```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5001 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5001

To establish the Sattitla National Monument in the State of California, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2024

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

_______________________________________________________________________

                                 A BILL

 
To establish the Sattitla National Monument in the State of California, 
                        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 ``Sattitla National Monument 
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Sattitla 
        National Monument Tribal Commission established under section 
        5(a).
            (2) Culturally affiliated indian tribe.--The term 
        ``culturally affiliated Indian Tribe'' means a federally 
        recognized Indian Tribe that--
                    (A) the Secretary of the Interior acknowledges to 
                exist as an Indian Tribe pursuant to section 104 of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 5131); and
                    (B) is determined by the Secretary to have a 
                cultural connection to the Monument.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Monument developed under section 4.
            (4) Map.--The term ``Map'' means the map entitled 
        ``Sattitla National Monument-Proposed'' and dated August 20, 
        2024.
            (5) Monument.--The term ``Monument'' means the Sattitla 
        National Monument established by section 3(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (7) State.--The term ``State'' means the State of 
        California.
            (8) Traditional and cultural purpose.--The term 
        ``traditional and cultural purpose'', with respect to a 
        culturally affiliated Indian Tribe, means a use, area, or 
        practice identified by the culturally affiliated Indian Tribe 
        as traditional or cultural because of the significance or 
        ceremonial nature of the use, area, or practice to the 
        culturally affiliated Indian Tribe.

SEC. 3. ESTABLISHMENT OF SATTITLA NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Sattitla National Monument in the State, consisting of 
approximately 206,563 acres of Federal land administered by the Forest 
Service, as generally depicted on the Map.
    (b) Purposes.--The purposes of the Monument are--
            (1) to conserve, protect, and enhance for the benefit and 
        enjoyment of present and future generations the ecological, 
        scenic, wildlife, recreational, cultural, historical, natural, 
        educational, and scientific resources of the Monument; and
            (2) to provide for the cooperative and collaborative 
        management of the Monument with culturally affiliated Indian 
        Tribes.
    (c) Management.--
            (1) In general.--The Secretary shall manage the Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the land and resources of the Monument;
                    (B) in accordance with--
                            (i) the principles of multiple use and 
                        sustained yield in accordance with the 
                        Multiple-Use Sustained-Yield Act of 1960 (16 
                        U.S.C. 528 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable Federal law 
                        (including regulations); and
                    (C) in cooperation and collaboration with 
                culturally affiliated Indian Tribes.
            (2) Access and use by culturally affiliated indian 
        tribes.--
                    (A) Access.--The Secretary shall allow access to 
                the Monument by members of a culturally affiliated 
                Indian Tribe for traditional and cultural purposes.
                    (B) Temporary closure.--In carrying out this 
                paragraph, the Secretary, on the request of a 
                culturally affiliated Indian Tribe and subject to valid 
                existing rights and authorizations (including access to 
                private property), may temporarily close any area of 
                the Monument to the public to protect the privacy of 
                Tribal activities for traditional and cultural purposes 
                conducted by members of the culturally affiliated 
                Indian Tribe.
                    (C) Applicable law.--The access and use by members 
                of a culturally affiliated Indian Tribe under this 
                paragraph 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.).
            (3) Recreation.--The Secretary shall continue to authorize 
        and enhance recreation in the Monument, including camping, 
        hiking, fishing, boating, backpacking, sightseeing, nature 
        study, horseback riding, hunting, guard station and lookout 
        recreation rentals, hang gliding, climbing, mountain biking, 
        and motorized recreation on designated routes (including 
        snowmobiling), if the recreational use is consistent with--
                    (A) the purposes described in subsection (b);
                    (B) this Act;
                    (C) other applicable Federal law (including 
                regulations);
                    (D) applicable land management plans; and
                    (E) input from the Commission regarding potential 
                impacts on culturally sensitive sites and resources.
            (4) Motorized vehicles.--The use of motorized vehicles 
        within the Monument shall be permitted only in accordance with 
        applicable Forest Service regulations in effect on the date of 
        enactment of this Act.
            (5) Grazing.--
                    (A) In general.--The Secretary shall permit the 
                grazing of livestock in the 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.
                    (B) No new allotments.--The Secretary shall not 
                establish any new allotments for livestock grazing that 
                include any Federal land in the Monument.
            (6) Existing easements and rights-of-way.--
                    (A) Effect.--Nothing in this Act precludes the 
                reauthorization, assignment (as applicable), or 
                modification of special use authorizations for, or 
                interferes with the operation, maintenance, 
                enlargement, replacement, or upgrade of, or 
                modification or access to, existing--
                            (i) flood control, electric utility 
                        facilities (including electric transmission 
                        facilities and electric distribution 
                        facilities), pipeline, and communications 
                        facilities within the Monument;
                            (ii) roads or highway corridors within the 
                        Monument;
                            (iii) seismic monitoring facilities within 
                        the Monument; or
                            (iv) other water infrastructure (including 
                        wildlife water development) or water district 
                        facilities within or adjacent to the Monument.
                    (B) Expansion of existing facilities.--To the 
                extent consistent with the proper care and management 
                of objects of historical, cultural, and scientific 
                interest within the Monument and subject to the 
                authorities of the Secretary and other applicable law, 
                existing flood control, pipeline, communications, fire 
                detection, seismic monitoring facilities, and water 
                infrastructure (including wildlife water developments) 
                and water district facilities may be expanded within 
                the Monument.
            (7) Acquisition of valid existing rights.--The Secretary 
        may acquire through exchange, donation, or purchase from a 
        willing seller valid mining claims or other valid existing 
        rights within the Monument that the Secretary determines, after 
        consultation with the Commission or a culturally affiliated 
        Indian Tribe, threatens cultural resources within the Monument.
            (8) Withdrawal.--
                    (A) In general.--Subject to valid existing rights 
                and except as provided in subparagraph (B), all Federal 
                land located in the Monument is permanently withdrawn 
                from--
                            (i) all forms of entry, appropriation, and 
                        disposal under the public land laws;
                            (ii) location, entry, and patent under the 
                        mining laws; and
                            (iii) operation of the mineral leasing, 
                        mineral materials, and geothermal leasing laws.
                    (B) Exception.--Any Federal land located in the 
                Monument that is subject to a lease issued under the 
                Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) 
                or under any other geothermal leasing or mineral 
                leasing law that is in effect on the date of enactment 
                of this Act shall be withdrawn on the date on which the 
                applicable lease expires or is relinquished.
            (9) Treaty rights.--Nothing in this Act enlarges, 
        diminishes, otherwise modifies, or abrogates the treaty rights 
        of any Indian Tribe, including any off-reservation reserved 
        treaty rights.
            (10) Jurisdiction over fish and wildlife.--
                    (A) In general.--Nothing in this section enlarges 
                or diminishes the jurisdiction of the State with 
                respect to fish and wildlife management, including the 
                regulation of fishing and hunting within the Monument.
                    (B) Limitations.--
                            (i) Orders.--Subject to clause (ii) and 
                        applicable law, the Secretary may issue orders 
                        restricting the areas in which, and 
                        establishing periods during which, for reasons 
                        of public safety, administration, or compliance 
                        with applicable laws, no hunting or fishing 
                        will be permitted within the Monument.
                            (ii) Consultation.--Except in emergencies 
                        and for closures issued for culturally 
                        affiliated Indian Tribes under paragraph 
                        (2)(B), the Secretary shall consult with the 
                        appropriate State agency before issuing orders 
                        under clause (i) that restrict or prohibit 
                        hunting or fishing within the Monument.
                    (C) Fish and wildlife management activities.--
                Management activities (including the use of motorized 
                vehicles by appropriate State agencies) to maintain, 
                enhance, or restore fish and wildlife populations and 
                the habitats to support fish and wildlife populations 
                may be carried out within the Monument, subject to 
                applicable laws (including regulations).
            (11) Map; legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Natural Resources of 
                the House of Representatives a map and legal 
                description of the Monument.
                    (B) Corrections.--The map and legal description 
                submitted under subparagraph (A) shall have the same 
                force and effect as if included in this Act, except 
                that the Secretary may correct any clerical or 
                typographical errors in the legal description and the 
                map.
                    (C) Conflict between map and legal description.--In 
                the case of a conflict between the map and the legal 
                description submitted under subparagraph (A), the map 
                shall control.
                    (D) Availability of map and legal description.--
                Copies of the map and legal description submitted under 
                subparagraph (A) shall be on file and available for 
                public inspection in the appropriate offices of the 
                Forest Service.
            (12) New rights-of-way.--Nothing in this Act prevents the 
        Secretary from authorizing new rights-of-way within the 
        Monument that the Secretary determines, in consultation with 
        applicable State and local agencies and culturally affiliated 
        Indian Tribes, are consistent with--
                    (A) this Act;
                    (B) applicable Federal laws (including 
                regulations);
                    (C) the purposes described in subsection (b);
                    (D) the management plan; and
                    (E) the care and proper management of objects of 
                cultural and scientific interest within the Monument.
            (13) Wildfire, watershed protection, and forest health.--
                    (A) In general.--In accordance with this Act, 
                applicable law (including regulations), and the fire 
                management plan developed under section 4(e), the 
                Secretary may take any measures within the Monument 
                that the Secretary determines to be necessary to 
                prevent, control, or clean up damage caused by fire, 
                insects, and diseases, including, as the Secretary 
                determines to be appropriate, the coordination of the 
                activities with a State or local agency and ongoing 
                landscape restoration efforts associated with 
                vegetation management for watershed protection, 
                hazardous fuels reduction, and forest health.
                    (B) Prohibition of new commercial timber 
                production.--As of the date of enactment of this Act--
                            (i) any land within the Monument shall be 
                        considered unsuitable for timber production; 
                        and
                            (ii) any vegetation management activities 
                        within the Monument that include a timber 
                        sale--
                                    (I) shall be for the purpose of 
                                addressing wildfire, watershed 
                                protection, or forest health; and
                                    (II) shall not be for the primary 
                                purpose of providing economic outcomes.
            (14) Incorporation of acquired land and interests.--Any 
        land or interest in land within the boundary of the Monument 
        that is acquired by the United States after the date of 
        enactment of this Act shall--
                    (A) become part of the Monument;
                    (B) be withdrawn in accordance with paragraph (8); 
                and
                    (C) be managed in accordance with--
                            (i) the principles of multiple use and 
                        sustained yield in accordance with the 
                        Multiple-Use Sustained-Yield Act of 1960 (16 
                        U.S.C. 528 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable Federal law 
                        (including regulations).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary--
            (1) to establish the Monument;
            (2) to perform any necessary mitigation, as determined by 
        the Secretary, within or adjacent to the Monument; and
            (3) to otherwise carry out this section.

SEC. 4. MANAGEMENT PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall begin developing a management plan for 
the Monument.
    (b) Tribal Consultation.--The Secretary shall consult with 
culturally affiliated Indian Tribes with respect to--
            (1) the development of the management plan under subsection 
        (a); and
            (2) management decisions relating to the Monument.
    (c) Continued Engagement With Culturally Affiliated Indian 
Tribes.--The management plan shall set forth parameters for continued 
meaningful engagement with culturally affiliated Indian Tribes with 
respect to the implementation of the management plan.
    (d) Ensuring Access to Dwellings Contained in Private Inholdings.--
The Secretary shall consult with owners of cabins at Medicine Lake to 
ensure that continued access relating to the use of the cabins is 
addressed in the management plan.
    (e) Wildfire.--The management plan shall include a fire management 
plan that may provide for prescribed fires, including traditional 
indigenous burning practices and thinning conducted by a culturally 
affiliated Indian Tribe to address forest health and safety.
    (f) Effect.--Nothing in this Act affects the conduct of fire 
prevention, mitigation, suppression, or cleanup activities associated 
with wildfire, forest health, and fuels reduction within the Monument, 
including through the use of existing agreements.

SEC. 5. SATTITLA NATIONAL MONUMENT TRIBAL COMMISSION.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish a commission, to 
be known as the ``Sattitla National Monument Tribal Commission''.
    (b) Membership.--
            (1) Makeup.--The Commission shall include a duly authorized 
        representative from each culturally affiliated Indian Tribe.
            (2) Process.--The Secretary shall conduct government-to-
        government consultation with each culturally affiliated Indian 
        Tribe to determine the membership of the Commission.
    (c) Duties of Secretary.--The Secretary shall--
            (1) consult with the Commission with respect to--
                    (A) proposals received from culturally affiliated 
                Indian Tribes for co-stewardship agreements;
                    (B) the development of the management plan; and
                    (C) providing guidance and recommendations in 
                management decisions relating to the Monument;
            (2) ensure that the management plan sets forth parameters 
        for the continued engagement by the Commission in the 
        implementation of the management plan;
            (3) to the extent permitted by Federal law, incorporate 
        into the management plan--
                    (A) the traditional ecological knowledge of the 
                culturally affiliated Indian Tribes as provided to the 
                Commission;
                    (B) public education and interpretation for 
                traditional place names and the cultural significance 
                of Federal land within the Monument, as the Secretary 
                and the Commission determine to be appropriate; and
                    (C) provisions to address funding, capacity 
                building, and infrastructure for culturally affiliated 
                Indian Tribes; and
            (4) meet with the Commission not less frequently than 1 
        time per year.
    (d) Procedures.--The Commission shall establish any rules and 
procedures for the Commission that the Commission determines to be 
necessary.
    (e) FACA Exemption.--Chapter 10 of title 5, United States Code, 
shall not apply to the Commission.

SEC. 6. AGREEMENTS AND PARTNERSHIPS.

    To the maximum extent practicable and in accordance with applicable 
law, on request of a culturally affiliated Indian Tribe, the Secretary 
shall, in accordance with recommendations of the Commission provided as 
part of the consultation process under section 5, enter into 
agreements, contracts, and other cooperative and collaborative 
partnerships with the culturally affiliated Indian Tribe with respect 
to the co-management of the Monument under relevant Federal authority, 
including--
            (1) the provisions of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5301 et seq.), as 
        applicable under section 8703 of the Agriculture Improvement 
        Act of 2018 (25 U.S.C. 3115b);
            (2) the Tribal Forest Protection Act of 2004 (25 U.S.C. 
        3115a);
            (3) the good neighbor authority under section 8206 of the 
        Agricultural Act of 2014 (16 U.S.C. 2113a);
            (4) the Native American Tourism and Improving Visitor 
        Experience Act (25 U.S.C. 4351 et seq.); and
            (5) in accordance with applicable guidance, including--
                    (A) Executive Order 13175 (25 U.S.C. 5301 note; 
                relating to consultation and coordination with Indian 
                Tribal governments);
                    (B) Secretarial Order 3342, issued by the Secretary 
                of the Interior on October 21, 2016, relating to 
                identifying opportunities for cooperative and 
                collaborative partnerships with federally recognized 
                Indian Tribes in the management of Federal lands and 
                resources;
                    (C) Joint Secretarial Order 3403, issued by the 
                Secretary and the Secretary of the Interior on November 
                15, 2021 (relating to fulfilling the trust 
                responsibility to Indian Tribes in the stewardship of 
                Federal lands and waters); and
                    (D) Executive Order 14112 (25 U.S.C. 5301 note; 
                relating to reforming Federal funding and support for 
                Tribal Nations to better embrace our trust 
                responsibilities and promote the next era of Tribal 
                self-determination).
                                 <all>
```