT BETWEEN MAP AND LEGAL DE13 SCRIPTION.—In the case of a conflict between the 

14 maps and the legal descriptions, the maps shall con15 trol. 

16 (4) PUBLIC AVAILABILITY.—The maps and 

17 legal descriptions prepared pursuant to paragraph 

18 (1) shall be available for public inspection at appro19 priate offices of the Bureau of Land Management 

20 and Forest Service. 

21 SEC. 4. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA22 TIONAL MONUMENT. 

23 (a) BASIS OF MANAGEMENT.— 

24 (1) APPLICABLE LAWS.—The Secretary shall 

25 manage the national monument in a manner that 


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1 conserves, protects, and enhances the natural re2 sources and values of the national monument, in ac3 cordance with— 

4 (A) this Act; 

5 (B) the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.) for 

7 lands managed by the Bureau of Land Manage8 ment; 

9 (C) the Wilderness Act (16 U.S.C. 1131 et 

10 seq.); 

11 (D) the Forest and Rangeland Renewable 

12 Resources Planning Act of 1974 (16 U.S.C. 

13 1600 et seq.) and section 14 of the National 

14 Forest Management Act of 1976 (16 U.S.C. 

15 472a); 

16 (E) other laws (including regulations) ap17 plicable to the National Forest System for land 

18 managed by the Forest Service; and 

19 (F) other applicable law (including regula20 tions). 

21 (2) RESOLUTION OF CONFLICTS.—If there is a 

22 conflict between a provision of this Act and a provi23 sion of another law specified in paragraph (1), the 

24 more restrictive provision shall control. 


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1 (b) AUTHORIZED USES.—The Secretary shall allow 

2 only such uses of the national monument as the Secretary 

3 determines would further the purposes specified in section 

4 3(c). 

5 (c) PROTECTION OF RESERVATION, STATE, AND PRI6 VATE LANDS AND INTERESTS.—The establishment of the 

7 national monument shall not— 

8 (1) affect the property rights related to any In9 dian reservation, individually held trust land, other 

10 Indian allotments, lands or interests in lands held by 

11 the State of Arizona or any of its political subdivi12 sions, or any private property rights within the 

13 boundaries of the national monument; or 

14 (2) grant the Secretary of the Interior or the 

15 Secretary of Agriculture any new authority not al16 ready provided by law on or over non-Federal lands. 

17 (d) SCOPE.—The authority of the Secretary of the 

18 Interior and the Secretary of Agriculture under this Act 

19 shall extend only to Federal lands and Federal interests 

20 in lands included in the national monument. 

21 (e) NON-FEDERAL LANDS AND INTERESTS.—Noth22 ing in this Act— 

23 (1) requires a non-Federal property owner to 

24 allow public access to private property; or 


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1 (2) modifies any provision of Federal, State, or 

2 local law with respect to use of non-Federal land. 

3 SEC. 5. DEVELOPMENT OF MANAGEMENT PLAN. 

4 (a) MANAGEMENT PLAN.— 

5 (1) IN GENERAL.—Not later than 3 years after 

6 the date of the enactment of this Act, the Secre7 taries, collaborating at regular periods, shall— 

8 (A) develop, in accordance with the Na9 tional Environmental Policy Act of 1969 (42 

10 U.S.C. 4321 et seq.) and in collaboration with 

11 the advisory council, a comprehensive plan for 

12 the protection and management of the national 

13 monument to fulfill the purposes of the national 

14 monument; and 

15 (B) submit the management plan to Con16 gress before making it available to the public. 

17 (2) CONTENTS.—The management plan devel18 oped under this section shall— 

19 (A) describe the appropriate uses and 

20 management of the national monument; 

21 (B) identify short-term and long-term 

22 management actions and prioritize the manage23 ment actions based on projected availability of 

24 resources; 


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1 (C) protect and preserve Indian sacred 

2 sites (as defined in section 1(b) of Executive 

3 Order 13007 of May 24, 1996) and allow for 

4 Indian tribal members to access those sites for 

5 traditional, cultural, spiritual, and tree and for6 est product, food, and medicine-gathering pur7 poses; 

8 (D) include appropriate transportation 

9 planning that addresses the actions, including 

10 road closures or travel restrictions, necessary to 

11 protect the objects of the national monument 

12 and to further the purposes of the American In13 dian Religious Freedom Act (42 U.S.C. 1996 et 

14 seq.); 

15 (E) provide for the development and imple16 mentation of credible science-based ecological 

17 restoration projects that provide for the reten18 tion of old growth and large diameter trees, de19 veloped in coordination with the advisory coun20 cil, with the intent of restoring natural fire re21 gimes, enhancing old growth forest characteris22 tics, and assisting in the recovery and maintain23 ing the viability of at-risk, threatened, and en24 dangered species; 


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1 (F) evaluate the naturally dark time condi2 tions and propose goals and management direc3 tives to retain current characteristics; and 

4 (G) provide for continued recreational use 

5 of the national monument, including hunting, 

6 hiking, camping, mountain biking, birding, and 

7 horse-back riding, to the extent such rec8 reational use is consistent with this Act and ap9 plicable law. 

10 (3) PUBLIC PARTICIPATION AND SPECIAL CON11 SIDERATIONS.—In developing and implementing the 

12 management plan, and to the extent consistent with 

13 this section, the Secretaries— 

14 (A) shall solicit extensive public input; 

15 (B) shall take into consideration any infor16 mation developed in studies of the land within 

17 the national monument; 

18 (C) shall assess available climate change 

19 information pertinent to the national monument 

20 and include standards and practices to ensure 

21 the preservation of wildlife corridors and facili22 tate species migration; 

23 (D) shall identify opportunities to promote 

24 voluntary cooperative conservation projects with 

25 tribal, State, local, and private interests; 


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1 (E) shall take into consideration land uses 

2 (including tribal treaty and statutory rights) on 

3 the Federal lands within the national monu4 ment on the day before the date of the enact5 ment of this Act; and 

6 (F) may incorporate any provision from a 

7 resource management plan, land and resource 

8 management plan, or any other plan applicable 

9 to the national monument. 

10 (4) COLLABORATION WITH NATIVE AMERICAN

11 TRIBES.—The Secretary of the Interior, in coopera12 tion with the Secretary of Agriculture, shall formally 

13 collaborate with the Grand Canyon-associated tribes 

14 in the development of the management plan and in 

15 the ongoing management of the national monument. 

16 (5) COOPERATIVE AGREEMENTS.—In carrying 

17 out this Act, the Secretaries may make grants to, or 

18 enter into cooperative agreements and shared man19 agement arrangements with, federally recognized In20 dian tribes, with special emphasis on collaboration 

21 with the Grand Canyon-associated tribes, to conduct 

22 research, develop scientific analyses, and carry out 

23 any other initiative relating to the restoration, con24 servation, or management of the national monument. 


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1 (6) APPROVAL OF FUNDING ARRANGEMENTS.— 

2 The Secretary of the Interior may approve funding 

3 arrangements under the Tribal Self-Governance Act 

4 of 1994 (25 U.S.C. 458aa et seq.) for management 

5 of programs and functions related to the manage6 ment and protection of Traditional Cultural Prop7 erties and other culturally significant programming. 

8 SEC. 6. EXISTING AND HISTORICAL USES OF FEDERAL 

9 LANDS INCLUDED IN MONUMENT. 

10 (a) FISH AND WILDLIFE.—Nothing in this Act af11 fects the jurisdiction of the State of Arizona with respect 

12 to the management of fish and wildlife located on public 

13 land in the State, except that the Secretary, after con14 sultation with the Arizona Department of Game and Fish, 

15 may designate zones in the national monument where, and 

16 periods when, hunting shall not be allowed to accommo17 date traditional tribal uses, public safety, administration, 

18 or public use and enjoyment. 

19 (b) MOTORIZED AND MECHANIZED VEHICLES.—Ex20 cept where needed for administrative purposes or to re21 spond to an emergency, the use of motorized and mecha22 nized vehicles on lands within the national monument shall 

23 be permitted only on roads and trails designated for their 

24 use. 


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1 (c) GRAZING.—Livestock grazing within the national 

2 monument, where established or planned before the date 

3 of the enactment of this Act, shall be allowed to continue 

4 subject to all applicable laws and regulations. 

5 (d) WILDLAND FIRE OPERATIONS.—In cooperation 

6 with other Federal, State, tribal, and local agencies, as 

7 appropriate, the Secretary shall conduct wildland fire op8 erations in the national monument consistent with the 

9 purposes specified in section 3(c). 

10 (e) COMMERCIAL RECREATION ACTIVITIES.—The 

11 Secretary shall allow commercial recreation activities with12 in the national monument in accordance with— 

13 (1) this Act; 

14 (2) the Wilderness Act (16 U.S.C. 1133 et 

15 seq.); and 

16 (3) all other applicable laws and regulations. 

17 (f) HUNTING, TRAPPING, FISHING, AND GATH18 ERING.—The Secretary shall allow hunting, trapping, fish19 ing, and gathering within the national monument in ac20 cordance with applicable laws and regulations of the 

21 United States and the State of Arizona. 

22 (g) COMMERCIAL HARVEST OF TIMBER.—The Sec23 retary may allow cutting, sale, or removal of timber and 

24 other vegetative material within the national monument 

25 to the extent consistent with the purposes of the Act and 


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1 as part of an authorized restoration project under section 

2 5. 

3 SEC. 7. ACQUISITION OF LAND. 

4 (a) ACQUISITION AUTHORIZED; METHODS.—Non5 Federal held land or interests in land within the bound6 aries of the national monument may be acquired for man7 agement as part of the national monument only by— 

8 (1) donation; 

9 (2) exchange with a willing party; or 

10 (3) purchase from a willing seller. 

11 (b) USE OF EASEMENTS.—To the extent practicable, 

12 and if preferred by a willing landowner, the Secretary shall 

13 use permanent conservation easements to acquire interests 

14 in land in the national monument instead of acquiring 

15 land in fee simple. 

16 (c) VALUATION OF PRIVATE PROPERTY.—The 

17 United States shall offer the fair market value for any 

18 interests or partial interests in land acquired under this 

19 section. 

20 (d) INCORPORATION OF ACQUIRED LANDS AND IN21 TERESTS.—Any land or interest in land within the bound22 aries of the national monument that is acquired by the 

23 United States after the date of the enactment of this Act 

24 shall be added to and administered as part of the national 

25 monument. 


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1 (e) LIMITED CONVEYANCE AUTHORITY.—The Sec2 retary may authorize the conveyance of Federal land with3 in the national monument if— 

4 (1) the purpose for which the land is to be con5 veyed is consistent with the purposes specified in 

6 section 3(c); 

7 (2) the conveyance would benefit the national 

8 monument and is in the public interest, as deter9 mined by the Secretaries; and 

10 (3) the conveyance is made in accordance with 

11 applicable law (including regulations). 

12 SEC. 8. GREATER GRAND CANYON HERITAGE NATIONAL 

13 MONUMENT ADVISORY COUNCIL. 

14 (a) ESTABLISHMENT.—Not more than 180 days after 

15 the date of the enactment of this Act, the Secretaries shall 

16 establish an advisory council to be known as the ‘‘Greater 

17 Grand Canyon Heritage National Monument Advisory 

18 Council’’. 

19 (b) DUTIES.—The advisory council shall— 

20 (1) collaborate with the Secretaries with respect 

21 to the preparation and implementation of the man22 agement plan; 

23 (2) oversee and collaborate on the management 

24 of tribal sites, artifacts, ancient trails, burial sites, 


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1 and resources within the boundaries of the national 

2 monument; and 

3 (3) oversee and provide consultation on adapt4 ive management of natural resources within the 

5 boundaries of the national monument, including for6 est restoration and wildlife resources. 

7 (c) APPLICABLE LAW.—The advisory council shall be 

8 subject to— 

9 (1) the Federal Advisory Committee Act (5 

10 U.S.C. App.); 

11 (2) the Federal Land Policy and Management 

12 Act of 1976 (43 U.S.C. 1701 et seq.); and 

13 (3) all other applicable law. 

14 (d) REPRESENTATION.—The advisory council to be 

15 appointed by the Secretaries, and, to the extent prac16 ticable, shall be comprised of— 

17 (1) a representative designated by each tribal 

18 community with a historical relationship to the re19 gion that wishes to participate in the management 

20 of the national monument; 

21 (2) a representative that is a natural or cultural 

22 resource officer designated by each tribal community 

23 with a historical relationship to the region that wish24 es to participate in the management of the national 

25 monument; 


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1 (3) a representative with expertise in the field 

2 of anthropology, archaeology, and/or cultural studies 

3 from an accredited university or museum, as deter4 mined by the Secretary of the Interior and Secretary 

5 of Agriculture; 

6 (4) a representative of environmental non-gov7 ernmental organizations engaged in activities related 

8 to the Greater Grand Canyon ecosystem and water9 shed located within Arizona; 

10 (5) a representative of environmental non-gov11 ernmental organizations engaged in activities related 

12 to the Greater Grand Canyon ecosystem and water13 shed located anywhere in the Nation; 

14 (6) a representative of recreational non-govern15 mental organizations engaged in promoting opportu16 nities for recreational hunting and fishing within Ar17 izona; 

18 (7) a representative of the Arizona Game and 

19 Fish Department; and 

20 (8) a representative with expertise in the field 

21 of natural resource management, wildlife, or con22 servation biology selected from a regional college or 

23 university. 

24 (e) TERMS.— 


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1 (1) STAGGERED TERMS.—Members of the advi2 sory council shall be appointed for terms of 3 years, 

3 except that, of the members first appointed, 5 of the 

4 members shall be appointed for a term of 1 year and 

5 5 of the members shall be appointed for a term of 

6 2 years. 

7 (2) REAPPOINTMENT.—A member may be re8 appointed to serve on the advisory council upon the 

9 expiration of the member’s current term. 

10 (3) VACANCY.—A vacancy on the advisory 

11 council shall be filled in the same manner as the 

12 original appointment. 

13 (f) QUORUM.—A quorum shall be 8 members of the 

14 advisory council. The operations of the advisory council 

15 shall not be impaired by the fact that a member has not 

16 yet been appointed as long as a quorum has been attained. 

17 (g) PROCEDURES.—The advisory council shall estab18 lish such rules and procedures as it deems necessary or 

19 desirable. 

20 SEC. 9. WATER. 

21 Nothing in this Act— 

22 (1) affects the use or allocation, in existence on 

23 the date of the enactment of this Act, of any water, 

24 water right, or interest in water; 


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1 (2) affects any vested absolute or decreed condi2 tional water right in existence on the date of the en3 actment of this Act, including any water right held 

4 by the United States; 

5 (3) affects any claims or rights to water not yet 

6 asserted or finally determined; 

7 (4) affects any interstate water compact in ex8 istence on the date of the enactment of this Act; 

9 (5) authorizes or imposes any new reserved 

10 Federal water rights; or 

11 (6) relinquishes or reduces any water rights re12 served or appropriated by the United States in the 

13 State of Arizona on or before the date of the enact14 ment of this Act. 

15 SEC. 10. WITHDRAWAL OF FEDERAL LAND FROM MINING 

16 LAWS. 

17 (a) WITHDRAWAL.—Subject to valid existing rights 

18 as provided in section 3(b), the Federal lands and inter19 ests in lands included within the National Monument are 

20 hereby withdrawn from— 

21 (1) all forms of entry, appropriation, and dis22 posal under the public land laws; 

23 (2) location, entry, and patent under the mining 

24 laws; and 


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1 (3) operation of the mineral leasing and geo2 thermal leasing laws and mineral materials laws. 

3 (b) TREATMENT OF EXISTING RIGHTS.—The with4 drawal under subsection (a) is subject to valid, existing 

5 rights. If such rights are relinquished or otherwise ac6 quired by the United States after the date of the enact7 ment of this Act, the land that was subject to the rights 

8 shall be immediately withdrawn in accordance with sub9 section (a). 

Æ 


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