I 

117TH CONGRESS 

1ST SESSION H. R. 2752 

To designate the Castner Range in the State of Texas, to establish the 

Castner Range National Monument, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2021 

Ms. ESCOBAR introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To designate the Castner Range in the State of Texas, 

to establish the Castner Range 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Castner Range National Monument Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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Sec. 3. Establishment of Castner Range National Monument, Texas. 

Sec. 4. Access and buffer zones. 

Sec. 5. Management of Federal lands within the National Monument. 

Sec. 6. Water. 

Sec. 7. Border security. 

Sec. 8. Department of Army responsibility and authority. 

Sec. 9. Castner Range National Monument Advisory Council. 

Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COUNCIL.—The term ‘‘advisory 

4 council’’ means the Castner Range National Monu5 ment Advisory Council. 

6 (2) NATIONAL MONUMENT.—The term ‘‘Na7 tional Monument’’ means the Castner Range Na8 tional Monument. 

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

10 the Secretary of the Interior. 

11 (4) STATE.—The term ‘‘State’’ means the State 

12 of Texas. 

13 SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL 

14 MONUMENT, TEXAS. 

15 (a) ESTABLISHMENT.—Subject to valid existing 

16 rights, there is hereby established the Castner Range Na17 tional Monument in the State. 

18 (b) AREA INCLUDED.—The National Monument con19 sists of Federal land and interests in Federal land within 

20 El Paso County, Texas, generally depicted as ‘‘Proposed 

21 Castner Range National Monument’’ on the map entitled 


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1 ‘‘Proposed Castner Range National Monument’’ and dated 

2 April 19, 2021. 

3 (c) EXCLUSION OF NON-FEDERAL LAND.—The Na4 tional Monument shall include only Federal land and in5 terests in Federal land and shall not include or apply to 

6 private property or other non-Federal land and interests 

7 in land within the exterior boundaries of the National 

8 Monument. 

9 (d) PURPOSE.—The purpose of the National Monu10 ment is to conserve, protect, and enhance for the benefit 

11 and enjoyment of present and future generations the eco12 logical, scenic, wildlife, recreational, cultural, historical, 

13 natural, educational, and scientific resources of the lands 

14 included in the National Monument, including Castner 

15 Range and its— 

16 (1) relationship to the Department of the Army; 

17 (2) role as a water conservation sanctuary 

18 through a dozen natural canyons, arroyos (also 

19 known as gullies or washes) and alluvial fans which 

20 efficiently transport run-off from the heights 

21 through seepage into the large underground Hueco 

22 Bolso ́n aquifer, which along with the West Side 

23 Mesilla Bolso ́n supplies much of El Paso’s water; 

24 (3) historical significance, as it contains numer25 ous archaeological and historical resources that date 


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1 as far back as the Paleo-Indian, Archaic and historic 

2 Indian groups, lasted from about 8000 B.C. to 4000 

3 B.C. and was initially characterized by big-game 

4 hunting; 

5 (4) significance as a habitat for an extremely 

6 diverse aggregation of wildlife and plant species of 

7 special concern that are thought to inhabit Castner 

8 Range, including the sand prickly pear, the Texas 

9 lyre snake, and the western burrowing owl; and 

10 (5) significance as a one-of-a-kind vegetation 

11 region that includes a mountainous area, cactus 

12 lechuguilla region, and draw-yucca grassland region. 

13 SEC. 4. ACCESS AND BUFFER ZONES. 

14 (a) ACCESS.—The Secretary shall continue to provide 

15 historical and adequate access to private inholdings within 

16 the exterior boundaries of the National Monument. 

17 (b) BUFFER ZONES.—Nothing in this Act creates a 

18 protective perimeter or buffer zone around the National 

19 Monument. The fact that any activities or uses outside 

20 of areas designated by this Act can be seen or heard within 

21 the National Monument shall not preclude the activities 

22 or uses outside of the National Monument. 

23 (c) USE OF EASEMENTS.—Nothing in this Act shall 

24 affect easements located within the National Monument 

25 on the date of the enactment of this Act, including the 


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1 use of Trans Mountain Highway, the National Border Pa2 trol Museum, El Paso Museum of Archaeology, and the 

3 El Paso Water Utilities. 

4 SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA5 TIONAL MONUMENT. 

6 (a) BASIS OF MANAGEMENT.— 

7 (1) APPLICABLE LAWS.—The Secretary shall 

8 manage the National Monument in a manner that 

9 conserves, protects, and enhances the natural re10 sources and values of the National Monument, in ac11 cordance with— 

12 (A) this Act; 

13 (B) the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

15 (C) the Act of June 17, 1902 (commonly 

16 known as the Reclamation Act of 1902; 32 

17 Stat. 388), and Acts amendatory thereof and 

18 supplemental thereto. 

19 (2) RESOLUTION OF CONFLICTS.—If there is a 

20 conflict between a provision of this Act and a provi21 sion of one of the other laws specified in paragraph 

22 (1), the more restrictive provision shall control. 

23 (b) TRIBAL CULTURAL USES.—Nothing in this Act 

24 shall be construed to enlarge or diminish the rights of any 

25 Indian Tribe. 


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1 (c) MANAGEMENT PLAN.— 

2 (1) IN GENERAL.—The Secretary shall develop 

3 a comprehensive plan for the protection and man4 agement of the National Monument that fulfills the 

5 purposes specified in section 3. In implementing the 

6 management plan and in considering any rec7 ommendations from the advisory council, the Sec8 retary shall consult with the advisory council on a 

9 regular basis. 

10 (2) PURPOSES.—The management plan shall— 

11 (A) describe the appropriate uses and 

12 management of the National Monument; 

13 (B) identify short-term and long-term 

14 management actions and prioritize management 

15 actions based on projected availability of re16 sources; 

17 (C) include a habitat restoration opportu18 nities component; 

19 (D) include a recreational opportunity en20 hancement component; and 

21 (E) include a component that addresses 

22 the Secretary of Army’s remediation of haz23 ardous substances or munitions and explosives 

24 of concern within the National Monument. 


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1 (3) PUBLIC PARTICIPATION AND SPECIAL CON2 SIDERATIONS.—In developing the management plan, 

3 and to the extent consistent with this section, the 

4 Secretary— 

5 (A) shall solicit extensive public input; 

6 (B) shall take into consideration any infor7 mation developed in studies of the land within 

8 the National Monument; 

9 (C) shall assess available climate change 

10 information pertinent to the National Monu11 ment; 

12 (D) shall include standards and practices 

13 to ensure the preservation of wildlife corridors 

14 and facilitate species migration; and 

15 (E) may incorporate any provision from a 

16 resource management plan, land and resource 

17 management plan, or any other plan applicable 

18 to the National Monument. 

19 (d) COOPERATIVE AGREEMENTS.—In carrying out 

20 this Act, the Secretary may make grants to, or enter into 

21 cooperative agreements with, State, Tribal, and local gov22 ernmental entities and private entities to conduct re23 search, develop scientific analyses, and carry out any other 

24 initiative relating to the restoration or conservation of the 

25 National Monument. 


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1 (e) MOTORIZED AND MECHANIZED VEHICLES.—Ex2 cept where needed for administrative purposes or to re3 spond to an emergency, the use of motorized and mecha4 nized vehicles on lands within the National Monument 

5 shall be allowed only on roads and trails designated for 

6 their use. 

7 (f) ACQUISITION AND INCORPORATION OF LANDS

8 AND INTERESTS.— 

9 (1) AUTHORITY.—The Secretary may acquire 

10 non-Federal land and interests in land within the ex11 terior boundaries of the National Monument only 

12 through exchange, donation, or purchase from a will13 ing seller. 

14 (2) MANAGEMENT.—Any land or interest in 

15 land that is located within the National Monument 

16 that is acquired by the United States shall— 

17 (A) become part of the National Monu18 ment; and 

19 (B) be managed in accordance with this 

20 Act. 

21 (g) WITHDRAWAL.—Subject to valid existing rights, 

22 all Federal land within the National Monument is with23 drawn from— 

24 (1) entry, appropriation, or disposal under the 

25 public land laws; 


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

2 laws; and 

3 (3) leasing or disposition under all laws relating 

4 to operation of the mineral leasing, mineral mate5 rials, and geothermal leasing laws. 

6 (h) LIMITED CONVEYANCE AUTHORITY.—The Sec7 retary may authorize the conveyance of Federal land with8 in the National Monument if— 

9 (1) the purpose for which the land is to be con10 veyed is consistent with the purposes specified in 

11 section 3; 

12 (2) the conveyance would benefit the National 

13 Monument and is in the public interest, as deter14 mined by the Secretary; and 

15 (3) the conveyance is made in accordance with 

16 applicable laws (including regulations). 

17 (i) WILDLAND FIRE OPERATIONS.—Nothing in this 

18 section prohibits the Secretary, in cooperation with other 

19 Federal, State, and local agencies, as appropriate, from 

20 conducting wildland fire operations in the National Monu21 ment consistent with the purposes specified in section 3. 

22 SEC. 6. WATER. 

23 Nothing in this Act— 


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

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

3 water right, or interest in water; 

4 (2) affects any vested absolute or decreed condi5 tional water right in existence on the date of enact6 ment of this Act, including any water right held by 

7 the United States; 

8 (3) affects any interstate water compact in ex9 istence on the date of the enactment of this Act; 

10 (4) authorizes or imposes any new reserved 

11 Federal water rights; or 

12 (5) relinquishes or reduces any water rights re13 served or appropriated by the United States in the 

14 State on or before the date of the enactment of this 

15 Act. 

16 SEC. 7. BORDER SECURITY. 

17 (a) IN GENERAL.—Nothing in this Act— 

18 (1) prevents the Secretary of Homeland Secu19 rity from conducting— 

20 (A) undertaking law enforcement and bor21 der security activities, in accordance with sec22 tion 4(c) of the Wilderness Act (16 U.S.C. 

23 1133(c)), including the ability to use motorized 

24 access within an area while in pursuit of a sus25 pect; or 


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1 (B) any low-level flights over the area that 

2 may be necessary for law enforcement and bor3 der security purposes; or 

4 (2) affects the 2006 Memorandum of Under5 standing among the Department of Homeland Secu6 rity, the Department of the Interior, and the De7 partment of Agriculture regarding cooperative na8 tional security and counterterrorism efforts on Fed9 eral lands along the borders of the United States. 

10 (b) WITHDRAWAL AND ADMINISTRATION OF CER11 TAIN AREA.—Nothing in this section precludes the Sec12 retary from allowing the installation and maintenance of 

13 communication or surveillance infrastructure necessary for 

14 law enforcement or border security activities within the 

15 National Monument boundaries. 

16 SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AU17 THORITY. 

18 (a) RESPONSIBILITY.—Nothing in this Act shall af19 fect— 

20 (1) the responsibility of the Department of the 

21 Army under applicable environmental laws, including 

22 the remediation of hazardous substances or muni23 tions and explosives of concern within the National 

24 Monument boundaries; 


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1 (2) the statutory authority of the Department 

2 of the Army to control public access or statutory re3 sponsibility to make other measures for environ4 mental remediation, monitoring, security, safety, or 

5 emergency preparedness purposes; 

6 (3) the activities of the Department of the 

7 Army on lands not included within the National 

8 Monument; or 

9 (4) the responsibility of the Department of the 

10 Army, in consultation with the Secretary (acting 

11 through the Bureau of Land Management), to con12 tinue to manage the lands and interests in lands 

13 under the Secretary’s jurisdiction within the Na14 tional Monument boundaries until the Army trans15 fers administrative jurisdiction of those lands and 

16 interests in lands to the Bureau of Land Manage17 ment. 

18 (b) AUTHORITY.—The Secretary of the Army and the 

19 Secretary may enter into a memorandum of understanding 

20 whereby the Secretary of the Army— 

21 (1) may relinquish administrative jurisdiction 

22 over the Castner Range, Fort Bliss, Texas, to the 

23 Secretary of the Interior; and 


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1 (2) may not relinquish or diminish the responsi2 bility of the Secretary of the Army of responsibilities 

3 referred to in subsection (a). 

4 SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY 

5 COUNCIL. 

6 (a) ESTABLISHMENT.—Not more than 180 days after 

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

8 establish an advisory council to be known as the ‘‘Castner 

9 Range National Monument Advisory Council’’. 

10 (b) DUTIES.—The advisory council shall advise the 

11 Secretary with respect to the preparation and implementa12 tion of the management plan for the National Monument. 

13 (c) APPLICABLE LAW.—The advisory council shall be 

14 subject to— 

15 (1) the Federal Advisory Committee Act (5 

16 U.S.C. App.); 

17 (2) the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.); and 

19 (3) all other applicable law. 

20 (d) MEMBERS.—The advisory council shall include 11 

21 members, to be appointed by the Secretary, of whom, to 

22 the extent practicable— 

23 (1) one member shall be appointed after consid24 ering the recommendations of the El Paso County 

25 Commissioners Court; 


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1 (2) one member shall be appointed after consid2 ering the recommendations of the head of the Texas 

3 Parks and Wildlife Department; 

4 (3) one member shall be appointed to represent 

5 Indian Tribes; 

6 (4) one member shall be appointed to represent 

7 Fort Bliss; and 

8 (5) seven members shall reside in, or within 

9 reasonable proximity to, the county specified in 

10 paragraphs (1) through (4) with backgrounds that 

11 reflect— 

12 (A) the purposes specified in section 3; and 

13 (B) the interest of persons affected by the 

14 planning and management of the National 

15 Monument, including persons representing the 

16 agricultural, private land-ownership, environ17 mental, recreational, tourism, or other non-Fed18 eral land interests. 

19 (e) REPRESENTATION.—The Secretary shall ensure 

20 that the membership of the advisory council is fairly bal21 anced in terms of the points of view represented and the 

22 functions to be performed by the advisory council. 

23 (f) TERMS.— 

24 (1) STAGGERED TERMS.—Members of the advi25 sory council shall be appointed for terms of 3 years, 


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1 except that, of the members first appointed, 5 of the 

2 members shall be appointed for a term of one year 

3 and 5 of the members shall be appointed for a term 

4 of 2 years. 

5 (2) REAPPOINTMENT.—A member may be re6 appointed to serve on the advisory council upon the 

7 expiration of the member’s current term. 

8 (3) VACANCY.—A vacancy on the advisory 

9 council shall be filled in the same manner as the 

10 original appointment. 

11 (g) QUORUM.—A quorum shall be 7 members of the 

12 advisory council. The operations of the advisory council 

13 shall not be impaired by the fact that a member has not 

14 yet been appointed as long as a quorum has been attained. 

15 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

16 council shall elect a chairperson and establish such rules 

17 and procedures as it deems necessary or desirable. 

18 (i) SERVICE WITHOUT COMPENSATION.—Members of 

19 the advisory council shall serve without pay. 

20 (j) TERMINATION.—The advisory committee shall 

21 cease to exist— 

22 (1) on the date that is 5 years after the date 

23 on which the management plan is officially adopted 

24 by the Secretary; or 


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1 (2) on such later date as the Secretary con2 siders appropriate. 

3 SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT 

4 BLISS, TEXAS. 

5 Section 2846 of the 2018 National Defense Author6 ization Act is repealed. 

Æ 


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