Avi Kwa Ame National Monument Establishment Act of 2023

To establish the Avi Kwa Ame National Monument in the State of Nevada, and for other purposes. 1. Short title This Act may be cited as the Avi Kwa Ame National Monument Establishment Act of 2023 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. 3. Definitions In this Act: (1) Advisory council The term Advisory Council (2) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (3) Management plan The term management plan (4) Map The term Map Avi Kwa Ame National Monument (5) Monument The term Monument (6) Secretary The term Secretary (7) State The term State 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 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. 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. 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. 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.

Summary: Avi Kwa Ame National Monument Establishment Act of 2023 This bill establishes the Avi Kwa Ame National Monument in Nevada, consisting of approximately 445,000 acres of federal land administered by the Bureau of Land Management (BLM). It is the purpose of the monument 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. The Department of the Interior shall manage the monument as a component of the National Landscape Conservation System. Interior shall ensure access to the monument by members of Indian tribes for traditional cultural purposes. Interior shall develop a comprehensive plan for the long-term management of the monument. The bill withdraws federal land located in the monument from entry, appropriation, and disposal under the public land laws; location, entry, and patenting under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. Any land or interest in land within the boundary of the monument that is acquired by the United States shall become part of the monument and be withdrawn as specified above. Interior shall establish the Avi Kwa Ame National Monument Advisory Council to advise Interior on the preparation and implementation of the management plan, including budgetary matters related to the monument. Interior shall transfer administrative jurisdiction of any Bureau of Reclamation land within the monument to the BLM.