[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6451 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6451

To establish the Chiricahua National Park in the State of Arizona as a 
       unit of the National Park System, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2022

 Mrs. Kirkpatrick introduced the following bill; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Chiricahua National Park in the State of Arizona as a 
       unit of the National Park System, 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 ``Chiricahua National Park Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Tribal 
        commission established under section 4(c).
            (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) Monument.--The term ``Monument'' means the Chiricahua 
        National Monument established by Presidential Proclamation 1692 
        (54 U.S.C. 320301 note; 43 Stat. 1946).
            (4) National park.--The term ``National Park'' means the 
        Chiricahua National Park established by section 3(a).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of Arizona.

SEC. 3. DESIGNATION OF CHIRICAHUA NATIONAL PARK.

    (a) In General.--To protect, preserve, and interpret the rhyolitic 
rock formations, biodiversity, and other natural and cultural resources 
of the area, the Chiricahua National Monument in the State shall be 
known and designated as the ``Chiricahua National Park''.
            (1) Incorporation.--The land and any interest in land that 
        constitute the Monument (as in existence on the day before the 
        date of the enactment of this Act) are incorporated in, and 
        shall be considered to be part of, the National Park.
            (2) Availability of funds.--Any funds available for the 
        Monument shall be available for the National Park.
    (b) Boundaries.--
            (1) In general.--The boundaries of the National Park are as 
        generally depicted on the map entitled ``Chiricahua National 
        Park Proposed Boundary'', numbered 145/156,356, and dated March 
        2021.
            (2) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the National Park Service.
    (c) References.--
            (1) In general.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        ``Chiricahua National Monument'' shall be deemed to be a 
        reference to the ``Chiricahua National Park''.
            (2) Wilderness.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        ``Chiricahua National Monument Wilderness'' designated by 
        Public Law 94-567 (16 U.S.C. 1132 note; 90 Stat. 2692) shall be 
        considered to be a reference to the ``Chiricahua National Park 
        Wilderness''.
            (3) Administration.--The Secretary shall administer the 
        Park in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the 
                National Park System.

SEC. 4. MANAGEMENT OF CHIRICAHUA NATIONAL PARK.

    (a) 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 National Park.
            (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.) shall ensure access to 
        the sites described in paragraph (1) by members of Indian 
        Tribes for traditional, cultural, religious, and customary 
        uses.
            (3) Temporary closures.--
                    (A) In general.--In carrying out this section, the 
                Secretary, on request of an Indian Tribe, may 
                temporarily close to the general public one or more 
                specific portions of the National Park to protect 
                traditional cultural and customary uses in the area by 
                members of the Indian Tribe.
                    (B) Requirement.--Any closure under subparagraph 
                (A) shall be--
                            (i) made in such a manner as to affect the 
                        smallest practicable area for the minimum time 
                        necessary for the activity to be carried out; 
                        and
                            (ii) 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) and the Wilderness Act (16 
                        U.S.C. 1131 et seq.).
    (b) 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 that is culturally affiliated with 
        the land located within the boundaries of the National Park to 
        collect plants, including parts or products of plants, and 
        mineral resources within the National Park for noncommercial 
        traditional, religious, customary, 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 National Park.
                    (B) Quantity limitations.--
                            (i) Existing regulations.--No quantity 
                        limitation contained in a regulation of the 
                        National Park Service in effect on the date of 
                        the 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, through 
                        consultation with the Commission, that the 
                        limitation is necessary to protect the 
                        resources and values of the National Park.
    (c) Tribal Commission.--
            (1) In general.--To ensure that the management of the 
        National Park reflects the expertise and traditional and 
        historical knowledge of members of applicable Indian Tribes, 
        the Secretary shall establish a Tribal commission for the 
        National Park.
            (2) Purpose.--The commission shall provide guidance and 
        recommendations on the development and implementation of the 
        management plans for, and the policies of, the National Park.
            (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 National Park.
            (4) Incorporation of recommendations.--In developing plans 
        and policies for the National Park, 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.
    (d) Withdrawal From Federal Mining and Mineral Leasing Laws.--
            (1) Withdrawal.--Subject to valid existing rights in effect 
        on the date of the enactment of this Act, the land located 
        within the boundaries of the National Park 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 the enactment 
        of this Act for inclusion in the National Park, 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 National 
        Park under applicable law as of the date of the enactment of 
        this Act.
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