Bandelier National Park and Preserve Establishment Act

Bill: 116-s-2924
Sponsor: full_name: Sen. Heinrich, Martin [D-NM]
Introduced: 2019-11-21
Policy area: Public Lands and Natural Resources
Subjects: Aviation and airports

Forests, forestry, trees

Historical and cultural resources

Horticulture and plants

Hunting and fishing

Indian lands and resources rights

Mining

Monuments and memorials

New Mexico

Parks, recreation areas, trails
Latest action: action_date: 2020-03-04
text: Committee on Energy and Natural Resources Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 116-367.

Summaries:
action_date: 2019-11-21
action_desc: Introduced in Senate
text: <p><b>Bandelier National Park and Preserve Establishment Act</b></p> <p>This bill converts the Bandelier National Monument in Sandoval County, New Mexico, into a unit of the National Park System known as the Bandelier National Park and Preserve.</p> <p>The Department of the Interior shall permit hunting on land in the preserve in the same manner as hunting is managed in the Valles Caldera National Preserve. </p> <p>Interior shall provide access to traditional cultural and religious sites in the park and preserve by members of Indian tribes for traditional cultural and customary uses. </p> <p>Interior shall allow an enrolled member of any tribe that is culturally affiliated with the land within the park and preserve or the Valles Caldera National Preserve to collect plants and mineral resources for noncommercial traditional and cultural uses.</p> <p>Interior shall establish a tribal commission for the park and preserve to provide guidance and recommendations on the development and implementation of management plans for and policies of the park and preserve.</p> <p>Interior and the Department of Agriculture shall seek to enter into an agreement to adjust the boundary between the Valles Caldera National Preserve and the Santa Fe National Forest to improve management of those areas.</p>

tv_txt: II 116th CONGRESS 1st Session S. 2924 IN THE SENATE OF THE UNITED STATES November 21, 2019 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Bandelier National Park and Preserve in the State of New Mexico.

1. Short title This Act may be cited as the Bandelier National Park and Preserve Establishment Act . 2. Definitions In this Act: (1) Commission The term Commission means the Tribal commission established under section 4(d). (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) Map The term map means the map entitled Bandelier National Park and Preserve Proposed Boundary , numbered 315/149,741, and dated December 2018. (4) National Park The term National Park means the Bandelier National Park, consisting of approximately 29,656 acres of land in the State, as generally depicted on the map. (5) National Preserve The term National Preserve means the Bandelier National Preserve, consisting of approximately 4,011 acres of land in the State, as generally depicted on the map. (6) Secretary The term Secretary means the Secretary of the Interior. (7) State The term State means the State of New Mexico. (8) Unmanned aircraft The term unmanned aircraft means— (A) a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device; and (B) any associated operational element or component required for the pilot or system operator in command to operate or control a device described in subparagraph (A). 3. Establishment of Bandelier National Park and Preserve (a) Establishment (1) In general To protect, preserve, interpret, and provide for the enjoyment of the scenic, scientific, educational, natural, geological, historical, cultural, archaeological, fish, wildlife, and recreational values of the National Park and the National Preserve, there is established as a unit of the National Park System in the State a national park and national preserve, to be known as the Bandelier National Park and Preserve . (2) Boundaries The Bandelier National Park and Preserve shall consist of— (A) the National Park; and (B) the National Preserve. (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (4) Effect of subsection Nothing in this subsection affects the designation or management of land located within the boundaries of the Bandelier National Park and Preserve that is designated as wilderness under the Wilderness Act ( 16 U.S.C. 1131 et seq.) before the date of enactment of this Act, including the Bandelier Wilderness. (b) Abolishment of Bandelier National Monument (1) Abolishment Due to the establishment of the Bandelier National Park and Preserve, the Bandelier National Monument in Sandoval County, New Mexico, is abolished. (2) Incorporation The land and interests in land that constitute the Bandelier National Monument (as in existence on the day before the date of enactment of this Act) are incorporated in, and shall be considered to be a part of, the Bandelier National Park and Preserve. (c) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the monument referred to in subsection (b)(1) shall be deemed to be a reference to the Bandelier National Park and Preserve . (d) Availability of funds Any funds available for the monument referred to in subsection (b)(1) shall be available for the Bandelier National Park and Preserve. (e) Administration Subject to section 4(a), the Secretary shall administer the Bandelier National Park and Preserve in accordance with— (1) this Act; and (2) the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54, United States Code. 4. Management of Bandelier National Park and Preserve and Valles Caldera National Preserve (a) Hunting (1) In general Subject to paragraph (2), the Secretary shall permit hunting on land in the National Preserve in the same manner as hunting is managed in the Valles Caldera National Preserve under section 3043(b)(7) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 16 U.S.C. 698v–11(b)(7) ). (2) Management At the discretion of the Secretary, the Superintendent of the Valles Caldera National Preserve may manage hunting in the National Preserve under paragraph (1). (b) Traditional cultural and religious sites (1) In general The Secretary, in consultation with Indian tribes, shall ensure the protection of traditional cultural and religious sites in the Bandelier National Park and Preserve. (2) Access The Secretary, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 et seq.)— (A) shall provide access to the sites described in paragraph (1) by members of Indian tribes for traditional cultural and customary uses; and (B) may, on request of an Indian tribe, temporarily close to general public use 1 or more specific areas of the Bandelier National Park and Preserve to protect traditional cultural and customary uses in the area by members of the Indian tribe. (c) Collection of plants and mineral resources by members of culturally affiliated Indian tribes (1) In general The Secretary shall allow an enrolled member of any Indian tribe (including the Pueblo of San Ildefonso and the Pueblo of Santa Clara) that is culturally affiliated with the land located within the boundaries of the Bandelier National Park and Preserve or the Valles Caldera National Preserve to collect plants, including parts or products of plants, and mineral resources within the Bandelier National Park and Preserve and the Valles Caldera National Preserve for noncommercial traditional and cultural uses. (2) Application (A) In general Except as provided in subparagraph (B), a collection activity under paragraph (1) shall be— (i) consistent with applicable laws; and (ii) subject to such conditions as the Secretary determines to be necessary to protect the resources and values of the Bandelier National Park and Preserve or the Valles Caldera National Preserve. (B) Quantity limitations (i) Existing regulations No quantity limitation contained in a regulation of the National Park Service in effect on the date of enactment of this Act shall apply to a collection activity under paragraph (1). (ii) Limitations imposed by Secretary The Secretary may limit the quantity of plants, including parts or products of plants, and mineral resources collected under paragraph (1) if the Secretary determines that the limitation is necessary to protect the resources and values of the Bandelier National Park and Preserve or the Valles Caldera National Preserve. (d) Tribal commission (1) In general To ensure that the management of the Bandelier National Park and Preserve reflects the expertise and traditional and historical knowledge of members of applicable Indian tribes, the Secretary shall establish a Tribal commission for the Bandelier National Park and Preserve. (2) Purpose The Commission shall provide guidance and recommendations on the development and implementation of management plans for, and policies of, the Bandelier National Park and Preserve. (3) Membership The Commission shall consist of 1 representative designated by the governing body of each Indian tribe with a historical association with the area within the boundaries of the Bandelier National Park and Preserve. (4) Incorporation of recommendations In developing plans and policies for the Bandelier National Park and Preserve, the Secretary shall carefully and fully consider incorporating the traditional and historical knowledge and special expertise of members of the Commission or a comparable entity. (5) Written explanation If the Secretary determines not to incorporate a specific recommendation submitted to the Secretary in writing by the Commission, the Secretary shall provide to the Commission a written explanation of the reason for the determination. (e) Withdrawal from Federal mining and mineral leasing laws (1) Withdrawal Subject to valid existing rights in effect on the date of enactment of this Act, the land located within the boundaries of the Bandelier National Park and Preserve is withdrawn from— (A) location, entry, and patent under the mining laws; and (B) disposition under all laws pertaining to mineral and geothermal leasing. (2) Acquired land Any land or interest in land that is acquired by the United States after the date of enactment of this Act for inclusion in the Bandelier National Park and Preserve, shall, on acquisition, be immediately withdrawn in accordance with this subsection. (3) Effect Nothing in this subsection affects any recreational use, including hunting or fishing, that is authorized on the land within the boundaries of the Bandelier National Park and Preserve under applicable law as of the date of enactment of this Act. (f) Boundary adjustment (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall seek to enter into an agreement to adjust the boundary between the Valles Caldera National Preserve and the Santa Fe National Forest for the purpose of improving the management of the Valles Caldera National Preserve and the Santa Fe National Forest, respectively. (2) Adjustment Subject to paragraph (4), if an agreement is entered into by the Secretary and the Secretary of Agriculture under paragraph (1), the boundary between the Valles Caldera National Preserve and the Santa Fe National Forest shall be adjusted in accordance with the agreement. (3) Incorporated land Any land added to the Valles Caldera National Preserve or the Santa Fe National Forest as a result of the boundary adjustment under paragraph (2) shall be— (A) subject to any law applicable to the unit to which the land is added; and (B) withdrawn from— (i) all forms of entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (4) Contracts and permits Before adjusting the boundary under paragraph (2), the Secretary or the Secretary of Agriculture, as applicable, shall, with respect to any contract or permit on land affected by the agreement entered into under paragraph (1)— (A) allow the contract or permit to expire at the end of the period of performance of the contract or permit; or (B) modify the contract or permit to exclude the portion of the land covered by the agreement. (5) Rights-of-way and easements Any right-of-way or easement with respect to land transferred to the Secretary or the Secretary of Agriculture under the agreement entered into under paragraph (1) shall be transferred to the Secretary or the Secretary of Agriculture, as applicable. (g) Unmanned aircraft (1) In general Except as provided in paragraph (2), launching, landing, or operating an unmanned aircraft is prohibited within the boundaries of the Bandelier National Park and Preserve. (2) Authorized use (A) In general Subject to subparagraph (B), the Secretary may permit the use of an unmanned aircraft for— (i) administrative purposes, including— (I) scientific study; (II) search and rescue operations; (III) fire operations; (IV) law enforcement; or (V) other administrative purposes, as determined by the Secretary; or (ii) activities conducted under an applicable— (I) scientific research or collecting permit; or (II) special use permit that specifically authorizes launching, landing, or operating the unmanned aircraft. (B) Limitation The Secretary may not permit the use of an unmanned aircraft under subparagraph (A) if the use would cause an unacceptable impact to the resources or values of the National Park or the National Preserve, as determined by the Secretary.