II 

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. 

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. 

4 This Act may be cited as the ‘‘Bahsahwahbee Na5 tional Monument Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) the term ‘‘Newe’’— 

9 (A) is used by the Western Shoshone peo10 ple to refer to themselves; and 


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1 (B) refers to the members of— 

2 (i) the Confederated Tribes of the 

3 Goshute Reservation; 

4 (ii) the Duckwater Shoshone Tribe; 

5 and 

6 (iii) the Ely Shoshone Tribe; 

7 (2) in the Newe language, the term 

8 ‘‘Bahsahwahbee’’ means Sacred Water Valley; 

9 (3) certain Federal public land in Spring Val10 ley, White Pine County, Nevada, known as 

11 ‘‘Bahsahwahbee’’— 

12 (A) is a nationally significant cultural and 

13 natural landscape; 

14 (B) has been a significant religious gath15 ering area for indigenous people in the Great 

16 Basin since time immemorial; 

17 (C) was the site of three 19th century 

18 massacres of the Newe people that had gath19 ered in the area for religious ceremonies, in20 cluding 1 of the largest recorded massacres of 

21 Native Americans in United States history, 

22 which resulted in the death of approximately 

23 525 to 700 men, women, and children; 

24 (D) continues to have historical, cultural, 

25 traditional, and spiritual significance for the 


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1 Newe people and other federally recognized In2 dian Tribes with a historical connection to the 

3 area; 

4 (E) contains archaeological and cultural 

5 resources that provide a historical record of sig6 nificance, including evidence of— 

7 (i) Newe— 

8 (I) cultural history; 

9 (II) trade systems and regional 

10 contacts; 

11 (III) population and economic 

12 change; and 

13 (IV) residence since time imme14 morial; and 

15 (ii) Euro-American exploration and 

16 settlement of the western United States, 

17 including— 

18 (I) the Pony Express Route; 

19 (II) Simpson’s Route; and 

20 (III) Cleveland Ranch; 

21 (F) contains remarkable scenic values pro22 viding sweeping views of some of the highest 

23 mountains in the State of Nevada, including— 

24 (i) Mount Wheeler at 13,060 feet; 

25 (ii) Doso Doyabi at 12,775 feet; and 


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1 (iii) North Schell Peak at 11,880 feet; 

2 (G) contains intact ecosystems and unique 

3 species, including the largest of 3 known occur4 rences of a valley bottom ecotype of Rocky 

5 Mountain juniper, locally known as the swamp 

6 cedar trees, an exceedingly rare plant commu7 nity, particularly in the high desert environment 

8 of northeastern Nevada that relies on shallow 

9 groundwater to survive; and 

10 (H) due to the remote nature of the area, 

11 preserves the opportunity to enjoy natural 

12 quiet, dark night skies, and solitude; 

13 (4) the Newe and other federally recognized In14 dian Tribes with historic ties to the area known as 

15 ‘‘Bahsahwahbee’’— 

16 (A) possess distinct and irreplaceable tra17 ditional cultural knowledge of the nationally 

18 unique area, including the groundwater-depend19 ent springs and swamp cedar trees on the Fed20 eral land that are vital for Newe ceremonies; 

21 (B) possess traditional ecological and his22 torical knowledge that is critical for informing 

23 Federal land management decisions affecting 

24 the area; 

25 (C) continue to use the area— 


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1 (i) to hold religious and ceremonial 

2 gatherings; 

3 (ii) to pass down traditional knowl4 edge; and 

5 (iii) to honor and mourn their ances6 tors who were murdered and mutilated 

7 during serial massacres; and 

8 (D) consider the grove of swamp cedar 

9 trees to be sacred and embody the spirits of the 

10 Indigenous Newe people who were killed during 

11 the 19th century massacres; and 

12 (5) establishing the Federal public land within 

13 the Bahsahwahbee landscape as a national monu14 ment would permanently protect the natural and cul15 tural resources of the area for the benefit and enjoy16 ment of present and future generations. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ADVISORY COMMITTEE.—The term ‘‘advi20 sory committee’’ means the advisory committee es21 tablished under section 5(c)(1). 

22 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

23 has the meaning given the term in section 4 of the 

24 Indian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304). 


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1 (3) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the Na3 tional Monument developed under section 5(b). 

4 (4) MAP.—The term ‘‘map’’ means the map en5 titled ‘‘Proposed Bahsahwahbee National Monu6 ment’’ and dated June 18, 2024. 

7 (5) NATIONAL MONUMENT.—The term ‘‘Na8 tional Monument’’ means the Bahsahwahbee Na9 tional Monument established by section 4(a). 

10 (6) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (7) STATE.—The term ‘‘State’’ means the State 

13 of Nevada. 

14 SEC. 4. ESTABLISHMENT OF BAHSAHWAHBEE NATIONAL 

15 MONUMENT, NEVADA. 

16 (a) ESTABLISHMENT.—Subject to valid existing 

17 rights, there is established the Bahsahwahbee National 

18 Monument in the State. 

19 (b) PURPOSE.—The purpose of the National Monu20 ment is to conserve, protect, interpret, and enhance for 

21 the benefit and enjoyment of present and future genera22 tions the cultural, historical, natural, ecological, edu23 cational, and scientific resources of the National Monu24 ment. 


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1 (c) AREA INCLUDED.—The National Monument shall 

2 consist of approximately 25,000 acres of Federal land in 

3 White Pine County, Nevada, generally depicted as ‘‘Pro4 posed Bahsahwahbee National Monument’’ on the map. 

5 SEC. 5. MANAGEMENT OF THE NATIONAL MONUMENT. 

6 (a) IN GENERAL.—The Secretary shall manage the 

7 National Monument in a manner that conserves, protects, 

8 and enhances the resources of the National Monument. 

9 (b) MANAGEMENT PLAN.— 

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

11 the date of enactment of this Act, the Secretary 

12 shall develop a comprehensive plan for the protection 

13 and management of the National Monument, con14 sistent with this Act. 

15 (2) CONSULTATION; TRADITIONAL KNOWL16 EDGE.—In developing the management plan, the 

17 Secretary shall— 

18 (A) consult with— 

19 (i) the advisory committee; 

20 (ii) appropriate entities of the Federal 

21 Government and State, Tribal, and local 

22 governments; 

23 (iii) grazing permittees within the 

24 boundary of the National Monument; and 


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1 (iv) members of the public in the vi2 cinity of the National Monument; 

3 (B) incorporate the traditional ecological 

4 knowledge of members of Indian Tribes; and 

5 (C) provide for the commemoration of the 

6 Tribal history and culture of the Newe people. 

7 (c) ADVISORY COMMITTEE.— 

8 (1) ESTABLISHMENT.—The Secretary shall es9 tablish and maintain an advisory committee under 

10 chapter 10 of title 5, United States Code (commonly 

11 referred to as the ‘‘Federal Advisory Committee 

12 Act’’), to provide information and advice to the Sec13 retary with respect to— 

14 (A) the development of the management 

15 plan; and 

16 (B) the management of the National 

17 Monument. 

18 (2) MEMBERSHIP.—In appointing members to 

19 the advisory committee, the Secretary shall ensure 

20 that— 

21 (A) there is a fair and balanced represen22 tation of interested stakeholders; 

23 (B) a majority of members are members of 

24 Indian Tribes with a historical connection to 

25 the land within the National Monument, includVerDate Sep 11 2014 21:31 Aug 23, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4828.IS S4828

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1 ing members from each of the Duckwater Sho2 shone Tribe, the Confederated Tribes of the 

3 Goshute, and the Ely Shoshone Tribe; and 

4 (C) the remaining members represent local 

5 governmental entities, grazing permittees within 

6 the National Monument, owners of private land, 

7 recreational users, conservation organizations, 

8 wildlife or hunting organizations, the scientific 

9 community, business owners, and local citizens. 

10 (d) NATIVE AMERICAN ACCESS AND USE.— 

11 (1) ACCESS.—To the extent practicable, the 

12 Secretary shall ensure access to the National Monu13 ment by members of an Indian Tribe for traditional 

14 cultural purposes. 

15 (2) TEMPORARY CLOSURE.— 

16 (A) IN GENERAL.—The Secretary, on the 

17 request of an Indian Tribe, may temporarily 

18 close to the general public use of 1 or more spe19 cific portions of the National Monument in 

20 order to protect the privacy of traditional cul21 tural activities in the temporarily closed portion 

22 by members of the Indian Tribe. 

23 (B) LIMITATION.—Any closure under sub24 paragraph (A) shall be made so as to affect the 


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1 smallest area practicable for the minimum pe2 riod necessary. 

3 (3) APPLICABLE LAW.—Access and use by 

4 members of an Indian Tribe under this subsection 

5 shall be consistent with the purpose and intent of 

6 Public Law 95–341 (commonly known as the 

7 ‘‘American Indian Religious Freedom Act’’) (42 

8 U.S.C. 1996 et seq.) and other applicable law. 

9 (e) GRAZING.—The Secretary shall permit the graz10 ing of livestock (including the maintenance and replace11 ment of fencing and related grazing infrastructure) in the 

12 National Monument, as established as of the date of enact13 ment of this Act, to continue, subject to such reasonable 

14 regulations, policies, and practices as the Secretary deter15 mines to be necessary. 

16 (f) MOTORIZED VEHICLES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the use of motorized vehicles on land 

19 within the National Monument shall be permitted 

20 only on roads and trails designated for the use of 

21 motorized vehicles by the management plan. 

22 (2) EXCEPTIONS.—Notwithstanding paragraph 

23 (1), the use of motorized vehicles within the Na24 tional Monument is allowed, if the use is nec25 essary— 


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1 (A) for administrative purposes; 

2 (B) to respond to an emergency; or 

3 (C) to allow for continued access to private 

4 inholdings and other authorized uses within the 

5 National Monument. 

6 (g) ACQUISITION AND INCORPORATION OF LAND AND

7 INTERESTS IN LAND.— 

8 (1) AUTHORITY.—The Secretary may acquire 

9 non-Federal land (including interests in non-Federal 

10 land) within the boundary of the National Monu11 ment by— 

12 (A) exchange, if the exchange furthers the 

13 purposes of the National Monument, as deter14 mined by the Secretary; 

15 (B) donation; or 

16 (C) purchase from a willing seller with do17 nated or appropriated funds. 

18 (2) MANAGEMENT.—Any non-Federal land or 

19 interest in non-Federal land that is acquired by the 

20 United States under paragraph (1) shall— 

21 (A) become part of the National Monu22 ment; 

23 (B) be withdrawn in accordance with sub24 section (h); and 


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1 (C) be managed in accordance with this 

2 Act. 

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

4 the Federal land and interests in Federal land within the 

5 National Monument are withdrawn from— 

6 (1) all forms of entry, appropriation, and dis7 posal under the public land laws; 

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

9 laws; and 

10 (3) operation of the mineral leasing and geo11 thermal leasing laws. 

12 (i) MILITARY OVERFLIGHTS.—Nothing in this Act 

13 restricts or precludes— 

14 (1) low-level overflights of military aircraft over 

15 the National Monument, including military over16 flights that can be seen, heard, or detected within 

17 the National Monument; 

18 (2) flight testing and evaluation over the Na19 tional Monument; 

20 (3) the designation or creation of new units of 

21 special use airspace over the National Monument; or 

22 (4) the establishment of military flight training 

23 routes over the National Monument. 

24 (j) WATER RIGHTS.—Nothing in this Act affects— 


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1 (1) any water rights in the State existing on the 

2 date of enactment of this Act, including any water 

3 rights held by the United States; or 

4 (2) the use or allocation of any water right. 

5 (k) FISH AND WILDLIFE.—Nothing in this Act af6 fects or diminishes the jurisdiction of the State with re7 spect to fish and wildlife management within the National 

8 Monument. 

9 (l) NO EFFECT ON RIGHTS OF INDIAN TRIBES.— 

10 Nothing in this Act affects the treaty rights or jurisdiction 

11 of any Indian Tribe. 

12 (m) EFFECT ON DESIGNATED CORRIDORS.—Nothing 

13 in this Act— 

14 (1) affects the designated transmission right-of15 way or corridor for Nevada State Highway 50; 

16 (2) affects the existence, use, operation, access, 

17 maintenance, upgrade, repair, construction, reconfig18 uration, expansion, inspection, renewal, reconstruc19 tion, alteration, addition, relocation improvement 

20 funding, removal, or replacement of any water facil21 ity or utility facility within an existing right-of-way 

22 or designated transportation or utility corridor 

23 issued before the date of enactment of this Act with24 in the National Monument; or 


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1 (3) prohibits access to, or the repair or replace2 ment of, a transmission or fiber optic line within a 

3 right-of-way within the boundary of the National 

4 Monument issued before the date of enactment of 

5 this Act. 

6 (n) NO BUFFER ZONES.— 

7 (1) IN GENERAL.—Nothing in this Act creates 

8 a protective perimeter or buffer zone around the Na9 tional Monument. 

10 (2) ACTIVITIES OUTSIDE NATIONAL MONU11 MENT.—The fact that an activity or use on land out12 side the National Monument can be seen or heard 

13 within the National Monument shall not preclude 

14 the activity or use outside the National Monument 

15 boundary. 

16 (o) AGREEMENTS AND PARTNERSHIPS.—To the max17 imum extent practicable and in accordance with applicable 

18 laws, on request of 1 or more Indian Tribes referred to 

19 in subsection (c)(2)(B), the Secretary shall enter into 

20 agreements, contracts, and other cooperative and collabo21 rative partnerships with the applicable Indian Tribes with 

22 respect to management of the National Monument under 

23 relevant Federal authority. 

24 (p) INTERPRETATION AND EDUCATION.—The Sec25 retary, in coordination with the Indian Tribes referred to 


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1 in subsection (c)(2)(B), shall provide for public interpreta2 tion of, and education on, the history and natural and cul3 tural resources of the National Monument. 

Æ 


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