I 
115TH CONGRESS 
1ST SESSION H. R. 2596 
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 
MAY 23, 2017 
Mr. O’ROURKE (for himself, Mr. VEASEY, Mr. VELA, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. CASTRO of Texas, Mr. CUELLAR, Mr. AL GREEN 
of Texas, Mr. GENE GREEN of Texas, Mr. DOGGETT, and Mr. GONZALEZ 
of Texas) introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Castner Range National Monument Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COUNCIL.—The term ‘‘advisory 
council’’ means the Castner Range National Monu-
ment Advisory Council. 
(2) NATIONAL
MONUMENT.—The term ‘‘Na-
tional Monument’’ means the Castner Range Na-
tional Monument. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) STATE.—The term ‘‘State’’ means the State 
of Texas. 
SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL 
MONUMENT, TEXAS. 
(a) ESTABLISHMENT.—Subject to valid existing 
rights, there is hereby established the Castner Range Na-
tional Monument in the State. 
(b) AREA INCLUDED.—The National Monument con-
sists of Federal land and interests in Federal land within 
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El Paso County, Texas, as depicted on the map entitled 
‘‘Castner Range National Monument’’. 
(c) EXCLUSION OF NON-FEDERAL LAND.—The Na-
tional Monument includes only Federal land and interests 
in Federal land and does not include or apply to private 
property or other non-Federal land and interests in land 
within the exterior boundaries of the National Monument. 
(d) PURPOSE.—The purpose of the National Monu-
ment is to conserve, protect, and enhance for the benefit 
and enjoyment of present and future generations the eco-
logical, scenic, wildlife, recreational, cultural, historical, 
natural, educational, and scientific resources of the lands 
included in the National Monument, including Castner 
Range and its— 
(1) relationship to the Department of the Army; 
(2) role as a water conservation sanctuary 
through a dozen natural canyons, arroyos (‘‘gullies, 
washes’’) and alluvial fans which efficiently trans-
port run-off from the heights through seepage into 
the large underground Hueco Bolso´n (‘‘aquifer’’, 
which along with the West Side Mesilla Bolso´n sup-
plies much of El Paso’s water); 
(3) historical significance, as it contains numer-
ous archaeological and historical resources that date 
as far back as the Paleo-Indian, Archaic and historic 
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Indian groups, lasted from about 8000 B.C. to 4000 
B.C. and was initially characterized by big-game 
hunting; 
(4) significance as a habitat for an extremely 
diverse aggregation of wildlife and plant species of 
special concern that are thought to inhabit Castner 
Range, including the sand prickly pear, the Texas 
lyre snake, and the western burrowing owl; and 
(5) significance as a one-of-a-kind vegetation 
region that includes a mountainous area, cactus 
lechuguilla region, and draw-yucca grassland region. 
SEC. 4. ACCESS AND BUFFER ZONES. 
(a) ACCESS.—The Secretary shall continue to provide 
historical and adequate access to private inholdings within 
the exterior boundaries of the National Monument. 
(b) BUFFER ZONES.—Nothing in this Act creates a 
protective perimeter or buffer zone around the National 
Monument. The fact that any activities or uses outside 
of areas designated by this Act can be seen or heard within 
the National Monument shall not preclude the activities 
or uses outside of the National Monument. 
(c) USE OF EASEMENTS.—Nothing in this Act shall 
affect currently used easements located within the Na-
tional Monument, including the use of Trans Mountain 
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Highway, the National Border Patrol Museum, El Paso 
Museum of Archaeology, and the El Paso Water Utilities. 
SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA-
TIONAL MONUMENT. 
(a) BASIS OF MANAGEMENT.— 
(1) APPLICABLE
LAWS.—The Secretary shall 
manage the National Monument in a manner that 
conserves, protects, and enhances the natural re-
sources and values of the National Monument, in ac-
cordance with— 
(A) this Act; 
(B) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); and 
(C) the Act of June 17, 1902 (commonly 
known as the Reclamation Act of 1902; 32 
Stat. 388), and Acts amendatory thereof and 
supplemental thereto. 
(2) RESOLUTION OF CONFLICTS.—If there is a 
conflict between a provision of this Act and a provi-
sion of one of the other laws specified in paragraph 
(1), the more restrictive provision shall control. 
(b) TRIBAL CULTURAL USES.—Nothing in this Act 
shall be construed to enlarge or diminish the rights of any 
Indian Tribe. 
(c) MANAGEMENT PLAN.— 
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(1) IN GENERAL.—The Secretary shall develop 
a comprehensive plan for the protection and man-
agement of the National Monument that fulfills the 
purposes specified in section 3. In implementing the 
management plan and in considering any rec-
ommendations from the advisory council, the Sec-
retary shall consult with the advisory council on a 
regular basis. 
(2) PURPOSES.—The management plan shall— 
(A) describe the appropriate uses and 
management of the National Monument; 
(B) identify short-term and long-term 
management actions and prioritize management 
actions based on projected availability of re-
sources; 
(C) include a habitat restoration opportu-
nities component; 
(D) include a recreational opportunity en-
hancement component; and 
(E) include a component that addresses 
the Secretary of Army’s remediation of haz-
ardous substances or munitions and explosives 
of concern within the National Monument. 
(3) PUBLIC PARTICIPATION AND SPECIAL CON-
SIDERATIONS.—In developing the management plan, 
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and to the extent consistent with this section, the 
Secretary— 
(A) shall solicit extensive public input; 
(B) shall take into consideration any infor-
mation developed in studies of the land within 
the National Monument; 
(C) shall assess available climate change 
information pertinent to the National Monu-
ment; 
(D) shall include standards and practices 
to ensure the preservation of wildlife corridors 
and facilitate species migration; and 
(E) may incorporate any provision from a 
resource management plan, land and resource 
management plan, or any other plan applicable 
to the National Monument. 
(d) COOPERATIVE AGREEMENTS.—In carrying out 
this Act, the Secretary may make grants to, or enter into 
cooperative agreements with, State, Tribal, and local gov-
ernmental entities and private entities to conduct re-
search, develop scientific analyses, and carry out any other 
initiative relating to the restoration or conservation of the 
National Monument. 
(e) MOTORIZED AND MECHANIZED VEHICLES.—Ex-
cept where needed for administrative purposes or to re-
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spond to an emergency, the use of motorized and mecha-
nized vehicles on lands within the National Monument 
shall be permitted only on roads and trails designated for 
their use. 
(f) ACQUISITION
AND INCORPORATION
OF LANDS 
AND INTERESTS.— 
(1) AUTHORITY.—The Secretary may acquire 
non-Federal land within the exterior boundaries of 
the National Monument only through exchange, do-
nation, or purchase from a willing seller. 
(2) MANAGEMENT.—Any land or interest in 
land that is located within the National Monument 
that is acquired by the United States shall— 
(A) become part of the National Monu-
ment; and 
(B) be managed in accordance with this 
Act. 
(g) WITHDRAWAL.—Subject to valid existing rights, 
all Federal land within the National Monument is with-
drawn from— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
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(3) leasing or disposition under all laws relating 
to operation of the mineral leasing, mineral mate-
rials, and geothermal leasing laws. 
(h) LIMITED CONVEYANCE AUTHORITY.—The Sec-
retary may authorize the conveyance of Federal land with-
in the National Monument if— 
(1) the purpose for which the land is to be con-
veyed is consistent with the purposes specified in 
section 3; 
(2) the conveyance would benefit the National 
Monument and is in the public interest, as deter-
mined by the Secretary; and 
(3) the conveyance is made in accordance with 
applicable laws (including regulations). 
(i) WILDLAND FIRE OPERATIONS.—Nothing in this 
section prohibits the Secretary, in cooperation with other 
Federal, State, and local agencies, as appropriate, from 
conducting wildland fire operations in the National Monu-
ment consistent with the purposes specified in section 3. 
SEC. 6. WATER. 
Nothing in this Act— 
(1) affects the use or allocation, in existence on 
the date of enactment of this Act, of any water, 
water right, or interest in water; 
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(2) affects any vested absolute or decreed condi-
tional water right in existence on the date of enact-
ment of this Act, including any water right held by 
the United States; 
(3) affects any interstate water compact in ex-
istence on the date of the enactment of this Act; 
(4) authorizes or imposes any new reserved 
Federal water rights; or 
(5) relinquishes or reduces any water rights re-
served or appropriated by the United States in the 
State on or before the date of the enactment of this 
Act. 
SEC. 7. BORDER SECURITY. 
(a) IN GENERAL.—Nothing in this Act— 
(1) prevents the Secretary of Homeland Secu-
rity from conducting— 
(A) undertaking law enforcement and bor-
der security activities, in accordance with sec-
tion 4(c) of the Wilderness Act (16 U.S.C. 
1133(c)), including the ability to use motorized 
access within an area while in pursuit of a sus-
pect; or 
(B) any low-level flights over the area that 
may be necessary for law enforcement and bor-
der security purposes; or 
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(2) affects the 2006 Memorandum of Under-
standing among the Department of Homeland Secu-
rity, the Department of the Interior, and the De-
partment of Agriculture regarding cooperative na-
tional security and counterterrorism efforts on Fed-
eral lands along the borders of the United States. 
(b) WITHDRAWAL AND ADMINISTRATION OF CER-
TAIN AREA.—Nothing in this section precludes the Sec-
retary from allowing within the area described in sub-
section (a)(1)(A) the installation and maintenance of com-
munication or surveillance infrastructure necessary for law 
enforcement or border security activities. 
SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AU-
THORITY. 
(a) RESPONSIBILITY.—Nothing in this Act shall af-
fect— 
(1) the responsibility of the Department of the 
Army under applicable environmental laws, including 
the remediation of hazardous substances or muni-
tions and explosives of concern within the National 
Monument boundaries; 
(2) the statutory authority of the Department 
of the Army to control public access or statutory re-
sponsibility to make other measures for environ-
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SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY 
COUNCIL. 
(a) ESTABLISHMENT.—Not less than 180 days after 
the date of the enactment of this Act, the Secretary shall 
establish an advisory council to be known as the ‘‘Castner 
Range National Monument Advisory Council’’. 
(b) DUTIES.—The advisory council shall advise the 
Secretary with respect to the preparation and implementa-
tion of the management plan for the National Monument. 
(c) APPLICABLE LAW.—The advisory council shall be 
subject to— 
(1) the Federal Advisory Committee Act (5 
U.S.C. App.); 
(2) the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); and 
(3) all other applicable law. 
(d) MEMBERS.—The advisory council shall include 11 
members, to be appointed by the Secretary, of whom, to 
the extent practicable— 
(1) one member shall be appointed after consid-
ering the recommendations of the El Paso County 
Commissioners Court; 
(2) one member shall be appointed after consid-
ering the recommendations of the head of the Texas 
Parks and Wildlife Department; 
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(3) one member shall be appointed to represent 
Native American Tribes; 
(4) one member shall be appointed to represent 
Fort Bliss; and 
(5) seven members shall reside in, or within 
reasonable proximity to, the county specified in 
paragraphs (1) through (4) with backgrounds that 
reflect— 
(A) the purposes specified in section 3; and 
(B) the interest of persons affected by the 
planning and management of the National 
Monument, including persons representing the 
agricultural, private land-ownership, environ-
mental, recreational, tourism, or other non-Fed-
eral land interests. 
(e) REPRESENTATION.—The Secretary shall ensure 
that the membership of the advisory council is fairly bal-
anced in terms of the points of view represented and the 
functions to be performed by the advisory council. 
(f) TERMS.— 
(1) STAGGERED TERMS.—Members of the advi-
sory council shall be appointed for terms of 3 years, 
except that, of the members first appointed, 5 of the 
members shall be appointed for a term of one year 
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and 5 of the members shall be appointed for a term 
of 2 years. 
(2) REAPPOINTMENT.—A member may be re-
appointed to serve on the advisory council upon the 
expiration of the member’s current term. 
(3) VACANCY.—A vacancy on the advisory 
council shall be filled in the same manner as the 
original appointment. 
(g) QUORUM.—A quorum shall be 7 members of the 
advisory council. The operations of the advisory council 
shall not be impaired by the fact that a member has not 
yet been appointed as long as a quorum has been attained. 
(h) CHAIRPERSON AND PROCEDURES.—The advisory 
council shall elect a chairperson and establish such rules 
and procedures as it deems necessary or desirable. 
(i) SERVICE WITHOUT COMPENSATION.—Members of 
the advisory council shall serve without pay. 
(j) TERMINATION.—The advisory committee shall 
cease to exist— 
(1) on the date that is 5 years after the date 
on which the management plan is officially adopted 
by the Secretary; or 
(2) on such later date as the Secretary con-
siders appropriate. 
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SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT 
BLISS, TEXAS. 
Section 2844 of the National Defense Authorization 
Act for Fiscal Year 2013 is repealed. 
Æ 
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