I 

115TH CONGRESS 

1ST SESSION H. R. 4532 

To create the first Tribally managed national monument, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 4, 2017 

Mr. CURTIS (for himself, Mr. BISHOP of Utah, Mr. STEWART, and Mrs. 

LOVE) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To create the first Tribally managed 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. 

4 This Act may be cited as the ‘‘Shash Ja ́a National 

5 Monument and Indian Creek National Monument Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Withdrawal. 

Sec. 4. Proclamation termination. 

Sec. 5. Authorization of appropriations. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 4532 IH

TITLE I—SHASH JA ́A NATIONAL MONUMENT 

Sec. 101. Establishment and purpose. 

Sec. 102. Map and legal description. 

Sec. 103. Administration of Shash Ja ́a National Monument. 

Sec. 104. General provisions. 

Sec. 105. Shash Ja ́a Tribal Management Council. 

Sec. 106. Bears Ears Commission. 

Sec. 107. Archaeological resources protection. 

Sec. 108. Enhanced resource protection capabilities in the Shash Ja ́a National 

Monument. 

Sec. 109. Scientific research to further purpose of Shash Ja ́a National Monument. 

Sec. 110. Federal land manager adherence. 

TITLE II—INDIAN CREEK NATIONAL MONUMENT 

Sec. 201. Establishment and purpose. 

Sec. 202. Map and legal description. 

Sec. 203. Administration of Indian Creek National Monument. 

Sec. 204. General provisions. 

Sec. 205. Indian Creek Management Council. 

Sec. 206. Bears Ears Commission. 

Sec. 207. Archaeological resources protection. 

Sec. 208. Enhanced resource protection capabilities in the Indian Creek National Monument. 

Sec. 209. Scientific research to further purpose of Indian Creek National 

Monument. 

Sec. 210. Federal land manager adherence. 

TITLE III—UTAH PUBLIC SCHOOL TRUST LAND CERTAINTY 

Sec. 301. Definitions. 

Sec. 302. Exchange of land to benefit the Utah Public School Trust. 

Sec. 303. Equal value land exchanges and appraisals. 

1 SEC. 3. WITHDRAWAL. 

2 Subject to valid existing rights, all Federal land and 

3 interests in land within the exterior boundaries of the 

4 Bears Ears National Monument declared under Presi5 dential Proclamation 9558, dated December 28, 2016, is 

6 withdrawn from— 

7 (1) all forms of entry, appropriation, and dis8 posal under the public land laws; 

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

10 laws; and 


sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 4532 IH

1 (3) operation of the mineral leasing, mineral 

2 materials, and geothermal leasing laws. 

3 SEC. 4. PROCLAMATION TERMINATION. 

4 Presidential Proclamation 9558, dated December 28, 

5 2016, and issued under chapter 3203 of title 54, United 

6 States Code, is hereby declared null and void. 

7 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated to carry out 

9 this Act $1,500,000 for each of fiscal years 2018 through 

10 2024. 

11 TITLE I—SHASH JA ́ A NATIONAL 

12 MONUMENT 

13 SEC. 101. ESTABLISHMENT AND PURPOSE. 

14 (a) ESTABLISHMENT.—Subject to the valid existing 

15 rights, the Federal land comprising approximately 

16 142,337 acres, identified as ‘‘Shash Ja ́a National Unit’’ 

17 and generally depicted on the map entitled ‘‘Bears Ears 

18 National Monument Boundary Modification’’, including 

19 Moon House Ruin and Doll House Ruin, is hereby estab20 lished as the ‘‘Shash Ja ́a National Monument’’. 

21 (b) PURPOSE.—The purpose of the Shash Ja ́a Na22 tional Monument shall be to protect, conserve, and en23 hance the unique and nationally important historic, sa24 cred, cultural, scientific, scenic, archaeological, natural, 


sradovich on DSK3GMQ082PROD with BILLS
4 

•HR 4532 IH

1 and educational resources of the Shash Ja ́a National 

2 Monument. 

3 SEC. 102. MAP AND LEGAL DESCRIPTION. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of the enactment of this Act, the Secretary of the 

6 Interior and the Secretary of Agriculture shall submit to 

7 the Committee on Natural Resources of the House of Rep8 resentatives and the Committee on Energy and Natural 

9 Resources and the Committee on Agriculture, Nutrition, 

10 and Forestry of the Senate a map and legal description 

11 of the Shash Ja ́a National Monument established by sec12 tion 101. 

13 (b) FORCE AND EFFECT.—The map and legal de14 scription submitted under this section shall have the same 

15 force and effect as if included in this title, except that 

16 the Secretary of the Interior and Secretary of Agriculture 

17 may make minor modifications of any clerical or typo18 graphical errors in the map or legal description provided 

19 these changes are first reported to the State of Utah, San 

20 Juan County, Utah, and the Shash Ja ́a Tribal Manage21 ment Council. 

22 (c) PUBLIC AVAILABILITY.—A copy of the map and 

23 legal description shall be on file and available for public 

24 inspection in the appropriate field offices of the Bureau 


sradovich on DSK3GMQ082PROD with BILLS
5 

•HR 4532 IH

1 of Indian Affairs, the Bureau of Land Management, and 

2 the Forest Service. 

3 SEC. 103. ADMINISTRATION OF SHASH JA ́ A NATIONAL 

4 MONUMENT. 

5 (a) IN GENERAL.—In accordance with this title, the 

6 Federal Land Policy and Management Act of 1976 (43 

7 U.S.C. 1701 et seq.), and other applicable laws and regu8 lations, the Shash Ja ́a Tribal Management Council shall 

9 manage the Shash Ja ́a National Monument in a manner 

10 that— 

11 (1) furthers the purpose of the Monument; 

12 (2) encourages cooperative and innovative man13 agement practices between resource managers, pri14 vate landowners, and the public; and 

15 (3) recognizes and maintains historic Tribal 

16 uses, including hunting, gathering, wood cutting, 

17 and cultural and religious uses. 

18 (b) MANAGEMENT PLAN.— 

19 (1) PLAN REQUIRED.—As soon as practicable 

20 after the date of the enactment of this Act, con21 sistent with the purpose of the monument, the 

22 Shash Ja ́a Tribal Management Council shall develop 

23 a comprehensive plan for the long-term management 

24 of the Shash Ja ́a National Monument. The plan may 

25 be updated or amended by the Shash Ja ́a Tribal 


sradovich on DSK3GMQ082PROD with BILLS
6 

•HR 4532 IH

1 Management Council in response to changing cir2 cumstances or as determined by the Shash Ja ́a Trib3 al Management Council. 

4 (2) CONSULTATION.—In developing the man5 agement plan, the Shash Ja ́a Tribal Management 

6 Council shall consult with appropriate State and 

7 local entities, the Bears Ears Commission, affected 

8 Indian Tribes, and the public. In particular, the 

9 Shash Ja ́a Tribal Management Council shall solicit 

10 information and proposals as needed to integrate 

11 Native American traditional and historical knowl12 edge and special expertise into the management plan 

13 of the Shash Ja ́a National Monument. Such infor14 mation and proposals may include— 

15 (A) protections for and use of sacred sites; 

16 (B) cultural and educational programming; 

17 (C) identification of plants, animals, and 

18 special resources; 

19 (D) identification of traditional uses, such 

20 as gathering firewood; and 

21 (E) historical and archaeological resources. 

22 (3) REJECTION OF RECOMMENDATIONS.—If the 

23 Shash Ja ́a Tribal Management Council does not in24 corporate written recommendations submitted by 

25 State or local entities, the Bears Ears Commission, 


sradovich on DSK3GMQ082PROD with BILLS
7 

•HR 4532 IH

1 or affected Indian Tribes into the management plan, 

2 the Shash Ja ́a Tribal Management Council shall 

3 submit a written explanation, not less than 30 days 

4 before the effective date of the management plan, to 

5 the Committee on Natural Resources of the House 

6 of Representatives, the Committee on Energy and 

7 Natural Resources of the Senate, and the Committee 

8 on Agriculture, Nutrition, and Forestry of the Sen9 ate outlining the reasons for rejecting the rec10 ommendations. 

11 (4) RELATIONSHIP WITH BEARS EARS COMMIS12 SION.—In addition to the consultation under para13 graph (2), the Shash Ja ́a Tribal Management Coun14 cil shall— 

15 (A) carefully and fully consider integrating 

16 the traditional and historical knowledge and 

17 special expertise of the Bears Ears Commission 

18 into the management plan of the Shash Ja ́a 

19 National Monument; and 

20 (B) not less than 45 days before the effec21 tive date of the management plan for the Shash 

22 Ja ́a National Monument, provide the Bears 

23 Ears Commission with a written explanation re24 garding any written recommendations from the 

25 Bears Ears Commission that are not integrated 


sradovich on DSK3GMQ082PROD with BILLS
8 

•HR 4532 IH

1 into the management plan for the Shash Ja ́a 

2 National Monument. 

3 (5) ELEMENTS INCLUDED.—The management 

4 plan developed under this subsection shall— 

5 (A) allow only those uses of the Shash Ja ́a 

6 National Monument that are determined by the 

7 Council to be consistent with the purpose of the 

8 Monument; 

9 (B) be consistent with the Native Amer10 ican Graves Protection and Repatriation Act 

11 (25 U.S.C. 3001 et seq.), the American Indian 

12 Religious Freedom Act (42 U.S.C. 1996 et 

13 seq.), Executive Order 13007, division A of sub14 title III of title 54, United States Code (for15 merly the National Historic Preservation Act), 

16 and the Archaeological Resources Protection 

17 Act of 1979 (16 U.S.C. 470aa et seq.) to pro18 tect and preserve and minimize disturbance to 

19 covered sites and properties, including human 

20 remains; 

21 (C) integrate Native knowledge (as defined 

22 in section 219.19 of title 36, Code of Federal 

23 Regulations) to improve social, economic, and 

24 ecological sustainability in accordance with For25 est Service regulations set forth in section 219 


sradovich on DSK3GMQ082PROD with BILLS
9 

•HR 4532 IH

1 of title 36, Code of Federal Regulations, or suc2 cessor regulations; 

3 (D) allow for the continued use and access 

4 (including by motorized vehicle) of the Shash 

5 Ja ́a National Monument— 

6 (i) for traditional and cultural cere7 monies; 

8 (ii) as a source of traditional plants 

9 and other materials for subsistence and 

10 other uses in accordance with Federal law; 

11 and 

12 (iii) for any other activities deemed 

13 appropriate, in consultation with the Shash 

14 Ja ́a Archaeological Resources Protection 

15 Unit; 

16 (E) allow grazing where grazing was estab17 lished before the date of the enactment of this 

18 Act— 

19 (i) subject to such reasonable regula20 tions, policies, and practices as the Shash 

21 Ja ́a Tribal Management Council deems 

22 necessary; 

23 (ii) subject to all applicable laws; and 

24 (iii) with adjustments only allowed in 

25 the numbers of livestock allowed as a reVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
10 

•HR 4532 IH

1 sult of revisions in the normal grazing and 

2 land management planning and policy set3 ting process; 

4 (F) allow commercial recreation activities 

5 within the Shash Ja ́a National Monument in 

6 accordance with this title and all other applica7 ble laws and regulations; and 

8 (G) allow wildland fire operations in the 

9 Shash Ja ́a National Monument consistent with 

10 the purpose of the Shash Ja ́a National Monu11 ment. 

12 (c) DONATIONS.—The Shash Ja ́a Tribal Manage13 ment Council may accept, hold, administer, and use gifts, 

14 bequests, donations of funds or real property within the 

15 boundaries of the Shash Ja ́a National Monument, and de16 vices (including labor and services) to further the purposes 

17 of the Shash Ja ́a National Monument and to administer 

18 the Monument. Donations accepted under this subsection 

19 shall be considered as a gift or bequest to or for the use 

20 of the United States. 

21 SEC. 104. GENERAL PROVISIONS. 

22 (a) WITHDRAWALS.—Subject to valid existing rights, 

23 all Federal land and interests in land that is acquired by 

24 the United States within the Shash Ja ́a National MonuVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
11 

•HR 4532 IH

1 ment after the date of the enactment of this Act, is with2 drawn from— 

3 (1) all forms of entry, appropriation or disposal 

4 under the public land laws; 

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

6 laws; and 

7 (3) operation of the mineral leasing, mineral 

8 materials, and geothermal leasing laws. 

9 (b) LAND ACQUISITION.— 

10 (1) IN GENERAL.—The Secretary of the Inte11 rior or the Secretary of Agriculture, as appropriate, 

12 may acquire lands or interest in lands within the ex13 terior boundaries of the Shash Ja ́a National Monu14 ment by donation, purchase with donated or appro15 priated funds, exchange, or transfer from a Federal 

16 agency only with the concurrence of the Shash Ja ́a 

17 Tribal Management Council. 

18 (2) NO EMINENT DOMAIN OR CONDEMNA19 TION.—The Secretary of the Interior and the Sec20 retary of Agriculture may not use eminent domain 

21 or condemnation to acquire land or interest in land 

22 within the exterior boundary of the Shash Ja ́a Na23 tional Monument. 

24 (3) INCORPORATION IN NATIONAL MONU25 MENT.—Any land or interest in land located inside 


sradovich on DSK3GMQ082PROD with BILLS
12 

•HR 4532 IH

1 the exterior boundary of the Shash Ja ́a National 

2 Monument that is acquired by the United States 

3 after the date of the enactment of this Act shall be 

4 added to and administered as part of the Shash Ja ́a 

5 National Monument. 

6 (c) EXCLUSION OF NON-FEDERAL LAND.—The 

7 Shash Ja ́a National Monument includes only Federal land 

8 and interests in Federal land and does not include private 

9 property or other non-Federal land and interests in land. 

10 The management plan developed and implemented under 

11 this title shall not apply to private property or non-Federal 

12 land or interests in land. 

13 (d) WATER RIGHTS.—Nothing in this title— 

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

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

16 water right, or interest in water; 

17 (2) affects any vested absolute or decreed condi18 tional water right in existence on the date of the en19 actment of this Act, including any water right held 

20 by the United States; 

21 (3) affects any claims or rights to water not yet 

22 asserted or finally determined; 

23 (4) affects any interstate water compact in ex24 istence on the date of the enactment of this Act; 


sradovich on DSK3GMQ082PROD with BILLS
13 

•HR 4532 IH

1 (5) authorizes or imposes any new reserved 

2 Federal water rights; or 

3 (6) relinquishes or reduces any water rights re4 served or appropriated by the United States in the 

5 State of Utah on or before the date of the enactment 

6 of this Act. 

7 (e) FISH AND WILDLIFE.—Nothing in this title af8 fects the jurisdiction of the State of Utah with respect 

9 to the management of fish and wildlife in the State. 

10 (f) EMERGENCY RESPONSE.—Nothing in this title al11 ters the authority or responsibility of any party with re12 spect to emergency response activities within the Shash 

13 Ja ́a National Monument, including wildfire response. 

14 (g) OVERFLIGHTS.—Nothing in this title shall pre15 clude overflights of military aircraft, the designation of 

16 special-use airspace, or the use or establishment of mili17 tary flight training routes over the Shash Ja ́a National 

18 Monument. 

19 (h) TRIBAL RIGHTS.—Nothing in this title affects the 

20 rights of any federally recognized Indian Tribe or any 

21 treaty right. 

22 SEC. 105. SHASH JA ́ A TRIBAL MANAGEMENT COUNCIL. 

23 (a) DUTIES.—The Shash Ja ́a Tribal Management 

24 Council shall— 


sradovich on DSK3GMQ082PROD with BILLS
14 

•HR 4532 IH

1 (1) develop and implement the comprehensive 

2 management plan required by section 103; and 

3 (2) regularly and meaningfully engage with the 

4 Bears Ears Commission regarding the management 

5 of the Shash Ja ́a National Monument. 

6 (b) MEMBERSHIP.—The Shash Ja ́a Tribal Manage7 ment Council shall be composed of the following members 

8 appointed not later than 180 days after the date of the 

9 enactment of this Act by the President: 

10 (1) One individual from the Department of the 

11 Interior or the Department of Agriculture. 

12 (2) Six individuals, in consultation with the 

13 Congressional delegation from the State of Utah, 

14 who shall represent the following: 

15 (A) Three who are members of the Navajo 

16 Nation, one of whom must represent the Aneth 

17 Chapter of the Navajo Nation. 

18 (B) One who is a member of the White 

19 Mesa Utes of the Ute Mountain Ute Tribe. 

20 (C) Two who are members of the San 

21 Juan County, Utah, Board of Commissioners. 

22 (c) QUALIFICATIONS.—Of the representatives ap23 pointed by the President under subsection (b)(2)— 

24 (1) none shall be employees of the Federal Gov25 ernment; 


sradovich on DSK3GMQ082PROD with BILLS
15 

•HR 4532 IH

1 (2) all shall be residents of the State of Utah. 

2 (d) TERMS.—The President shall appoint the mem3 bers of the Shash Ja ́a Tribal Management Council under 

4 subsection (b)(2) for a term of five years, except that the 

5 President shall designate staggered terms for the members 

6 initially appointed to the Shash Ja ́a Tribal Management 

7 Council. The President may not reappoint a member to 

8 more than three consecutive terms. 

9 (e) VACANCIES.—The President shall fill Presi10 dentially appointed vacancies on the Shash Ja ́a Tribal 

11 Management Council as soon as practicable after the va12 cancy has occurred. 

13 (f) COMPENSATION.—Non-Federal members of the 

14 Shash Ja ́a Tribal Management Council shall serve without 

15 pay, except for reasonable travel expenses, including per 

16 diem in lieu of subsistence, at the rate authorized for em17 ployees of agencies under subchapter I of chapter 57 of 

18 title 5, United States Code, while away from their homes 

19 or regular places of business in the performance of duties 

20 for the Council. 

21 (g) CHAIR.—The members of the Shash Ja ́a Tribal 

22 Management Council shall select the chair of the Shash 

23 Ja ́a Tribal Management Council from one of the Presi24 dentially appointed representatives under subsection 

25 (b)(2) for a term beginning on the date of selection, and 


sradovich on DSK3GMQ082PROD with BILLS
16 

•HR 4532 IH

1 ending in five years or until the member’s term of office 

2 expires, whichever occurs first. 

3 (h) ANNUAL SHASH JA ́A TRIBAL MANAGEMENT

4 COUNCIL REPORT.— 

5 (1) PUBLIC REPORT PUBLICATION.—Not later 

6 than September 30 of each year, the Shash Ja ́a 

7 Tribal Management Council shall post a public re8 port on the Forest Service, Bureau of Land Manage9 ment, and any Shash Ja ́a National Monument-affili10 ated websites maintained by the Shash Ja ́a Tribal 

11 Management Council. If the Shash Ja ́a Tribal Man12 agement Council cannot meet the September 30 

13 deadline in any year, on September 30 the Chair of 

14 the Shash Ja ́a Tribal Management Council shall 

15 publicly post on the websites the reasons for such 

16 delay and the date on which the submission of the 

17 report is anticipated. 

18 (2) CONTENTS.—The report required by para19 graph (1) shall include— 

20 (A) a description of the actions of the 

21 Shash Ja ́a Tribal Management Council to de22 velop or implement the management plan for 

23 the Shash Ja ́a National Monument; 

24 (B) the recommendations made by the 

25 State, local entities, the Bears Ears CommisVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
17 

•HR 4532 IH

1 sion, the Shash Ja ́a Archaeological Resources 

2 Protection Unit, affected Indian Tribes, and the 

3 public to the Shash Ja ́a Tribal Management 

4 Council during the preceding year and actions 

5 taken by the Shash Ja ́a Tribal Management 

6 Council as a result of the recommendations; 

7 and 

8 (C) an accounting of the expenses of the 

9 Shash Ja ́a Tribal Management Council. 

10 (i) STAFF ASSISTANCE.—The Shash Ja ́a Tribal Man11 agement Council may request administrative staff assist12 ance from Federal employees under the jurisdiction of the 

13 Secretary of the Interior or the Secretary of Agriculture. 

14 (j) MEETINGS.— 

15 (1) FREQUENCY.—The Shash Ja ́a Tribal Man16 agement Council shall meet at the call of the Chair 

17 or a majority of the members. Meetings shall be held 

18 no less than once each calendar year. A majority 

19 must be present to constitute a quorum to con20 ducting an official meeting of the Shash Ja ́a Tribal 

21 Management Council. 

22 (2) ANNOUNCEMENT; OPEN MEETINGS.—All 

23 meetings of the Shash Ja ́a Tribal Management 

24 Council shall be announced not less than one week 


sradovich on DSK3GMQ082PROD with BILLS
18 

•HR 4532 IH

1 in advance in publications of general circulation and 

2 shall be open to the public. 

3 SEC. 106. BEARS EARS COMMISSION. 

4 (a) ESTABLISHMENT.—There is established a Bears 

5 Ears Commission with the same membership, responsibil6 ities, and duties as that established under Presidential 

7 Proclamation 9558, dated December 28, 2016. 

8 (b) DUTIES.—In addition to the duties described in 

9 subsection (a), the Bears Ears Commission shall provide 

10 guidance and recommendations to the Shash Ja ́a Tribal 

11 Management Council and the Shash Ja ́a Archaeological 

12 Resources Protection Unit regarding the development and 

13 implementation of the management plan required under 

14 section 103(b). 

15 SEC. 107. ARCHAEOLOGICAL RESOURCES PROTECTION. 

16 (a) SHASH JA ́A ARCHAEOLOGICAL RESOURCES PRO17 TECTION UNIT.— 

18 (1) ESTABLISHMENT.—The Shash Ja ́a Tribal 

19 Management Council shall establish and maintain a 

20 Shash Ja ́a Archaeological Resources Protection Unit 

21 to provide technical and other specific assistance to 

22 help protect, conserve, and enhance the unique and 

23 nationally important historic, sacred, cultural, sci24 entific, scenic, archaeological, natural, and eduVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
19 

•HR 4532 IH

1 cational resources in the Shash Ja ́a National Monu2 ment. 

3 (2) MEMBERSHIP.—Not later than 210 days 

4 after the date of the enactment of this Act, the 

5 Shash Ja ́a Tribal Management Council shall appoint 

6 9 individuals to the Shash Ja ́a Archaeological Re7 sources Protection Unit as follows: 

8 (A) Five individuals with expertise in pre9 serving Tribal relics, artifacts, or other sacred 

10 Tribal sites and objects. 

11 (B) One individual with expertise in the 

12 preservation of archaeological resources in fed13 erally protected areas. 

14 (C) One individual with expertise in pro15 tecting scenic and natural resources. 

16 (D) One individual representing a scientific 

17 or educational institution in the State of Utah. 

18 (E) One individual with historic preserva19 tion expertise in the State of Utah. 

20 (3) DUTIES.—The Shash Ja ́a Archaeological 

21 Resources Protection Unit shall— 

22 (A) advise the Shash Ja ́a Tribal Manage23 ment Council on ways to protect, conserve, and 

24 enhance the unique and nationally important 

25 historic, sacred, cultural, scientific, scenic, arVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
20 

•HR 4532 IH

1 chaeological, natural, and educational resources 

2 in the Shash Ja ́a National Monument; 

3 (B) recommend educational materials and 

4 signage informing visitors of the unique and na5 tionally important historic, sacred, cultural, sci6 entific, scenic, archaeological, natural, and edu7 cational resources in the Shash Ja ́a National 

8 Monument; 

9 (C) recommend educational materials or 

10 signage to prevent the destruction, degradation, 

11 vandalism, or looting of sites within the Shash 

12 Ja ́a National Monument; and 

13 (D) not later than 60 days after its estab14 lishment under paragraph (2), submit to the 

15 Shash Ja ́a Tribal Management Council infor16 mation regarding— 

17 (i) sites located within the Shash Ja ́a 

18 National Monument at high risk of de19 struction, degradation, vandalism, or 

20 looting; 

21 (ii) specific actions to eliminate, pre22 vent, or minimize destruction, degradation, 

23 vandalism, and looting within Shash Ja ́a 

24 National Monument; and 


sradovich on DSK3GMQ082PROD with BILLS
21 

•HR 4532 IH

1 (iii) suggestions for additional admin2 istrative or other actions to help eliminate, 

3 prevent, or minimize destruction, degrada4 tion, vandalism, or looting within Shash 

5 Ja ́a National Monument. 

6 (4) TERMS.— 

7 (A) IN GENERAL.—Members of the Shash 

8 Ja ́a Archaeological Resources Protection Unit 

9 shall serve a term of 5 years beginning on the 

10 date of appointment, except that the Shash Ja ́a 

11 Tribal Management Council shall designate 

12 staggered terms for the members initially ap13 pointed to Shash Ja ́a Archaeological Resources 

14 Protection Unit. 

15 (B) VACANCIES.—The Shash Ja ́a Tribal 

16 Management Council shall make appointments 

17 to fill vacancies on the Shash Ja ́a Archae18 ological Resources Protection Unit as soon as 

19 practicable after the vacancy has occurred. 

20 (C) COMPENSATION.—Members of the 

21 Shash Ja ́a Archaeological Resources Protection 

22 Unit shall serve without pay, except for reason23 able travel expenses, including per diem in lieu 

24 of subsistence, at the rate authorized for em25 ployees of agencies under subchapter I of chapVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
22 

•HR 4532 IH

1 ter 57 of title 5, United States Code, while 

2 away from their homes or regular places of 

3 business in the performance of duties for the 

4 Unit. 

5 (D) STAFF ASSISTANCE.—The Shash Ja ́a 

6 Archaeological Resources Protection Unit may 

7 request administrative staff assistance from 

8 Federal employees under the jurisdiction of the 

9 Secretary of the Interior or the Secretary of 

10 Agriculture or State employees under the juris11 diction of the State of Utah. 

12 (E) MEETINGS.—The Shash Ja ́a Archae13 ological Resources Protection Unit shall meet at 

14 the call of the Shash Ja ́a Tribal Management 

15 Council or a majority of its members. Meetings 

16 shall be held not less than once per calendar 

17 year. A majority must be present to constitute 

18 a quorum for the purpose of conducting an offi19 cial meeting of the Shash Ja ́a Archaeological 

20 Resources Protection Unit. 

21 SEC. 108. ENHANCED RESOURCE PROTECTION CAPABILI22 TIES IN THE SHASH JA ́ A NATIONAL MONU23 MENT. 

24 (a) ENHANCED ENFORCEMENT CAPABILITY.— 


sradovich on DSK3GMQ082PROD with BILLS
23 

•HR 4532 IH

1 (1) ENFORCEMENT.—The Secretary of the In2 terior and the Secretary of Agriculture shall assign 

3 not less than 10 law enforcement personnel to pro4 tect the unique and nationally important historic, sa5 cred, cultural, scientific, scenic, archaeological, nat6 ural, and educational resources of Shash Ja ́a Na7 tional Monument and its surrounding area, con8 sistent with the management plan developed under 

9 section 103(b). 

10 (2) PLAN COMPLIANCE.—The Secretary of the 

11 Interior and the Secretary of Agriculture shall each 

12 ensure the law enforcement personnel perform the 

13 duties under paragraph (1) consistent with the man14 agement plan developed under section 103(b). 

15 (b) MEMORANDA OF UNDERSTANDING.—The Sec16 retary of the Interior and the Secretary of Agriculture 

17 shall each enter into memoranda of understanding or co18 operative agreements with local, State, or Tribal law en19 forcement entities to perform the duties described in sub20 section (a)(1). 

21 SEC. 109. SCIENTIFIC RESEARCH TO FURTHER PURPOSE 

22 OF SHASH JA ́ A NATIONAL MONUMENT. 

23 The Secretary of the Interior and the Secretary of 

24 Agriculture may enter into memoranda of understanding 

25 or cooperative agreements with educational institutions or 


sradovich on DSK3GMQ082PROD with BILLS
24 

•HR 4532 IH

1 other entities with expertise in archaeological, historical, 

2 or natural science fields to conduct scientific research in 

3 the Shash Ja ́a National Monument to aid in the develop4 ment or implementation of the management plan required 

5 in section 103(b). 

6 SEC. 110. FEDERAL LAND MANAGER ADHERENCE. 

7 Federal land managers employed by the Bureau of 

8 Land Management or the Forest Service and working in 

9 the Shash Ja ́a National Monument shall adhere to the 

10 management plan created by the Shash Ja ́a Tribal Man11 agement Council under section 103(b). 

12 TITLE II—INDIAN CREEK 

13 NATIONAL MONUMENT 

14 SEC. 201. ESTABLISHMENT AND PURPOSE. 

15 (a) ESTABLISHMENT.—Subject to valid existing 

16 rights, the Federal land comprising approximately 86,447 

17 acres, identified as ‘‘Indian Creek Unit’’ and generally de18 picted on the map entitled ‘‘Bears Ears National Monu19 ment Boundary Modification’’ is hereby established as the 

20 ‘‘Indian Creek National Monument’’. 

21 (b) PURPOSE.—The purpose of the Indian Creek Na22 tional Monument shall be to protect, conserve, and en23 hance the unique and nationally important recreational, 

24 historic, sacred, cultural, scientific, scenic, archaeological, 


sradovich on DSK3GMQ082PROD with BILLS
25 

•HR 4532 IH

1 natural, and educational resources of the Indian Creek 

2 National Monument. 

3 SEC. 202. MAP AND LEGAL DESCRIPTION. 

4 (a) IN GENERAL.—As soon as practicable after the 

5 date of the enactment of this Act, the Secretary of the 

6 Interior and the Secretary of Agriculture shall submit to 

7 the Committee on Natural Resources of the House of Rep8 resentatives and the Committee on Energy and Natural 

9 Resources and the Committee on Agriculture, Nutrition, 

10 and Forestry of the Senate a map and legal description 

11 of the Indian Creek National Monument established by 

12 section 201. 

13 (b) FORCE AND EFFECT.—The map and legal de14 scription submitted under this section shall have the same 

15 force and effect as if included in this title, except that 

16 the Secretary of the Interior and Secretary of Agriculture 

17 may make minor modifications of any clerical or typo18 graphical errors in the map or legal description provided 

19 these changes are first reported to the State of Utah, San 

20 Juan County, Utah, and the Indian Creek Management 

21 Council. 

22 (c) PUBLIC AVAILABILITY.—A copy of the map and 

23 legal description shall be on file and available for public 

24 inspection in the appropriate field offices of the Bureau 


sradovich on DSK3GMQ082PROD with BILLS
26 

•HR 4532 IH

1 of Indian Affairs, the Bureau of Land Management, and 

2 the Forest Service. 

3 SEC. 203. ADMINISTRATION OF INDIAN CREEK NATIONAL 

4 MONUMENT. 

5 (a) IN GENERAL.—In accordance with this title, the 

6 Federal Land Policy and Management Act of 1976 (43 

7 U.S.C. 1701 et seq.), and other applicable laws and regu8 lations, the Indian Creek Management Council shall man9 age the Indian Creek National Monument in a manner 

10 that— 

11 (1) furthers the purpose of the Monument; 

12 (2) encourages cooperative and innovative man13 agement practices between resource managers, pri14 vate landowners, and the public; and 

15 (3) recognizes and maintains historic uses, in16 cluding recreation, hunting, gathering, wood cutting, 

17 and cultural and religious uses. 

18 (b) MANAGEMENT PLAN.— 

19 (1) PLAN REQUIRED.—As soon as practicable 

20 after the date of the enactment of this Act, con21 sistent with the purpose of the monument, the In22 dian Creek Management Council shall develop a 

23 comprehensive plan for the long-term management 

24 of the Indian Creek National Monument. The plan 

25 may be updated or amended by the Indian Creek 


sradovich on DSK3GMQ082PROD with BILLS
27 

•HR 4532 IH

1 Management Council in response to changing cir2 cumstances or as determined by the Indian Creek 

3 Management Council. 

4 (2) CONSULTATION.—In developing the man5 agement plan, the Indian Creek Management Coun6 cil shall consult with appropriate State and local en7 tities, the Bears Ears Commission, affected Indian 

8 Tribes, and the public. In particular, the Indian 

9 Creek Management Council shall solicit information 

10 and proposals as needed to integrate Native Amer11 ican traditional and historical knowledge and special 

12 expertise into the management plan of the Indian 

13 Creek National Monument. Such information and 

14 proposals may include— 

15 (A) protections for and use of sacred sites; 

16 (B) cultural and educational programming; 

17 (C) identification of plants, animals, and 

18 special resources; 

19 (D) identification of traditional uses, such 

20 as gathering firewood; and 

21 (E) historical and archaeological resources. 

22 (3) REJECTION OF RECOMMENDATIONS.—If the 

23 Indian Creek Management Council does not incor24 porate written recommendations submitted by State 

25 or local entities, the Bears Ears Commission, or afVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
28 

•HR 4532 IH

1 fected Indian Tribes into the management plan, the 

2 Indian Creek Management Council shall submit a 

3 written explanation, not less than 30 days before the 

4 effective date of the management plan, to the Com5 mittee on Natural Resources of the House of Rep6 resentatives, the Committee on Energy and Natural 

7 Resources of the Senate, and the Committee on Ag8 riculture, Nutrition, and Forestry of the Senate out9 lining the reasons for rejecting the recommenda10 tions. 

11 (4) RELATIONSHIP WITH BEARS EARS COMMIS12 SION.—In addition to the consultation under para13 graph (2), the Indian Creek Management Council 

14 shall— 

15 (A) carefully and fully consider integrating 

16 the traditional and historical knowledge and 

17 special expertise of the Bears Ears Commission 

18 into the management plan of the Indian Creek 

19 National Monument; and 

20 (B) not less than 45 days before the effec21 tive date of the management plan for the In22 dian Creek National Monument, provide the 

23 Bears Ears Commission with a written expla24 nation regarding any written recommendations 

25 from the Bears Ears Commission that are not 


sradovich on DSK3GMQ082PROD with BILLS
29 

•HR 4532 IH

1 integrated into the management plan for the 

2 Indian Creek National Monument. 

3 (5) ELEMENTS INCLUDED.—The management 

4 plan developed under this subsection shall— 

5 (A) allow only those uses of the Indian 

6 Creek National Monument that are determined 

7 by the Council to be consistent with the purpose 

8 of the Monument; 

9 (B) be consistent with the Native Amer10 ican Graves Protection and Repatriation Act 

11 (25 U.S.C. 3001 et seq.), the American Indian 

12 Religious Freedom Act (42 U.S.C. 1996 et 

13 seq.), Executive Order 13007, division A of sub14 title III of title 54, United States Code (for15 merly the National Historic Preservation Act), 

16 and the Archaeological Resources Protection 

17 Act of 1979 (16 U.S.C. 470aa et seq.) to pro18 tect and preserve and minimize disturbance to 

19 covered sites and properties, including human 

20 remains; 

21 (C) integrate Native knowledge (as defined 

22 in section 219.19 of title 36, Code of Federal 

23 Regulations) to improve social, economic, and 

24 ecological sustainability in accordance with For25 est Service regulations set forth in section 219 


sradovich on DSK3GMQ082PROD with BILLS
30 

•HR 4532 IH

1 of title 36, Code of Federal Regulations, or suc2 cessor regulations; 

3 (D) allow for the continued use and access 

4 (including by motorized vehicle) of the Indian 

5 Creek National Monument— 

6 (i) for traditional and cultural cere7 monies; 

8 (ii) as a source of traditional plants 

9 and other materials for subsistence and 

10 other uses in accordance with Federal law; 

11 (iii) for recreational access; and 

12 (iv) for any other activities deemed 

13 appropriate, in consultation with the In14 dian Creek Archaeological Resources Pro15 tection Unit; 

16 (E) allow grazing where grazing was estab17 lished before the date of the enactment of this 

18 Act— 

19 (i) subject to such reasonable regula20 tions, policies, and practices as the Indian 

21 Creek Management Council deems nec22 essary; 

23 (ii) subject to all applicable laws; and 

24 (iii) with adjustments only allowed in 

25 the numbers of livestock allowed as a reVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
31 

•HR 4532 IH

1 sult of revisions in the normal grazing and 

2 land management planning and policy set3 ting process; 

4 (F) allow commercial recreation activities 

5 within the Indian Creek National Monument in 

6 accordance with this title and all other applica7 ble laws and regulations; and 

8 (G) allow wildland fire operations in the 

9 Indian Creek National Monument consistent 

10 with the purpose of the Indian Creek National 

11 Monument. 

12 (c) DONATIONS.—The Indian Creek Management 

13 Council may accept, hold, administer, and use gifts, be14 quests, donations of funds or real property within the 

15 boundaries of the Indian Creek National Monument, and 

16 devices (including labor and services) to further the pur17 poses of the Indian Creek National Monument and to ad18 minister the Monument. Donations accepted under this 

19 subsection shall be considered as a gift or bequest to or 

20 for the use of the United States. 

21 SEC. 204. GENERAL PROVISIONS. 

22 (a) WITHDRAWALS.—Subject to valid existing rights, 

23 all Federal land and interests in land within the Indian 

24 Creek National Monument that is acquired by the United 


sradovich on DSK3GMQ082PROD with BILLS
32 

•HR 4532 IH

1 States within the Indian Creek National Monument after 

2 the date of the enactment of this Act, is withdrawn from— 

3 (1) all forms of entry, appropriation or disposal 

4 under the public land laws; 

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

6 laws; and 

7 (3) operation of the mineral leasing, mineral 

8 materials, and geothermal leasing laws. 

9 (b) LAND ACQUISITION.— 

10 (1) IN GENERAL.—The Secretary of the Inte11 rior or the Secretary of Agriculture, as appropriate, 

12 may acquire lands or interest in lands within the ex13 terior boundaries of the Indian Creek National 

14 Monument by donation, purchase with donated or 

15 appropriated funds, exchange, or transfer from a 

16 Federal agency only with the concurrence of the In17 dian Creek Management Council. 

18 (2) NO EMINENT DOMAIN OR CONDEMNA19 TION.—The Secretary of the Interior and the Sec20 retary of Agriculture may not use eminent domain 

21 or condemnation to acquire land or interest in land 

22 within the exterior boundary of the Indian Creek 

23 National Monument. 

24 (3) INCORPORATION IN NATIONAL MONU25 MENT.—Any land or interest in land located inside 


sradovich on DSK3GMQ082PROD with BILLS
33 

•HR 4532 IH

1 the exterior boundary of the Indian Creek National 

2 Monument that is acquired by the United States 

3 after the date of the enactment of this Act shall be 

4 added to and administered as part of the Indian 

5 Creek National Monument. 

6 (c) EXCLUSION OF NON-FEDERAL LAND.—The In7 dian Creek National Monument includes only Federal land 

8 and interests in Federal land and does not include private 

9 property or other non-Federal land and interests in land. 

10 The management plan developed and implemented under 

11 this title shall not apply to private property or non-Federal 

12 land or interests in land. 

13 (d) WATER RIGHTS.—Nothing in this title— 

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

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

16 water right, or interest in water; 

17 (2) affects any vested absolute or decreed condi18 tional water right in existence on the date of the en19 actment of this Act, including any water right held 

20 by the United States; 

21 (3) affects any claims or rights to water not yet 

22 asserted or finally determined; 

23 (4) affects any interstate water compact in ex24 istence on the date of the enactment of this Act; 


sradovich on DSK3GMQ082PROD with BILLS
34 

•HR 4532 IH

1 (5) authorizes or imposes any new reserved 

2 Federal water rights; or 

3 (6) relinquishes or reduces any water rights re4 served or appropriated by the United States in the 

5 State of Utah on or before the date of the enactment 

6 of this Act. 

7 (e) FISH AND WILDLIFE.—Nothing in this title af8 fects the jurisdiction of the State of Utah with respect 

9 to the management of fish and wildlife in the State. 

10 (f) EMERGENCY RESPONSE.—Nothing in this title al11 ters the authority or responsibility of any party with re12 spect to emergency response activities within the Indian 

13 Creek National Monument, including wildfire response. 

14 (g) OVERFLIGHTS.—Nothing in this title shall pre15 clude overflights of military aircraft, the designation of 

16 special-use airspace, or the use or establishment of mili17 tary flight training routes over the Indian Creek National 

18 Monument. 

19 (h) TRIBAL RIGHTS.—Nothing in this title affects the 

20 rights of any federally recognized Indian Tribe or any 

21 treaty right. 

22 SEC. 205. INDIAN CREEK MANAGEMENT COUNCIL. 

23 (a) DUTIES.—The Indian Creek Management Coun24 cil shall— 


sradovich on DSK3GMQ082PROD with BILLS
35 

•HR 4532 IH

1 (1) develop and implement the comprehensive 

2 management plan required by section 203; and 

3 (2) regularly and meaningfully engage with the 

4 Bears Ears Commission regarding the management 

5 of the Indian Creek National Monument. 

6 (b) MEMBERSHIP.—The Indian Creek Management 

7 Council shall be composed of the following members ap8 pointed not later than 180 days after the date of the en9 actment of this Act by the President: 

10 (1) One individual from the Department of the 

11 Interior or the Department of Agriculture. 

12 (2) Four individuals, in consultation with the 

13 Congressional delegation from the State of Utah, 

14 who shall represent the following: 

15 (A) Two who are members of the San 

16 Juan County, Utah, Board of Commissioners. 

17 (B) One who is a representative of the ex18 ecutive branch of the State of Utah with rel19 evant expertise in the purposes of the Indian 

20 Creek National Monument. 

21 (C) One who is a member of a federally 

22 recognized Indian Tribe in the State of Utah. 

23 (c) QUALIFICATIONS.—Of the representatives ap24 pointed by the President under subsection (b)(2)— 


sradovich on DSK3GMQ082PROD with BILLS
36 

•HR 4532 IH

1 (1) none shall be employees of the Federal Gov2 ernment; 

3 (2) all shall be residents of the State of Utah. 

4 (d) TERMS.—The President shall appoint the mem5 bers of the Indian Creek Management Council under sub6 section (b)(2) for a term of five years, except that the 

7 President shall designate staggered terms for the members 

8 initially appointed to the Indian Creek Management Coun9 cil. The President may not reappoint a member to more 

10 than three consecutive terms. 

11 (e) VACANCIES.—The President shall fill Presi12 dentially appointed vacancies on the Indian Creek Man13 agement Council as soon as practicable after the vacancy 

14 has occurred. 

15 (f) COMPENSATION.—Non-Federal members of the 

16 Indian Creek Management Council shall serve without 

17 pay, except for reasonable travel expenses, including per 

18 diem in lieu of subsistence, at the rate authorized for em19 ployees of agencies under subchapter I of chapter 57 of 

20 title 5, United States Code, while away from their homes 

21 or regular places of business in the performance of duties 

22 for the Council. 

23 (g) CHAIR.—The members of the Indian Creek Man24 agement Council shall select the chair of the Indian Creek 

25 Management Council from one of the Presidentially apVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
37 

•HR 4532 IH

1 pointed representatives under subsection (b)(2) for a term 

2 beginning on the date of selection, and ending in five years 

3 or until the member’s term of office expires, whichever oc4 curs first. 

5 (h) ANNUAL INDIAN CREEK MANAGEMENT COUNCIL

6 REPORT.— 

7 (1) PUBLIC REPORT PUBLICATION.—Not later 

8 than September 30 of each year, the Indian Creek 

9 Management Council shall post a public report on 

10 the Forest Service, Bureau of Land Management, 

11 and any Indian Creek National Monument-affiliated 

12 websites maintained by the Indian Creek Manage13 ment Council. If the Indian Creek Management 

14 Council cannot meet the September 30 deadline in 

15 any year, on September 30 the Chair of the Indian 

16 Creek Management Council shall publicly post on 

17 the websites the reasons for such delay and the date 

18 on which the submission of the report is anticipated. 

19 (2) CONTENTS.—The report required by para20 graph (1) shall include— 

21 (A) a description of the actions of the In22 dian Creek Management Council to develop or 

23 implement the management plan for the Indian 

24 Creek National Monument; 


sradovich on DSK3GMQ082PROD with BILLS
38 

•HR 4532 IH

1 (B) the recommendations made by the 

2 State, local entities, the Bears Ears Commis3 sion, the Indian Creek Archaeological Resources 

4 Protection Unit, affected Indian Tribes, and the 

5 public to the Indian Creek Management Council 

6 during the preceding year and actions taken by 

7 the Indian Creek Management Council as a re8 sult of the recommendations; and 

9 (C) an accounting of the expenses of the 

10 Indian Creek Management Council. 

11 (i) STAFF ASSISTANCE.—The Indian Creek Manage12 ment Council may request administrative staff assistance 

13 from Federal employees under the jurisdiction of the Sec14 retary of the Interior or the Secretary of Agriculture. 

15 (j) MEETINGS.— 

16 (1) FREQUENCY.—The Indian Creek Manage17 ment Council shall meet at the call of the Chair or 

18 a majority of the members. Meetings shall be held 

19 no less than once each calendar year. A majority 

20 must be present to constitute a quorum to con21 ducting an official meeting of the Indian Creek Man22 agement Council. 

23 (2) ANNOUNCEMENT; OPEN MEETINGS.—All 

24 meetings of the Indian Creek Management Council 

25 shall be announced not less than one week in adVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
39 

•HR 4532 IH

1 vance in publications of general circulation and shall 

2 be open to the public. 

3 SEC. 206. BEARS EARS COMMISSION. 

4 In addition to its duties under title I, the Bears Ears 

5 Commission established under section 106 shall advise the 

6 Indian Creek Management Council as provided in this 

7 title. 

8 SEC. 207. ARCHAEOLOGICAL RESOURCES PROTECTION. 

9 (a) INDIAN CREEK ARCHAEOLOGICAL RESOURCES

10 PROTECTION UNIT.— 

11 (1) ESTABLISHMENT.—The Indian Creek Man12 agement Council shall establish and maintain a In13 dian Creek Archaeological Resources Protection Unit 

14 (which may be the same Unit as authorized under 

15 section 107) to provide technical and other specific 

16 assistance to help protect, conserve, and enhance the 

17 unique and nationally important historic, sacred, 

18 cultural, scientific, scenic, archaeological, natural, 

19 and educational resources in the Indian Creek Na20 tional Monument. 

21 (2) MEMBERSHIP.—Not later than 210 days 

22 after the date of the enactment of this Act, the In23 dian Creek Management Council shall appoint 9 in24 dividuals to the Indian Creek Archaeological Re25 sources Protection Unit as follows: 


sradovich on DSK3GMQ082PROD with BILLS
40 

•HR 4532 IH

1 (A) Five individuals with expertise in pre2 serving Tribal relics, artifacts, or other sacred 

3 Tribal sites and objects. 

4 (B) One individual with expertise in the 

5 preservation of archaeological resources in fed6 erally protected areas. 

7 (C) One individual with expertise in pro8 tecting scenic and natural resources. 

9 (D) One individual representing a scientific 

10 or educational institution in the State of Utah. 

11 (E) One individual with historic preserva12 tion expertise in the State of Utah. 

13 (3) DUTIES.—The Indian Creek Archaeological 

14 Resources Protection Unit shall— 

15 (A) advise the Indian Creek Management 

16 Council on ways to protect, conserve, and en17 hance the unique and nationally important rec18 reational, historic, sacred, cultural, scientific, 

19 scenic, archaeological, natural, and educational 

20 resources in the Indian Creek National Monu21 ment; 

22 (B) recommend educational materials and 

23 signage informing visitors of the unique and na24 tionally important recreational, historic, sacred, 

25 cultural, scientific, scenic, archaeological, natVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
41 

•HR 4532 IH

1 ural, and educational resources in the Indian 

2 Creek National Monument; 

3 (C) recommend educational materials or 

4 signage to prevent the destruction, degradation, 

5 vandalism, or looting of sites within the Indian 

6 Creek National Monument; and 

7 (D) not later than 60 days after its estab8 lishment under paragraph (2), submit to the In9 dian Creek Management Council information 

10 regarding— 

11 (i) sites located within the Indian 

12 Creek National Monument at high risk of 

13 destruction, degradation, vandalism, or 

14 looting; 

15 (ii) specific actions to eliminate, pre16 vent, or minimize destruction, degradation, 

17 vandalism, and looting within Indian Creek 

18 National Monument; and 

19 (iii) suggestions for additional admin20 istrative or other actions to help eliminate, 

21 prevent, or minimize destruction, degrada22 tion, vandalism, or looting within Indian 

23 Creek National Monument. 

24 (4) TERMS.— 


sradovich on DSK3GMQ082PROD with BILLS
42 

•HR 4532 IH

1 (A) IN GENERAL.—Members of the Indian 

2 Creek Archaeological Resources Protection Unit 

3 shall serve a term of 5 years beginning on the 

4 date of appointment, except that the Indian 

5 Creek Management Council shall designate 

6 staggered terms for the members initially ap7 pointed to Indian Creek Archaeological Re8 sources Protection Unit. 

9 (B) VACANCIES.—The Indian Creek Man10 agement Council shall make appointments to fill 

11 vacancies on the Indian Creek Archaeological 

12 Resources Protection Unit as soon as prac13 ticable after the vacancy has occurred. 

14 (C) COMPENSATION.—Members of the In15 dian Creek Archaeological Resources Protection 

16 Unit shall serve without pay, except for reason17 able travel expenses, including per diem in lieu 

18 of subsistence, at the rate authorized for em19 ployees of agencies under subchapter I of chap20 ter 57 of title 5, United States Code, while 

21 away from their homes or regular places of 

22 business in the performance of duties for the 

23 Unit. 

24 (D) STAFF ASSISTANCE.—The Indian 

25 Creek Archaeological Resources Protection Unit 


sradovich on DSK3GMQ082PROD with BILLS
43 

•HR 4532 IH

1 may request administrative staff assistance 

2 from Federal employees under the jurisdiction 

3 of the Secretary of the Interior or the Secretary 

4 of Agriculture or State employees under the ju5 risdiction of the State of Utah. 

6 (E) MEETINGS.—The Indian Creek Ar7 chaeological Resources Protection Unit shall 

8 meet at the call of the Indian Creek Manage9 ment Council or a majority of its members. 

10 Meetings shall be held not less than once per 

11 calendar year. A majority must be present to 

12 constitute a quorum for the purpose of con13 ducting an official meeting of the Indian Creek 

14 Archaeological Resources Protection Unit. 

15 SEC. 208. ENHANCED RESOURCE PROTECTION CAPABILI16 TIES IN THE INDIAN CREEK NATIONAL MONU17 MENT. 

18 (a) ENHANCED ENFORCEMENT CAPABILITY.— 

19 (1) ENFORCEMENT.—The Secretary of the In20 terior and the Secretary of Agriculture shall assign 

21 not less than 10 law enforcement personnel to pro22 tect the unique and nationally important rec23 reational, historic, sacred, cultural, scientific, scenic, 

24 archaeological, natural, and educational resources of 

25 Indian Creek National Monument and its surVerDate Sep 11 2014 21:54 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4532.IH H4532

sradovich on DSK3GMQ082PROD with BILLS
44 

•HR 4532 IH

1 rounding area, consistent with the management plan 

2 developed under section 203(b). 

3 (2) PLAN COMPLIANCE.—The Secretary of the 

4 Interior and the Secretary of Agriculture shall each 

5 ensure the law enforcement personnel perform the 

6 duties under paragraph (1) consistent with the man7 agement plan developed under section 203(b). 

8 (b) MEMORANDA OF UNDERSTANDING.—The Sec9 retary of the Interior and the Secretary of Agriculture 

10 shall each enter into memoranda of understanding or co11 operative agreements with local or State law enforcement 

12 entities to perform the duties described in subsection 

13 (a)(1). 

14 SEC. 209. SCIENTIFIC RESEARCH TO FURTHER PURPOSE 

15 OF INDIAN CREEK NATIONAL MONUMENT. 

16 The Secretary of the Interior and the Secretary of 

17 Agriculture may enter into memoranda of understanding 

18 or cooperative agreements with educational institutions or 

19 other entities with expertise in archaeological, historical, 

20 or natural science fields to conduct scientific research in 

21 the Indian Creek National Monument to aid in the devel22 opment or implementation of the management plan re23 quired in section 203(b). 


sradovich on DSK3GMQ082PROD with BILLS
45 

•HR 4532 IH

1 SEC. 210. FEDERAL LAND MANAGER ADHERENCE. 

2 Federal land managers employed by the Bureau of 

3 Land Management or the Forest Service and working in 

4 the Indian Creek National Monument shall adhere to the 

5 management plan created by the Indian Creek Manage6 ment Council under section 203(b). 

7 TITLE III—UTAH PUBLIC 

8 SCHOOL TRUST LAND CER9 TAINTY 

10 SEC. 301. DEFINITIONS. 

11 In this title: 

12 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

13 means the lands identified on the Map as ‘‘Federal 

14 Land Proposed to Transfer to SITLA’’ administered 

15 by the Bureau of Land Management. 

16 (2) MAP.—The term ‘‘Map’’ means the map 

17 prepared by the Bureau of Land Management enti18 tled ‘‘State and Federal Land Exchange Map’’ dated 

19 lllll. 

20 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the lands identified on the Map as 

22 ‘‘State Trust Land Proposed for Transfer to United 

23 States’’ in San Juan County, Utah, as generally de24 picted on the Map. 

25 (4) PERMITTED EXISTING USES.—The term 

26 ‘‘permitted existing uses’’ means any use authorized 


sradovich on DSK3GMQ082PROD with BILLS
46 

•HR 4532 IH

1 under the applicable Bureau of Land Management 

2 Resource Management Plan. 

3 (5) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

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

6 of Utah, acting as trustee under the Utah State 

7 School and Institutional Trust Lands Management 

8 Act (Utah Code Ann. 53C–1–101 et seq.) through 

9 the Utah School and Institutional Trust Lands Ad10 ministration. 

11 SEC. 302. EXCHANGE OF LAND TO BENEFIT THE UTAH PUB12 LIC SCHOOL TRUST. 

13 (a) IN GENERAL.—If the State offers to convey to 

14 the Secretary all right, title, and interest of the State in 

15 and to all or part of the non-Federal land, the Secretary 

16 shall— 

17 (1) accept the offer; and 

18 (2) on receipt of all right, title, and interest in 

19 and to the non-Federal land, convey to the State (or 

20 a designee) all right, title, and interest of the United 

21 States in and to all or part of the Federal land on 

22 an equal value basis. 

23 (b) APPLICABLE LAW.— 

24 (1) IN GENERAL.—The land exchange shall be 

25 subject to section 206 of the Federal Land Policy 


sradovich on DSK3GMQ082PROD with BILLS
47 

•HR 4532 IH

1 and Management Act of 1976 (43 U.S.C. 1716) and 

2 other applicable law. 

3 (2) LAND USE PLANNING.—The Secretary shall 

4 not be required to undertake any additional land use 

5 planning under section 202 of the Federal Land Pol6 icy and Management Act of 1976 (43 U.S.C. 1712) 

7 before the conveyance of the Federal land under this 

8 title. 

9 (c) JOINT SELECTION REQUIRED.—The Secretary 

10 and State shall jointly select which parcels of Federal land 

11 to exchange under subsection (a). 

12 (d) VALID EXISTING RIGHTS.—The exchange au13 thorized under subsection (a) shall be subject to valid ex14 isting rights and permitted existing uses. 

15 (e) TITLE APPROVAL.—Title to the Federal land and 

16 non-Federal land to be exchanged under this title shall 

17 be in a format acceptable to the Secretary and the State. 

18 (f) CONSULTATION WITH TRIBES.—The Secretary 

19 shall consult with any federally recognized Indian Tribe 

20 in the vicinity of the Federal land and the non-Federal 

21 land to be exchanged under this title before the completion 

22 of the land exchange. 

23 (g) MAP AND LEGAL DESCRIPTIONS.—As soon as 

24 practicable after the date of the enactment of this Act, 

25 the Secretary shall finalize a map and legal descriptions 


sradovich on DSK3GMQ082PROD with BILLS
48 

•HR 4532 IH

1 of all land to be conveyed under this Act. The Secretary 

2 may correct any minor errors in the map or in the legal 

3 descriptions. The map and legal descriptions shall be on 

4 file and available for public inspection in appropriate field 

5 offices of the Bureau of Land Management. 

6 (h) COSTS OF CONVEYANCE.—Except as provided in 

7 section 303(a)(5), as a condition of conveyance, any costs 

8 related to the exchanges shall be allocated in accordance 

9 with section 206(f)(2)(B) of the Federal Land Policy and 

10 Management Act of 1976 (43 U.S.C. 1716(f)(2)(B)). 

11 (i) ADMINISTRATION.—Subject to valid existing 

12 rights and permitted existing uses, at the completion of 

13 each exchange of Federal land and non-Federal land 

14 under this title the non-Federal land shall be— 

15 (1) added to the Shash Ja ́a National Monument 

16 or the Indian Creek National Monument, as appro17 priate, if located within the exterior boundary of the 

18 Shash Ja ́a National Monument or the Indian Creek 

19 National Monument; and 

20 (2) administered in accordance with— 

21 (A) this Act; 

22 (B) the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

24 (C) other applicable laws and regulations. 


sradovich on DSK3GMQ082PROD with BILLS
49 

•HR 4532 IH

1 (j) DEADLINE.—The land exchange under this title 

2 shall be completed as expeditiously as possible. 

3 SEC. 303. EQUAL VALUE LAND EXCHANGES AND APPRAIS4 ALS. 

5 (a) APPRAISALS.— 

6 (1) IN GENERAL.—The values of the lands to 

7 be exchanged under this title shall be determined by 

8 appraisals conducted by one or more independent 

9 and qualified appraisers. 

10 (2) STATE APPRAISER.—The Secretary and the 

11 State may agree to use an independent and qualified 

12 appraiser retained by the State, with the consent of 

13 the Secretary. 

14 (3) APPLICABLE LAW.—The appraisals shall be 

15 conducted in accordance with nationally recognized 

16 appraisal standards, including, as appropriate, the 

17 Uniform Appraisal Standards for Federal Land Ac18 quisitions and the Uniform Standards of Profes19 sional Appraisal Practice. 

20 (4) APPROVAL.—An appraisal conducted under 

21 this title shall be submitted to the Secretary and the 

22 State for approval. 

23 (5) COST OF APPRAISAL.—The cost of an ap24 praisal conducted under this title shall be paid in 

25 equal shares by the Secretary and the State. If the 


sradovich on DSK3GMQ082PROD with BILLS
50 

•HR 4532 IH

1 State retains an appraiser under paragraph (2), the 

2 Secretary shall reimburse the State 50 percent of 

3 the costs incurred by the State. 

4 (6) MINERALS.— 

5 (A) MINERAL REPORTS.—The appraisals 

6 required under paragraph (1) may take into ac7 count mineral and technical reports provided by 

8 the Secretary and the State in the evaluation of 

9 minerals in the Federal land and non-Federal 

10 land. 

11 (B) MINING CLAIMS.—Federal land that is 

12 encumbered by a mining or millsite claim lo13 cated under sections 2318 through 2352 of the 

14 Revised Statues (commonly known as the ‘‘Min15 ing Law of 1872’’; 30 U.S.C. 21 et seq.) shall 

16 be appraised in accordance with standard ap17 praisal practices, including, as appropriate, the 

18 Uniform Appraisal Standards for Federal Land 

19 Acquisition. 

20 (7) DURATION.—An appraisal conducted under 

21 paragraph (1) shall remain valid for 3 years after 

22 the date on which the appraisal is approved by the 

23 Secretary and the State. 

24 (b) EQUALIZATION.— 


sradovich on DSK3GMQ082PROD with BILLS
51 

•HR 4532 IH

1 (1) SURPLUS OF FEDERAL LAND.—If the final 

2 appraised value of the Federal land exceeds the final 

3 appraised value of the non-Federal land to be ex4 changed under this title, the value of the Federal 

5 land and non-Federal land shall be equalized— 

6 (A) by conveying additional non-Federal 

7 land in the State to the Secretary, subject to 

8 the approval of the Secretary; or 

9 (B) by using a combination of the methods 

10 described in paragraphs (2) and (3). 

11 (2) SURPLUS OF NON-FEDERAL LAND.—If the 

12 final appraised value of the non-Federal land ex13 ceeds the final appraised value of the Federal land 

14 to be exchanged under this title, the value of the 

15 Federal land and non-Federal land shall be equal16 ized by the State adjusting the acreage of the non17 Federal land to be conveyed 

18 (3) AMOUNT OF PAYMENT.—Notwithstanding 

19 section 206(b) of the Federal Land Policy and Man20 agement Act of 1976 (43 U.S.C. 1716(b)), the Sec21 retary may accept a payment under paragraph (1) 

22 in excess of 25 percent of the value of the Federal 

23 land conveyed. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS