[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 360 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 360

To designate the Greater Grand Canyon Heritage National Monument in the 
               State of Arizona, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2017

 Mr. Grijalva introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate the Greater Grand Canyon Heritage 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Greater Grand 
Canyon Heritage National Monument Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Greater Grand Canyon Heritage National 
                            Monument, Arizona.
Sec. 4. Management of Federal lands within the National Monument.
Sec. 5. Development of management plan.
Sec. 6. Existing and historical uses of Federal lands included in 
                            monument.
Sec. 7. Acquisition of land.
Sec. 8. Greater Grand Canyon Heritage National Monument Advisory 
                            Council.
Sec. 9. Water.
Sec. 10. Withdrawal of Federal land from mining laws.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Greater Grand Canyon Heritage National Monument Advisory 
        Council.
            (2) Grand canyon-associated tribes.--The term ``Grand 
        Canyon-associated tribes'' means the Havasupai Tribe, the Hopi 
        Tribe, Hualapai Indian Tribe, the Navajo Nation, Kaibab Band of 
        Paiute Indians, Paiute Indian Tribe of Utah, Las Vegas Tribe of 
        Paiute, Moapa Band of Paiute Indians, San Juan Southern Paiute 
        Tribe, Yavapai-Apache Nation, and the Zuni Tribe.
            (3) Management plan.--The term ``management plan'' means 
        the plan developed consistent with section 5.
            (4) National monument.--The term ``national monument'' 
        means the Greater Grand Canyon Heritage National Monument.
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                those national monument lands under the jurisdiction of 
                the Secretary of Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                those national monument lands under the jurisdiction of 
                the Secretary of the Interior.
            (6) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior 
        acting jointly.

SEC. 3. ESTABLISHMENT OF GREATER GRAND CANYON HERITAGE NATIONAL 
              MONUMENT, ARIZONA.

    (a) Findings.--Congress finds the following:
            (1) The Greater Grand Canyon ecosystem and watershed 
        contains various tribal sacred sites and resources, including 
        religious places and burial sites, with significant ancestral 
        and contemporary values to the Grand Canyon-associated tribes.
            (2) The Grand Canyon-associated tribes have a longstanding 
        historical, cultural and religious connection to the Greater 
        Grand Canyon ecosystem and watershed and should play an 
        integral role, through collaboration and consultation, in the 
        planning and ongoing management of the monument.
            (3) The Grand Canyon-associated tribes have historically 
        been stewards of the region, with obligations to care for the 
        land that has provided for them since time immemorial, 
        including natural and cultural resources such as ancestral 
        sites, sacred places, plants, wildlife, water sources, and 
        minerals, resulting in an accumulated body of traditional 
        ecological knowledge that holds great potential for 
        contributing to the sustainable and holistic management of the 
        unique and fragile landscape.
            (4) The surface tributaries and interconnected ground water 
        of the Greater Grand Canyon ecosystem and watershed are the 
        source for Native American sacred springs and falls, such as 
        Havasupai Falls.
            (5) The Greater Grand Canyon ecosystem and watershed in 
        northern Arizona contains nationally significant biological, 
        cultural, recreational, geological, educational, and scientific 
        values.
            (6) The Greater Grand Canyon ecosystem and watershed is 
        integral to Grand Canyon National Park. The surface tributaries 
        and groundwater sources within the watershed are interconnected 
        and contribute significantly to the flow of the Colorado River, 
        and provide a source of drinking water for millions of American 
        citizens.
            (7) The Greater Grand Canyon ecosystem and watershed 
        contains a diverse array of canyons, cliffs, grasslands, 
        springs, and escarpments that create a landscape unlike any 
        other within America.
            (8) Wildlife corridors within the Greater 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, threatened, and 
        endangered species.
            (9) The Greater Grand Canyon ecosystem and watershed 
        provides a wild and rugged landscape enjoyed by hunters, 
        campers, hikers, mountain bikers, equestrians, and other 
        recreationists.
            (10) Recreational activity within the watershed is the 
        primary driver of sustainable economic development in local 
        communities.
    (b) Establishment.--Subject to valid existing rights, there is 
hereby established the Greater Grand Canyon Heritage National Monument 
in the State of Arizona, which consists of Federal land and interests 
in Federal land in Arizona, as generally depicted on the map entitled 
``Greater Grand Canyon Heritage National Monument'' and dated September 
11, 2015.
    (c) Purposes.--The purposes of the national monument are--
            (1) to preserve and, if necessary, restore the native, 
        cultural, sacred lands, and key tribal resources, nationally 
        significant biological, ecological, including wildlife 
        connectivity, cultural, historical, recreational, geological, 
        hydrological, education, scenic and scientific values found in 
        the Greater Grand Canyon ecosystem and watershed, including 
        aboveground tributaries, springs and interconnected groundwater 
        that contribute significantly to the Colorado River; and
            (2) to secure now and for future generations the 
        opportunity to experience and enjoy the diverse tribal 
        resources, landscape, wildlife, water flows, and recreational 
        use of the lands included in the national monument.
    (d) Legal Descriptions; Corrections of Errors.--
            (1) Preparation.--As soon as practical after the date of 
        the enactment of this Act, but not later than 2 years after 
        such date, the Secretaries shall prepare final maps and legal 
        descriptions of the national monument, which shall have the 
        same force and effect as if included in this Act, except that 
        the Secretaries may correct clerical and typographical errors 
        in the maps and legal descriptions.
            (2) Submission.--As soon as practicable after the 
        preparation of the maps and legal descriptions under paragraph 
        (1), the Secretaries shall submit the maps and legal 
        descriptions to the Committee on Natural Resources of the House 
        of Representatives and to the Committee on Energy and Natural 
        Resources of the Senate.
            (3) Conflict between map and legal description.--In the 
        case of a conflict between the maps and the legal descriptions, 
        the maps shall control.
            (4) Public availability.--The maps and legal descriptions 
        prepared pursuant to paragraph (1) shall be available for 
        public inspection at appropriate offices of the Bureau of Land 
        Management and Forest Service.

SEC. 4. 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.) for lands managed by the 
                Bureau of Land Management;
                    (C) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (D) the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1600 et seq.) and 
                section 14 of the National Forest Management Act of 
                1976 (16 U.S.C. 472a);
                    (E) other laws (including regulations) applicable 
                to the National Forest System for land managed by the 
                Forest Service; and
                    (F) other applicable law (including regulations).
            (2) Resolution of conflicts.--If there is a conflict 
        between a provision of this Act and a provision of another law 
        specified in paragraph (1), the more restrictive provision 
        shall control.
    (b) Authorized Uses.--The Secretary shall allow only such uses of 
the national monument as the Secretary determines would further the 
purposes specified in section 3(c).
    (c) Protection of Reservation, State, and Private Lands and 
Interests.--The establishment of the national monument shall not--
            (1) affect the property rights related to any Indian 
        reservation, individually held trust land, other Indian 
        allotments, lands or interests in lands held by the State of 
        Arizona or any of its political subdivisions, or any private 
        property rights within the boundaries of the national monument; 
        or
            (2) grant the Secretary of the Interior or the Secretary of 
        Agriculture any new authority not already provided by law on or 
        over non-Federal lands.
    (d) Scope.--The authority of the Secretary of the Interior and the 
Secretary of Agriculture under this Act shall extend only to Federal 
lands and Federal interests in lands included in the national monument.
    (e) Non-Federal Lands and Interests.--Nothing in this Act--
            (1) requires a non-Federal property owner to allow public 
        access to private property; or
            (2) modifies any provision of Federal, State, or local law 
        with respect to use of non-Federal land.

SEC. 5. DEVELOPMENT OF MANAGEMENT PLAN.

    (a) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretaries, collaborating at 
        regular periods, shall--
                    (A) develop, in accordance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and in collaboration with the advisory council, a 
                comprehensive plan for the protection and management of 
                the national monument to fulfill the purposes of the 
                national monument; and
                    (B) submit the management plan to Congress before 
                making it available to the public.
            (2) Contents.--The management plan developed under this 
        section shall--
                    (A) describe the appropriate uses and management of 
                the national monument;
                    (B) identify short-term and long-term management 
                actions and prioritize the management actions based on 
                projected availability of resources;
                    (C) protect and preserve Indian sacred sites (as 
                defined in section 1(b) of Executive Order 13007 of May 
                24, 1996) and allow for Indian tribal members to access 
                those sites for traditional, cultural, spiritual, and 
                tree and forest product, food, and medicine-gathering 
                purposes;
                    (D) include appropriate transportation planning 
                that addresses the actions, including road closures or 
                travel restrictions, necessary to protect the objects 
                of the national monument and to further the purposes of 
                the American Indian Religious Freedom Act (42 U.S.C. 
                1996 et seq.);
                    (E) provide for the development and implementation 
                of credible science-based ecological restoration 
                projects that provide for the retention of old growth 
                and large diameter trees, developed in coordination 
                with the advisory council, with the intent of restoring 
                natural fire regimes, enhancing old growth forest 
                characteristics, and assisting in the recovery and 
                maintaining the viability of at-risk, threatened, and 
                endangered species;
                    (F) evaluate the naturally dark time conditions and 
                propose goals and management directives to retain 
                current characteristics; and
                    (G) provide for continued recreational use of the 
                national monument, including hunting, hiking, camping, 
                mountain biking, birding, and horseback riding, to the 
                extent such recreational use is consistent with this 
                Act and applicable law.
            (3) Public participation and special considerations.--In 
        developing and implementing the management plan, and to the 
        extent consistent with this section, the Secretaries--
                    (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 and 
                include standards and practices to ensure the 
                preservation of wildlife corridors and facilitate 
                species migration;
                    (D) shall identify opportunities to promote 
                voluntary cooperative conservation projects with 
                tribal, State, local, and private interests;
                    (E) shall take into consideration land uses 
                (including tribal treaty and statutory rights) on the 
                Federal lands within the national monument on the day 
                before the date of the enactment of this Act; and
                    (F) may incorporate any provision from a resource 
                management plan, land and resource management plan, or 
                any other plan applicable to the national monument.
            (4) Collaboration with native american tribes.--The 
        Secretary of the Interior, in cooperation with the Secretary of 
        Agriculture, shall formally collaborate with the Grand Canyon-
        associated tribes in the development of the management plan and 
        in the ongoing management of the national monument.
            (5) Cooperative agreements.--In carrying out this Act, the 
        Secretaries may make grants to, or enter into cooperative 
        agreements and shared management arrangements with, federally 
        recognized Indian tribes, with special emphasis on 
        collaboration with the Grand Canyon-associated tribes, to 
        conduct research, develop scientific analyses, and carry out 
        any other initiative relating to the restoration, conservation, 
        or management of the national monument.
            (6) Approval of funding arrangements.--The Secretary of the 
        Interior may approve funding arrangements under the Tribal 
        Self-Governance Act of 1994 (25 U.S.C. 458aa et seq.) for 
        management of programs and functions related to the management 
        and protection of Traditional Cultural Properties and other 
        culturally significant programming.

SEC. 6. EXISTING AND HISTORICAL USES OF FEDERAL LANDS INCLUDED IN 
              MONUMENT.

    (a) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State of Arizona with respect to the management of 
fish and wildlife located on public land in the State, except that the 
Secretary, after consultation with the Arizona Department of Game and 
Fish, may designate zones in the national monument where, and periods 
when, hunting shall not be allowed to accommodate traditional tribal 
uses, public safety, administration, or public use and enjoyment.
    (b) 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 permitted only on roads and trails designated for their use.
    (c) Grazing.--Livestock grazing within the national monument, where 
established or planned before the date of the enactment of this Act, 
shall be allowed to continue subject to all applicable laws and 
regulations.
    (d) Wildland Fire Operations.--In cooperation with other Federal, 
State, tribal, and local agencies, as appropriate, the Secretary shall 
conduct wildland fire operations in the national monument consistent 
with the purposes specified in section 3(c).
    (e) Commercial Recreation Activities.--The Secretary shall allow 
commercial recreation activities within the national monument in 
accordance with--
            (1) this Act;
            (2) the Wilderness Act (16 U.S.C. 1133 et seq.); and
            (3) all other applicable laws and regulations.
    (f) Hunting, Trapping, Fishing, and Gathering.--The Secretary shall 
allow hunting, trapping, fishing, and gathering within the national 
monument in accordance with applicable laws and regulations of the 
United States and the State of Arizona.
    (g) Commercial Harvest of Timber.--The Secretary may allow cutting, 
sale, or removal of timber and other vegetative material within the 
national monument to the extent consistent with the purposes of the Act 
and as part of an authorized restoration project under section 5.

SEC. 7. ACQUISITION OF LAND.

    (a) Acquisition Authorized; Methods.--Non-Federal held land or 
interests in land within the boundaries of the national monument may be 
acquired for management as part of the national monument only by--
            (1) donation;
            (2) exchange with a willing party; or
            (3) purchase from a willing seller.
    (b) Use of Easements.--To the extent practicable, and if preferred 
by a willing landowner, the Secretary shall use permanent conservation 
easements to acquire interests in land in the national monument instead 
of acquiring land in fee simple.
    (c) Valuation of Private Property.--The United States shall offer 
the fair market value for any interests or partial interests in land 
acquired under this section.
    (d) Incorporation of Acquired Lands and Interests.--Any land or 
interest in land within the boundaries of the national monument that is 
acquired by the United States after the date of the enactment of this 
Act shall be added to and administered as part of the national 
monument.
    (e) 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(c);
            (2) the conveyance would benefit the national monument and 
        is in the public interest, as determined by the Secretaries; 
        and
            (3) the conveyance is made in accordance with applicable 
        law (including regulations).

SEC. 8. GREATER GRAND CANYON HERITAGE NATIONAL MONUMENT ADVISORY 
              COUNCIL.

    (a) Establishment.--Not more than 180 days after the date of the 
enactment of this Act, the Secretaries shall establish an advisory 
council to be known as the ``Greater Grand Canyon Heritage National 
Monument Advisory Council''.
    (b) Duties.--The advisory council shall--
            (1) collaborate with the Secretaries with respect to the 
        preparation and implementation of the management plan;
            (2) oversee and collaborate on the management of tribal 
        sites, artifacts, ancient trails, burial sites, and resources 
        within the boundaries of the national monument; and
            (3) oversee and provide consultation on adaptive management 
        of natural resources within the boundaries of the national 
        monument, including forest restoration and wildlife resources.
    (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) Representation.--The advisory council to be appointed by the 
Secretaries, and, to the extent practicable, shall be comprised of--
            (1) a representative designated by each tribal community 
        with a historical relationship to the region that wishes to 
        participate in the management of the national monument;
            (2) a representative that is a natural or cultural resource 
        officer designated by each tribal community with a historical 
        relationship to the region that wishes to participate in the 
        management of the national monument;
            (3) a representative with expertise in the field of 
        anthropology, archaeology, and/or cultural studies from an 
        accredited university or museum, as determined by the Secretary 
        of the Interior and the Secretary of Agriculture;
            (4) a representative of environmental nongovernmental 
        organizations engaged in activities related to the Greater 
        Grand Canyon ecosystem and watershed located within Arizona;
            (5) a representative of environmental nongovernmental 
        organizations engaged in activities related to the Greater 
        Grand Canyon ecosystem and watershed located anywhere in the 
        Nation;
            (6) a representative of recreational nongovernmental 
        organizations engaged in promoting opportunities for 
        recreational hunting and fishing within Arizona;
            (7) a representative of recreational advocacy organizations 
        engaged in promoting opportunities for recreation other than 
        hunting and fishing within Arizona;
            (8) a representative of the Arizona Game and Fish 
        Department; and
            (9) a representative with expertise in the field of natural 
        resource management, wildlife, or conservation biology selected 
        from a regional college or university.
    (e) 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 1 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.
    (f) Quorum.--A quorum shall be 8 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.
    (g) Procedures.--The advisory council shall establish such rules 
and procedures as it deems necessary or desirable.

SEC. 9. WATER.

    Nothing in this Act--
            (1) affects the use or allocation, in existence on the date 
        of the 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 the enactment of this 
        Act, including any water right held by the United States;
            (3) affects any claims or rights to water not yet asserted 
        or finally determined;
            (4) affects any interstate water compact in existence on 
        the date of the 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 of Arizona on or 
        before the date of the enactment of this Act.

SEC. 10. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS.

    (a) Withdrawal.--Subject to valid existing rights as provided in 
section 3(b), the Federal lands and interests in lands included within 
the National Monument are hereby 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 and mineral materials laws.
    (b) Treatment of Existing Rights.--The withdrawal under subsection 
(a) is subject to valid, existing rights. If such rights are 
relinquished or otherwise acquired by the United States after the date 
of the enactment of this Act, the land that was subject to the rights 
shall be immediately withdrawn in accordance with subsection (a).
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