II 118th CONGRESS 1st Session S. 2262 IN THE SENATE OF THE UNITED STATES July 12, 2023 Ms. Sinema (for herself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument in the State of Arizona, and for other purposes.

1. Short title This Act may be cited as the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument Act . 2. Findings Congress finds that— (1) the Grand Canyon ecosystem and watershed— (A) is— (i) a nationally significant landscape; (ii) an ancestral homeland for regional Indian Tribes; (iii) an important species migration corridor; (iv) a fragile ecosystem; and (v) a remote refuge of scientific, climatic, and recreational importance; and (B) urgently requires congressional protection; (2) the Associated Tribes— (A) have a longstanding historical, cultural, and religious connection to the Grand Canyon ecosystem and watershed; and (B) have been stewards of the natural and cultural resources that comprise the landscape of the Grand Canyon ecosystem, including the plants, wildlife, and water sources of the landscape, since time immemorial; (3) from quarries and campsites to housesites, pictographs, rock shelters, petroglyphs, storage bins, caves, seeps, springs, and sacred sites like Red Butte and Kanab Creek, the landscape of the Grand Canyon area continues to play a vital role in the cultural and religious life of the Associated Tribes; (4) through the role of the Associated Tribes as stewards of the Grand Canyon ecosystem and watershed, the Associated Tribes possess deep traditional ecological and cultural knowledge of the unique and fragile landscape, which serves a vital role in the continued management of the land as the land faces new and growing threats from climate change, biodiversity loss, and extreme drought; (5) given the traditional and cultural knowledge of the Associated Tribes and the sacred importance of the landscape of the Grand Canyon area, it is essential that the Associated Tribes play an integral role in the management planning for and ongoing stewardship of the National Monument; (6) the Grand Canyon ecosystem and watershed in northern Arizona contains nationally significant biological, cultural, recreational, geological, educational, and scientific values; (7) the Grand Canyon ecosystem and watershed is integral to Grand Canyon National Park; (8) the surface tributaries and groundwater sources within the Grand Canyon watershed are interconnected and contribute significantly to the flow of the Colorado River, which provides a source of drinking water for millions of citizens of the United States; (9) the Grand Canyon ecosystem and watershed contains a diverse array of canyons, cliffs, grasslands, springs, and escarpments that create a landscape unlike any other landscape in the United States; (10) wildlife corridors within the Grand Canyon ecosystem and watershed facilitate the migration and survival of many native game species, while the rivers, forests, and grasslands provide habitat for many rare species, threatened species, and endangered species; (11) the Grand Canyon ecosystem and watershed provides a wild and rugged landscape enjoyed by hunters, campers, hikers, mountain bikers, equestrians, and other recreationists; and (12) recreational activity within the Grand Canyon watershed is the primary driver of sustainable economic development in local communities in the vicinity of the Grand Canyon watershed. 3. Definitions In this Act: (1) Associated Tribe The term Associated Tribe means each of— (A) the Havasupai Tribe; (B) the Hopi Tribe; (C) the Hualapai Indian Tribe; (D) the Navajo Nation; (E) the Kaibab Band of Paiute Indians; (F) the Paiute Indian Tribe of Utah (consisting of the Cedar Band of Paiutes, the Kanosh Band of Paiutes, the Koosharem Band of Paiutes, the Indian Peaks Band of Paiutes, and the Shivwits Band of Paiutes); (G) the Las Vegas Tribe of Paiute; (H) the Moapa Band of Paiute Indians; (I) the San Juan Southern Paiute Tribe; (J) the Yavapai-Apache Nation; (K) the Zuni Tribe; and (L) the Colorado River Indian Tribes. (2) Indian land The term Indian land means land of an Indian Tribe or an individual Indian that is— (A) held in trust by the United States; or (B) subject to a restriction against alienation imposed by the United States. (3) Indian Tribe The term Indian Tribe means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (4) Management plan The term management plan means the plan developed under section 5(b). (5) Map The term map means the map entitled Proposed Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument and dated May 25, 2023. (6) National Monument The term N ational Monument means the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument established by section 4(a). (7) Public land The term public land means land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, other than land held in trust by the United States for the benefit of an Indian Tribe or an individual Indian. (8) Secretaries The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly. (9) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior. (10) State The term State means the State of Arizona. (11) Tribal commission The term Tribal commission means the commission established under section 8(a). (12) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (13) Wildlife management The term wildlife management means the use, by the State, of methods and procedures necessary or desirable to sustain healthy populations of wildlife, including all activities associated with scientific resources management, such as research, census, monitoring of populations, disease surveillance, law enforcement, improvement and management of habitat, live trapping and transplantation, wildlife damage management, and hunting and fishing. 4. Establishment of the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument (a) Establishment Subject to valid existing rights, there is established the Baaj Nwaavjo I’tah Kukveni Grand Canyon National Monument in the State, to be administered by the Secretaries. (b) Purpose The purpose of the National Monument is to protect, conserve, and enhance the unique and nationally important historic, cultural, archaeological, natural, scenic, dark-sky, wildlife, biological, ecological, scientific, geological, hydrological, educational, and recreational resources of the National Monument. (c) Area included (1) In general The National Monument shall consist of approximately 1,069,970 acres of public land in the State, as generally depicted on the map. (2) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. 5. Management of the National Monument (a) In general The Secretaries shall administer the National Monument— (1) in a manner that conserves, protects, and enhances the resources of the National Monument; (2) in accordance with— (A) this Act; (B) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (C) any other applicable laws; and (3) in the case of National Monument land under the jurisdiction of the Secretary of the Interior, as a component of the National Landscape Conservation System. (b) Management plan (1) In general Not later than 2 years after the date of enactment of this Act, the Secretaries shall develop a comprehensive management plan for the long-term management of the National Monument. (2) Consultation; access The Secretaries shall— (A) in developing the management plan, consult with— (i) appropriate entities of the Federal Government and Tribal, State, and local governments; (ii) the Tribal commission; and (iii) members of the public; and (B) allow for continued access for wildlife management within the National Monument by the State during the development of the management plan. (3) Requirements The management plan shall— (A) describe the appropriate uses of the National Monument; (B) to the maximum extent practicable, provide for the careful and full incorporation of the traditional and historical knowledge and special expertise of the Associated Tribes in the management plan; (C) identify opportunities for Associated Tribes to participate in the co-stewardship of resources within the National Monument; (D) identify opportunities to protect and preserve Indian sacred sites (as defined in section 1(b) of Executive Order 13007 ( 42 U.S.C. 1996 note; relating to Indian sacred sites)) and traditional and cultural sites and ensure access to those sites for Tribal activities, including for spiritual purposes, cultural purposes, and traditional plant-based food and plant-based medicine-gathering purposes, by members of the Associated Tribes; (E) (i) identify short-term and long-term management actions; and (ii) prioritize the management actions identified under clause (i) based on the projected availability of resources; (F) authorize the appropriate use of motorized and mechanized vehicles in the National Monument, including providing for the maintenance of appropriate roads, in accordance with the protection of resources within the National Monument; (G) provide for continued recreational uses of the National Monument, including hunting, fishing, hiking, camping, mountain biking, birding, and horseback riding, to the extent that those uses are consistent with this Act and applicable law; and (H) incorporate any provision of an applicable land and resource management plan that the Secretaries consider to be appropriate, in consultation with the Associated Tribes. (4) Review Not less frequently than annually, the Secretaries shall review the management plan to ensure the management plan is meeting the requirements of this Act. (c) Uses The Secretaries shall allow only those uses of the National Monument that the Secretaries determine would further the purpose of the National Monument. (d) Cooperative agreements In carrying out this Act, the Secretaries shall, to the maximum extent practicable, make grants to, or enter into cooperative agreements or shared management arrangements with, the Associated Tribes to further the purpose of the National Monument. (e) Self-Determination contracts (1) In general In carrying out this Act, the Secretaries may contract with 1 or more Associated Tribes or Tribal organizations to perform administrative or management functions within the National Monument through contracts entered into under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). (2) Tribal assistance The Secretaries may provide technical and financial assistance to an Associated Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5322 ) to improve the capacity of the Indian Tribe to develop, enter into, and carry out activities under a contract entered into under paragraph (1). (f) Approval of funding agreements The Secretary of the Interior may approve funding agreements under title IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5361 et seq. ) for the management of programs and functions relating to the management and protection of traditional cultural properties and other culturally significant programming associated with the National Monument. (g) Temporary closures (1) In general The Secretaries may temporarily close to the general public the use of 1 or more specific portions of the National Monument to protect the privacy of cultural, religious, and gathering activities by members of an Associated Tribe. (2) Requirements (A) In general Any closure under paragraph (1)— (i) shall be made so as to affect the smallest practicable area for the minimum period of time necessary; and (ii) may not be made permanent. (B) Access Access by members of an Associated Tribe to a portion of the National Monument closed under paragraph (1) 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. ). (h) Motorized and mechanized vehicles (1) In general Except as provided in paragraph (2), the use of motorized or mechanized vehicles on land within the National Monument shall be permitted only on roads and trails designated for the use of motorized or mechanized vehicles by the management plan. (2) Exception The use of motorized or mechanized vehicles shall be permitted in the National Monument on roads and trails not designated by the management plan for the use of motorized or mechanized vehicles in cases in which the use is necessary— (A) for administrative purposes; (B) for wildlife management; (C) to respond to an emergency; or (D) to hunt and fish in accordance with all applicable laws (including regulations) and policies, including the guidelines detailed in the Arizona Off-Highway Vehicle Guide published by the Arizona Game and Fish Department. (i) Grazing The grazing of livestock in the National Monument, if established or permitted before the date of enactment of this Act, shall be allowed to continue subject to all applicable laws (including regulations). (j) Commercial recreation activities The Secretary concerned shall allow commercial recreation activities within the National Monument in accordance with— (1) this Act; and (2) other applicable laws (including regulations). (k) Law enforcement The Secretaries, in consultation with Associated Tribes, shall ensure adequate law enforcement presence with respect to law enforcement matters under the jurisdiction of the Secretaries to further the purpose and protect the resources of the National Monument. (l) Sand and gravel operations The Secretary concerned may permit sand and gravel operations within the National Monument in accordance with— (1) this Act; and (2) other applicable laws (including regulations). (m) Hunting and fishing (1) In general Hunting and fishing shall be authorized within the National Monument in accordance with— (A) State law; (B) treaty obligations of the United States; and (C) any other applicable laws (including regulations). (2) No conflict with purposes The hunting, fishing, or other taking of wildlife within the National Monument shall not be considered to conflict with the purposes of the National Monument or this Act. (n) Habitat and ecological restoration In accordance with any applicable laws (including regulations), the Secretaries shall— (1) provide for the development and implementation of credible science-based habitat and ecological restoration projects within the National Monument; and (2) collaborate with the State on wildlife management within the National Monument, including through the development of new, or continuation of existing, memoranda of understanding with the Arizona Game and Fish Department. 6. Withdrawal of Federal land from mining laws (a) Withdrawal Subject to valid existing rights, the public land and interests in public 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. (b) Relinquishment and later acquisition If a valid existing right described in subsection (a) is relinquished or otherwise acquired by the United States after the date of enactment of this Act, the land that was subject to that right shall be immediately withdrawn in accordance with that subsection. (c) Additional land If the Secretaries acquire mineral or other interests in a parcel of land within the National Monument after the date of enactment of this Act, the parcel is withdrawn from operation of the laws referred to in subsection (a) on the date of acquisition of the parcel or interest. 7. Exemption from disclosure under Freedom of Information Act (a) In general Except as provided in subsection (b), any information relating to the nature and specific location of a cultural resource located at the National Monument shall not be disclosed by the Secretaries and shall be exempt from the disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (b) Exception The Secretaries, in consultation with Associated Tribes, may disclose information described in subsection (a) if the Secretaries determine that the disclosure— (1) would— (A) further the purposes of the National Monument or this Act; and (B) be in accordance with other applicable laws; and (2) would not create an undue risk of harm to or theft or destruction of the cultural resource or the site at which the cultural resource is located. 8. Tribal commission (a) In general To ensure that the management of the National Monument reflects the expertise and traditional, cultural, ecological, historical, and Native knowledge of Associated Tribes, not later than 180 days after the date of enactment of this Act, the Secretaries shall establish for the National Monument a Tribal commission. (b) Duties The Tribal commission shall provide guidance and recommendations on the development and implementation of the management plan for, and policies of, the National Monument. (c) Membership The Tribal commission shall consist of the representatives designated by each Associated Tribe, with a maximum of 1 representative per Associated Tribe. (d) New members (1) In general In coordination with the Tribal commission, the Secretaries may offer membership on the Tribal commission to any Indian Tribe that, in the determination of the Secretaries, is a successor of an Associated Tribe. (2) Representation An Indian Tribe made a member of the Tribal commission under paragraph (1) shall be considered to be an Associated Tribe for purposes of subsection (c). (e) Exemption Chapter 10 of title 5, United States Code (commonly referred to as the Federal Advisory Committee Act ), shall not apply to the Tribal commission. 9. Effect (a) 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; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any claims or right to water not asserted or finally determined as of the date of enactment of this Act; (4) affects any interstate water compact in existence on the date of enactment of this Act; (5) authorizes or imposes any new reserved Federal water rights; or (6) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (b) Fish and wildlife Nothing in this Act— (1) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and wildlife under State law (including regulations), including the regulation of hunting, fishing, trapping, and recreational shooting on public land within the National Monument, and the exercise of State authority shall not be construed as conflicting with the purposes of the National Monument or this Act; (2) limits access for hunting, fishing, trapping, or recreational shooting; or (3) limits, under the authority of and in coordination with the Arizona Game and Fish Department, the ability of Associated Tribes to conduct ceremonial hunts. (c) Tribal treaty rights; Tribal rights Nothing in this Act— (1) alters, modifies, enlarges, abrogates, or diminishes rights secured by treaty, statute, Executive order, or other Federal law of any Indian Tribe, including off-reservation reserved rights; or (2) affects any Indian land. (d) Public access Except as otherwise provided in this Act, nothing in this Act affects public access to land within the National Monument. (e) Non-Federal land Nothing in this Act modifies any provision of Federal, State, or local law with respect to use of non-Federal land. (f) Utility and transmission facilities (1) In general Nothing in this Act precludes the renewal or assignment of, or interferes with the operation, maintenance, replacement, modification, upgrade, or access to, within or adjacent to the boundary of the National Monument— (A) existing flood control, utility, pipeline, and telecommunications facilities; (B) roads or highway corridors; (C) seismic monitoring facilities; or (D) other water infrastructure, including wildlife water developments or water district facilities. (2) Expansion; construction of new facilities Any existing facility within or adjacent to the boundary of the National Monument described in subparagraph (A), (C), or (D) of paragraph (1) may be expanded and any new facility described in those subparagraphs may be constructed, to the extent consistent with— (A) section 5(a); and (B) other applicable law.