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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4216 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4216

  To establish the Ocmulgee Mounds National Park and Preserve in the 
               State of Georgia, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2024

Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To establish the Ocmulgee Mounds National Park and Preserve in the 
               State of Georgia, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ocmulgee Mounds National Park and 
Preserve Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Ocmulgee Mounds National Park and Preserve Advisory Council 
        established under section 5(a).
            (2) Map.--The term ``Map'' means the map entitled 
        ``Ocmulgee Mounds National Park and Preserve Proposed 
        Boundary'', numbered 363/193026, and dated April 2024.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Georgia.
            (5) Tribe.--The term ``Tribe'' means the Muscogee (Creek) 
        Nation.

SEC. 3. REDESIGNATION OF OCMULGEE MOUNDS NATIONAL PARK AND 
              ESTABLISHMENT OF OCMULGEE MOUNDS NATIONAL PRESERVE.

    (a) Redesignation of Ocmulgee Mounds National Park; Land 
Acquisition.--
            (1) In general.--The Ocmulgee Mounds National Historical 
        Park designated by section 2102(b)(1)(A) of the John D. 
        Dingell, Jr. Conservation, Management, and Recreation Act (16 
        U.S.C. 410yyy-3(b)(1)(A)) shall be known and designated as the 
        ``Ocmulgee Mounds National Park''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        ``Ocmulgee Mounds National Historical Park'' shall be 
        considered to be a reference to the ``Ocmulgee Mounds National 
        Park''.
            (3) Land acquisition for ocmulgee mounds national park.--
                    (A) In general.--The Secretary may acquire land or 
                any interest in land within the area depicted as 
                ``National Park Area'' on the Map for inclusion in the 
                Ocmulgee Mounds National Park by purchase from a 
                willing seller, donation, or exchange.
                    (B) Administration.--Any land or interest in land 
                acquired under subparagraph (A) shall be--
                            (i) incorporated into the Ocmulgee Mounds 
                        National Park; and
                            (ii) administered by the Secretary in 
                        accordance with section 4.
                    (C) Prohibition on use of eminent domain.--Nothing 
                in this paragraph authorizes the use of eminent domain 
                to acquire land or an interest in land.
                    (D) Boundaries.--The boundaries of the Ocmulgee 
                Mounds National Park shall reflect the land and 
                interests in land acquired for the Ocmulgee Mounds 
                National Park under subparagraph (A).
    (b) Establishment of Ocmulgee Mounds National Preserve.--
            (1) In general.--Effective on the date on which the 
        Secretary publishes in the Federal Register a notice that the 
        Secretary has determined that sufficient land within the area 
        depicted as ``National Preserve Area'' on the Map has been 
        acquired under paragraph (2) to constitute a manageable unit, 
        there is established the Ocmulgee Mounds National Preserve in 
        the State as a unit of the National Park System.
            (2) Land acquisition for ocmulgee mounds national 
        preserve.--
                    (A) In general.--The Secretary may acquire land or 
                any interest in land within the area depicted as 
                ``National Preserve Area'' on the Map for inclusion in 
                the Ocmulgee Mounds National Preserve by purchase from 
                a willing seller, donation, or exchange.
                    (B) Administration.--Any land or interest in land 
                acquired under subparagraph (A) shall be--
                            (i) incorporated into the Ocmulgee Mounds 
                        National Preserve; and
                            (ii) administered by the Secretary in 
                        accordance with section 4.
                    (C) Prohibition on use of eminent domain.--Nothing 
                in this paragraph authorizes the use of eminent domain 
                to acquire land or an interest in land.
            (3) Boundaries.--The boundaries of the Ocmulgee Mounds 
        National Preserve shall reflect the land and interests in land 
        acquired for the Ocmulgee Mounds National Preserve under 
        paragraph (2)(A).
    (c) Maps and Legal Descriptions.--
            (1) In general.--The Secretary shall file with the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of 
        Representatives--
                    (A) as soon as practicable after the date of 
                enactment of this Act, a map and legal description of 
                the Ocmulgee Mounds National Park; and
                    (B) as soon as practicable after the date of 
                establishment of the Ocmulgee Mounds National Preserve, 
                a map and legal description of the Ocmulgee Mounds 
                National Preserve.
            (2) Corrections.--The maps and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may make 
        technical corrections to the maps and legal descriptions.
            (3) Availability.--The maps and legal descriptions filed 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the National Park 
        Service.

SEC. 4. ADMINISTRATION OF OCMULGEE MOUNDS NATIONAL PARK AND PRESERVE.

    (a) In General.--The Ocmulgee Mounds National Park and the Ocmulgee 
Mounds National Preserve shall--
            (1) be administered as a single unit of the National Park 
        System in accordance with--
                    (A) this section;
                    (B) the laws generally applicable to units of the 
                National Park System, including--
                            (i) section 100101(a), chapter 1003, and 
                        sections 100751(a), 100752, 100753, and 102101 
                        of title 54, United States Code; and
                            (ii) chapter 3201 of title 54, United 
                        States Code; and
                    (C) any co-management agreement entered into under 
                subsection (b); and
            (2) collectively be known and designated as the ``Ocmulgee 
        Mounds National Park and Preserve''.
    (b) Co-Management Agreement.--Not later than 1 year after the date 
of receipt of the recommendations of the Advisory Council under section 
5(b)(2), the Secretary shall enter into an agreement with the Tribe to 
provide for the co-management of the Ocmulgee Mounds National Park and 
Preserve by the Secretary and the Tribe.
    (c) Hunting and Fishing.--
            (1) Hunting.--The Secretary shall allow hunting on lands 
        under the jurisdiction of the Secretary within the boundaries 
        of the Ocmulgee Mounds National Preserve in accordance with 
        applicable Federal and State laws.
            (2) Fishing.--The Secretary shall allow fishing on waters 
        under the jurisdiction of the Secretary within the boundaries 
        of the Ocmulgee Mounds National Park and Preserve in accordance 
        with applicable Federal and State laws.
            (3) Limitation.--The Secretary may designate zones in 
        which, and establish periods during which, no hunting, fishing, 
        or both, shall be allowed for reasons of public safety, 
        administration, fish or wildlife management, or emergencies.
            (4) Consultation.--The Secretary shall ensure any 
        regulations prescribing such restrictions under this subsection 
        shall be put into effect only after consultation with the 
        State.
            (5) Private land.--Nothing in this subsection prohibits 
        hunting, fishing, or trapping on private land in accordance 
        with applicable State and Federal laws.
            (6) Congressional intent.--Nothing in this Act is intended 
        to affect the jurisdiction or responsibilities of the State 
        with respect to fish and wildlife.
    (d) Hiring Preference.--The Secretary shall establish policies to 
provide a preference for hiring members of the Tribe for positions at 
the Ocmulgee Mounds National Park and Preserve, consistent with the 
Indian preference policy established by the Secretary of the Interior 
under section 12 of the Act of June 18, 1934 (commonly known as the 
``Indian Reorganization Act'') (48 Stat. 986, chapter 576; 25 U.S.C. 
5116).
    (e) Effect on Administration of Bond Swamp National Wildlife 
Refuge.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this Act affects the continued administration of the 
        Bond Swamp National Wildlife Refuge by the Director of the 
        United States Fish and Wildlife Service as a unit of the 
        National Wildlife Refuge System.
            (2) Cultural interpretation activities.--The Director of 
        the National Park Service shall consult with the Tribe to 
        provide cultural programs and related activities with respect 
        to the Bond Swamp National Wildlife Refuge with the consent of 
        the Director of the United States Fish and Wildlife Service.
    (f) Tribal Uses.--Subject to any terms and conditions that the 
Secretary determines to be necessary and in accordance with applicable 
law, the Secretary shall allow for the continued use of the Ocmulgee 
Mounds National Park and Preserve by members of the Tribe for--
            (1) traditional ceremonies; and
            (2) hunting, fishing, and trapping.
    (g) Military Activities.--Nothing in this Act precludes--
            (1) low-level overflights of military aircraft over the 
        Ocmulgee Mounds National Park and Preserve;
            (2) the designation of new units of special use airspace 
        over the Ocmulgee Mounds National Park and Preserve;
            (3) the use or establishment of military flight training 
        routes over the Ocmulgee Mounds National Park and Preserve;
            (4) access to electronic tracking and communications sites 
        associated with special use airspace or military flight 
        training routes over the Ocmulgee Mounds National Park and 
        Preserve;
            (5) ground access to respond to emergency or accident 
        locations relating to special use airspace or military flight 
        training routes over the Ocmulgee Mounds National Park and 
        Preserve;
            (6) continued use of the Ocmulgee Mounds National Park and 
        Preserve by tactical ground parties or the maintenance of 
        existing associated ground instrumentation, in accordance with 
        any applicable interagency agreements in effect on the date of 
        enactment of this Act; or
            (7) the Secretary of Defense from entering into new or 
        renewed agreements with the Secretary relating to the use by 
        military aircraft of airspace over the Ocmulgee Mounds National 
        Park and Preserve or the maintenance of associated ground 
        instrumentation or tactical ground parties--
                    (A) that will not interfere with the management of 
                the Ocmulgee Mounds National Park and Preserve for the 
                purposes for which the Ocmulgee Mounds National Park 
                and Preserve was established; and
                    (B) in accordance with applicable laws.

SEC. 5. ADVISORY COUNCIL.

    (a) Establishment.--The Secretary shall establish an advisory 
council, to be known as the ``Ocmulgee Mounds National Park and 
Preserve Advisory Council''.
    (b) Duties.--The Advisory Council shall--
            (1) advise the Secretary with respect to the preparation 
        and implementation of a management plan for the Ocmulgee Mounds 
        National Park and Preserve; and
            (2) not later than 3 years after the date of enactment of 
        this Act, submit to the Secretary recommendations relating to 
        the management of the Ocmulgee Mounds National Park and 
        Preserve, including the role of the Tribe with respect to the 
        delegation of any aspects of Federal decisionmaking, including 
        land management, species management, and the interpretation of 
        cultural resources and resources of the Tribe at the Ocmulgee 
        Mounds National Park and Preserve.
    (c) Members.--The Advisory Council shall consist of 9 members, to 
be appointed by the Secretary, as follows:
            (1) 1 member, who shall be the superintendent of the 
        Ocmulgee Mounds National Park and Preserve.
            (2) 1 member, who shall be the Secretary of Culture and 
        Humanities of the Tribe.
            (3) 1 member, who shall be the Secretary of Interior 
        Affairs of the Tribe.
            (4) 1 member, who shall be the Principal Chief of the 
        Tribe.
            (5) 1 member, who shall be a representative of the 
        applicable National Park Service regional office for the State.
            (6) 1 member, who shall be a representative of the 
        applicable United States Fish and Wildlife Service regional 
        office for the State.
            (7) 1 member, who shall be the United States Fish and 
        Wildlife Service project leader of the Bond Swamp National 
        Wildlife Refuge.
            (8) 1 member, who shall be a representative of the State 
        Department of Natural Resources.
            (9) 1 member, who shall be a representative of the Middle 
        Georgia Regional Commission.
    (d) Applicable Law.--The Advisory Council shall be subject to 
chapter 10 of title 5, United States Code (commonly referred to as the 
``Federal Advisory Committee Act'') and other applicable laws.
    (e) Vacancy.--A vacancy on the Advisory Council shall be filled in 
the same manner as the original appointment.
    (f) Quorum.--A majority of the members of the Advisory Council 
(including not fewer than 1 member who is a designated representative 
of the Tribe) shall constitute a quorum.
    (g) Chairperson.--The Advisory Council shall--
            (1) elect a chairperson of the Advisory Council from among 
        the members of the Advisory Council; and
            (2) establish any rules and procedures for the Advisory 
        Council that the Advisory Council determines to be appropriate.
    (h) No Compensation.--Members of the Advisory Council shall serve 
without compensation.
    (i) Termination.--The Advisory Council shall terminate on the date 
on which the Advisory Council completes the management plan for the 
Ocmulgee Mounds National Park and Preserve.

SEC. 6. LAND TO BE HELD IN TRUST.

    All right, title, and interest of the United States in and to the 
approximately 126 acres of land in the Ocmulgee Mounds National Park 
and Preserve owned in fee by the Tribe are hereby taken into trust for 
the benefit of the Tribe. Such land--
            (1) is part of Indian country (as defined in section 1151 
        of title 18, United States Code) of the Tribe; and
            (2) shall be administered in accordance with the laws and 
        regulations generally applicable to property held in trust by 
        the United States for the benefit of an Indian Tribe.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
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