I 

117TH CONGRESS 

2D SESSION H. R. 6751 

To establish the Avi Kwa Ame National Monument in the State of Nevada, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2022 

Ms. TITUS introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To establish the Avi Kwa Ame National Monument in the 

State of Nevada, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Avi Kwa Ame National 

5 Monument Establishment Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) The Federal public lands in southernmost 

9 Nevada comprise a nationally significant cultural 

10 and natural landscape. 


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1 (2) These lands are considered sacred by nu2 merous Indian Tribes, and the lands are tied to the 

3 Indian Tribes’ creation, cosmology, and well-being, 

4 containing numerous cultural sites and objects. 

5 (3) Avi Kwa Ame, or Spirit Mountain, located 

6 on the eastern edge of the proposed monument, is 

7 designated a Traditional Cultural Property on the 

8 National Register of Historic Places in recognition 

9 of its religious and cultural importance. 

10 (4) The lands showcase the progression of 

11 human history in the Eastern Mojave Desert, a lit12 eral crossroads of the American West. There are sig13 nificant elements of Native American, Western14 American, and Mining History, including the historic 

15 Mojave Trail/Road, originally used by Mojave and 

16 other Native Americans to transport goods from the 

17 southwest to trade with the Chumash and other 

18 coastal Tribes and later used in Western expansion, 

19 as well as the historic Walking Box Ranch which fig20 ures prominently in the history of movie making in 

21 America. 

22 (5) The lands contain several prominent geo23 logical features, such as the volcanic Highland 

24 Range within the northern section of the Avi Kwa 

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1 markably rugged and ragged. The multicolored vol2 canic peaks, several thousand feet in elevation, tower 

3 above the surrounding valley and are remarkably 

4 scenic and are a designated Crucial Bighorn Sheep 

5 Habitat area. 

6 (6) The lands are a rare biological hotspot that 

7 contain intact ecosystems, Joshua tree forests, out8 standing wildlife habitat, and essential wildlife mi9 gration corridors. 

10 (7) The remote nature of the area protects the 

11 ability to enjoy increasingly rare natural quiet and 

12 dark night sky and solitude. 

13 (8) The lands provide important recreational 

14 opportunities. 

15 (9) Establishing the Federal public lands within 

16 the Avi Kwa Ame landscape as a national monument 

17 will permanently protect these natural and cultural 

18 resources for the benefit and enjoyment of present 

19 and future generations. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ADVISORY COUNCIL.—The term ‘‘Advisory 

23 Council’’ means the Avi Kwa Ame National Monu24 ment Advisory Council established under section 

25 5(a). 


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

2 has the meaning given in section 4 of the Indian 

3 Self-Determination and Education Assistance Act 

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

5 (3) MANAGEMENT PLAN.—The term ‘‘manage6 ment plan’’ means the management plan prepared 

7 under section 4(d). 

8 (4) MAP.—The term ‘‘Map’’ means the map en9 titled ‘‘Avi Kwa Ame National Monument’’ and 

10 dated February 1, 2022. 

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

12 means the Avi Kwa Ame National Monument estab13 lished by section 4(a). 

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

15 the Secretary of the Interior. 

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

17 of Nevada. 

18 SEC. 4. AVI KWA AME NATIONAL MONUMENT. 

19 (a) ESTABLISHMENT.—Subject to valid existing 

20 rights, there is established the Avi Kwa Ame National 

21 Monument in the State, consisting of approximately 

22 445,000 acres of Federal land administered by the Bureau 

23 of Land Management, as generally depicted on the Map. 

24 (b) PURPOSES.—The purpose of the Monument is to 

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1 ment of present and future generations the cultural, eco2 logical, scenic, wildlife, recreational, dark sky, historical, 

3 natural, educational, and scientific resources of the Monu4 ment. 

5 (c) MANAGEMENT.— 

6 (1) IN GENERAL.—The Secretary shall manage 

7 the Monument— 

8 (A) in a manner that conserves, protects, 

9 and enhances the resources of the Monument; 

10 (B) in accordance with— 

11 (i) the Federal Land Policy and Man12 agement Act of 1976 (43 U.S.C. 1701 et 

13 seq.); 

14 (ii) this section; and 

15 (iii) any other applicable law (includ16 ing regulations); and 

17 (C) as a component of the National Land18 scape Conservation System. 

19 (2) USES.—The Secretary shall only allow uses 

20 of the Monument that the Secretary determines 

21 would further the purposes described in subsection 

22 (b). 

23 (3) NATIVE AMERICAN ACCESS AND USE.— 

24 (A) ACCESS.—To the extent practicable, 

25 the Secretary shall ensure access to the MonuVerDate Sep 11 2014 02:56 Feb 23, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6751.IH H6751

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1 ment by members of an Indian Tribe for tradi2 tional cultural purposes. 

3 (B) USE.— 

4 (i) IN GENERAL.—In implementing 

5 this subsection, the Secretary, upon the re6 quest of an Indian Tribe, may temporarily 

7 close to the general public use of one or 

8 more specific portions of the Monument in 

9 order to protect the privacy of traditional 

10 cultural activities in such areas by mem11 bers of the Indian Tribe. 

12 (ii) LIMITATION.—Any such closure 

13 shall be made to affect the smallest area 

14 practicable for the minimum period nec15 essary for such purposes. 

16 (C) AMERICAN INDIAN RELIGIOUS FREE17 DOM.—The access and use provided under this 

18 paragraph shall be consistent with the purpose 

19 and intent of Public Law 95–341 (42 U.S.C. 

20 1996), commonly referred to as the American 

21 Indian Religious Freedom Act, and, as applica22 ble, the Wilderness Act (16 U.S.C. 1131 et 

23 seq.). 

24 (4) MOTORIZED VEHICLES.— 


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1 (A) IN GENERAL.—Except in cases in 

2 which motorized vehicles are needed for admin3 istrative purposes, or to respond to an emer4 gency, the use of motorized vehicles in the 

5 Monument shall be permitted only on roads 

6 designated by the management plan required by 

7 subsection (d) for the use of motorized vehicles. 

8 (B) INTERIM MANAGEMENT.—Until the 

9 completion of the management plan, the use of 

10 motorized vehicles in the Monument shall be 

11 permitted in accordance with the applicable 

12 land use plan. 

13 (5) GRAZING.—The grazing of livestock in the 

14 Monument, where established before the date of the 

15 enactment of this Act, shall be permitted to con16 tinue— 

17 (A) subject to— 

18 (i) such reasonable regulations, poli19 cies, and practices as the Secretary con20 siders necessary; and 

21 (ii) applicable law (including regula22 tions); and 

23 (B) in a manner consistent with the pur24 poses described in subsection (b). 


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1 (6) WILDLIFE WATER PROJECTS.—The Sec2 retary, in consultation with the State, may authorize 

3 wildlife water projects (including guzzlers) within 

4 the Monument. 

5 (7) HUNTING, FISHING AND TRAPPING.— 

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

7 subparagraph (B), the Secretary shall allow 

8 hunting, fishing, and trapping on land and 

9 water within the Monument in accordance with 

10 applicable Federal and State law. 

11 (B) ADMINISTRATIVE EXCEPTIONS.—The 

12 Secretary may designate areas in which, and es13 tablish limited periods during which, no hunt14 ing, fishing, or trapping shall be allowed under 

15 subparagraph (A) for reasons of public safety, 

16 administration, or compliance with applicable 

17 law. 

18 (C) AGENCY AGREEMENT.—Except in an 

19 emergency, regulations closing areas within the 

20 Monument to hunting, fishing, or trapping 

21 under this paragraph shall be made in consulta22 tion with the appropriate agency of the State 

23 having responsibility for fish and wildlife ad24 ministration. 


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1 (D) SAVINGS CLAUSE.—Nothing in this 

2 subsection affects any jurisdiction or responsi3 bility of the State with respect to fish and wild4 life in the Monument. 

5 (d) MANAGEMENT PLAN.— 

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

7 the date of the enactment of this Act and in accord8 ance with paragraph (2), the Secretary shall develop 

9 a comprehensive plan for the long-term management 

10 of the Monument. 

11 (2) CONSULTATION.—In developing the man12 agement plan, the Secretary shall consult with— 

13 (A) other Federal land management agen14 cies in the area, including the National Park 

15 Service; 

16 (B) appropriate State, Tribal, and local 

17 governmental entities; and 

18 (C) members of the public. 

19 (3) INCORPORATION OF PLANS.—In developing 

20 the management plan, to the extent consistent with 

21 this Act, the Secretary may incorporate any provi22 sion of an applicable land and resource management 

23 plan. 

24 (e) INCORPORATION OF ACQUIRED LAND AND INTER25 ESTS.—Any land or interest in land within the boundary 


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1 of the Monument that is acquired by the United States 

2 shall— 

3 (1) become part of the Monument; 

4 (2) be withdrawn in accordance with subsection 

5 (f); and 

6 (3) be managed in accordance with— 

7 (A) the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

9 (B) this Act; and 

10 (C) any other applicable law (including 

11 regulations). 

12 (f) WITHDRAWAL.—Subject to valid existing rights, 

13 all Federal land located in the Monument is withdrawn 

14 from— 

15 (1) all forms of entry, appropriation, and dis16 posal under the public land laws; 

17 (2) location, entry, and patenting under the 

18 mining laws; and 

19 (3) operation of the mineral leasing, mineral 

20 materials, and geothermal leasing laws. 

21 (g) EASEMENTS AND RIGHTS-OF-WAY.— 

22 (1) IN GENERAL.—No new easements or rights23 of-way shall be conveyed on Federal lands within the 

24 Monument after the date of the enactment of this 

25 Act. 


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1 (2) EFFECT.—Nothing in this section precludes 

2 the Secretary from renewing easements or rights-of3 way in existence on the date of the enactment of this 

4 Act within the Monument in accordance with this 

5 Act and applicable law (including regulations). 

6 (h) MILITARY, LAW ENFORCEMENT, AND EMER7 GENCY OVERFLIGHTS.—Nothing in this section pre8 cludes— 

9 (1) low-level overflights of military, law enforce10 ment, or emergency medical services aircraft over 

11 the Monument; 

12 (2) flight testing and evaluation; and 

13 (3) the use or establishment of military, law en14 forcement, or emergency medical services flight 

15 training routes over the Monument. 

16 (i) NATIVE AMERICAN RIGHTS AND USES.— 

17 (1) IN GENERAL.—Nothing in this section al18 ters, modifies, enlarges, diminishes, or abrogates the 

19 treaty rights of any Indian Tribe, including off-res20 ervation reserved rights. 

21 (2) CONSULTATION.—The Secretary shall con22 sult with interested Indian Tribes— 

23 (A) in developing and carrying out the 

24 management plan; 


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1 (B) providing access under subsection 

2 (c)(3); and 

3 (C) to determine whether to charter an ad4 visory committee or otherwise formalize govern5 ment-to-government collaboration on the man6 agement of the Monument. 

7 (j) MAP; LEGAL DESCRIPTION.— 

8 (1) IN GENERAL.—As soon as practicable after 

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

10 shall prepare a map and legal description of the 

11 Monument. 

12 (2) CORRECTIONS.—The map and legal descrip13 tion submitted under paragraph (1) shall have the 

14 same force and effect as if included in this subtitle, 

15 except that the Secretary may correct any clerical or 

16 typographical errors in the legal description and the 

17 map. 

18 (3) CONFLICT BETWEEN MAP AND LEGAL DE19 SCRIPTION.—In the case of a conflict between the 

20 map and the legal description, the map shall control. 

21 (4) AVAILABILITY OF MAP AND LEGAL DE22 SCRIPTION.—Copies of the map and legal description 

23 shall be on file and available for public inspection in 

24 the appropriate offices of the Bureau of Land Man25 agement. 


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1 SEC. 5. AVI KWA AME NATIONAL MONUMENT ADVISORY 

2 COUNCIL. 

3 (a) ESTABLISHMENT.—Not later than 180 days after 

4 the date of the enactment of this Act, the Secretary shall 

5 establish an advisory council to be known as the ‘‘Avi Kwa 

6 Ame National Monument Advisory Council’’. 

7 (b) DUTIES.—The Advisory Council shall advise the 

8 Secretary with respect to the preparation and implementa9 tion of the management plan. 

10 (c) APPLICABLE LAW.—The Advisory Council shall 

11 be subject to— 

12 (1) the Federal Advisory Committee Act (5 

13 U.S.C. App.); and 

14 (2) the Federal Land Policy and Management 

15 Act of 1976 (43 U.S.C. 1701 et seq.). 

16 (d) MEMBERS.— 

17 (1) IN GENERAL.—The Advisory Council shall 

18 include 11 members to be appointed by the Sec19 retary, of whom, to the extent practicable— 

20 (A) 1 member shall be appointed after con21 sidering the recommendations of the Boulder 

22 City, Nevada, City Council; 

23 (B) 1 member shall be appointed after con24 sidering the recommendations of the Search25 light, Nevada, Town Advisory Board; 


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1 (C) 1 member shall be appointed after con2 sidering the recommendations of the Laughlin, 

3 Nevada, Town Advisory Board; 

4 (D) 6 members shall be appointed to rep5 resent Indian Tribes with a historical connec6 tion to the land within the Monument; and 

7 (E) 2 at-large members from the County 

8 shall be appointed after considering the rec9 ommendations of the County Commission. 

10 (2) SPECIAL APPOINTMENT CONSIDER11 ATIONS.—The at-large members appointed under 

12 paragraph (1)(E) shall have backgrounds that re13 flect— 

14 (A) the purposes for which the Monument 

15 was established; and 

16 (B) the interests of persons affected by the 

17 planning and management of the Monument. 

18 (3) REPRESENTATION.—The Secretary shall en19 sure that the membership of the Advisory Council is 

20 fairly balanced in terms of the points of view rep21 resented and the functions to be performed by the 

22 Advisory Council. 

23 (4) INITIAL APPOINTMENT.—Not later than 

24 180 days after the date of the enactment of this Act, 

25 the Secretary shall appoint the initial members of 


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1 the Advisory Council in accordance with paragraph 

2 (1). 

3 (e) DUTIES OF THE ADVISORY COUNCIL.—The Advi4 sory Council shall advise the Secretary with respect to the 

5 preparation and implementation of the management plan, 

6 including budgetary matters relating to the Monument. 

7 (f) COMPENSATION.—Members of the Advisory Coun8 cil shall receive no compensation for serving on the Advi9 sory Council. 

10 (g) CHAIRPERSON.— 

11 (1) IN GENERAL.—The Advisory Council shall 

12 elect a Chairperson from among the members of the 

13 Advisory Council. 

14 (2) TERM.—The term of the Chairperson shall 

15 be 3 years. 

16 (h) TERM OF MEMBERS.— 

17 (1) IN GENERAL.—The term of a member of 

18 the Advisory Council shall be 3 years. 

19 (2) SUCCESSORS.—Notwithstanding the expira20 tion of a 3-year term of a member of the Advisory 

21 Council, a member may continue to serve on the Ad22 visory Council until a successor is appointed. 

23 (i) VACANCIES.— 


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1 (1) IN GENERAL.—A vacancy on the Advisory 

2 Council shall be filled in the same manner in which 

3 the original appointment was made. 

4 (2) APPOINTMENT FOR REMAINDER OF

5 TERM.—A member appointed to fill a vacancy on the 

6 Advisory Council shall serve for the remainder of the 

7 term for which the predecessor was appointed. 

8 (j) TERMINATION.—The Advisory Council shall ter9 minate not later than 3 years after the date on which the 

10 final version of the management plan is published. 

11 SEC. 6. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES 

12 HABITAT CONSERVATION PLAN. 

13 (a) IN GENERAL.—Nothing in this Act limits, alters, 

14 modifies, or amends the Clark County Multi-Species Habi15 tat Conservation Plan with respect to the Monument. 

16 (b) CONSERVATION MANAGEMENT AREAS.—The Sec17 retary may, in accordance with the Clark County Multi18 Species Habitat Conservation Plan (including amend19 ments to the plan) and applicable law, credit the acreage 

20 of Federal land within the Monument as Conservation 

21 Management Areas under the plan. 

22 (c) MANAGEMENT PLAN.—In developing the manage23 ment plan, to the extent consistent with this section, the 

24 Secretary may incorporate any provision of the Clark 

25 County Multi-Species Habitat Conservation Plan. 


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1 SEC. 7. TRANSFER OF BUREAU OF RECLAMATION PARCELS. 

2 (a) TRANSFER OF PARCELS.—The Secretary shall 

3 transfer administrative jurisdiction of any Bureau of Rec4 lamation land within the Monument to the Bureau of 

5 Land Management. 

6 (b) MAP AND LEGAL DESCRIPTION.— 

7 (1) IN GENERAL.—As soon as practicable after 

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

9 shall finalize the legal description of the land being 

10 transferred to the Bureau of Land Management 

11 under subsection (a). 

12 (2) MINOR ERRORS.—The Secretary may cor13 rect any minor error in— 

14 (A) the Map; or 

15 (B) the legal description. 

16 (3) AVAILABILITY.—The Map and legal descrip17 tion shall be on file and available for public inspec18 tion in the appropriate offices of the Bureau of 

19 Land Management and the Bureau of Reclamation. 

Æ 


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