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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6751 Introduced in House (IH)]

<DOC>

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.

    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 ``Avi Kwa Ame National Monument 
Establishment Act of 2022''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Federal public lands in southernmost Nevada 
        comprise a nationally significant cultural and natural 
        landscape.
            (2) These lands are considered sacred by numerous Indian 
        Tribes, and the lands are tied to the Indian Tribes' creation, 
        cosmology, and well-being, containing numerous cultural sites 
        and objects.
            (3) Avi Kwa Ame, or Spirit Mountain, located on the eastern 
        edge of the proposed monument, is designated a Traditional 
        Cultural Property on the National Register of Historic Places 
        in recognition of its religious and cultural importance.
            (4) The lands showcase the progression of human history in 
        the Eastern Mojave Desert, a literal crossroads of the American 
        West. There are significant elements of Native American, 
        Western-American, and Mining History, including the historic 
        Mojave Trail/Road, originally used by Mojave and other Native 
        Americans to transport goods from the southwest to trade with 
        the Chumash and other coastal Tribes and later used in Western 
        expansion, as well as the historic Walking Box Ranch which 
        figures prominently in the history of movie making in America.
            (5) The lands contain several prominent geological 
        features, such as the volcanic Highland Range within the 
        northern section of the Avi Kwa Ame landscape, which is about 
        10 miles long and remarkably rugged and ragged. The 
        multicolored volcanic peaks, several thousand feet in 
        elevation, tower above the surrounding valley and are 
        remarkably scenic and are a designated Crucial Bighorn Sheep 
        Habitat area.
            (6) The lands are a rare biological hotspot that contain 
        intact ecosystems, Joshua tree forests, outstanding wildlife 
        habitat, and essential wildlife migration corridors.
            (7) The remote nature of the area protects the ability to 
        enjoy increasingly rare natural quiet and dark night sky and 
        solitude.
            (8) The lands provide important recreational opportunities.
            (9) Establishing the Federal public lands within the Avi 
        Kwa Ame landscape as a national monument will permanently 
        protect these natural and cultural resources for the benefit 
        and enjoyment of present and future generations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Avi Kwa Ame National Monument Advisory Council established 
        under section 5(a).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (3) Management plan.--The term ``management plan'' means 
        the management plan prepared under section 4(d).
            (4) Map.--The term ``Map'' means the map entitled ``Avi Kwa 
        Ame National Monument'' and dated February 1, 2022.
            (5) Monument.--The term ``Monument'' means the Avi Kwa Ame 
        National Monument established by section 4(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Nevada.

SEC. 4. AVI KWA AME NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Avi Kwa Ame National Monument in the State, consisting 
of approximately 445,000 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 conserve, protect, 
and enhance for the benefit and enjoyment of present and future 
generations the cultural, ecological, scenic, wildlife, recreational, 
dark sky, historical, natural, educational, and scientific resources of 
the Monument.
    (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); and
                    (C) 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.--To the extent practicable, the 
                Secretary shall ensure access to the Monument by 
                members of an Indian Tribe for traditional cultural 
                purposes.
                    (B) Use.--
                            (i) In general.--In implementing this 
                        subsection, 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.
                            (ii) Limitation.--Any such closure shall be 
                        made to affect the smallest area practicable 
                        for the minimum period necessary for such 
                        purposes.
                    (C) American indian religious freedom.--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, and, as 
                applicable, the Wilderness Act (16 U.S.C. 1131 et 
                seq.).
            (4) 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 roads 
                designated by the management plan required by 
                subsection (d) for the use of motorized vehicles.
                    (B) Interim management.--Until the completion of 
                the management plan, the use of motorized vehicles in 
                the Monument shall be permitted in accordance with the 
                applicable land use plan.
            (5) Grazing.--The grazing of livestock in the Monument, 
        where established before the date of the enactment of this Act, 
        shall be permitted to continue--
                    (A) subject to--
                            (i) such reasonable regulations, policies, 
                        and practices as the Secretary considers 
                        necessary; and
                            (ii) applicable law (including 
                        regulations); and
                    (B) in a manner consistent with the purposes 
                described in subsection (b).
            (6) Wildlife water projects.--The Secretary, in 
        consultation with the State, may authorize wildlife water 
        projects (including guzzlers) within the Monument.
            (7) Hunting, fishing and trapping.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall allow hunting, fishing, and 
                trapping on land and water within the Monument in 
                accordance with applicable Federal and State law.
                    (B) Administrative exceptions.--The Secretary may 
                designate areas in which, and establish limited periods 
                during which, no hunting, fishing, or trapping shall be 
                allowed under subparagraph (A) for reasons of public 
                safety, administration, or compliance with applicable 
                law.
                    (C) Agency agreement.--Except in an emergency, 
                regulations closing areas within the Monument to 
                hunting, fishing, or trapping under this paragraph 
                shall be made in consultation with the appropriate 
                agency of the State having responsibility for fish and 
                wildlife administration.
                    (D) Savings clause.--Nothing in this subsection 
                affects any jurisdiction or responsibility of the State 
                with respect to fish and wildlife in the Monument.
    (d) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act and in accordance with paragraph (2), 
        the Secretary shall develop a comprehensive plan for the long-
        term management of the Monument.
            (2) Consultation.--In developing the management plan, the 
        Secretary shall consult with--
                    (A) other Federal land management agencies in the 
                area, including the National Park Service;
                    (B) appropriate State, Tribal, and local 
                governmental entities; and
                    (C) members of the public.
            (3) Incorporation of plans.--In developing the management 
        plan, to the extent consistent with this Act, the Secretary may 
        incorporate any provision of an applicable land and resource 
        management plan.
    (e) 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--
            (1) become part of the Monument;
            (2) be withdrawn in accordance with subsection (f); and
            (3) be managed in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) any other applicable law (including 
                regulations).
    (f) Withdrawal.--Subject to valid existing rights, all Federal land 
located in the Monument is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patenting under the mining laws; 
        and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (g) Easements and Rights-of-Way.--
            (1) In general.--No new easements or rights-of-way shall be 
        conveyed on Federal lands within the Monument after the date of 
        the enactment of this Act.
            (2) Effect.--Nothing in this section precludes the 
        Secretary from renewing easements or rights-of-way in existence 
        on the date of the enactment of this Act within the Monument in 
        accordance with this Act and applicable law (including 
        regulations).
    (h) Military, Law Enforcement, and Emergency Overflights.--Nothing 
in this section precludes--
            (1) low-level overflights of military, law enforcement, or 
        emergency medical services aircraft over the Monument;
            (2) flight testing and evaluation; and
            (3) the use or establishment of military, law enforcement, 
        or emergency medical services flight training routes over the 
        Monument.
    (i) Native American Rights and Uses.--
            (1) In general.--Nothing in this section alters, modifies, 
        enlarges, diminishes, or abrogates the treaty rights of any 
        Indian Tribe, including off-reservation reserved rights.
            (2) Consultation.--The Secretary shall consult with 
        interested Indian Tribes--
                    (A) in developing and carrying out the management 
                plan;
                    (B) providing access under subsection (c)(3); and
                    (C) to determine whether to charter an advisory 
                committee or otherwise formalize government-to-
                government collaboration on the management of the 
                Monument.
    (j) Map; Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Secretary shall prepare a map 
        and legal description of the Monument.
            (2) Corrections.--The map and legal description submitted 
        under paragraph (1) shall have the same force and effect as if 
        included in this subtitle, except that the Secretary may 
        correct any clerical or typographical errors in the legal 
        description and the map.
            (3) Conflict between map and legal description.--In the 
        case of a conflict between the map and the legal description, 
        the map shall control.
            (4) 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.

SEC. 5. AVI KWA AME NATIONAL MONUMENT ADVISORY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish an advisory 
council to be known as the ``Avi Kwa Ame National Monument Advisory 
Council''.
    (b) Duties.--The Advisory Council shall advise the Secretary with 
respect to the preparation and implementation of the management plan.
    (c) Applicable Law.--The Advisory Council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.); and
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).
    (d) Members.--
            (1) In general.--The Advisory Council shall include 11 
        members to be appointed by the Secretary, of whom, to the 
        extent practicable--
                    (A) 1 member shall be appointed after considering 
                the recommendations of the Boulder City, Nevada, City 
                Council;
                    (B) 1 member shall be appointed after considering 
                the recommendations of the Searchlight, Nevada, Town 
                Advisory Board;
                    (C) 1 member shall be appointed after considering 
                the recommendations of the Laughlin, Nevada, Town 
                Advisory Board;
                    (D) 6 members shall be appointed to represent 
                Indian Tribes with a historical connection to the land 
                within the Monument; and
                    (E) 2 at-large members from the County shall be 
                appointed after considering the recommendations of the 
                County Commission.
            (2) Special appointment considerations.--The at-large 
        members appointed under paragraph (1)(E) shall have backgrounds 
        that reflect--
                    (A) the purposes for which the Monument was 
                established; and
                    (B) the interests of persons affected by the 
                planning and management of the Monument.
            (3) 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.
            (4) Initial appointment.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall appoint 
        the initial members of the Advisory Council in accordance with 
        paragraph (1).
    (e) Duties of the Advisory Council.--The Advisory Council shall 
advise the Secretary with respect to the preparation and implementation 
of the management plan, including budgetary matters relating to the 
Monument.
    (f) Compensation.--Members of the Advisory Council shall receive no 
compensation for serving on the Advisory Council.
    (g) Chairperson.--
            (1) In general.--The Advisory Council shall elect a 
        Chairperson from among the members of the Advisory Council.
            (2) Term.--The term of the Chairperson shall be 3 years.
    (h) Term of Members.--
            (1) In general.--The term of a member of the Advisory 
        Council shall be 3 years.
            (2) Successors.--Notwithstanding the expiration of a 3-year 
        term of a member of the Advisory Council, a member may continue 
        to serve on the Advisory Council until a successor is 
        appointed.
    (i) Vacancies.--
            (1) In general.--A vacancy on the Advisory Council shall be 
        filled in the same manner in which the original appointment was 
        made.
            (2) Appointment for remainder of term.--A member appointed 
        to fill a vacancy on the Advisory Council shall serve for the 
        remainder of the term for which the predecessor was appointed.
    (j) Termination.--The Advisory Council shall terminate not later 
than 3 years after the date on which the final version of the 
management plan is published.

SEC. 6. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT CONSERVATION 
              PLAN.

    (a) In General.--Nothing in this Act limits, alters, modifies, or 
amends the Clark County Multi-Species Habitat Conservation Plan with 
respect to the Monument.
    (b) Conservation Management Areas.--The Secretary may, in 
accordance with the Clark County Multi-Species Habitat Conservation 
Plan (including amendments to the plan) and applicable law, credit the 
acreage of Federal land within the Monument as Conservation Management 
Areas under the plan.
    (c) Management Plan.--In developing the management plan, to the 
extent consistent with this section, the Secretary may incorporate any 
provision of the Clark County Multi-Species Habitat Conservation Plan.

SEC. 7. TRANSFER OF BUREAU OF RECLAMATION PARCELS.

    (a) Transfer of Parcels.--The Secretary shall transfer 
administrative jurisdiction of any Bureau of Reclamation land within 
the Monument to the Bureau of Land Management.
    (b) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Secretary shall finalize the 
        legal description of the land being transferred to the Bureau 
        of Land Management under subsection (a).
            (2) Minor errors.--The Secretary may correct any minor 
        error in--
                    (A) the Map; or
                    (B) the legal description.
            (3) Availability.--The Map and legal description shall be 
        on file and available for public inspection in the appropriate 
        offices of the Bureau of Land Management and the Bureau of 
        Reclamation.
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