Sáttítla National Monument Establishment Act

Bill: 118-s-5001
Sponsor: full_name: Sen. Padilla, Alex [D-CA]
Introduced: 2024-09-10
Policy area: Public Lands and Natural Resources
Latest action: action_date: 2024-09-10
text: Read twice and referred to the Committee on Energy and Natural Resources.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5001 IN THE SENATE OF THE UNITED STATES September 10, 2024 Mr. Padilla (for himself and Ms. Butler ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Sáttítla National Monument in the State of California, and for other purposes.

1. Short title This Act may be cited as the Sáttítla National Monument Establishment Act . 2. Definitions In this Act: (1) Commission The term Commission means the Sáttítla National Monument Tribal Commission established under section 5(a). (2) Culturally affiliated indian tribe The term culturally affiliated Indian Tribe means a federally recognized Indian Tribe that— (A) the Secretary of the Interior acknowledges to exist as an Indian Tribe pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); and (B) is determined by the Secretary to have a cultural connection to the Monument. (3) Management plan The term management plan means the management plan for the Monument developed under section 4. (4) Map The term Map means the map entitled Sáttítla National Monument–Proposed and dated August 20, 2024. (5) Monument The term Monument means the Sáttítla National Monument established by section 3(a). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) State The term State means the State of California. (8) Traditional and cultural purpose The term traditional and cultural purpose , with respect to a culturally affiliated Indian Tribe, means a use, area, or practice identified by the culturally affiliated Indian Tribe as traditional or cultural because of the significance or ceremonial nature of the use, area, or practice to the culturally affiliated Indian Tribe. 3. Establishment of Sáttítla National Monument (a) Establishment Subject to valid existing rights, there is established the Sáttítla National Monument in the State, consisting of approximately 206,563 acres of Federal land administered by the Forest Service, as generally depicted on the Map. (b) Purposes The purposes of the Monument are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Monument; and (2) to provide for the cooperative and collaborative management of the Monument with culturally affiliated Indian Tribes. (c) Management (1) In general The Secretary shall manage the Monument— (A) in a manner that conserves, protects, and enhances the land and resources of the Monument; (B) in accordance with— (i) the principles of multiple use and sustained yield in accordance with the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); (ii) this Act; and (iii) any other applicable Federal law (including regulations); and (C) in cooperation and collaboration with culturally affiliated Indian Tribes. (2) Access and use by culturally affiliated indian tribes (A) Access The Secretary shall allow access to the Monument by members of a culturally affiliated Indian Tribe for traditional and cultural purposes. (B) Temporary closure In carrying out this paragraph, the Secretary, on the request of a culturally affiliated Indian Tribe and subject to valid existing rights and authorizations (including access to private property), may temporarily close any area of the Monument to the public to protect the privacy of Tribal activities for traditional and cultural purposes conducted by members of the culturally affiliated Indian Tribe. (C) Applicable law The access and use by members of a culturally affiliated Indian Tribe under this paragraph 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. ). (3) Recreation The Secretary shall continue to authorize and enhance recreation in the Monument, including camping, hiking, fishing, boating, backpacking, sightseeing, nature study, horseback riding, hunting, guard station and lookout recreation rentals, hang gliding, climbing, mountain biking, and motorized recreation on designated routes (including snowmobiling), if the recreational use is consistent with— (A) the purposes described in subsection (b); (B) this Act; (C) other applicable Federal law (including regulations); (D) applicable land management plans; and (E) input from the Commission regarding potential impacts on culturally sensitive sites and resources. (4) Motorized vehicles The use of motorized vehicles within the Monument shall be permitted only in accordance with applicable Forest Service regulations in effect on the date of enactment of this Act. (5) Grazing (A) In general The Secretary shall permit the grazing of livestock in the 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. (B) No new allotments The Secretary shall not establish any new allotments for livestock grazing that include any Federal land in the Monument. (6) Existing easements and rights-of-way (A) Effect Nothing in this Act precludes the reauthorization, assignment (as applicable), or modification of special use authorizations for, or interferes with the operation, maintenance, enlargement, replacement, or upgrade of, or modification or access to, existing— (i) flood control, electric utility facilities (including electric transmission facilities and electric distribution facilities), pipeline, and communications facilities within the Monument; (ii) roads or highway corridors within the Monument; (iii) seismic monitoring facilities within the Monument; or (iv) other water infrastructure (including wildlife water development) or water district facilities within or adjacent to the Monument. (B) Expansion of existing facilities To the extent consistent with the proper care and management of objects of historical, cultural, and scientific interest within the Monument and subject to the authorities of the Secretary and other applicable law, existing flood control, pipeline, communications, fire detection, seismic monitoring facilities, and water infrastructure (including wildlife water developments) and water district facilities may be expanded within the Monument. (7) Acquisition of valid existing rights The Secretary may acquire through exchange, donation, or purchase from a willing seller valid mining claims or other valid existing rights within the Monument that the Secretary determines, after consultation with the Commission or a culturally affiliated Indian Tribe, threatens cultural resources within the Monument. (8) Withdrawal (A) In general Subject to valid existing rights and except as provided in subparagraph (B), all Federal land located in the Monument is permanently withdrawn from— (i) all forms of entry, appropriation, and disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (B) Exception Any Federal land located in the Monument that is subject to a lease issued under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) or under any other geothermal leasing or mineral leasing law that is in effect on the date of enactment of this Act shall be withdrawn on the date on which the applicable lease expires or is relinquished. (9) Treaty rights Nothing in this Act enlarges, diminishes, otherwise modifies, or abrogates the treaty rights of any Indian Tribe, including any off-reservation reserved treaty rights. (10) Jurisdiction over fish and wildlife (A) In general Nothing in this section enlarges or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of fishing and hunting within the Monument. (B) Limitations (i) Orders Subject to clause (ii) and applicable law, the Secretary may issue orders restricting the areas in which, and establishing periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or fishing will be permitted within the Monument. (ii) Consultation Except in emergencies and for closures issued for culturally affiliated Indian Tribes under paragraph (2)(B), the Secretary shall consult with the appropriate State agency before issuing orders under clause (i) that restrict or prohibit hunting or fishing within the Monument. (C) Fish and wildlife management activities Management activities (including the use of motorized vehicles by appropriate State agencies) to maintain, enhance, or restore fish and wildlife populations and the habitats to support fish and wildlife populations may be carried out within the Monument, subject to applicable laws (including regulations). (11) Map; legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of the Monument. (B) Corrections The map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the legal description and the map. (C) Conflict between Map and legal description In the case of a conflict between the map and the legal description submitted under subparagraph (A), the map shall control. (D) Availability of Map and legal description Copies of the map and legal description submitted under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (12) New rights-of-way Nothing in this Act prevents the Secretary from authorizing new rights-of-way within the Monument that the Secretary determines, in consultation with applicable State and local agencies and culturally affiliated Indian Tribes, are consistent with— (A) this Act; (B) applicable Federal laws (including regulations); (C) the purposes described in subsection (b); (D) the management plan; and (E) the care and proper management of objects of cultural and scientific interest within the Monument. (13) Wildfire, watershed protection, and forest health (A) In general In accordance with this Act, applicable law (including regulations), and the fire management plan developed under section 4(e), the Secretary may take any measures within the Monument that the Secretary determines to be necessary to prevent, control, or clean up damage caused by fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency and ongoing landscape restoration efforts associated with vegetation management for watershed protection, hazardous fuels reduction, and forest health. (B) Prohibition of new commercial timber production As of the date of enactment of this Act— (i) any land within the Monument shall be considered unsuitable for timber production; and (ii) any vegetation management activities within the Monument that include a timber sale— (I) shall be for the purpose of addressing wildfire, watershed protection, or forest health; and (II) shall not be for the primary purpose of providing economic outcomes. (14) Incorporation of acquired land and interests Any land or interest in land within the boundary of the Monument that is acquired by the United States after the date of enactment of this Act shall— (A) become part of the Monument; (B) be withdrawn in accordance with paragraph (8); and (C) be managed in accordance with— (i) the principles of multiple use and sustained yield in accordance with the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); (ii) this Act; and (iii) any other applicable Federal law (including regulations). (d) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary— (1) to establish the Monument; (2) to perform any necessary mitigation, as determined by the Secretary, within or adjacent to the Monument; and (3) to otherwise carry out this section. 4. Management plan (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall begin developing a management plan for the Monument. (b) Tribal consultation The Secretary shall consult with culturally affiliated Indian Tribes with respect to— (1) the development of the management plan under subsection (a); and (2) management decisions relating to the Monument. (c) Continued engagement with culturally affiliated indian tribes The management plan shall set forth parameters for continued meaningful engagement with culturally affiliated Indian Tribes with respect to the implementation of the management plan. (d) Ensuring access to dwellings contained in private inholdings The Secretary shall consult with owners of cabins at Medicine Lake to ensure that continued access relating to the use of the cabins is addressed in the management plan. (e) Wildfire The management plan shall include a fire management plan that may provide for prescribed fires, including traditional indigenous burning practices and thinning conducted by a culturally affiliated Indian Tribe to address forest health and safety. (f) Effect Nothing in this Act affects the conduct of fire prevention, mitigation, suppression, or cleanup activities associated with wildfire, forest health, and fuels reduction within the Monument, including through the use of existing agreements. 5. Sáttítla National Monument Tribal Commission (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a commission, to be known as the Sáttítla National Monument Tribal Commission . (b) Membership (1) Makeup The Commission shall include a duly authorized representative from each culturally affiliated Indian Tribe. (2) Process The Secretary shall conduct government-to-government consultation with each culturally affiliated Indian Tribe to determine the membership of the Commission. (c) Duties of Secretary The Secretary shall— (1) consult with the Commission with respect to— (A) proposals received from culturally affiliated Indian Tribes for co-stewardship agreements; (B) the development of the management plan; and (C) providing guidance and recommendations in management decisions relating to the Monument; (2) ensure that the management plan sets forth parameters for the continued engagement by the Commission in the implementation of the management plan; (3) to the extent permitted by Federal law, incorporate into the management plan— (A) the traditional ecological knowledge of the culturally affiliated Indian Tribes as provided to the Commission; (B) public education and interpretation for traditional place names and the cultural significance of Federal land within the Monument, as the Secretary and the Commission determine to be appropriate; and (C) provisions to address funding, capacity building, and infrastructure for culturally affiliated Indian Tribes; and (4) meet with the Commission not less frequently than 1 time per year. (d) Procedures The Commission shall establish any rules and procedures for the Commission that the Commission determines to be necessary. (e) FACA exemption Chapter 10 of title 5, United States Code, shall not apply to the Commission. 6. Agreements and partnerships To the maximum extent practicable and in accordance with applicable law, on request of a culturally affiliated Indian Tribe, the Secretary shall, in accordance with recommendations of the Commission provided as part of the consultation process under section 5, enter into agreements, contracts, and other cooperative and collaborative partnerships with the culturally affiliated Indian Tribe with respect to the co-management of the Monument under relevant Federal authority, including— (1) the provisions of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ), as applicable under section 8703 of the Agriculture Improvement Act of 2018 ( 25 U.S.C. 3115b ); (2) the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ); (3) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (4) the Native American Tourism and Improving Visitor Experience Act ( 25 U.S.C. 4351 et seq. ); and (5) in accordance with applicable guidance, including— (A) Executive Order 13175 ( 25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments); (B) Secretarial Order 3342, issued by the Secretary of the Interior on October 21, 2016, relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources; (C) Joint Secretarial Order 3403, issued by the Secretary and the Secretary of the Interior on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters); and (D) Executive Order 14112 ( 25 U.S.C. 5301 note; relating to reforming Federal funding and support for Tribal Nations to better embrace our trust responsibilities and promote the next era of Tribal self-determination).