II 118th CONGRESS 2d Session S. 4828 IN THE SENATE OF THE UNITED STATES July 29, 2024 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Bahsahwahbee National Monument in the State of Nevada, and for other purposes.

1. Short title This Act may be cited as the Bahsahwahbee National Monument Act . 2. Findings Congress finds that— (1) the term Newe — (A) is used by the Western Shoshone people to refer to themselves; and (B) refers to the members of— (i) the Confederated Tribes of the Goshute Reservation; (ii) the Duckwater Shoshone Tribe; and (iii) the Ely Shoshone Tribe; (2) in the Newe language, the term Bahsahwahbee means Sacred Water Valley; (3) certain Federal public land in Spring Valley, White Pine County, Nevada, known as Bahsahwahbee — (A) is a nationally significant cultural and natural landscape; (B) has been a significant religious gathering area for indigenous people in the Great Basin since time immemorial; (C) was the site of three 19th century massacres of the Newe people that had gathered in the area for religious ceremonies, including 1 of the largest recorded massacres of Native Americans in United States history, which resulted in the death of approximately 525 to 700 men, women, and children; (D) continues to have historical, cultural, traditional, and spiritual significance for the Newe people and other federally recognized Indian Tribes with a historical connection to the area; (E) contains archaeological and cultural resources that provide a historical record of significance, including evidence of— (i) Newe— (I) cultural history; (II) trade systems and regional contacts; (III) population and economic change; and (IV) residence since time immemorial; and (ii) Euro-American exploration and settlement of the western United States, including— (I) the Pony Express Route; (II) Simpson’s Route; and (III) Cleveland Ranch; (F) contains remarkable scenic values providing sweeping views of some of the highest mountains in the State of Nevada, including— (i) Mount Wheeler at 13,060 feet; (ii) Doso Doyabi at 12,775 feet; and (iii) North Schell Peak at 11,880 feet; (G) contains intact ecosystems and unique species, including the largest of 3 known occurrences of a valley bottom ecotype of Rocky Mountain juniper, locally known as the swamp cedar trees, an exceedingly rare plant community, particularly in the high desert environment of northeastern Nevada that relies on shallow groundwater to survive; and (H) due to the remote nature of the area, preserves the opportunity to enjoy natural quiet, dark night skies, and solitude; (4) the Newe and other federally recognized Indian Tribes with historic ties to the area known as Bahsahwahbee — (A) possess distinct and irreplaceable traditional cultural knowledge of the nationally unique area, including the groundwater-dependent springs and swamp cedar trees on the Federal land that are vital for Newe ceremonies; (B) possess traditional ecological and historical knowledge that is critical for informing Federal land management decisions affecting the area; (C) continue to use the area— (i) to hold religious and ceremonial gatherings; (ii) to pass down traditional knowledge; and (iii) to honor and mourn their ancestors who were murdered and mutilated during serial massacres; and (D) consider the grove of swamp cedar trees to be sacred and embody the spirits of the Indigenous Newe people who were killed during the 19th century massacres; and (5) establishing the Federal public land within the Bahsahwahbee landscape as a national monument would permanently protect the natural and cultural resources of the area for the benefit and enjoyment of present and future generations. 3. Definitions In this Act: (1) Advisory committee The term advisory committee means the advisory committee established under section 5(c)(1). (2) Indian tribe The term Indian Tribe has the meaning given the term 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 for the National Monument developed under section 5(b). (4) Map The term map means the map entitled Proposed Bahsahwahbee National Monument and dated June 18, 2024. (5) National monument The term National Monument means the Bahsahwahbee 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. 4. Establishment of Bahsahwahbee National Monument, Nevada (a) Establishment Subject to valid existing rights, there is established the Bahsahwahbee National Monument in the State. (b) Purpose The purpose of the National Monument is to conserve, protect, interpret, and enhance for the benefit and enjoyment of present and future generations the cultural, historical, natural, ecological, educational, and scientific resources of the National Monument. (c) Area included The National Monument shall consist of approximately 25,000 acres of Federal land in White Pine County, Nevada, generally depicted as Proposed Bahsahwahbee National Monument on the map. 5. Management of the national monument (a) In general The Secretary shall manage the National Monument in a manner that conserves, protects, and enhances the resources of the National Monument. (b) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the protection and management of the National Monument, consistent with this Act. (2) Consultation; traditional knowledge In developing the management plan, the Secretary shall— (A) consult with— (i) the advisory committee; (ii) appropriate entities of the Federal Government and State, Tribal, and local governments; (iii) grazing permittees within the boundary of the National Monument; and (iv) members of the public in the vicinity of the National Monument; (B) incorporate the traditional ecological knowledge of members of Indian Tribes; and (C) provide for the commemoration of the Tribal history and culture of the Newe people. (c) Advisory committee (1) Establishment The Secretary shall establish and maintain an advisory committee under chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ), to provide information and advice to the Secretary with respect to— (A) the development of the management plan; and (B) the management of the National Monument. (2) Membership In appointing members to the advisory committee, the Secretary shall ensure that— (A) there is a fair and balanced representation of interested stakeholders; (B) a majority of members are members of Indian Tribes with a historical connection to the land within the National Monument, including members from each of the Duckwater Shoshone Tribe, the Confederated Tribes of the Goshute, and the Ely Shoshone Tribe; and (C) the remaining members represent local governmental entities, grazing permittees within the National Monument, owners of private land, recreational users, conservation organizations, wildlife or hunting organizations, the scientific community, business owners, and local citizens. (d) Native american access and use (1) Access To the extent practicable, the Secretary shall ensure access to the National Monument by members of an Indian Tribe for traditional cultural purposes. (2) Temporary closure (A) In general The Secretary, on the request of an Indian Tribe, may temporarily close to the general public use of 1 or more specific portions of the National Monument in order to protect the privacy of traditional cultural activities in the temporarily closed portion by members of the Indian Tribe. (B) Limitation Any closure under subparagraph (A) shall be made so as to affect the smallest area practicable for the minimum period necessary. (3) Applicable law Access and use by members of an Indian Tribe under this subsection shall be consistent with the purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 et seq. ) and other applicable law. (e) Grazing The Secretary shall permit the grazing of livestock (including the maintenance and replacement of fencing and related grazing infrastructure) in the National Monument, as established as of the date of enactment of this Act, to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary. (f) Motorized vehicles (1) In general Except as provided in paragraph (2), the use of motorized vehicles on land within the National Monument shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan. (2) Exceptions Notwithstanding paragraph (1), the use of motorized vehicles within the National Monument is allowed, if the use is necessary— (A) for administrative purposes; (B) to respond to an emergency; or (C) to allow for continued access to private inholdings and other authorized uses within the National Monument. (g) Acquisition and incorporation of land and interests in land (1) Authority The Secretary may acquire non-Federal land (including interests in non-Federal land) within the boundary of the National Monument by— (A) exchange, if the exchange furthers the purposes of the National Monument, as determined by the Secretary; (B) donation; or (C) purchase from a willing seller with donated or appropriated funds. (2) Management Any non-Federal land or interest in non-Federal land that is acquired by the United States under paragraph (1) shall— (A) become part of the National Monument; (B) be withdrawn in accordance with subsection (h); and (C) be managed in accordance with this Act. (h) Withdrawal Subject to valid existing rights, the Federal land and interests in Federal land within the National Monument are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws. (i) Military overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military aircraft over the National Monument, including military overflights that can be seen, heard, or detected within the National Monument; (2) flight testing and evaluation over the National Monument; (3) the designation or creation of new units of special use airspace over the National Monument; or (4) the establishment of military flight training routes over the National Monument. (j) Water rights Nothing in this Act affects— (1) any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States; or (2) the use or allocation of any water right. (k) Fish and wildlife Nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management within the National Monument. (l) No effect on rights of indian tribes Nothing in this Act affects the treaty rights or jurisdiction of any Indian Tribe. (m) Effect on designated corridors Nothing in this Act— (1) affects the designated transmission right-of-way or corridor for Nevada State Highway 50; (2) affects the existence, use, operation, access, maintenance, upgrade, repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation improvement funding, removal, or replacement of any water facility or utility facility within an existing right-of-way or designated transportation or utility corridor issued before the date of enactment of this Act within the National Monument; or (3) prohibits access to, or the repair or replacement of, a transmission or fiber optic line within a right-of-way within the boundary of the National Monument issued before the date of enactment of this Act. (n) No buffer zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around the National Monument. (2) Activities outside national monument The fact that an activity or use on land outside the National Monument can be seen or heard within the National Monument shall not preclude the activity or use outside the National Monument boundary. (o) Agreements and partnerships To the maximum extent practicable and in accordance with applicable laws, on request of 1 or more Indian Tribes referred to in subsection (c)(2)(B), the Secretary shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the applicable Indian Tribes with respect to management of the National Monument under relevant Federal authority. (p) Interpretation and education The Secretary, in coordination with the Indian Tribes referred to in subsection (c)(2)(B), shall provide for public interpretation of, and education on, the history and natural and cultural resources of the National Monument.