No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9257 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9257
To establish the Great Bend of the Gila National Monument in the State
of Arizona, and for other purposes.
_______________________________________________________________________
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.
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 ``Great Bend of the Gila National
Monument Establishment Act''.
SEC. 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).
SEC. 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.
SEC. 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.).
SEC. 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.
SEC. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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