I 

114TH CONGRESS 

1ST SESSION H. R. 4268 

To designate the Castner Range in the State of Texas, to establish the 

Castner Range National Monument, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2015 

Mr. O’ROURKE introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To designate the Castner Range in the State of Texas, 

to establish the Castner Range National Monument, 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; TABLE OF CONTENTS. 

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

5 ‘‘Castner Range National Monument Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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Sec. 3. Establishment of Castner Range National Monument, Texas. 

Sec. 4. Access and buffer zones. 

Sec. 5. Management of Federal lands within the National Monument. 

Sec. 6. Water. 

Sec. 7. Border security. 

Sec. 8. Department of Army responsibility and authority. 

Sec. 9. Castner Range National Monument Advisory Council. 

Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 council’’ means the Castner Range National Monu5 ment Advisory Council. 

6 (2) MOTOR VEHICLE USE MAPS.—The term 

7 ‘‘motor vehicle use maps’’ means the maps produced 

8 by the Department of Defense and the City of El 

9 Paso regarding authorized motor vehicle use within 

10 Castner Range. 

11 (3) NATIONAL MONUMENT.—The term ‘‘Na12 tional Monument’’ means the Castner Range Na13 tional Monument. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (5) STATE.—The term ‘‘State’’ means the State 

17 of Texas. 


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1 SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL 

2 MONUMENT, TEXAS. 

3 (a) ESTABLISHMENT.—Subject to valid existing 

4 rights, there is hereby established the Castner Range Na5 tional Monument in the State. 

6 (b) AREA INCLUDED.—The National Monument con7 sists of Federal land and interests in Federal land within 

8 El Paso County, Texas, as depicted on the map entitled 

9 ‘‘Castner Range National Monument’’. 

10 (c) EXCLUSION OF NON-FEDERAL LAND.—The Na11 tional Monument includes only Federal land and interests 

12 in Federal land and does not include or apply to private 

13 property or other non-Federal land and interests in land 

14 within the exterior boundaries of the National Monument. 

15 (d) PURPOSE.—The purpose of the National Monu16 ment is to conserve, protect, and enhance for the benefit 

17 and enjoyment of present and future generations the eco18 logical, scenic, wildlife, recreational, cultural, historical, 

19 natural, educational, and scientific resources of the lands 

20 included in the National Monument, including Castner 

21 Range and its— 

22 (1) relationship to the Department of the Army; 

23 (2) role as a water conservation sanctuary 

24 through a dozen natural canyons, arroyos (‘‘gullies, 

25 washes’’) and alluvial fans which efficiently trans26 port run-off from the heights through seepage into 


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1 the large underground Hueco Bolso ́n (‘‘aquifer’’, 

2 which along with the West Side Mesilla Bolso ́n sup3 plies much of El Paso’s water); 

4 (3) historical significance, as it contains numer5 ous archaeological and historical resources that date 

6 as far back as the Paleo-Indian, Archaic and historic 

7 Indian groups, lasted from about 8000 B.C. to 4000 

8 B.C. and was initially characterized by big-game 

9 hunting; 

10 (4) significance as a habitat for an extremely 

11 diverse aggregation of wildlife and plant species of 

12 special concern that are thought to inhabit Castner 

13 Range, including the sand prickly pear, the Texas 

14 lyre snake, and the western burrowing owl; and 

15 (5) significance as a one-of-a-kind vegetation 

16 region that includes a mountainous area, cactus 

17 lechuguilla region, and draw-yucca grassland region. 

18 SEC. 4. ACCESS AND BUFFER ZONES. 

19 (a) ACCESS.—The Secretary shall continue to provide 

20 historical and adequate access to private inholdings within 

21 the exterior boundaries of the National Monument. 

22 (b) BUFFER ZONES.—Nothing in this Act creates a 

23 protective perimeter or buffer zone around the National 

24 Monument. The fact that any activities or uses outside 

25 of areas designated by this Act can be seen or heard within 


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1 the National Monument shall not preclude the activities 

2 or uses outside of the National Monument. 

3 (c) USE OF EASEMENTS.—Nothing in this Act shall 

4 affect currently used easements located within the national 

5 monument, including the use of Trans Mountain Highway, 

6 the National Border Patrol Museum, El Paso Museum of 

7 Archaeology, a letter of intent by the Texas Parks and 

8 Wildlife Department to build a visitors site for the Frank9 lin Mountains State Park. 

10 SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA11 TIONAL MONUMENT. 

12 (a) BASIS OF MANAGEMENT.— 

13 (1) APPLICABLE LAWS.—The Secretary shall 

14 manage the National Monument in a manner that 

15 conserves, protects, and enhances the natural re16 sources and values of the National Monument, in ac17 cordance with— 

18 (A) this Act; 

19 (B) the Federal Land Policy and Manage20 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

21 (C) the Act of June 17, 1902 (commonly 

22 known as the Reclamation Act of 1902; 32 

23 Stat. 388), and Acts amendatory thereof and 

24 supplemental thereto. 


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

2 conflict between a provision of this Act and a provi3 sion of one of the other laws specified in paragraph 

4 (1), the more restrictive provision shall control. 

5 (b) TRIBAL CULTURAL USES.—Nothing in this Act 

6 shall be construed to enlarge or diminish the rights of any 

7 Indian tribe. 

8 (c) MANAGEMENT PLAN.— 

9 (1) IN GENERAL.—The Secretary shall develop 

10 a comprehensive plan for the protection and man11 agement of the National Monument that fulfills the 

12 purposes specified in section 3(b). In implementing 

13 the management plan and in considering any rec14 ommendations from the advisory council, the Sec15 retary shall consult with the advisory council on a 

16 regular basis. 

17 (2) PURPOSES.—The management plan shall— 

18 (A) describe the appropriate uses and 

19 management of the National Monument; 

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

21 management actions and prioritize management 

22 actions based on projected availability of re23 sources; 

24 (C) include a habitat restoration opportu25 nities component; 


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1 (D) include a recreational opportunity en2 hancement component; and 

3 (E) include a component that addresses 

4 the Secretary of Army’s remediation of haz5 ardous substances or munitions and explosives 

6 of concern within the National Monument. 

7 (3) PUBLIC PARTICIPATION AND SPECIAL CON8 SIDERATIONS.—In developing the management plan, 

9 and to the extent consistent with this section, the 

10 Secretary— 

11 (A) shall solicit extensive public input; 

12 (B) shall take into consideration any infor13 mation developed in studies of the land within 

14 the National Monument; 

15 (C) shall assess available climate change 

16 information pertinent to the National Monu17 ment; 

18 (D) shall include standards and practices 

19 to ensure the preservation of wildlife corridors 

20 and facilitate species migration; and 

21 (E) may incorporate any provision from a 

22 resource management plan, land and resource 

23 management plan, or any other plan applicable 

24 to the National Monument. 


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1 (d) COOPERATIVE AGREEMENTS.—In carrying out 

2 this Act, the Secretary may make grants to, or enter into 

3 cooperative agreements with, State, tribal, and local gov4 ernmental entities and private entities to conduct re5 search, develop scientific analyses, and carry out any other 

6 initiative relating to the restoration or conservation of the 

7 National Monument. 

8 (e) MOTORIZED AND MECHANIZED VEHICLES.—Ex9 cept where needed for administrative purposes or to re10 spond to an emergency, the use of motorized and mecha11 nized vehicles on lands within the National Monument 

12 shall be permitted only on roads and trails designated for 

13 their use. 

14 (f) ACQUISITION AND INCORPORATION OF LANDS

15 AND INTERESTS.— 

16 (1) AUTHORITY.—The Secretary may acquire 

17 non-Federal land within the exterior boundaries of 

18 the National Monument only through exchange, do19 nation, or purchase from a willing seller. 

20 (2) MANAGEMENT.—Any land or interest in 

21 land that is located within the National Monument 

22 that is acquired by the United States shall— 

23 (A) become part of the National Monu24 ment; and 


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1 (B) be managed in accordance with this 

2 Act. 

3 (g) WITHDRAWAL.—Subject to valid existing rights, 

4 all Federal land within the National Monument is with5 drawn from— 

6 (1) entry, appropriation, or disposal under the 

7 public land laws; 

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

9 laws; and 

10 (3) leasing or disposition under all laws relating 

11 to operation of the mineral leasing, mineral mate12 rials, and geothermal leasing laws. 

13 (h) LIMITED CONVEYANCE AUTHORITY.—The Sec14 retary may authorize the conveyance of Federal land with15 in the National Monument if— 

16 (1) the purpose for which the land is to be con17 veyed is consistent with the purposes specified in 

18 section 3(b); 

19 (2) the conveyance would benefit the National 

20 Monument and is in the public interest, as deter21 mined by the Secretary; and 

22 (3) the conveyance is made in accordance with 

23 applicable laws (including regulations). 

24 (i) WILDLAND FIRE OPERATIONS.—Nothing in this 

25 section prohibits the Secretary, in cooperation with other 


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1 Federal, State, and local agencies, as appropriate, from 

2 conducting wildland fire operations in the National Monu3 ment consistent with the purposes specified in section 

4 3(b). 

5 SEC. 6. WATER. 

6 Nothing in this Act— 

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

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

9 water right, or interest in water; 

10 (2) affects any vested absolute or decreed condi11 tional water right in existence on the date of enact12 ment of this Act, including any water right held by 

13 the United States; 

14 (3) affects any interstate water compact in ex15 istence on the date of the enactment of this Act; 

16 (4) authorizes or imposes any new reserved 

17 Federal water rights; or 

18 (5) relinquishes or reduces any water rights re19 served or appropriated by the United States in the 

20 State on or before the date of the enactment of this 

21 Act. 

22 SEC. 7. BORDER SECURITY. 

23 (a) IN GENERAL.—Nothing in this Act— 

24 (1) prevents the Secretary of Homeland Secu25 rity from conducting— 


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1 (A) undertaking law enforcement and bor2 der security activities, in accordance with sec3 tion 4(c) of the Wilderness Act (16 U.S.C. 

4 1133(c)), including the ability to use motorized 

5 access within an area while in pursuit of a sus6 pect; or 

7 (B) any low-level flights over the area that 

8 may be necessary for law enforcement and bor9 der security purposes; or 

10 (2) affects the 2006 Memorandum of Under11 standing among the Department of Homeland Secu12 rity, the Department of the Interior, and the De13 partment of Agriculture regarding cooperative na14 tional security and counterterrorism efforts on Fed15 eral lands along the borders of the United States. 

16 (b) WITHDRAWAL AND ADMINISTRATION OF CER17 TAIN AREA.—Nothing in this section precludes the Sec18 retary from allowing within the area described in sub19 section (a)(1)(A) the installation and maintenance of com20 munication or surveillance infrastructure necessary for law 

21 enforcement or border security activities. 

22 SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AU23 THORITY. 

24 (a) RESPONSIBILITY.—Nothing in this Act shall af25 fect— 


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1 (1) the responsibility of the Department of the 

2 Army under applicable environmental laws, including 

3 the remediation of hazardous substances or muni4 tions and explosives of concern within the National 

5 Monument boundaries; 

6 (2) the statutory authority of the Department 

7 of the Army to control public access or statutory re8 sponsibility to make other measures for environ9 mental remediation, monitoring, security, safety, or 

10 emergency preparedness purposes; 

11 (3) the activities of the Department of the 

12 Army on lands not included within the National 

13 Monument; or 

14 (4) the responsibility of the Department of the 

15 Army, in consultation with the Secretary of the Inte16 rior (acting through the Bureau of Land Manage17 ment), to continue to manage the lands and inter18 ests in lands under the Secretary’s jurisdiction with19 in the National Monument boundaries until the 

20 Army transfers administrative jurisdiction of those 

21 lands and interests in lands to the Bureau of Land 

22 Management. 

23 (b) AUTHORITY.—The Secretary of the Army and the 

24 Secretary of the Interior may enter into a memorandum 

25 of understanding whereby the Secretary of the Army— 


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1 (1) may relinquish administrative jurisdiction 

2 over the Castner Range, Fort Bliss, Texas, to the 

3 Secretary of the Interior; and 

4 (2) may not relinquish or diminish the responsi5 bility of the Secretary of the Army of responsibilities 

6 referred to in subsection (a). 

7 SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY 

8 COUNCIL. 

9 (a) ESTABLISHMENT.—Not less than 180 days after 

10 the date of enactment of this Act, the Secretary shall es11 tablish an advisory council, to be known as the ‘‘Castner 

12 Range National Monument Advisory Council’’. 

13 (b) DUTIES.—The advisory council shall advise the 

14 Secretary with respect to the preparation and implementa15 tion of the management plan for the National Monument. 

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

17 subject to— 

18 (1) the Federal Advisory Committee Act (5 

19 U.S.C. App.); 

20 (2) the Federal Land Policy and Management 

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

22 (3) all other applicable law. 

23 (d) MEMBERS.—The advisory council shall include 11 

24 members, to be appointed by the Secretary, of whom, to 

25 the extent practicable— 


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1 (1) one member shall be appointed after consid2 ering the recommendations of the El Paso County 

3 Commissioners Court; 

4 (2) one member shall be appointed after consid5 ering the recommendations of the head of the Texas 

6 Parks and Wildlife Department; 

7 (3) one member shall be appointed to represent 

8 Native American Tribes; 

9 (4) one member shall be appointed to represent 

10 Fort Bliss; and 

11 (5) seven members shall reside in, or within 

12 reasonable proximity to, the county specified in 

13 paragraphs (1) through (4) with backgrounds that 

14 reflect— 

15 (A) the purposes specified in section 3(b); 

16 and 

17 (B) the interest of persons affected by the 

18 planning and management of the National 

19 Monument, including persons representing the 

20 agricultural, private land-ownership, environ21 mental, recreational, tourism, or other non-Fed22 eral land interests. 

23 (e) REPRESENTATION.—The Secretary shall ensure 

24 that the membership of the advisory council is fairly balVerDate Sep 11 2014 23:45 Dec 21, 2015 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4268.IH H4268

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1 anced in terms of the points of view represented and the 

2 functions to be performed by the advisory council. 

3 (f) TERMS.— 

4 (1) STAGGERED TERMS.—Members of the advi5 sory council shall be appointed for terms of 3 years, 

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

7 members shall be appointed for a term of one year 

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

9 of 2 years. 

10 (2) REAPPOINTMENT.—A member may be re11 appointed to serve on the advisory council upon the 

12 expiration of the member’s current term. 

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

14 council shall be filled in the same manner as the 

15 original appointment. 

16 (g) QUORUM.—A quorum shall be 7 members of the 

17 advisory council. The operations of the advisory council 

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

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

20 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

21 council shall elect a chairperson and establish such rules 

22 and procedures as it deems necessary or desirable. 

23 (i) SERVICE WITHOUT COMPENSATION.—Members of 

24 the advisory council shall serve without pay. 


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1 (j) TERMINATION.—The advisory committee shall 

2 cease to exist— 

3 (1) on the date that is 5 years after the date 

4 on which the management plan is officially adopted 

5 by the Secretary; or 

6 (2) on such later date as the Secretary con7 siders appropriate. 

8 SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT 

9 BLISS, TEXAS. 

10 Section 2844 of the National Defense Authorization 

11 Act for Fiscal Year 2013 is repealed. 

Æ 


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