Great Bend of the Gila National Monument Establishment Act

Bill: 118-hr-9257
Sponsor: full_name: Rep. Grijalva, Raúl M. [D-AZ-7]
Introduced: 2024-08-02
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2024-08-02
text: Referred to the House Committee on Natural Resources.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 9257 IN THE HOUSE OF REPRESENTATIVES August 2, 2024 Mr. Grijalva (for himself, Mr. Huffman , Mr. Carson , Ms. Stansbury , Ms. Titus , Mr. Blumenauer , and Mr. Neguse ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Great Bend of the Gila National Monument in the State of Arizona, and for other purposes.

1. Short title This Act may be cited as the Great Bend of the Gila National Monument Establishment Act . 2. Definitions In this Act: (1) Indian Tribe The term Indian Tribe means an Indian 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 ). (2) Interested indian tribe The term interested Indian Tribe means any Indian Tribe with— (A) historic, precontact, cultural, or religious connections to lands within the National Monument; (B) a former reservation located on land within the National Monument; or (C) treaty rights or other reserved rights applicable to land within the National Monument. (3) Land management plan The term land management plan means the land management plan developed under section 4(b). (4) Map The term Map means the map titled Proposed Great Bend of the Gila National Monument and dated November 3, 2023. (5) National monument The term National Monument means the Great Bend of the Gila National Monument established by section 3(a). (6) Sacred site The term sacred site means any geophysical or geographical area or feature that is identified by the governing body of an Indian Tribe— (A) as sacred by virtue of its established religious significance to, or ceremonial use in, a Tribal religion; or (B) to be of established cultural significance. (7) Secretary The term Secretary means the Secretary of the Interior. (8) State The term State means the State of Arizona. (9) Traditional Ecological Knowledge The term Traditional Ecological Knowledge means a body of observations, oral and written knowledge, practices, and beliefs that promotes environmental sustainability and the responsible stewardship of natural resources through relationships between humans and environmental systems, applied across biological, physical, and cultural systems. (10) Tribal Commission The term Tribal Commission means the Tribal Commission established under section 6(a). 3. Establishment of national monument (a) Establishment (1) In general Subject to valid existing rights, there is established in the State the Great Bend of the Gila National Monument. (2) Area included The Great Bend of the Gila National Monument shall consist of approximately 376,963 acres of land administered by the Bureau of Land Management, as generally depicted on the Map. (b) Purposes The purposes of the National Monument are to protect and restore, for the benefit and enjoyment of present and future generations, the nationally important Indigenous heritage, cultural landscape, archaeological, cultural, historic, geologic, hydrologic, natural, recreational, educational, and scenic resources of the National Monument. 4. Management of national monument (a) Management (1) In general The Secretary shall manage the National Monument— (A) in a manner that— (i) conserves, protects, and enhances the resources of the National Monument; and (ii) preserves and protects sacred sites and traditional cultural properties; (B) in consultation with the Tribal Commission; (C) as a component of the National Landscape Conservation System; and (D) in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (ii) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); (iii) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ; 42 U.S.C. 1996 ); (iv) this Act; and (v) any other applicable law. (b) Land management plan (1) In general Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a comprehensive land management plan providing for the long-term protection and management of the National Monument. (2) Development In developing a land management plan, the Secretary shall— (A) consult with— (i) Indian Tribes; (ii) appropriate State and local governmental entities; and (iii) members of the public; and (B) provide for continued access for wildlife management within the National Monument by the State during the development of the land management plan. (3) Requirements The land management plan shall— (A) describe the appropriate uses and management of the National Monument; (B) provide for traditional uses of the National Monument by members of Indian Tribes; (C) include the Traditional Ecological Knowledge or special expertise offered by Indian Tribes and provisions to appropriately protect that knowledge; (D) provide for the protection and preservation of cultural resources within the National Monument; (E) incorporate provisions for continued meaningful engagement with Indian Tribes in the implementation of the land management plan; (F) emphasize the retention of natural quiet, dark night skies, and scenic attributes of the landscape; (G) include comprehensive travel management plans; (H) maintain the undeveloped character of the lands within the National Monument; (I) minimize impacts from surface-disturbing activities; and (J) provide for appropriate access for livestock grazing, recreation, hunting, wildlife management, and scientific research. (c) New roads and routes (1) In general Except as provided in paragraph (2) and as necessary in an emergency, no new permanent or temporary roads or other motorized vehicle routes shall be constructed within the National Monument after the date of the enactment of this Act. (2) Access The Secretary shall allow access, in accordance with applicable law, to— (A) non-Federal land and interests in non-Federal land within the National Monument; and (B) trust or restricted lands or a trust or restricted interest in land (as defined by section 201(4) of the Indian Land Consolidation Act ( 25 U.S.C. 2201(4) )) within the National Monument. (3) Resource protection area Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Map as Proposed Resource Protection Area shall be prohibited. (d) Tribal co-Stewardship (1) In general The Secretary shall consult with interested Indian Tribes with respect to the management of the National Monument. (2) Decisionmaking The Secretary shall ensure that management decisions affecting the National Monument are informed by and reflect Tribal expertise and Traditional Ecological Knowledge. (3) Self-determination contracts (A) In general In carrying out this Act, the Secretary may contract with 1 or more Indian Tribes 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. ). (B) Tribal assistance The Secretary may provide technical and financial assistance to an Indian 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). (e) Approval of funding agreements The Secretary 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. (f) Temporary closures (1) In general The Secretary 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 Indian 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; (ii) shall be in accordance with the requirements of applicable law, including division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ); and (iii) may not be made permanent. (B) Access Access by members of an Indian Tribe to a portion of the National Monument closed under paragraph (1) shall be consistent with purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ; 42 U.S.C. 1996 et seq. ). 5. Administrative provisions (a) Withdrawal Subject to valid existing rights, all Federal land in the National Monument (including any land acquired by the Secretary within the National Monument after the date of the enactment of this Act) is 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, mineral materials, and geothermal leasing laws. (b) Acquisition and incorporation (1) In general The Secretary may acquire land or an interest in land within the boundaries of the National Monument by purchase from a willing seller, donation, or exchange. (2) State lands The Secretary, in collaboration with the Arizona State Land Department, shall seek to acquire by exchange or purchase from a willing seller those lands generally depicted on the Map as Lands Identified for Potential Acquisition . (3) Incorporation in national monument Land acquired under this subsection shall— (A) become part of the National Monument; and (B) be managed in accordance with this Act and any other applicable laws. (c) Grazing (1) Effect Nothing in this Act shall be construed to prohibit grazing within the National Monument pursuant to existing leases or permits, or the renewal or assignment of such leases or permits. (2) Administration The Secretary shall continue to administer grazing within the National Monument in accordance with the applicable laws, regulations, and policies. (d) Fish and wildlife Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. (e) Water rights 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. (f) 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 or heard within the National Monument; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Monument. (g) Adjacent management (1) In general Nothing in this Act shall be construed to create a protective perimeter or buffer zone around the National Monument. (2) Activities and uses The fact that activities or uses can be seen or heard from areas within the National Monument shall not preclude the conduct of the activities or uses outside the boundary of the National Monument. (h) Tribal rights Nothing in this Act alters or diminishes— (1) the treaty rights of any Indian Tribe; or (2) the hunting, fishing, and gathering rights of the Tohono O’odham Nation recognized by section 4(b) of the Gila Bend Indian Reservation Lands Replacement Act ( Public Law 99–503 ). (i) Utility and transmission facilities (1) In general Nothing in this Act, unless inconsistent with proper care and management of the National Monument, precludes or interferes with renewing, assigning, operating, maintaining, replacing, modifying, upgrading, or accessing any of the following, within or adjacent to the boundary of the National Monument: (A) Flood control, utility, pipeline, and telecommunications facilities. (B) Roads or highway corridors. (C) Seismic monitoring facilities. (D) Other water infrastructure, including wildlife water developments and water district facilities. (2) Expansion; Construction of new facilities With respect to a facility described in subparagraph (A), (C), or (D) of paragraph (1) that is within or adjacent to the boundary of the National Monument, subject to section 5(a) and any other applicable law— (A) an existing facility may be expanded; and (B) a new facility may be constructed. 6. 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 interested Indian Tribes, not later than 180 days after the date of enactment of this Act, the Secretary 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 interested Indian Tribe, with a maximum of 1 representative per interested Indian Tribe. (d) 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.