Chiricahua National Park Act
This bill redesignates the Chiricahua National Monument in Arizona as the Chiricahua National Park.
The Department of the Interior shall ensure the protection of traditional cultural and religious sites in the park.
Interior shall allow an enrolled member of any Indian tribe that is culturally affiliated with the land located within the boundaries of the park to collect plants, including parts or products of plants, and mineral resources within the park for noncommercial traditional, religious, customary, and cultural uses.
Interior shall establish a tribal commission for the park in order to ensure that its management reflects the expertise and traditional and historical knowledge of members of applicable Indian tribes.
The land located within the boundaries of the park is withdrawn from
Any land or interest in land that is acquired by the United States for inclusion in the park shall be immediately withdrawn as specified above.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6451 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6451
To establish the Chiricahua National Park in the State of Arizona as a
unit of the National Park System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2022
Mrs. Kirkpatrick introduced the following bill; which was referred to
the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Chiricahua National Park in the State of Arizona as a
unit of the National Park System, 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.
This Act may be cited as the ``Chiricahua National Park Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Tribal
commission established under section 4(c).
(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) Monument.--The term ``Monument'' means the Chiricahua
National Monument established by Presidential Proclamation 1692
(54 U.S.C. 320301 note; 43 Stat. 1946).
(4) National park.--The term ``National Park'' means the
Chiricahua National Park established by section 3(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Arizona.
SEC. 3. DESIGNATION OF CHIRICAHUA NATIONAL PARK.
(a) In General.--To protect, preserve, and interpret the rhyolitic
rock formations, biodiversity, and other natural and cultural resources
of the area, the Chiricahua National Monument in the State shall be
known and designated as the ``Chiricahua National Park''.
(1) Incorporation.--The land and any interest in land that
constitute the Monument (as in existence on the day before the
date of the enactment of this Act) are incorporated in, and
shall be considered to be part of, the National Park.
(2) Availability of funds.--Any funds available for the
Monument shall be available for the National Park.
(b) Boundaries.--
(1) In general.--The boundaries of the National Park are as
generally depicted on the map entitled ``Chiricahua National
Park Proposed Boundary'', numbered 145/156,356, and dated March
2021.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) References.--
(1) In general.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Chiricahua National Monument'' shall be deemed to be a
reference to the ``Chiricahua National Park''.
(2) Wilderness.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``Chiricahua National Monument Wilderness'' designated by
Public Law 94-567 (16 U.S.C. 1132 note; 90 Stat. 2692) shall be
considered to be a reference to the ``Chiricahua National Park
Wilderness''.
(3) Administration.--The Secretary shall administer the
Park in accordance with--
(A) this Act; and
(B) the laws generally applicable to units of the
National Park System.
SEC. 4. MANAGEMENT OF CHIRICAHUA NATIONAL PARK.
(a) 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 National Park.
(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.) shall ensure access to
the sites described in paragraph (1) by members of Indian
Tribes for traditional, cultural, religious, and customary
uses.
(3) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may
temporarily close to the general public one or more
specific portions of the National Park to protect
traditional cultural and customary uses in the area by
members of the Indian Tribe.
(B) Requirement.--Any closure under subparagraph
(A) shall be--
(i) made in such a manner as to affect the
smallest practicable area for the minimum time
necessary for the activity to be carried out;
and
(ii) 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) and the Wilderness Act (16
U.S.C. 1131 et seq.).
(b) 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 that is culturally affiliated with
the land located within the boundaries of the National Park to
collect plants, including parts or products of plants, and
mineral resources within the National Park for noncommercial
traditional, religious, customary, 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 National Park.
(B) Quantity limitations.--
(i) Existing regulations.--No quantity
limitation contained in a regulation of the
National Park Service in effect on the date of
the 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, through
consultation with the Commission, that the
limitation is necessary to protect the
resources and values of the National Park.
(c) Tribal Commission.--
(1) In general.--To ensure that the management of the
National Park reflects the expertise and traditional and
historical knowledge of members of applicable Indian Tribes,
the Secretary shall establish a Tribal commission for the
National Park.
(2) Purpose.--The commission shall provide guidance and
recommendations on the development and implementation of the
management plans for, and the policies of, the National Park.
(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 National Park.
(4) Incorporation of recommendations.--In developing plans
and policies for the National Park, 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.
(d) Withdrawal From Federal Mining and Mineral Leasing Laws.--
(1) Withdrawal.--Subject to valid existing rights in effect
on the date of the enactment of this Act, the land located
within the boundaries of the National Park 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 the enactment
of this Act for inclusion in the National Park, 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 National
Park under applicable law as of the date of the enactment of
this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Subcommittee Hearings Held.
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