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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4580 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4580
To designate the Baaj Nwaavjo I'tah Kukveni Grand Canyon National
Monument in the State of Arizona, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2023
Mr. Grijalva (for himself and Mr. Gallego) introduced the following
bill; which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate the Baaj Nwaavjo I'tah Kukveni Grand Canyon National
Monument in the State of Arizona, 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 ``Baaj Nwaavjo I'tah Kukveni Grand
Canyon National Monument Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Grand Canyon ecosystem and watershed--
(A) is--
(i) a nationally significant landscape;
(ii) an ancestral homeland for regional
Indian Tribes;
(iii) an important species migration
corridor;
(iv) a fragile ecosystem; and
(v) a remote refuge of scientific,
climatic, and recreational importance; and
(B) urgently requires congressional protection;
(2) the Associated Tribes--
(A) have a longstanding historical, cultural, and
religious connection to the Grand Canyon ecosystem and
watershed; and
(B) have been stewards of the natural and cultural
resources that comprise the landscape of the Grand
Canyon ecosystem, including the plants, wildlife, and
water sources of the landscape, since time immemorial;
(3) from quarries and campsites to housesites, pictographs,
rock shelters, petroglyphs, storage bins, caves, seeps,
springs, and sacred sites like Red Butte and Kanab Creek, the
landscape of the Grand Canyon area continues to play a vital
role in the cultural and religious life of the Associated
Tribes;
(4) through the role of the Associated Tribes as stewards
of the Grand Canyon ecosystem and watershed, the Associated
Tribes possess deep traditional ecological and cultural
knowledge of the unique and fragile landscape, which serves a
vital role in the continued management of the land as the land
faces new and growing threats from climate change, biodiversity
loss, and extreme drought;
(5) given the traditional and cultural knowledge of the
Associated Tribes and the sacred importance of the landscape of
the Grand Canyon area, it is essential that the Associated
Tribes play an integral role in the management planning for and
ongoing stewardship of the National Monument;
(6) the Grand Canyon ecosystem and watershed in northern
Arizona contains nationally significant biological, cultural,
recreational, geological, educational, and scientific values;
(7) the Grand Canyon ecosystem and watershed is integral to
Grand Canyon National Park;
(8) the surface tributaries and groundwater sources within
the Grand Canyon watershed are interconnected and contribute
significantly to the flow of the Colorado River, which provides
a source of drinking water for millions of citizens of the
United States;
(9) the Grand Canyon ecosystem and watershed contains a
diverse array of canyons, cliffs, grasslands, springs, and
escarpments that create a landscape unlike any other landscape
in the United States;
(10) wildlife corridors within the Grand Canyon ecosystem
and watershed facilitate the migration and survival of many
native game species, while the rivers, forests, and grasslands
provide habitat for many rare species, threatened species, and
endangered species;
(11) the Grand Canyon ecosystem and watershed provides a
wild and rugged landscape enjoyed by hunters, campers, hikers,
mountain bikers, equestrians, and other recreationists; and
(12) recreational activity within the Grand Canyon
watershed is the primary driver of sustainable economic
development in local communities in the vicinity of the Grand
Canyon watershed.
SEC. 3. DEFINITIONS.
In this Act:
(1) Associated tribe.--The term ``Associated Tribe'' means
each of--
(A) the Havasupai Tribe;
(B) the Hopi Tribe;
(C) the Hualapai Indian Tribe;
(D) the Navajo Nation;
(E) the Kaibab Band of Paiute Indians;
(F) the Paiute Indian Tribe of Utah (consisting of
the Cedar Band of Paiutes, the Kanosh Band of Paiutes,
the Koosharem Band of Paiutes, the Indian Peaks Band of
Paiutes, and the Shivwits Band of Paiutes);
(G) the Las Vegas Tribe of Paiute;
(H) the Moapa Band of Paiute Indians;
(I) the San Juan Southern Paiute Tribe;
(J) the Yavapai-Apache Nation;
(K) the Zuni Tribe; and
(L) the Colorado River Indian Tribes.
(2) Indian land.--The term ``Indian land'' means land of an
Indian Tribe or an individual Indian that is--
(A) held in trust by the United States; or
(B) subject to a restriction against alienation
imposed by the United States.
(3) Indian tribe.--The term ``Indian Tribe'' means the
governing body of any Indian or Alaska Native 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).
(4) Management plan.--The term ``management plan'' means
the plan developed under section 5(b).
(5) Map.--The term ``map'' means the map entitled
``Proposed Baaj Nwaavjo I'tah Kukveni Grand Canyon National
Monument'' and dated May 25, 2023.
(6) National monument.--The term ``National Monument''
means the Baaj Nwaavjo I'tah Kukveni Grand Canyon National
Monument established by section 4(a).
(7) Public land.--The term ``public land'' means land under
the administrative jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture, other than land held
in trust by the United States for the benefit of an Indian
Tribe or an individual Indian.
(8) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(9) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
land under the administrative jurisdiction of the
Secretary of Agriculture; and
(B) the Secretary of the Interior, with respect to
land under the administrative jurisdiction of the
Secretary of the Interior.
(10) State.--The term ``State'' means the State of Arizona.
(11) Tribal commission.--The term ``Tribal commission''
means the commission established under section 8(a).
(12) Tribal organization.--The term ``Tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(13) Wildlife management.--The term ``wildlife management''
means the use, by the State, of methods and procedures
necessary or desirable to sustain healthy populations of
wildlife, including all activities associated with scientific
resources management, such as research, census, monitoring of
populations, disease surveillance, law enforcement, improvement
and management of habitat, live trapping and transplantation,
wildlife damage management, and hunting and fishing.
SEC. 4. ESTABLISHMENT OF THE BAAJ NWAAVJO I'TAH KUKVENI GRAND CANYON
NATIONAL MONUMENT.
(a) Establishment.--Subject to valid existing rights, there is
established the Baaj Nwaavjo I'tah Kukveni Grand Canyon National
Monument in the State, to be administered by the Secretaries.
(b) Purpose.--The purpose of the National Monument is to protect,
conserve, and enhance the unique and nationally important historic,
cultural, archaeological, natural, scenic, dark-sky, wildlife,
biological, ecological, scientific, geological, hydrological,
educational, and recreational resources of the National Monument.
(c) Area Included.--
(1) In general.--The National Monument shall consist of
approximately 1,069,970 acres of public land in the State, as
generally depicted on the map.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management and the Forest Service.
SEC. 5. MANAGEMENT OF THE NATIONAL MONUMENT.
(a) In General.--The Secretaries shall administer the National
Monument--
(1) in a manner that conserves, protects, and enhances the
resources of the National Monument;
(2) 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) any other applicable laws; and
(3) in the case of National Monument land under the
jurisdiction of the Secretary of the Interior, as a component
of the National Landscape Conservation System.
(b) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall develop a
comprehensive management plan for the long-term management of
the National Monument.
(2) Consultation; access.--The Secretaries shall--
(A) in developing the management plan, consult
with--
(i) appropriate entities of the Federal
Government and Tribal, State, and local
governments;
(ii) the Tribal commission; and
(iii) members of the public; and
(B) allow for continued access for the wildlife
management within the National Monument by the State
during the development of the management plan.
(3) Requirements.--The management plan shall--
(A) describe the appropriate uses of the National
Monument;
(B) to the maximum extent practicable, provide for
the careful and full incorporation of the traditional
and historical knowledge and special expertise of the
Associated Tribes in the management plan;
(C) identify opportunities for Associated Tribes to
participate in the co-stewardship of resources within
the National Monument;
(D) identify opportunities to protect and preserve
Indian sacred sites (as defined in section 1(b) of
Executive Order 13007 (42 U.S.C. 1996 note; relating to
Indian sacred sites)) and traditional and cultural
sites and ensure access to those sites for Tribal
activities, including for spiritual purposes, cultural
purposes, and traditional plant-based food and plant-
based medicine-gathering purposes, by members of the
Associated Tribes;
(E) identify short-term and long-term management
actions and prioritize those management based on the
projected availability of resources;
(F) authorize the appropriate use of motorized and
mechanized vehicles in the National Monument, including
providing for the maintenance of appropriate roads, in
accordance with the protection of resources within the
National Monument;
(G) provide for continued recreational uses of the
National Monument, including hunting, fishing, hiking,
camping, mountain biking, birding, and horseback
riding, to the extent that those uses are consistent
with this Act and applicable law; and
(H) incorporate any provision of an applicable land
and resource management plan that the Secretaries
consider to be appropriate, in consultation with the
Associated Tribes.
(4) Review.--Not less frequently than annually, the
Secretaries shall review the management plan to ensure the
management plan is meeting the requirements of this Act.
(c) Uses.--The Secretaries shall allow only those uses of the
National Monument that the Secretaries determine would further the
purpose of the National Monument.
(d) Cooperative Agreements.--In carrying out this Act, the
Secretaries shall, to the maximum extent practicable, make grants to,
or enter into cooperative agreements or shared management arrangements
with, the Associated Tribes to further the purpose of the National
Monument.
(e) Self-Determination Contracts.--
(1) In general.--In carrying out this Act, the Secretaries
may contract with 1 or more Associated Tribes or Tribal
organizations 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.).
(2) Tribal assistance.--The Secretaries may provide
technical and financial assistance to an Associated 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).
(f) Approval of Funding Agreements.--The Secretary of the Interior
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.
(g) Temporary Closures.--
(1) In general.--The Secretaries 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 Associated
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; and
(ii) may not be made permanent.
(B) Access.--Access by members of an Associated
Tribe to a portion of the National Monument closed
under paragraph (1) 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.).
(h) Motorized and Mechanized Vehicles.--
(1) In general.--Except as provided in paragraph (2), the
use of motorized or mechanized vehicles on land within the
National Monument shall be allowed only on roads and trails
designated for the use of motorized or mechanized vehicles by
the management plan.
(2) Exception.--The use of motorized or mechanized vehicles
shall be allowed in the National Monument on roads and trails
not designated by the management plan for the use of motorized
or mechanized vehicles in cases in which the use is necessary--
(A) for administrative purposes;
(B) for wildlife management;
(C) to respond to an emergency; or
(D) to hunt and fish in accordance with all
applicable laws (including regulations) and policies,
including the guidelines detailed in the ``Arizona Off-
Highway Vehicle Guide'' published by the Arizona Game
and Fish Department.
(i) Grazing.--The grazing of livestock in the National Monument, if
established or permitted before the date of enactment of this Act,
shall be allowed to continue subject to all applicable laws (including
regulations).
(j) Commercial Recreation Activities.--The Secretary concerned
shall allow commercial recreation activities within the National
Monument in accordance with--
(1) this Act; and
(2) other applicable laws (including regulations).
(k) Law Enforcement.--The Secretaries, in consultation with
Associated Tribes, shall ensure adequate law enforcement presence with
respect to law enforcement matters under the jurisdiction of the
Secretaries to further the purpose and protect the resources of the
National Monument.
(l) Sand and Gravel Operations.--The Secretary concerned may permit
sand and gravel operations within the National Monument in accordance
with--
(1) this Act; and
(2) other applicable laws (including regulations).
(m) Hunting and Fishing.--
(1) In general.--Hunting and fishing shall be authorized
within the National Monument in accordance with--
(A) State law;
(B) treaty obligations of the United States; and
(C) any other applicable laws (including
regulations).
(2) No conflict with purposes.--The hunting, fishing, or
other taking of wildlife, authorized in accordance with
paragraph (1), within the National Monument shall not be
considered to conflict with the purposes of the National
Monument or this Act.
(n) Habitat and Ecological Restoration.--In accordance with any
applicable laws (including regulations), the Secretaries shall--
(1) provide for the development and implementation of
credible science-based habitat and ecological restoration
projects within the National Monument; and
(2) collaborate with the State on wildlife management
within the National Monument, including through the development
of new, or continuation of existing, memoranda of understanding
with the Arizona Game and Fish Department.
SEC. 6. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS.
(a) Withdrawal.--Subject to valid existing rights, the public land
and interests in public land within the National Monument are 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 and geothermal leasing
laws.
(b) Relinquishment and Later Acquisition.--If a valid existing
right described in subsection (a) is relinquished or otherwise acquired
by the United States after the date of enactment of this Act, the land
that was subject to that right shall be immediately withdrawn in
accordance with that subsection.
(c) Additional Land.--If the Secretaries acquire mineral or other
interests in a parcel of land within the National Monument after the
date of enactment of this Act, the parcel is withdrawn from operation
of the laws referred to in subsection (a) on the date of acquisition of
the parcel or interest.
SEC. 7. EXEMPTION FROM DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.
(a) In General.--Except as provided in subsection (b), any
information relating to the nature and specific location of a cultural
resource located at the National Monument shall not be disclosed by the
Secretaries and shall be exempt from the disclosure under section 552
of title 5, United States Code (commonly known as the ``Freedom of
Information Act'').
(b) Exception.--The Secretaries, in consultation with Associated
Tribes, may disclose information described in subsection (a) if the
Secretaries determine that the disclosure--
(1) would--
(A) further the purposes of the National Monument
or this Act; and
(B) be in accordance with other applicable laws;
and
(2) would not create an undue risk of harm to or theft or
destruction of the cultural resource or the site at which the
cultural resource is located.
SEC. 8. 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 Associated Tribes, not later than
180 days after the date of enactment of this Act, the Secretaries 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 Associated Tribe, with a maximum of
1 representative per Associated Tribe.
(d) New Members.--
(1) In general.--In coordination with the Tribal
commission, the Secretaries may offer membership on the Tribal
commission to any Indian Tribe that, in the determination of
the Secretaries, is a successor of an Associated Tribe.
(2) Representation.--An Indian Tribe made a member of the
Tribal commission under paragraph (1) shall be considered to be
an Associated Tribe for purposes of subsection (c).
(e) 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.
SEC. 9. EFFECT.
(a) 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 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.
(b) Fish and Wildlife.--Nothing in this Act--
(1) affects the authority, jurisdiction, or responsibility
of the State to manage, control, or regulate fish and wildlife
under State law (including regulations), including the
regulation of hunting, fishing, trapping, and recreational
shooting on public land within the National Monument, and the
exercise of State authority shall not be construed as
conflicting with the purposes of the National Monument or this
Act;
(2) limits access for hunting, fishing, trapping, or
recreational shooting; or
(3) limits, under the authority of and in coordination with
the Arizona Game and Fish Department, the ability of Associated
Tribes to conduct ceremonial hunts.
(c) Tribal Treaty Rights; Tribal Rights.--Nothing in this Act--
(1) alters, modifies, enlarges, abrogates, or diminishes
rights secured by treaty, statute, Executive order, or other
Federal law of any Indian Tribe, including off-reservation
reserved rights; or
(2) affects any Indian land.
(d) Public Access.--Except as otherwise provided in this Act,
nothing in this Act affects public access to land within the National
Monument.
(e) Non-Federal Land.--Nothing in this Act modifies any provision
of Federal, State, or local law with respect to use of non-Federal
land.
(f) Utility and Transmission Facilities.--
(1) In general.--Nothing in this Act precludes the renewal
or assignment of, or interferes with the operation,
maintenance, replacement, modification, upgrade, or access to,
within or adjacent to the boundary of the National Monument--
(A) existing flood control, utility, pipeline, and
telecommunications facilities;
(B) roads or highway corridors;
(C) seismic monitoring facilities; or
(D) other water infrastructure, including wildlife
water developments or water district facilities.
(2) Expansion; construction of new facilities.--Any
existing facility within or adjacent to the boundary of the
National Monument described in subparagraph (A), (C), or (D) of
paragraph (1) may be expanded and any new facility described in
those subparagraphs may be constructed, to the extent
consistent with--
(A) section 5(a); and
(B) other applicable law.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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