[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2924 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2924

 To establish the Bandelier National Park and Preserve in the State of 
                              New Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2019

 Mr. Heinrich introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the Bandelier National Park and Preserve in the State of 
                              New Mexico.

    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 ``Bandelier National Park and Preserve 
Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Tribal 
        commission established under section 4(d).
            (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) Map.--The term ``map'' means the map entitled 
        ``Bandelier National Park and Preserve Proposed Boundary'', 
        numbered 315/149,741, and dated December 2018.
            (4) National park.--The term ``National Park'' means the 
        Bandelier National Park, consisting of approximately 29,656 
        acres of land in the State, as generally depicted on the map.
            (5) National preserve.--The term ``National Preserve'' 
        means the Bandelier National Preserve, consisting of 
        approximately 4,011 acres of land in the State, as generally 
        depicted on the map.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of New 
        Mexico.
            (8) Unmanned aircraft.--The term ``unmanned aircraft'' 
        means--
                    (A) a device that is used or intended to be used 
                for flight in the air without the possibility of direct 
                human intervention from within or on the device; and
                    (B) any associated operational element or component 
                required for the pilot or system operator in command to 
                operate or control a device described in subparagraph 
                (A).

SEC. 3. ESTABLISHMENT OF BANDELIER NATIONAL PARK AND PRESERVE.

    (a) Establishment.--
            (1) In general.--To protect, preserve, interpret, and 
        provide for the enjoyment of the scenic, scientific, 
        educational, natural, geological, historical, cultural, 
        archaeological, fish, wildlife, and recreational values of the 
        National Park and the National Preserve, there is established 
        as a unit of the National Park System in the State a national 
        park and national preserve, to be known as the ``Bandelier 
        National Park and Preserve''.
            (2) Boundaries.--The Bandelier National Park and Preserve 
        shall consist of--
                    (A) the National Park; and
                    (B) the National Preserve.
            (3) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
            (4) Effect of subsection.--Nothing in this subsection 
        affects the designation or management of land located within 
        the boundaries of the Bandelier National Park and Preserve that 
        is designated as wilderness under the Wilderness Act (16 U.S.C. 
        1131 et seq.) before the date of enactment of this Act, 
        including the Bandelier Wilderness.
    (b) Abolishment of Bandelier National Monument.--
            (1) Abolishment.--Due to the establishment of the Bandelier 
        National Park and Preserve, the Bandelier National Monument in 
        Sandoval County, New Mexico, is abolished.
            (2) Incorporation.--The land and interests in land that 
        constitute the Bandelier National Monument (as in existence on 
        the day before the date of enactment of this Act) are 
        incorporated in, and shall be considered to be a part of, the 
        Bandelier National Park and Preserve.
    (c) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the monument referred to 
in subsection (b)(1) shall be deemed to be a reference to the 
``Bandelier National Park and Preserve''.
    (d) Availability of Funds.--Any funds available for the monument 
referred to in subsection (b)(1) shall be available for the Bandelier 
National Park and Preserve.
    (e) Administration.--Subject to section 4(a), the Secretary shall 
administer the Bandelier National Park and Preserve in accordance 
with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National 
        Park System, including section 100101(a), chapter 1003, 
        sections 100751(a), 100752, 100753, and 102101, and chapter 
        3201 of title 54, United States Code.

SEC. 4. MANAGEMENT OF BANDELIER NATIONAL PARK AND PRESERVE AND VALLES 
              CALDERA NATIONAL PRESERVE.

    (a) Hunting.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall permit hunting on land in the National Preserve in the 
        same manner as hunting is managed in the Valles Caldera 
        National Preserve under section 3043(b)(7) of the Carl Levin 
        and Howard P. ``Buck'' McKeon National Defense Authorization 
        Act for Fiscal Year 2015 (16 U.S.C. 698v-11(b)(7)).
            (2) Management.--At the discretion of the Secretary, the 
        Superintendent of the Valles Caldera National Preserve may 
        manage hunting in the National Preserve under paragraph (1).
    (b) 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 Bandelier National Park and Preserve.
            (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.)--
                    (A) shall provide access to the sites described in 
                paragraph (1) by members of Indian tribes for 
                traditional cultural and customary uses; and
                    (B) may, on request of an Indian tribe, temporarily 
                close to general public use 1 or more specific areas of 
                the Bandelier National Park and Preserve to protect 
                traditional cultural and customary uses in the area by 
                members of the Indian tribe.
    (c) 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 (including the Pueblo of San 
        Ildefonso and the Pueblo of Santa Clara) that is culturally 
        affiliated with the land located within the boundaries of the 
        Bandelier National Park and Preserve or the Valles Caldera 
        National Preserve to collect plants, including parts or 
        products of plants, and mineral resources within the Bandelier 
        National Park and Preserve and the Valles Caldera National 
        Preserve for noncommercial traditional 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 Bandelier 
                        National Park and Preserve or the Valles 
                        Caldera National Preserve.
                    (B) Quantity limitations.--
                            (i) Existing regulations.--No quantity 
                        limitation contained in a regulation of the 
                        National Park Service in effect on the date of 
                        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 that the limitation 
                        is necessary to protect the resources and 
                        values of the Bandelier National Park and 
                        Preserve or the Valles Caldera National 
                        Preserve.
    (d) Tribal Commission.--
            (1) In general.--To ensure that the management of the 
        Bandelier National Park and Preserve reflects the expertise and 
        traditional and historical knowledge of members of applicable 
        Indian tribes, the Secretary shall establish a Tribal 
        commission for the Bandelier National Park and Preserve.
            (2) Purpose.--The Commission shall provide guidance and 
        recommendations on the development and implementation of 
        management plans for, and policies of, the Bandelier National 
        Park and Preserve.
            (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 Bandelier National Park and Preserve.
            (4) Incorporation of recommendations.--In developing plans 
        and policies for the Bandelier National Park and Preserve, 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.
    (e) Withdrawal From Federal Mining and Mineral Leasing Laws.--
            (1) Withdrawal.--Subject to valid existing rights in effect 
        on the date of enactment of this Act, the land located within 
        the boundaries of the Bandelier National Park and Preserve 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 enactment of 
        this Act for inclusion in the Bandelier National Park and 
        Preserve, 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 Bandelier 
        National Park and Preserve under applicable law as of the date 
        of enactment of this Act.
    (f) Boundary Adjustment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of 
        Agriculture shall seek to enter into an agreement to adjust the 
        boundary between the Valles Caldera National Preserve and the 
        Santa Fe National Forest for the purpose of improving the 
        management of the Valles Caldera National Preserve and the 
        Santa Fe National Forest, respectively.
            (2) Adjustment.--Subject to paragraph (4), if an agreement 
        is entered into by the Secretary and the Secretary of 
        Agriculture under paragraph (1), the boundary between the 
        Valles Caldera National Preserve and the Santa Fe National 
        Forest shall be adjusted in accordance with the agreement.
            (3) Incorporated land.--Any land added to the Valles 
        Caldera National Preserve or the Santa Fe National Forest as a 
        result of the boundary adjustment under paragraph (2) shall 
        be--
                    (A) subject to any law applicable to the unit to 
                which the land is added; and
                    (B) withdrawn from--
                            (i) all forms of entry, appropriation, or 
                        disposal under the public land laws;
                            (ii) location, entry, and patent under the 
                        mining laws; and
                            (iii) disposition under all laws relating 
                        to mineral and geothermal leasing or mineral 
                        materials.
            (4) Contracts and permits.--Before adjusting the boundary 
        under paragraph (2), the Secretary or the Secretary of 
        Agriculture, as applicable, shall, with respect to any contract 
        or permit on land affected by the agreement entered into under 
        paragraph (1)--
                    (A) allow the contract or permit to expire at the 
                end of the period of performance of the contract or 
                permit; or
                    (B) modify the contract or permit to exclude the 
                portion of the land covered by the agreement.
            (5) Rights-of-way and easements.--Any right-of-way or 
        easement with respect to land transferred to the Secretary or 
        the Secretary of Agriculture under the agreement entered into 
        under paragraph (1) shall be transferred to the Secretary or 
        the Secretary of Agriculture, as applicable.
    (g) Unmanned Aircraft.--
            (1) In general.--Except as provided in paragraph (2), 
        launching, landing, or operating an unmanned aircraft is 
        prohibited within the boundaries of the Bandelier National Park 
        and Preserve.
            (2) Authorized use.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may permit the use of an unmanned aircraft 
                for--
                            (i) administrative purposes, including--
                                    (I) scientific study;
                                    (II) search and rescue operations;
                                    (III) fire operations;
                                    (IV) law enforcement; or
                                    (V) other administrative purposes, 
                                as determined by the Secretary; or
                            (ii) activities conducted under an 
                        applicable--
                                    (I) scientific research or 
                                collecting permit; or
                                    (II) special use permit that 
                                specifically authorizes launching, 
                                landing, or operating the unmanned 
                                aircraft.
                    (B) Limitation.--The Secretary may not permit the 
                use of an unmanned aircraft under subparagraph (A) if 
                the use would cause an unacceptable impact to the 
                resources or values of the National Park or the 
                National Preserve, as determined by the Secretary.
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