[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2752 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2752

To designate the Castner Range in the State of Texas, to establish the 
        Castner Range National Monument, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2021

 Ms. Escobar introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To designate the Castner Range in the State of Texas, to establish the 
        Castner Range National Monument, 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; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Castner Range National Monument, Texas.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands within the National Monument.
Sec. 6. Water.
Sec. 7. Border security.
Sec. 8. Department of Army responsibility and authority.
Sec. 9. Castner Range National Monument Advisory Council.
Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Castner Range National Monument Advisory Council.
            (2) National monument.--The term ``National Monument'' 
        means the Castner Range National Monument.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Texas.

SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS.

    (a) Establishment.--Subject to valid existing rights, there is 
hereby established the Castner Range National Monument in the State.
    (b) Area Included.--The National Monument consists of Federal land 
and interests in Federal land within El Paso County, Texas, generally 
depicted as ``Proposed Castner Range National Monument'' on the map 
entitled ``Proposed Castner Range National Monument'' and dated April 
19, 2021.
    (c) Exclusion of Non-Federal Land.--The National Monument shall 
include only Federal land and interests in Federal land and shall not 
include or apply to private property or other non-Federal land and 
interests in land within the exterior boundaries of the National 
Monument.
    (d) Purpose.--The purpose of the National Monument is to conserve, 
protect, and enhance for the benefit and enjoyment of present and 
future generations the ecological, scenic, wildlife, recreational, 
cultural, historical, natural, educational, and scientific resources of 
the lands included in the National Monument, including Castner Range 
and its--
            (1) relationship to the Department of the Army;
            (2) role as a water conservation sanctuary through a dozen 
        natural canyons, arroyos (also known as gullies or washes) and 
        alluvial fans which efficiently transport run-off from the 
        heights through seepage into the large underground Hueco Bolson 
        aquifer, which along with the West Side Mesilla Bolson supplies 
        much of El Paso's water;
            (3) historical significance, as it contains numerous 
        archaeological and historical resources that date as far back 
        as the Paleo-Indian, Archaic and historic Indian groups, lasted 
        from about 8000 B.C. to 4000 B.C. and was initially 
        characterized by big-game hunting;
            (4) significance as a habitat for an extremely diverse 
        aggregation of wildlife and plant species of special concern 
        that are thought to inhabit Castner Range, including the sand 
        prickly pear, the Texas lyre snake, and the western burrowing 
        owl; and
            (5) significance as a one-of-a-kind vegetation region that 
        includes a mountainous area, cactus lechuguilla region, and 
        draw-yucca grassland region.

SEC. 4. ACCESS AND BUFFER ZONES.

    (a) Access.--The Secretary shall continue to provide historical and 
adequate access to private inholdings within the exterior boundaries of 
the National Monument.
    (b) Buffer Zones.--Nothing in this Act creates a protective 
perimeter or buffer zone around the National Monument. The fact that 
any activities or uses outside of areas designated by this Act can be 
seen or heard within the National Monument shall not preclude the 
activities or uses outside of the National Monument.
    (c) Use of Easements.--Nothing in this Act shall affect easements 
located within the National Monument on the date of the enactment of 
this Act, including the use of Trans Mountain Highway, the National 
Border Patrol Museum, El Paso Museum of Archaeology, and the El Paso 
Water Utilities.

SEC. 5. 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.); and
                    (C) the Act of June 17, 1902 (commonly known as the 
                Reclamation Act of 1902; 32 Stat. 388), and Acts 
                amendatory thereof and supplemental thereto.
            (2) Resolution of conflicts.--If there is a conflict 
        between a provision of this Act and a provision of one of the 
        other laws specified in paragraph (1), the more restrictive 
        provision shall control.
    (b) Tribal Cultural Uses.--Nothing in this Act shall be construed 
to enlarge or diminish the rights of any Indian Tribe.
    (c) Management Plan.--
            (1) In general.--The Secretary shall develop a 
        comprehensive plan for the protection and management of the 
        National Monument that fulfills the purposes specified in 
        section 3. In implementing the management plan and in 
        considering any recommendations from the advisory council, the 
        Secretary shall consult with the advisory council on a regular 
        basis.
            (2) Purposes.--The management plan shall--
                    (A) describe the appropriate uses and management of 
                the National Monument;
                    (B) identify short-term and long-term management 
                actions and prioritize management actions based on 
                projected availability of resources;
                    (C) include a habitat restoration opportunities 
                component;
                    (D) include a recreational opportunity enhancement 
                component; and
                    (E) include a component that addresses the 
                Secretary of Army's remediation of hazardous substances 
                or munitions and explosives of concern within the 
                National Monument.
            (3) Public participation and special considerations.--In 
        developing the management plan, and to the extent consistent 
        with this section, the Secretary--
                    (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;
                    (D) shall include standards and practices to ensure 
                the preservation of wildlife corridors and facilitate 
                species migration; and
                    (E) may incorporate any provision from a resource 
                management plan, land and resource management plan, or 
                any other plan applicable to the National Monument.
    (d) Cooperative Agreements.--In carrying out this Act, the 
Secretary may make grants to, or enter into cooperative agreements 
with, State, Tribal, and local governmental entities and private 
entities to conduct research, develop scientific analyses, and carry 
out any other initiative relating to the restoration or conservation of 
the National Monument.
    (e) 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 allowed only on roads and trails designated for their use.
    (f) Acquisition and Incorporation of Lands and Interests.--
            (1) Authority.--The Secretary may acquire non-Federal land 
        and interests in land within the exterior boundaries of the 
        National Monument only through exchange, donation, or purchase 
        from a willing seller.
            (2) Management.--Any land or interest in land that is 
        located within the National Monument that is acquired by the 
        United States shall--
                    (A) become part of the National Monument; and
                    (B) be managed in accordance with this Act.
    (g) Withdrawal.--Subject to valid existing rights, all Federal land 
within the National Monument is withdrawn from--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) leasing or disposition under all laws relating to 
        operation of the mineral leasing, mineral materials, and 
        geothermal leasing laws.
    (h) 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;
            (2) the conveyance would benefit the National Monument and 
        is in the public interest, as determined by the Secretary; and
            (3) the conveyance is made in accordance with applicable 
        laws (including regulations).
    (i) Wildland Fire Operations.--Nothing in this section prohibits 
the Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the National Monument consistent with the purposes specified in section 
3.

SEC. 6. 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 interstate water compact in existence on 
        the date of the enactment of this Act;
            (4) authorizes or imposes any new reserved Federal water 
        rights; or
            (5) relinquishes or reduces any water rights reserved or 
        appropriated by the United States in the State on or before the 
        date of the enactment of this Act.

SEC. 7. BORDER SECURITY.

    (a) In General.--Nothing in this Act--
            (1) prevents the Secretary of Homeland Security from 
        conducting--
                    (A) undertaking law enforcement and border security 
                activities, in accordance with section 4(c) of the 
                Wilderness Act (16 U.S.C. 1133(c)), including the 
                ability to use motorized access within an area while in 
                pursuit of a suspect; or
                    (B) any low-level flights over the area that may be 
                necessary for law enforcement and border security 
                purposes; or
            (2) affects the 2006 Memorandum of Understanding among the 
        Department of Homeland Security, the Department of the 
        Interior, and the Department of Agriculture regarding 
        cooperative national security and counterterrorism efforts on 
        Federal lands along the borders of the United States.
    (b) Withdrawal and Administration of Certain Area.--Nothing in this 
section precludes the Secretary from allowing the installation and 
maintenance of communication or surveillance infrastructure necessary 
for law enforcement or border security activities within the National 
Monument boundaries.

SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY.

    (a) Responsibility.--Nothing in this Act shall affect--
            (1) the responsibility of the Department of the Army under 
        applicable environmental laws, including the remediation of 
        hazardous substances or munitions and explosives of concern 
        within the National Monument boundaries;
            (2) the statutory authority of the Department of the Army 
        to control public access or statutory responsibility to make 
        other measures for environmental remediation, monitoring, 
        security, safety, or emergency preparedness purposes;
            (3) the activities of the Department of the Army on lands 
        not included within the National Monument; or
            (4) the responsibility of the Department of the Army, in 
        consultation with the Secretary (acting through the Bureau of 
        Land Management), to continue to manage the lands and interests 
        in lands under the Secretary's jurisdiction within the National 
        Monument boundaries until the Army transfers administrative 
        jurisdiction of those lands and interests in lands to the 
        Bureau of Land Management.
    (b) Authority.--The Secretary of the Army and the Secretary may 
enter into a memorandum of understanding whereby the Secretary of the 
Army--
            (1) may relinquish administrative jurisdiction over the 
        Castner Range, Fort Bliss, Texas, to the Secretary of the 
        Interior; and
            (2) may not relinquish or diminish the responsibility of 
        the Secretary of the Army of responsibilities referred to in 
        subsection (a).

SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL.

    (a) Establishment.--Not more than 180 days after the date of the 
enactment of this Act, the Secretary shall establish an advisory 
council to be known as the ``Castner Range National Monument Advisory 
Council''.
    (b) Duties.--The advisory council shall advise the Secretary with 
respect to the preparation and implementation of the management plan 
for the National Monument.
    (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) Members.--The advisory council shall include 11 members, to be 
appointed by the Secretary, of whom, to the extent practicable--
            (1) one member shall be appointed after considering the 
        recommendations of the El Paso County Commissioners Court;
            (2) one member shall be appointed after considering the 
        recommendations of the head of the Texas Parks and Wildlife 
        Department;
            (3) one member shall be appointed to represent Indian 
        Tribes;
            (4) one member shall be appointed to represent Fort Bliss; 
        and
            (5) seven members shall reside in, or within reasonable 
        proximity to, the county specified in paragraphs (1) through 
        (4) with backgrounds that reflect--
                    (A) the purposes specified in section 3; and
                    (B) the interest of persons affected by the 
                planning and management of the National Monument, 
                including persons representing the agricultural, 
                private land-ownership, environmental, recreational, 
                tourism, or other non-Federal land interests.
    (e) Representation.--The Secretary shall ensure that the membership 
of the advisory council is fairly balanced in terms of the points of 
view represented and the functions to be performed by the advisory 
council.
    (f) 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 one 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.
    (g) Quorum.--A quorum shall be 7 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.
    (h) Chairperson and Procedures.--The advisory council shall elect a 
chairperson and establish such rules and procedures as it deems 
necessary or desirable.
    (i) Service Without Compensation.--Members of the advisory council 
shall serve without pay.
    (j) Termination.--The advisory committee shall cease to exist--
            (1) on the date that is 5 years after the date on which the 
        management plan is officially adopted by the Secretary; or
            (2) on such later date as the Secretary considers 
        appropriate.

SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS.

    Section 2846 of the 2018 National Defense Authorization Act is 
repealed.
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