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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5660 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5660

To provide for the protection of natural and cultural resources, Tribal 
 collaborative management, sustainable economic development, enhanced 
 recreation, and equitable access on Federal lands in eastern Imperial 
      and Riverside counties, California, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2023

   Mr. Ruiz introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
To provide for the protection of natural and cultural resources, Tribal 
 collaborative management, sustainable economic development, enhanced 
 recreation, and equitable access on Federal lands in eastern Imperial 
      and Riverside counties, 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 ``Chuckwalla National Monument 
Establishment and Joshua Tree National Park Expansion Act of 2023''.

SEC. 2. CHUCKWALLA NATIONAL MONUMENT TRIBAL COMMISSION.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a commission, to 
be known as the ``Chuckwalla National Monument Tribal Commission''.
    (b) Membership.--
            (1) Makeup.--The Commission shall include a representative 
        from each culturally affiliated Tribe.
            (2) Process.--The Secretary shall conduct government-to-
        government consultation with each culturally affiliated tribe 
        to determine the membership of the Commission.
    (c) Duties.--
            (1) Duties of the commission.--The Commission shall inform 
        and provide input to the development and implementation of the 
        management plan alongside federal agencies.
            (2) Duties of the secretary.--The Secretary shall--
                    (A) ensure the Commission is equitably involved in 
                the development and implementation of the management 
                plan and the subsequent management of the Monument;
                    (B) incorporate into the management plan--
                            (i) the traditional and historical 
                        knowledge and special expertise of the 
                        Commission; and
                            (ii) public education and interpretation 
                        for traditional place names and the cultural 
                        significance of lands within the Monument, as 
                        the Secretary and the Commission determine to 
                        be appropriate; and
                            (iii) address funding, capacity building, 
                        infrastructure for Tribes.
    (d) Procedures.--The Commission shall establish such rules and 
procedures for the Commission as the Commission determines to be 
necessary or desirable.

SEC. 3. CHUCKWALLA NATIONAL MONUMENT ADVISORY COMMITTEE.

    (a) Establishment.--Not less than 180 days after the date of 
enactment of this Act, the Secretary shall establish an advisory 
council, to be known as the ``Chuckwalla National Monument Advisory 
Council''.
    (b) Duties.--The advisory council shall advise the Secretary with 
respect to the preparation of the management plan for the Monument.
    (c) Applicable Law.--The advisory council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.);
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) all other applicable law.
    (d) Members.--The advisory council shall include 19 members, to be 
appointed by the Secretary, of whom, to the extent practicable--
            (1) one member shall be appointed after considering the 
        recommendations of the Riverside County Board of Supervisors;
            (2) one member shall be appointed after considering the 
        recommendations of the Imperial County Board of Supervisors;
            (3) one member shall be appointed after considering the 
        recommendations of the Secretary of the California Natural 
        Resources Agency; and
            (4) nine members shall reside in, or within reasonable 
        proximity to, Riverside or Imperial counties with backgrounds 
        that reflect--
                    (A) the purposes specified in section 4(b); and
                    (B) the interest of persons affected by the 
                planning and management of the National Monument, 
                including persons representing private land-ownership, 
                non-governmental organizations managing lands for 
                conservation purposes, and environmental, recreational, 
                tourism, or other non-Federal land interests.
    (e) Representation.--The Secretary shall ensure that the membership 
of the advisory council is fairly balanced in terms of the points of 
view represented and the functions to be performed by the advisory 
council.
    (f) Terms.--
            (1) Staggered terms.--Members of the advisory council shall 
        be appointed for terms of three years, except that, of the 
        members first appointed, five of the members shall be appointed 
        for a term of one year and five of the members shall be 
        appointed for a term of two years.
            (2) Reappointment.--A member may be reappointed to serve on 
        the advisory council upon the expiration of the member's 
        current term.
            (3) Vacancy.--A vacancy on the advisory council shall be 
        filled in the same manner as the original appointment.
    (g) Quorum.--A quorum shall be eight members of the advisory 
council. The operations of the advisory council shall not be impaired 
by the fact that a member has not yet been appointed as long as a 
quorum has been attained.
    (h) Chairperson and Procedures.--The advisory council shall elect a 
chairperson and establish such rules and procedures as it deems 
necessary or desirable.
    (i) Service Without Compensation.--Members of the advisory council 
shall serve without pay.
    (j) Termination.--The advisory committee shall cease to exist on 
the date that the management plan is officially adopted by the 
Secretary unless the Secretary determines to extend the advisory 
committee.

SEC. 4. EXPANSION OF JOSHUA TREE NATIONAL PARK.

    Section 402 of the California Desert Protection Act of 1994 (Public 
Law 103-433) is amended by inserting ``and the approximately 20,005 
acres on the map entitled `Proposed Chuckwalla National Monunment' and 
dated September 20, 2023,'' after ``October 1991 or prior,''.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) State.--The term ``State'' means the State of 
        California.
            (3) Indian tribe.--The term ``Indian tribe'' means the 
        governing body of any Indian tribe, band, nation, pueblo, 
        village, community, component band, or component reservation 
        individually identified (including parenthetically) on the list 
        published by the Secretary under section 104 of the Federally 
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
            (4) Management plan.--The term ``management plan'' means 
        the management plan prepared under section 4(c)(10).
            (5) Map.--The term ``Map'' means the map titled ``Proposed 
        Chuckwalla National Monument'' and dated September 20, 2023.
            (6) Monument.--The term ``Monument'' means the Chuckwalla 
        National Monument established by section 4(a).
            (7) Commission.--The term ``commission'' means the 
        Chuckwalla National Monument Tribal Commission established by 
        section 6(a).
            (8) Advisory council.--The term ``advisory council'' means 
        the Chuckwalla National Monument Advisory Council established 
        by section 7(a).
            (9) Desert renewable energy conservation plan.--The term 
        ``desert renewable energy conservation plan'' means the Record 
        of Decision for the Desert Renewable Energy Conservation Plan 
        Land Use Plan Amendment to the California Desert Conservation 
        Plan, Bishop Resource Management Plan, and Bakersfield Resource 
        Management Plan by the Bureau of Land Management, dated 
        September 2016, as amended.

SEC. 6. FINDINGS.

    Congress finds that the lands designated as the Chuckwalla National 
Monument--
            (1) are the ancestral homelands of numerous Tribes 
        including the Iviatim, Kwatsaan, Maara'yam, Nuwu, and Pipa Aha 
        Macav peoples, which include today's Cahuilla, Chemehuevi, 
        Mojave, Quechan, and Serrano nations and--
                    (A) continue to be regularly accessed and utilized 
                by these same Tribes today;
                    (B) will continue to be used by the Tribes in the 
                future;
                    (C) contain a complex trail system established by 
                Native Americans for various uses including spiritual 
                travel, trade, communication, and which connects to 
                regions outside of the Monument boundaries, including 
                Avi Kwa Ame;
                    (D) include sacred sites, historic properties, 
                traditional cultural places and cultural landscapes, 
                sacred items, objects of cultural patrimony, human 
                remains, religious sites, geoglyphs, petroglyphs, and 
                pictographs with significant value to the survival and 
                well-being of Tribal people and their knowledge 
                systems;
                    (E) plants, wildlife, water sources, and minerals 
                which are connected together as part of a greater 
                cultural landscape; and
                    (F) the associated Indian Tribes have a 
                longstanding relationship to the area, acting as its 
                stewards since time immemorial, with obligations to 
                care for the cultural, spiritual, and natural resources 
                provided to them by the land including sacred places, 
                plants, wildlife, water sources, and minerals;
            (2) have nationally significant biodiversity, given that 
        they are located in the transitional zone where the Sonoran and 
        Mojave Deserts come together;
            (3) are home to a wide variety of topography and elevation, 
        leading to distinct microclimates and ecosystems;
            (4) are largely intact, undeveloped, and adjacent to other 
        federally protected areas such as Joshua Tree National Park, 
        Indian Pass Wilderness, and the Palen/McCoy Wilderness;
            (5) are a refuge for over 150 plant species, many found 
        nowhere else, including--
                    (A) Munz's cholla, California's largest endemic 
                cacti, located on the Chuckwalla Bench;
                    (B) California fan palm, a plant managed and used 
                extensively by Tribal people for thousands of years 
                found in oases at Corn Springs, Mecca Hills Wilderness, 
                and elsewhere where tectonic movements allow 
                groundwater to seep up; and
                    (C) the triple-ribbed milk-vetch, listed as 
                endangered under the Endangered Species Act, as well as 
                other sensitive species including Emory's crucifixion 
                thorn and Mecca-aster;
            (6) host some of the most extensive microphyll woodlands 
        (small-leaf trees like ironwood and palo verde) in California 
        in places like Milpitas Wash, a habitat critical to the 
        survival of Tribal people, as well as many species including 
        the burro deer and migrating birds;
            (7) offer core habitat and essential migration pathways for 
        wildlife, including over 50 sensitive animal species, 
        including--
                    (A) critical habitat for the Agassiz's desert 
                tortoise, which is listed as threatened under the 
                Endangered Species Act;
                    (B) critical habitat for the desert bighorn sheep, 
                an iconic species with declining numbers;
                    (C) habitat in microphyll woodlands for large 
                numbers of resident and migratory birds, which is 
                crucial amid the otherwise major declines in bird 
                numbers recorded in North America over the last 50 
                years; and
                    (D) former habitat for the endangered Sonoran 
                pronghorn in the Chuckwalla Bench, the site of a multi-
                year reintroduction effort that is already underway;
            (8) offer important glimpses into key periods in regional 
        history, such as--
                    (A) the gold seekers who used an existing 
                Indigenous route to establish what is now the Bradshaw 
                Trail in the 1870s; and
                    (B) the invaluable training of more than one 
                million soldiers from across the United States when 
                these lands were part of the California-Arizona 
                Maneuver Area from 1942-1944;
            (9) provide outstanding outdoor recreation opportunities to 
        local communities and visitors alike, including hiking, 
        horseback riding, motorized vehicle use and mountain biking on 
        designated routes of travel, wildlife viewing, hunting, 
        climbing, rockhounding, picnicking, and camping; and
            (10) offer inexpensive access to public lands for 
        disadvantaged communities, including the farming and farm 
        laboring communities of the eastern Coachella Valley and Blythe 
        regions.

SEC. 7. DESIGNATION OF CHUCKWALLA NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Chuckwalla National Monument in the State, consisting 
of approximately 661,000 acres of Federal land administered by the 
Bureau of Land Management, as generally depicted on the Map.
    (b) Purposes.--The purpose of the Monument is to--
            (1) 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) provide for collaborative management with culturally 
        affiliated Tribes of Monument resources.
    (c) Management.--
            (1) In general.--The Secretary shall manage the Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the Monument;
                    (B) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this section; and
                            (iii) any other applicable law (including 
                        regulations);
                    (C) in collaboration with culturally affiliated 
                Tribes; and
                    (D) as a component of the National Landscape 
                Conservation System.
            (2) Uses.--The Secretary shall only allow uses of the 
        Monument that the Secretary determines would further the 
        purposes described in subsection (b).
            (3) Native american access and use.--
                    (A) Access.--The Secretary shall ensure access to 
                the Monument by members of an Indian tribe for 
                traditional cultural purposes and activities.
                    (B) Use.--In implementing this paragraph, the 
                Secretary, upon the request of an Indian tribe, may 
                temporarily close to the general public use of one or 
                more specific portions of the Monument in order to 
                protect the privacy of traditional cultural activities 
                in such areas by members of the Indian tribe. The 
                access and use provided under this paragraph shall be 
                consistent with the purpose and intent of Public Law 
                95-341 (42 U.S.C. 1996), commonly referred to as the 
                American Indian Religious Freedom Act.
            (4) Recreation.--The Secretary shall continue to authorize, 
        maintain, and enhance recreation in the Monument, including, 
        but not limited to, camping, hiking, backpacking, sightseeing, 
        nature study, horseback riding, hunting, hang gliding, 
        climbing, mountain biking and motorized recreation on 
        authorized routes, and the noncommercial collecting of rocks, 
        minerals, and semi-precious gemstones, so long as such 
        recreational use is consistent with the purposes specified in 
        section 4(b), this section, other applicable law (including 
        regulations), applicable management plans, and input from the 
        Commission regarding potential impacts to culturally sensitive 
        sites and resources.
            (5) Motorized vehicles.--
                    (A) In general.--Except in cases in which motorized 
                vehicles are needed for administrative purposes, or to 
                respond to an emergency, the use of motorized vehicles 
                in the Monument shall be permitted only on routes 
                designated by the management plan for the use of 
                motorized vehicles.
                    (B) Interim management.--
                            (i) Except as provided in clauses (ii) and 
                        (iii), until the completion of the management 
                        plan, the use of motorized vehicles in the 
                        Monument shall be permitted only on the routes 
                        displayed on the map entitled ``Chuckwalla 
                        National Monument Establishment and Joshua Tree 
                        National Park Expansion''.
                            (ii) Nothing in clause (i) prevents the 
                        Secretary from closing roads, trails, or areas 
                        to motorized vehicles to protect natural or 
                        cultural resources, or for public safety.
            (6) Grazing.--The Secretary shall not establish any new 
        allotments for livestock grazing that include any Monument land 
        (whether leased or not leased for grazing on the date of 
        enactment of this Act).
            (7) Existing easements and rights-of-way.--Nothing in this 
        Act shall be construed to preclude the renewal or assignment 
        of, or interfere with the operation, maintenance, replacement, 
        modification, upgrade, or access to, existing flood control, 
        utility, pipeline, and telecommunications facilities; roads or 
        highway corridors; seismic monitoring facilities; or other 
        water infrastructure, including wildlife water developments or 
        water district facilities, within or adjacent to an existing 
        authorization boundary. Existing flood control, utility, 
        pipeline, telecommunications, and seismic monitoring 
        facilities, and other water infrastructure, including wildlife 
        water developments or water district facilities, may be 
        expanded, and new facilities of such kind may be constructed, 
        to the extent consistent with the proper care and management of 
        the objects identified above and subject to the Secretary's 
        authorities and other applicable law.
            (8) Acquisition of valid existing rights.--The Secretary is 
        authorized to acquire through exchange, donation, or purchase 
        from a willing seller, mining claims or other valid existing 
        rights within the monument that the Secretary determines, after 
        consultation with the Commission or a culturally affiliated 
        Tribe, threatens cultural resources within the monument.
            (9) Withdrawal.--Subject to valid existing rights, all 
        Federal land located in the Monument is withdrawn from--
                    (A) all forms of entry, appropriation, and disposal 
                under the public land laws;
                    (B) location, entry, and patenting under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
            (10) Adjacent management.--
                    (A) In general.--The designation of this Monument 
                shall not create any protective perimeter or buffer 
                zone.
                    (B) Activities outside the monument.--The fact that 
                an activity or use on land outside the Monument can be 
                seen or heard within the Monument shall not of itself 
                preclude the activity or use outside the boundary of 
                the Monument.
            (11) Military activities.--Nothing in this Act precludes--
                    (A) low-level overflights of military aircraft over 
                the Monument;
                    (B) the designation of new units of special 
                airspace over the Monument;
                    (C) the use or establishment of military flight 
                training routes over the Monument; or
                    (D) the use of Federal lands within the Monument 
                for off-road or off-trail training pursuant to 
                agreements between the Secretary and the Department of 
                Defense.
            (12) Treaty rights.--Nothing in this Act alters, modifies, 
        enlarges, diminishes, or abrogates the treaty rights of any 
        Indian tribe, including off-reservation reserved rights.
            (13) Jurisdiction over fish and wildlife.--
                    (A) In general.--Nothing in this section 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) Regulations.--The Secretary may 
                        designate by regulation areas in which, and 
                        establish periods during which, for reasons of 
                        public safety, administration, or compliance 
                        with applicable laws, no hunting, fishing, or 
                        trapping will be permitted in the monument.
                            (ii) Consultation.--Except in emergencies, 
                        the Secretary shall consult with the 
                        appropriate State agency before promulgating 
                        regulations under subparagraph (A) that close a 
                        portion of the monument to hunting, fishing, or 
                        trapping.
            (14) Wildlife water development projects.--In accordance 
        with applicable law (including regulations), the Secretary may 
        authorize structures and facilities, including maintenance of 
        existing structures and facilities, for wildlife water 
        development projects, including guzzlers, in the Monument 
        designated by this Act if--
                    (A) the structures and facilities are necessary to 
                fulfill the purposes of the monument described in 
                subsection (b);
                    (B) the structures and facilities will, as 
                determined by the Secretary, promote healthy, viable, 
                and more naturally distributed wildlife populations; 
                and
                    (C) the visual impacts of the structures and 
                facilities on the Monument can reasonably be minimized.
            (15) Map; legal description.--
                    (A) In general.--As soon as practicable after the 
                date of enactment of this Act, the Secretary shall 
                submit to the Natural Resources Committee of the House 
                of Representatives and the Energy and Natural Resources 
                Committee of the Senate a map and legal description of 
                the Monument.
                    (B) Corrections.--The map and legal description 
                submitted under paragraph (1) 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, the map shall control.
                    (D) Availability of map and legal description.--
                Copies of the map and legal description shall be on 
                file and available for public inspection in the 
                appropriate offices of the Bureau of Land Management.
            (16) New rights-of-way.--Nothing in this Act prevents the 
        Secretary from approving new rights-of-way within the monument 
        that the Secretary determines, in consultation with applicable 
        State and local agencies and Tribes, are consistent with--
                    (A) this Act;
                    (B) applicable laws (including regulations);
                    (C) the Desert Renewable Energy Conservation Plan;
                    (D) the purposes of the Monument described in 
                section 4(b); and
                    (E) the management plan.
            (17) Management plan.--
                    (A) In general.--Not later than 3 years after the 
                date of enactment of this Act, the Secretary shall 
                develop a comprehensive plan for the long-term 
                management of the Monument.
                    (B) Tribal consultation.--The Secretary shall 
                consult with culturally affiliated Indian Tribes in--
                            (i) the development of the management plan; 
                        and
                            (ii) making management decisions relating 
                        to the National Monument.
                    (C) Other consultation.--In developing the 
                management plan, the Secretary shall also consult 
                with--
                            (i) appropriate State and local 
                        governmental entities;
                            (ii) the advisory council; and
                            (iii) members of the public.
                    (D) Requirements.--The management plan shall--
                            (i) assess opportunities to improve 
                        recreational opportunities within, and access 
                        to, the Monument in a manner that conserves, 
                        protects, and enhances Monument resources and 
                        furthers the purposes described in subsection 
                        (b);
                            (ii) incorporate traditional ecological 
                        knowledge; and
                            (iii) identify opportunities to interpret 
                        Monument resources for members of the public.
                    (E) Incorporation of plans.--In developing the 
                management plan, to the extent consistent with this 
                section, the Secretary may incorporate any provision of 
                an applicable land and resource management plan.
                    (F) Effect.--If there is a conflict between this 
                section and the Desert Renewable Energy Conservation 
                Plan, the more restrictive provision shall control.
            (18) Wildfire.--In accordance with this Act and applicable 
        law (including regulations), the Secretary may take any 
        measures within the monument that the Secretary determines to 
        be necessary to control fire, insects, and diseases, including, 
        as the Secretary determines appropriate, the coordination of 
        those activities with a State or local agency.
            (19) 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 shall--
                    (A) become part of the Monument;
                    (B) be withdrawn in accordance with paragraph (13); 
                and
                    (C) be managed in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this section; and
                            (iii) any other applicable law (including 
                        regulations).
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