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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4828 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4828

To establish the Bahsahwahbee National Monument in the State of Nevada, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2024

 Ms. Cortez Masto introduced the following bill; which was read twice 
     and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To establish the Bahsahwahbee National Monument in the State of Nevada, 
                        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 ``Bahsahwahbee National Monument 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the term ``Newe''--
                    (A) is used by the Western Shoshone people to refer 
                to themselves; and
                    (B) refers to the members of--
                            (i) the Confederated Tribes of the Goshute 
                        Reservation;
                            (ii) the Duckwater Shoshone Tribe; and
                            (iii) the Ely Shoshone Tribe;
            (2) in the Newe language, the term ``Bahsahwahbee'' means 
        Sacred Water Valley;
            (3) certain Federal public land in Spring Valley, White 
        Pine County, Nevada, known as ``Bahsahwahbee''--
                    (A) is a nationally significant cultural and 
                natural landscape;
                    (B) has been a significant religious gathering area 
                for indigenous people in the Great Basin since time 
                immemorial;
                    (C) was the site of three 19th century massacres of 
                the Newe people that had gathered in the area for 
                religious ceremonies, including 1 of the largest 
                recorded massacres of Native Americans in United States 
                history, which resulted in the death of approximately 
                525 to 700 men, women, and children;
                    (D) continues to have historical, cultural, 
                traditional, and spiritual significance for the Newe 
                people and other federally recognized Indian Tribes 
                with a historical connection to the area;
                    (E) contains archaeological and cultural resources 
                that provide a historical record of significance, 
                including evidence of--
                            (i) Newe--
                                    (I) cultural history;
                                    (II) trade systems and regional 
                                contacts;
                                    (III) population and economic 
                                change; and
                                    (IV) residence since time 
                                immemorial; and
                            (ii) Euro-American exploration and 
                        settlement of the western United States, 
                        including--
                                    (I) the Pony Express Route;
                                    (II) Simpson's Route; and
                                    (III) Cleveland Ranch;
                    (F) contains remarkable scenic values providing 
                sweeping views of some of the highest mountains in the 
                State of Nevada, including--
                            (i) Mount Wheeler at 13,060 feet;
                            (ii) Doso Doyabi at 12,775 feet; and
                            (iii) North Schell Peak at 11,880 feet;
                    (G) contains intact ecosystems and unique species, 
                including the largest of 3 known occurrences of a 
                valley bottom ecotype of Rocky Mountain juniper, 
                locally known as the swamp cedar trees, an exceedingly 
                rare plant community, particularly in the high desert 
                environment of northeastern Nevada that relies on 
                shallow groundwater to survive; and
                    (H) due to the remote nature of the area, preserves 
                the opportunity to enjoy natural quiet, dark night 
                skies, and solitude;
            (4) the Newe and other federally recognized Indian Tribes 
        with historic ties to the area known as ``Bahsahwahbee''--
                    (A) possess distinct and irreplaceable traditional 
                cultural knowledge of the nationally unique area, 
                including the groundwater-dependent springs and swamp 
                cedar trees on the Federal land that are vital for Newe 
                ceremonies;
                    (B) possess traditional ecological and historical 
                knowledge that is critical for informing Federal land 
                management decisions affecting the area;
                    (C) continue to use the area--
                            (i) to hold religious and ceremonial 
                        gatherings;
                            (ii) to pass down traditional knowledge; 
                        and
                            (iii) to honor and mourn their ancestors 
                        who were murdered and mutilated during serial 
                        massacres; and
                    (D) consider the grove of swamp cedar trees to be 
                sacred and embody the spirits of the Indigenous Newe 
                people who were killed during the 19th century 
                massacres; and
            (5) establishing the Federal public land within the 
        Bahsahwahbee landscape as a national monument would permanently 
        protect the natural and cultural resources of the area for the 
        benefit and enjoyment of present and future generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``advisory committee'' 
        means the advisory committee established under section 5(c)(1).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the National Monument developed under 
        section 5(b).
            (4) Map.--The term ``map'' means the map entitled 
        ``Proposed Bahsahwahbee National Monument'' and dated June 18, 
        2024.
            (5) National monument.--The term ``National Monument'' 
        means the Bahsahwahbee National Monument established by section 
        4(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Nevada.

SEC. 4. ESTABLISHMENT OF BAHSAHWAHBEE NATIONAL MONUMENT, NEVADA.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Bahsahwahbee National Monument in the State.
    (b) Purpose.--The purpose of the National Monument is to conserve, 
protect, interpret, and enhance for the benefit and enjoyment of 
present and future generations the cultural, historical, natural, 
ecological, educational, and scientific resources of the National 
Monument.
    (c) Area Included.--The National Monument shall consist of 
approximately 25,000 acres of Federal land in White Pine County, 
Nevada, generally depicted as ``Proposed Bahsahwahbee National 
Monument'' on the map.

SEC. 5. MANAGEMENT OF THE NATIONAL MONUMENT.

    (a) In General.--The Secretary shall manage the National Monument 
in a manner that conserves, protects, and enhances the resources of the 
National Monument.
    (b) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall develop a 
        comprehensive plan for the protection and management of the 
        National Monument, consistent with this Act.
            (2) Consultation; traditional knowledge.--In developing the 
        management plan, the Secretary shall--
                    (A) consult with--
                            (i) the advisory committee;
                            (ii) appropriate entities of the Federal 
                        Government and State, Tribal, and local 
                        governments;
                            (iii) grazing permittees within the 
                        boundary of the National Monument; and
                            (iv) members of the public in the vicinity 
                        of the National Monument;
                    (B) incorporate the traditional ecological 
                knowledge of members of Indian Tribes; and
                    (C) provide for the commemoration of the Tribal 
                history and culture of the Newe people.
    (c) Advisory Committee.--
            (1) Establishment.--The Secretary shall establish and 
        maintain an advisory committee under chapter 10 of title 5, 
        United States Code (commonly referred to as the ``Federal 
        Advisory Committee Act''), to provide information and advice to 
        the Secretary with respect to--
                    (A) the development of the management plan; and
                    (B) the management of the National Monument.
            (2) Membership.--In appointing members to the advisory 
        committee, the Secretary shall ensure that--
                    (A) there is a fair and balanced representation of 
                interested stakeholders;
                    (B) a majority of members are members of Indian 
                Tribes with a historical connection to the land within 
                the National Monument, including members from each of 
                the Duckwater Shoshone Tribe, the Confederated Tribes 
                of the Goshute, and the Ely Shoshone Tribe; and
                    (C) the remaining members represent local 
                governmental entities, grazing permittees within the 
                National Monument, owners of private land, recreational 
                users, conservation organizations, wildlife or hunting 
                organizations, the scientific community, business 
                owners, and local citizens.
    (d) Native American Access and Use.--
            (1) Access.--To the extent practicable, the Secretary shall 
        ensure access to the National Monument by members of an Indian 
        Tribe for traditional cultural purposes.
            (2) Temporary closure.--
                    (A) In general.--The Secretary, on the request of 
                an Indian Tribe, may temporarily close to the general 
                public use of 1 or more specific portions of the 
                National Monument in order to protect the privacy of 
                traditional cultural activities in the temporarily 
                closed portion by members of the Indian Tribe.
                    (B) Limitation.--Any closure under subparagraph (A) 
                shall be made so as to affect the smallest area 
                practicable for the minimum period necessary.
            (3) Applicable law.--Access and use by members of an Indian 
        Tribe under this subsection shall be consistent with the 
        purpose and intent of Public Law 95-341 (commonly known as the 
        ``American Indian Religious Freedom Act'') (42 U.S.C. 1996 et 
        seq.) and other applicable law.
    (e) Grazing.--The Secretary shall permit the grazing of livestock 
(including the maintenance and replacement of fencing and related 
grazing infrastructure) in the National Monument, as established as of 
the date of enactment of this Act, to continue, subject to such 
reasonable regulations, policies, and practices as the Secretary 
determines to be necessary.
    (f) Motorized Vehicles.--
            (1) In general.--Except as provided in paragraph (2), the 
        use of motorized vehicles on land within the National Monument 
        shall be permitted only on roads and trails designated for the 
        use of motorized vehicles by the management plan.
            (2) Exceptions.--Notwithstanding paragraph (1), the use of 
        motorized vehicles within the National Monument is allowed, if 
        the use is necessary--
                    (A) for administrative purposes;
                    (B) to respond to an emergency; or
                    (C) to allow for continued access to private 
                inholdings and other authorized uses within the 
                National Monument.
    (g) Acquisition and Incorporation of Land and Interests in Land.--
            (1) Authority.--The Secretary may acquire non-Federal land 
        (including interests in non-Federal land) within the boundary 
        of the National Monument by--
                    (A) exchange, if the exchange furthers the purposes 
                of the National Monument, as determined by the 
                Secretary;
                    (B) donation; or
                    (C) purchase from a willing seller with donated or 
                appropriated funds.
            (2) Management.--Any non-Federal land or interest in non-
        Federal land that is acquired by the United States under 
        paragraph (1) shall--
                    (A) become part of the National Monument;
                    (B) be withdrawn in accordance with subsection (h); 
                and
                    (C) be managed in accordance with this Act.
    (h) Withdrawal.--Subject to valid existing rights, the Federal land 
and interests in Federal land within the National Monument are 
withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing and geothermal leasing 
        laws.
    (i) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        National Monument, including military overflights that can be 
        seen, heard, or detected within the National Monument;
            (2) flight testing and evaluation over the National 
        Monument;
            (3) the designation or creation of new units of special use 
        airspace over the National Monument; or
            (4) the establishment of military flight training routes 
        over the National Monument.
    (j) Water Rights.--Nothing in this Act affects--
            (1) any water rights in the State existing on the date of 
        enactment of this Act, including any water rights held by the 
        United States; or
            (2) the use or allocation of any water right.
    (k) Fish and Wildlife.--Nothing in this Act affects or diminishes 
the jurisdiction of the State with respect to fish and wildlife 
management within the National Monument.
    (l) No Effect on Rights of Indian Tribes.--Nothing in this Act 
affects the treaty rights or jurisdiction of any Indian Tribe.
    (m) Effect on Designated Corridors.--Nothing in this Act--
            (1) affects the designated transmission right-of-way or 
        corridor for Nevada State Highway 50;
            (2) affects the existence, use, operation, access, 
        maintenance, upgrade, repair, construction, reconfiguration, 
        expansion, inspection, renewal, reconstruction, alteration, 
        addition, relocation improvement funding, removal, or 
        replacement of any water facility or utility facility within an 
        existing right-of-way or designated transportation or utility 
        corridor issued before the date of enactment of this Act within 
        the National Monument; or
            (3) prohibits access to, or the repair or replacement of, a 
        transmission or fiber optic line within a right-of-way within 
        the boundary of the National Monument issued before the date of 
        enactment of this Act.
    (n) No Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the National Monument.
            (2) Activities outside national monument.--The fact that an 
        activity or use on land outside the National Monument can be 
        seen or heard within the National Monument shall not preclude 
        the activity or use outside the National Monument boundary.
    (o) Agreements and Partnerships.--To the maximum extent practicable 
and in accordance with applicable laws, on request of 1 or more Indian 
Tribes referred to in subsection (c)(2)(B), the Secretary shall enter 
into agreements, contracts, and other cooperative and collaborative 
partnerships with the applicable Indian Tribes with respect to 
management of the National Monument under relevant Federal authority.
    (p) Interpretation and Education.--The Secretary, in coordination 
with the Indian Tribes referred to in subsection (c)(2)(B), shall 
provide for public interpretation of, and education on, the history and 
natural and cultural resources of the National Monument.
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