Castner Range National Monument Act
This bill establishes the Castner Range National Monument in Texas.
The Department of the Interior shall continue to provide historical and adequate access to private inholdings within the monument's exterior boundaries.
Interior shall
Interior shall also establish a Castner Range National Monument Advisory Council to advise Interior with respect to the preparation and implementation of the management plan.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2752 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2752
To designate the Castner Range in the State of Texas, to establish the
Castner Range National Monument, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Ms. Escobar introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To designate the Castner Range in the State of Texas, to establish the
Castner Range National Monument, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Castner Range
National Monument Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Castner Range National Monument, Texas.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands within the National Monument.
Sec. 6. Water.
Sec. 7. Border security.
Sec. 8. Department of Army responsibility and authority.
Sec. 9. Castner Range National Monument Advisory Council.
Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``advisory council'' means
the Castner Range National Monument Advisory Council.
(2) National monument.--The term ``National Monument''
means the Castner Range National Monument.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Texas.
SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS.
(a) Establishment.--Subject to valid existing rights, there is
hereby established the Castner Range National Monument in the State.
(b) Area Included.--The National Monument consists of Federal land
and interests in Federal land within El Paso County, Texas, generally
depicted as ``Proposed Castner Range National Monument'' on the map
entitled ``Proposed Castner Range National Monument'' and dated April
19, 2021.
(c) Exclusion of Non-Federal Land.--The National Monument shall
include only Federal land and interests in Federal land and shall not
include or apply to private property or other non-Federal land and
interests in land within the exterior boundaries of the National
Monument.
(d) Purpose.--The purpose of the National Monument is 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 lands included in the National Monument, including Castner Range
and its--
(1) relationship to the Department of the Army;
(2) role as a water conservation sanctuary through a dozen
natural canyons, arroyos (also known as gullies or washes) and
alluvial fans which efficiently transport run-off from the
heights through seepage into the large underground Hueco Bolson
aquifer, which along with the West Side Mesilla Bolson supplies
much of El Paso's water;
(3) historical significance, as it contains numerous
archaeological and historical resources that date as far back
as the Paleo-Indian, Archaic and historic Indian groups, lasted
from about 8000 B.C. to 4000 B.C. and was initially
characterized by big-game hunting;
(4) significance as a habitat for an extremely diverse
aggregation of wildlife and plant species of special concern
that are thought to inhabit Castner Range, including the sand
prickly pear, the Texas lyre snake, and the western burrowing
owl; and
(5) significance as a one-of-a-kind vegetation region that
includes a mountainous area, cactus lechuguilla region, and
draw-yucca grassland region.
SEC. 4. ACCESS AND BUFFER ZONES.
(a) Access.--The Secretary shall continue to provide historical and
adequate access to private inholdings within the exterior boundaries of
the National Monument.
(b) Buffer Zones.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Monument. The fact that
any activities or uses outside of areas designated by this Act can be
seen or heard within the National Monument shall not preclude the
activities or uses outside of the National Monument.
(c) Use of Easements.--Nothing in this Act shall affect easements
located within the National Monument on the date of the enactment of
this Act, including the use of Trans Mountain Highway, the National
Border Patrol Museum, El Paso Museum of Archaeology, and the El Paso
Water Utilities.
SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT.
(a) Basis of Management.--
(1) Applicable laws.--The Secretary shall manage the
National Monument in a manner that conserves, protects, and
enhances the natural resources and values of the National
Monument, 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) the Act of June 17, 1902 (commonly known as the
Reclamation Act of 1902; 32 Stat. 388), and Acts
amendatory thereof and supplemental thereto.
(2) Resolution of conflicts.--If there is a conflict
between a provision of this Act and a provision of one of the
other laws specified in paragraph (1), the more restrictive
provision shall control.
(b) Tribal Cultural Uses.--Nothing in this Act shall be construed
to enlarge or diminish the rights of any Indian Tribe.
(c) Management Plan.--
(1) In general.--The Secretary shall develop a
comprehensive plan for the protection and management of the
National Monument that fulfills the purposes specified in
section 3. In implementing the management plan and in
considering any recommendations from the advisory council, the
Secretary shall consult with the advisory council on a regular
basis.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the National Monument;
(B) identify short-term and long-term management
actions and prioritize management actions based on
projected availability of resources;
(C) include a habitat restoration opportunities
component;
(D) include a recreational opportunity enhancement
component; and
(E) include a component that addresses the
Secretary of Army's remediation of hazardous substances
or munitions and explosives of concern within the
National Monument.
(3) Public participation and special considerations.--In
developing the management plan, and to the extent consistent
with this section, the Secretary--
(A) shall solicit extensive public input;
(B) shall take into consideration any information
developed in studies of the land within the National
Monument;
(C) shall assess available climate change
information pertinent to the National Monument;
(D) shall include standards and practices to ensure
the preservation of wildlife corridors and facilitate
species migration; and
(E) may incorporate any provision from a resource
management plan, land and resource management plan, or
any other plan applicable to the National Monument.
(d) Cooperative Agreements.--In carrying out this Act, the
Secretary may make grants to, or enter into cooperative agreements
with, State, Tribal, and local governmental entities and private
entities to conduct research, develop scientific analyses, and carry
out any other initiative relating to the restoration or conservation of
the National Monument.
(e) Motorized and Mechanized Vehicles.--Except where needed for
administrative purposes or to respond to an emergency, the use of
motorized and mechanized vehicles on lands within the National Monument
shall be allowed only on roads and trails designated for their use.
(f) Acquisition and Incorporation of Lands and Interests.--
(1) Authority.--The Secretary may acquire non-Federal land
and interests in land within the exterior boundaries of the
National Monument only through exchange, donation, or purchase
from a willing seller.
(2) Management.--Any land or interest in land that is
located within the National Monument that is acquired by the
United States shall--
(A) become part of the National Monument; and
(B) be managed in accordance with this Act.
(g) Withdrawal.--Subject to valid existing rights, all Federal land
within the National Monument is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) leasing or disposition under all laws relating to
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(h) Limited Conveyance Authority.--The Secretary may authorize the
conveyance of Federal land within the National Monument if--
(1) the purpose for which the land is to be conveyed is
consistent with the purposes specified in section 3;
(2) the conveyance would benefit the National Monument and
is in the public interest, as determined by the Secretary; and
(3) the conveyance is made in accordance with applicable
laws (including regulations).
(i) Wildland Fire Operations.--Nothing in this section prohibits
the Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Monument consistent with the purposes specified in section
3.
SEC. 6. 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 interstate water compact in existence on
the date of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; or
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of the enactment of this Act.
SEC. 7. BORDER SECURITY.
(a) In General.--Nothing in this Act--
(1) prevents the Secretary of Homeland Security from
conducting--
(A) undertaking law enforcement and border security
activities, in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), including the
ability to use motorized access within an area while in
pursuit of a suspect; or
(B) any low-level flights over the area that may be
necessary for law enforcement and border security
purposes; or
(2) affects the 2006 Memorandum of Understanding among the
Department of Homeland Security, the Department of the
Interior, and the Department of Agriculture regarding
cooperative national security and counterterrorism efforts on
Federal lands along the borders of the United States.
(b) Withdrawal and Administration of Certain Area.--Nothing in this
section precludes the Secretary from allowing the installation and
maintenance of communication or surveillance infrastructure necessary
for law enforcement or border security activities within the National
Monument boundaries.
SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY.
(a) Responsibility.--Nothing in this Act shall affect--
(1) the responsibility of the Department of the Army under
applicable environmental laws, including the remediation of
hazardous substances or munitions and explosives of concern
within the National Monument boundaries;
(2) the statutory authority of the Department of the Army
to control public access or statutory responsibility to make
other measures for environmental remediation, monitoring,
security, safety, or emergency preparedness purposes;
(3) the activities of the Department of the Army on lands
not included within the National Monument; or
(4) the responsibility of the Department of the Army, in
consultation with the Secretary (acting through the Bureau of
Land Management), to continue to manage the lands and interests
in lands under the Secretary's jurisdiction within the National
Monument boundaries until the Army transfers administrative
jurisdiction of those lands and interests in lands to the
Bureau of Land Management.
(b) Authority.--The Secretary of the Army and the Secretary may
enter into a memorandum of understanding whereby the Secretary of the
Army--
(1) may relinquish administrative jurisdiction over the
Castner Range, Fort Bliss, Texas, to the Secretary of the
Interior; and
(2) may not relinquish or diminish the responsibility of
the Secretary of the Army of responsibilities referred to in
subsection (a).
SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not more than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Castner Range National Monument Advisory
Council''.
(b) Duties.--The advisory council shall advise the Secretary with
respect to the preparation and implementation of the management plan
for the National Monument.
(c) Applicable Law.--The advisory council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.);
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) all other applicable law.
(d) Members.--The advisory council shall include 11 members, to be
appointed by the Secretary, of whom, to the extent practicable--
(1) one member shall be appointed after considering the
recommendations of the El Paso County Commissioners Court;
(2) one member shall be appointed after considering the
recommendations of the head of the Texas Parks and Wildlife
Department;
(3) one member shall be appointed to represent Indian
Tribes;
(4) one member shall be appointed to represent Fort Bliss;
and
(5) seven members shall reside in, or within reasonable
proximity to, the county specified in paragraphs (1) through
(4) with backgrounds that reflect--
(A) the purposes specified in section 3; and
(B) the interest of persons affected by the
planning and management of the National Monument,
including persons representing the agricultural,
private land-ownership, environmental, recreational,
tourism, or other non-Federal land interests.
(e) Representation.--The Secretary shall ensure that the membership
of the advisory council is fairly balanced in terms of the points of
view represented and the functions to be performed by the advisory
council.
(f) Terms.--
(1) Staggered terms.--Members of the advisory council shall
be appointed for terms of 3 years, except that, of the members
first appointed, 5 of the members shall be appointed for a term
of one year and 5 of the members shall be appointed for a term
of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the advisory council upon the expiration of the member's
current term.
(3) Vacancy.--A vacancy on the advisory council shall be
filled in the same manner as the original appointment.
(g) Quorum.--A quorum shall be 7 members of the advisory council.
The operations of the advisory council shall not be impaired by the
fact that a member has not yet been appointed as long as a quorum has
been attained.
(h) Chairperson and Procedures.--The advisory council shall elect a
chairperson and establish such rules and procedures as it deems
necessary or desirable.
(i) Service Without Compensation.--Members of the advisory council
shall serve without pay.
(j) Termination.--The advisory committee shall cease to exist--
(1) on the date that is 5 years after the date on which the
management plan is officially adopted by the Secretary; or
(2) on such later date as the Secretary considers
appropriate.
SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.
Section 2846 of the 2018 National Defense Authorization Act is
repealed.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
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