[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1660 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1660
To establish the Avi Kwa Ame National Monument in the State of Nevada,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Titus introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Avi Kwa Ame National Monument in the State of Nevada,
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 ``Avi Kwa Ame National Monument
Establishment Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Federal public lands in southernmost Nevada
comprise a nationally significant cultural and natural
landscape.
(2) These lands are considered sacred by numerous Indian
Tribes, and the lands are tied to the Indian Tribes' creation,
cosmology, and well-being, containing numerous cultural sites
and objects.
(3) Avi Kwa Ame, or Spirit Mountain, located on the eastern
edge of the proposed monument, is designated a Traditional
Cultural Property on the National Register of Historic Places
in recognition of its religious and cultural importance.
(4) The lands showcase the progression of human history in
the Eastern Mojave Desert, a literal crossroads of the American
West. There are significant elements of Native American,
Western-American, and Mining History, including the historic
Mojave Trail/Road, originally used by Mojave and other Native
Americans to transport goods from the southwest to trade with
the Chumash and other coastal Tribes and later used in Western
expansion, as well as the historic Walking Box Ranch which
figures prominently in the history of movie making in America.
(5) The lands contain several prominent geological
features, such as the volcanic Highland Range within the
northern section of the Avi Kwa Ame landscape, which is about
10 miles long and remarkably rugged and ragged. The
multicolored volcanic peaks, several thousand feet in
elevation, tower above the surrounding valley and are
remarkably scenic and are a designated Crucial Bighorn Sheep
Habitat area.
(6) The lands are a rare biological hotspot that contain
intact ecosystems, Joshua tree forests, outstanding wildlife
habitat, and essential wildlife migration corridors.
(7) The remote nature of the area protects the ability to
enjoy increasingly rare natural quiet and dark night sky and
solitude.
(8) The lands provide important recreational opportunities.
(9) Establishing the Federal public lands within the Avi
Kwa Ame landscape as a national monument will permanently
protect these natural and cultural resources for the benefit
and enjoyment of present and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Avi Kwa Ame National Monument Advisory Council established
under section 5(a).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(d).
(4) Map.--The term ``Map'' means the map entitled ``Avi Kwa
Ame National Monument'' and dated February 1, 2022.
(5) Monument.--The term ``Monument'' means the Avi Kwa Ame
National Monument established by section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
SEC. 4. AVI KWA AME NATIONAL MONUMENT.
(a) Establishment.--Subject to valid existing rights, there is
established the Avi Kwa Ame National Monument in the State, consisting
of approximately 445,000 acres of Federal land administered by the
Bureau of Land Management, as generally depicted on the Map.
(b) Purposes.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the cultural, ecological, scenic, wildlife, recreational,
dark sky, historical, natural, educational, and scientific resources of
the Monument.
(c) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources of the Monument;
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations); and
(C) as a component of the National Landscape
Conservation System.
(2) Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the
purposes described in subsection (b).
(3) Native american access and use.--
(A) Access.--To the extent practicable, the
Secretary shall ensure access to the Monument by
members of an Indian Tribe for traditional cultural
purposes.
(B) Use.--
(i) In general.--In implementing this
subsection, the Secretary, upon the request of
an Indian Tribe, may temporarily close to the
general public use of one or more specific
portions of the Monument in order to protect
the privacy of traditional cultural activities
in such areas by members of the Indian Tribe.
(ii) Limitation.--Any such closure shall be
made to affect the smallest area practicable
for the minimum period necessary for such
purposes.
(C) American indian religious freedom.--The access
and use provided under this paragraph shall be
consistent with the purpose and intent of Public Law
95-341 (42 U.S.C. 1996), commonly referred to as the
American Indian Religious Freedom Act, and, as
applicable, the Wilderness Act (16 U.S.C. 1131 et
seq.).
(4) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles
in the Monument shall be permitted only on roads
designated by the management plan required by
subsection (d) for the use of motorized vehicles.
(B) Interim management.--Until the completion of
the management plan, the use of motorized vehicles in
the Monument shall be permitted in accordance with the
applicable land use plan.
(5) Grazing.--The grazing of livestock in the Monument,
where established before the date of the enactment of this Act,
shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) applicable law (including
regulations); and
(B) in a manner consistent with the purposes
described in subsection (b).
(6) Wildlife water projects.--The Secretary, in
consultation with the State, may authorize wildlife water
projects (including guzzlers) within the Monument.
(7) Hunting, fishing and trapping.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall allow hunting, fishing, and
trapping on land and water within the Monument in
accordance with applicable Federal and State law.
(B) Administrative exceptions.--The Secretary may
designate areas in which, and establish limited periods
during which, no hunting, fishing, or trapping shall be
allowed under subparagraph (A) for reasons of public
safety, administration, or compliance with applicable
law.
(C) Agency agreement.--Except in an emergency,
regulations closing areas within the Monument to
hunting, fishing, or trapping under this paragraph
shall be made in consultation with the appropriate
agency of the State having responsibility for fish and
wildlife administration.
(D) Savings clause.--Nothing in this subsection
affects any jurisdiction or responsibility of the State
with respect to fish and wildlife in the Monument.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the long-
term management of the Monument.
(2) Consultation.--In developing the management plan, the
Secretary shall consult with--
(A) other Federal land management agencies in the
area, including the National Park Service;
(B) appropriate State, Tribal, and local
governmental entities; and
(C) members of the public.
(3) Incorporation of plans.--In developing the management
plan, to the extent consistent with this Act, the Secretary may
incorporate any provision of an applicable land and resource
management plan.
(e) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundary of the Monument that is acquired
by the United States shall--
(1) become part of the Monument;
(2) be withdrawn in accordance with subsection (f); and
(3) be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including
regulations).
(f) Withdrawal.--Subject to valid existing rights, all Federal land
located in the Monument is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Easements and Rights-of-Way.--
(1) In general.--No new easements or rights-of-way shall be
conveyed on Federal lands within the Monument after the date of
the enactment of this Act.
(2) Effect.--Nothing in this section precludes the
Secretary from renewing easements or rights-of-way in existence
on the date of the enactment of this Act within the Monument in
accordance with this Act and applicable law (including
regulations).
(h) Military, Law Enforcement, and Emergency Overflights.--Nothing
in this section precludes--
(1) low-level overflights of military, law enforcement, or
emergency medical services aircraft over the Monument;
(2) flight testing and evaluation; and
(3) the use or establishment of military, law enforcement,
or emergency medical services flight training routes over the
Monument.
(i) Native American Rights and Uses.--
(1) In general.--Nothing in this section alters, modifies,
enlarges, diminishes, or abrogates the treaty rights of any
Indian Tribe, including off-reservation reserved rights.
(2) Consultation.--The Secretary shall consult with
interested Indian Tribes--
(A) in developing and carrying out the management
plan;
(B) providing access under subsection (c)(3); and
(C) to determine whether to charter an advisory
committee or otherwise formalize government-to-
government collaboration on the management of the
Monument.
(j) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall prepare a map
and legal description of the Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the legal
description and the map.
(3) Conflict between map and legal description.--In the
case of a conflict between the map and the legal description,
the map shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau
of Land Management.
SEC. 5. AVI KWA AME NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Avi Kwa Ame National Monument Advisory
Council''.
(b) Duties.--The Advisory Council shall advise the Secretary with
respect to the preparation and implementation of the management plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--
(1) In general.--The Advisory Council shall include 11
members to be appointed by the Secretary, of whom, to the
extent practicable--
(A) 1 member shall be appointed after considering
the recommendations of the Boulder City, Nevada, City
Council;
(B) 1 member shall be appointed after considering
the recommendations of the Searchlight, Nevada, Town
Advisory Board;
(C) 1 member shall be appointed after considering
the recommendations of the Laughlin, Nevada, Town
Advisory Board;
(D) 6 members shall be appointed to represent
Indian Tribes with a historical connection to the land
within the Monument; and
(E) 2 at-large members from the County shall be
appointed after considering the recommendations of the
County Commission.
(2) Special appointment considerations.--The at-large
members appointed under paragraph (1)(E) shall have backgrounds
that reflect--
(A) the purposes for which the Monument was
established; and
(B) the interests of persons affected by the
planning and management of the Monument.
(3) 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.
(4) Initial appointment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall appoint
the initial members of the Advisory Council in accordance with
paragraph (1).
(e) Duties of the Advisory Council.--The Advisory Council shall
advise the Secretary with respect to the preparation and implementation
of the management plan, including budgetary matters relating to the
Monument.
(f) Compensation.--Members of the Advisory Council shall receive no
compensation for serving on the Advisory Council.
(g) Chairperson.--
(1) In general.--The Advisory Council shall elect a
Chairperson from among the members of the Advisory Council.
(2) Term.--The term of the Chairperson shall be 3 years.
(h) Term of Members.--
(1) In general.--The term of a member of the Advisory
Council shall be 3 years.
(2) Successors.--Notwithstanding the expiration of a 3-year
term of a member of the Advisory Council, a member may continue
to serve on the Advisory Council until a successor is
appointed.
(i) Vacancies.--
(1) In general.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(2) Appointment for remainder of term.--A member appointed
to fill a vacancy on the Advisory Council shall serve for the
remainder of the term for which the predecessor was appointed.
(j) Termination.--The Advisory Council shall terminate not later
than 3 years after the date on which the final version of the
management plan is published.
SEC. 6. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT CONSERVATION
PLAN.
(a) In General.--Nothing in this Act limits, alters, modifies, or
amends the Clark County Multi-Species Habitat Conservation Plan with
respect to the Monument.
(b) Conservation Management Areas.--The Secretary may, in
accordance with the Clark County Multi-Species Habitat Conservation
Plan (including amendments to the plan) and applicable law, credit the
acreage of Federal land within the Monument as Conservation Management
Areas under the plan.
(c) Management Plan.--In developing the management plan, to the
extent consistent with this section, the Secretary may incorporate any
provision of the Clark County Multi-Species Habitat Conservation Plan.
SEC. 7. TRANSFER OF BUREAU OF RECLAMATION PARCELS.
(a) Transfer of Parcels.--The Secretary shall transfer
administrative jurisdiction of any Bureau of Reclamation land within
the Monument to the Bureau of Land Management.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall finalize the
legal description of the land being transferred to the Bureau
of Land Management under subsection (a).
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the Map; or
(B) the legal description.
(3) Availability.--The Map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management and the Bureau of
Reclamation.
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