I 

117TH CONGRESS 

2D SESSION H. R. 6451 

To establish the Chiricahua National Park in the State of Arizona as a 

unit of the National Park System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2022 

Mrs. KIRKPATRICK introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish the Chiricahua National Park in the State of 

Arizona as a unit of the National Park System, 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 ‘‘Chiricahua National 

5 Park Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Tribal commission established under sec10 tion 4(c). 


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

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

3 Indian Self-Determination and Education Assistance 

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

5 (3) MONUMENT.—The term ‘‘Monument’’ 

6 means the Chiricahua National Monument estab7 lished by Presidential Proclamation 1692 (54 U.S.C. 

8 320301 note; 43 Stat. 1946). 

9 (4) NATIONAL PARK.—The term ‘‘National 

10 Park’’ means the Chiricahua National Park estab11 lished by section 3(a). 

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

13 the Secretary of the Interior. 

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

15 of Arizona. 

16 SEC. 3. DESIGNATION OF CHIRICAHUA NATIONAL PARK. 

17 (a) IN GENERAL.—To protect, preserve, and inter18 pret the rhyolitic rock formations, biodiversity, and other 

19 natural and cultural resources of the area, the Chiricahua 

20 National Monument in the State shall be known and des21 ignated as the ‘‘Chiricahua National Park’’. 

22 (1) INCORPORATION.—The land and any inter23 est in land that constitute the Monument (as in ex24 istence on the day before the date of the enactment 


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1 of this Act) are incorporated in, and shall be consid2 ered to be part of, the National Park. 

3 (2) AVAILABILITY OF FUNDS.—Any funds avail4 able for the Monument shall be available for the Na5 tional Park. 

6 (b) BOUNDARIES.— 

7 (1) IN GENERAL.—The boundaries of the Na8 tional Park are as generally depicted on the map en9 titled ‘‘Chiricahua National Park Proposed Bound10 ary’’, numbered 145/156,356, and dated March 

11 2021. 

12 (2) AVAILABILITY OF MAP.—The map shall be 

13 on file and available for public inspection in the ap14 propriate offices of the National Park Service. 

15 (c) REFERENCES.— 

16 (1) IN GENERAL.—Any reference in a law, map, 

17 regulation, document, paper, or other record of the 

18 United States to the ‘‘Chiricahua National Monu19 ment’’ shall be deemed to be a reference to the 

20 ‘‘Chiricahua National Park’’. 

21 (2) WILDERNESS.—Any reference in a law, 

22 map, regulation, document, paper, or other record of 

23 the United States to the ‘‘Chiricahua National 

24 Monument Wilderness’’ designated by Public Law 

25 94–567 (16 U.S.C. 1132 note; 90 Stat. 2692) shall 


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1 be considered to be a reference to the ‘‘Chiricahua 

2 National Park Wilderness’’. 

3 (3) ADMINISTRATION.—The Secretary shall ad4 minister the Park in accordance with— 

5 (A) this Act; and 

6 (B) the laws generally applicable to units 

7 of the National Park System. 

8 SEC. 4. MANAGEMENT OF CHIRICAHUA NATIONAL PARK. 

9 (a) TRADITIONAL CULTURAL AND RELIGIOUS

10 SITES.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with Indian Tribes, shall ensure the protection 

13 of traditional cultural and religious sites in the Na14 tional Park. 

15 (2) ACCESS.—The Secretary, in accordance 

16 with Public Law 95–341 (commonly known as the 

17 ‘‘American Indian Religious Freedom Act’’; 42 

18 U.S.C. 1996 et seq.) shall ensure access to the sites 

19 described in paragraph (1) by members of Indian 

20 Tribes for traditional, cultural, religious, and cus21 tomary uses. 

22 (3) TEMPORARY CLOSURES.— 

23 (A) IN GENERAL.—In carrying out this 

24 section, the Secretary, on request of an Indian 

25 Tribe, may temporarily close to the general 


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1 public one or more specific portions of the Na2 tional Park to protect traditional cultural and 

3 customary uses in the area by members of the 

4 Indian Tribe. 

5 (B) REQUIREMENT.—Any closure under 

6 subparagraph (A) shall be— 

7 (i) made in such a manner as to affect 

8 the smallest practicable area for the min9 imum time necessary for the activity to be 

10 carried out; and 

11 (ii) be consistent with the purpose and 

12 intent of Public Law 95–341 (commonly 

13 known as the ‘‘American Indian Religious 

14 Freedom Act’’; 42 U.S.C. 1996) and the 

15 Wilderness Act (16 U.S.C. 1131 et seq.). 

16 (b) COLLECTION OF PLANTS AND MINERAL RE17 SOURCES BY MEMBERS OF CULTURALLY AFFILIATED IN18 DIAN TRIBES.— 

19 (1) IN GENERAL.—The Secretary shall allow an 

20 enrolled member of any Indian Tribe that is cul21 turally affiliated with the land located within the 

22 boundaries of the National Park to collect plants, in23 cluding parts or products of plants, and mineral re24 sources within the National Park for noncommercial 

25 traditional, religious, customary, and cultural uses. 


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1 (2) APPLICATION.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), a collection activity under 

4 paragraph (1) shall be— 

5 (i) consistent with applicable laws; 

6 and 

7 (ii) subject to such conditions as the 

8 Secretary determines to be necessary to 

9 protect the resources and values of the Na10 tional Park. 

11 (B) QUANTITY LIMITATIONS.— 

12 (i) EXISTING REGULATIONS.—No 

13 quantity limitation contained in a regula14 tion of the National Park Service in effect 

15 on the date of the enactment of this Act 

16 shall apply to a collection activity under 

17 paragraph (1). 

18 (ii) LIMITATIONS IMPOSED BY SEC19 RETARY.—The Secretary may limit the 

20 quantity of plants, including parts or prod21 ucts of plants, and mineral resources col22 lected under paragraph (1) if the Secretary 

23 determines, through consultation with the 

24 Commission, that the limitation is necVerDate Sep 11 2014 17:10 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6451.IH H6451

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1 essary to protect the resources and values 

2 of the National Park. 

3 (c) TRIBAL COMMISSION.— 

4 (1) IN GENERAL.—To ensure that the manage5 ment of the National Park reflects the expertise and 

6 traditional and historical knowledge of members of 

7 applicable Indian Tribes, the Secretary shall estab8 lish a Tribal commission for the National Park. 

9 (2) PURPOSE.—The commission shall provide 

10 guidance and recommendations on the development 

11 and implementation of the management plans for, 

12 and the policies of, the National Park. 

13 (3) MEMBERSHIP.—The commission shall con14 sist of 1 representative designated by the governing 

15 body of each Indian Tribe with a historical associa16 tion with the area within the boundaries of the Na17 tional Park. 

18 (4) INCORPORATION OF RECOMMENDATIONS.— 

19 In developing plans and policies for the National 

20 Park, the Secretary shall carefully and fully consider 

21 incorporating the traditional and historical knowl22 edge and special expertise of members of the com23 mission or a comparable entity. 

24 (5) WRITTEN EXPLANATION.—If the Secretary 

25 determines not to incorporate a specific recVerDate Sep 11 2014 17:10 Feb 01, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6451.IH H6451

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1 ommendation submitted to the Secretary in writing 

2 by the commission, the Secretary shall provide to the 

3 commission a written explanation of the reason for 

4 the determination. 

5 (d) WITHDRAWAL FROM FEDERAL MINING AND

6 MINERAL LEASING LAWS.— 

7 (1) WITHDRAWAL.—Subject to valid existing 

8 rights in effect on the date of the enactment of this 

9 Act, the land located within the boundaries of the 

10 National Park is withdrawn from— 

11 (A) location, entry, and patent under the 

12 mining laws; and 

13 (B) disposition under all laws pertaining to 

14 mineral and geothermal leasing. 

15 (2) ACQUIRED LAND.—Any land or interest in 

16 land that is acquired by the United States after the 

17 date of the enactment of this Act for inclusion in the 

18 National Park, shall, on acquisition, be immediately 

19 withdrawn in accordance with this subsection. 

20 (3) EFFECT.—Nothing in this subsection af21 fects any recreational use, including hunting or fish22 ing, that is authorized on the land within the bound23 aries of the National Park under applicable law as 

24 of the date of the enactment of this Act. 

Æ 


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