[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9257 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9257

To establish the Great Bend of the Gila National Monument in the State 
                  of Arizona, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2024

Mr. Grijalva (for himself, Mr. Huffman, Mr. Carson, Ms. Stansbury, Ms. 
 Titus, Mr. Blumenauer, and Mr. Neguse) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Great Bend of the Gila 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.

    This Act may be cited as the ``Great Bend of the Gila National 
Monument Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian Tribe'' means an 
        Indian tribe, band, nation, pueblo, village, community, 
        component band, or component reservation individually 
        identified (including parenthetically) on the list published by 
        the Secretary of the Interior under section 104 of the 
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
        5131).
            (2) Interested indian tribe.--The term ``interested Indian 
        Tribe'' means any Indian Tribe with--
                    (A) historic, precontact, cultural, or religious 
                connections to lands within the National Monument;
                    (B) a former reservation located on land within the 
                National Monument; or
                    (C) treaty rights or other reserved rights 
                applicable to land within the National Monument.
            (3) Land management plan.--The term ``land management 
        plan'' means the land management plan developed under section 
        4(b).
            (4) Map.--The term ``Map'' means the map titled ``Proposed 
        Great Bend of the Gila National Monument'' and dated November 
        3, 2023.
            (5) National monument.--The term ``National Monument'' 
        means the Great Bend of the Gila National Monument established 
        by section 3(a).
            (6) Sacred site.--The term ``sacred site'' means any 
        geophysical or geographical area or feature that is identified 
        by the governing body of an Indian Tribe--
                    (A) as sacred by virtue of its established 
                religious significance to, or ceremonial use in, a 
                Tribal religion; or
                    (B) to be of established cultural significance.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means the State of Arizona.
            (9) Traditional ecological knowledge.--The term 
        ``Traditional Ecological Knowledge'' means a body of 
        observations, oral and written knowledge, practices, and 
        beliefs that promotes environmental sustainability and the 
        responsible stewardship of natural resources through 
        relationships between humans and environmental systems, applied 
        across biological, physical, and cultural systems.
            (10) Tribal commission.--The term ``Tribal Commission'' 
        means the Tribal Commission established under section 6(a).

SEC. 3. ESTABLISHMENT OF NATIONAL MONUMENT.

    (a) Establishment.--
            (1) In general.--Subject to valid existing rights, there is 
        established in the State the Great Bend of the Gila National 
        Monument.
            (2) Area included.--The Great Bend of the Gila National 
        Monument shall consist of approximately 376,963 acres of land 
        administered by the Bureau of Land Management, as generally 
        depicted on the Map.
    (b) Purposes.--The purposes of the National Monument are to protect 
and restore, for the benefit and enjoyment of present and future 
generations, the nationally important Indigenous heritage, cultural 
landscape, archaeological, cultural, historic, geologic, hydrologic, 
natural, recreational, educational, and scenic resources of the 
National Monument.

SEC. 4. MANAGEMENT OF NATIONAL MONUMENT.

    (a) Management.--
            (1) In general.--The Secretary shall manage the National 
        Monument--
                    (A) in a manner that--
                            (i) conserves, protects, and enhances the 
                        resources of the National Monument; and
                            (ii) preserves and protects sacred sites 
                        and traditional cultural properties;
                    (B) in consultation with the Tribal Commission;
                    (C) as a component of the National Landscape 
                Conservation System; and
                    (D) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) the Native American Graves Protection 
                        and Repatriation Act (25 U.S.C. 3001 et seq.);
                            (iii) Public Law 95-341 (commonly known as 
                        the ``American Indian Religious Freedom Act''; 
                        42 U.S.C. 1996);
                            (iv) this Act; and
                            (v) any other applicable law.
    (b) Land Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, the Secretary shall develop a 
        comprehensive land management plan providing for the long-term 
        protection and management of the National Monument.
            (2) Development.--In developing a land management plan, the 
        Secretary shall--
                    (A) consult with--
                            (i) Indian Tribes;
                            (ii) appropriate State and local 
                        governmental entities; and
                            (iii) members of the public; and
                    (B) provide for continued access for wildlife 
                management within the National Monument by the State 
                during the development of the land management plan.
            (3) Requirements.--The land management plan shall--
                    (A) describe the appropriate uses and management of 
                the National Monument;
                    (B) provide for traditional uses of the National 
                Monument by members of Indian Tribes;
                    (C) include the Traditional Ecological Knowledge or 
                special expertise offered by Indian Tribes and 
                provisions to appropriately protect that knowledge;
                    (D) provide for the protection and preservation of 
                cultural resources within the National Monument;
                    (E) incorporate provisions for continued meaningful 
                engagement with Indian Tribes in the implementation of 
                the land management plan;
                    (F) emphasize the retention of natural quiet, dark 
                night skies, and scenic attributes of the landscape;
                    (G) include comprehensive travel management plans;
                    (H) maintain the undeveloped character of the lands 
                within the National Monument;
                    (I) minimize impacts from surface-disturbing 
                activities; and
                    (J) provide for appropriate access for livestock 
                grazing, recreation, hunting, wildlife management, and 
                scientific research.
    (c) New Roads and Routes.--
            (1) In general.--Except as provided in paragraph (2) and as 
        necessary in an emergency, no new permanent or temporary roads 
        or other motorized vehicle routes shall be constructed within 
        the National Monument after the date of the enactment of this 
        Act.
            (2) Access.--The Secretary shall allow access, in 
        accordance with applicable law, to--
                    (A) non-Federal land and interests in non-Federal 
                land within the National Monument; and
                    (B) trust or restricted lands or a trust or 
                restricted interest in land (as defined by section 
                201(4) of the Indian Land Consolidation Act (25 U.S.C. 
                2201(4))) within the National Monument.
            (3) Resource protection area.--Except as needed for 
        administrative purposes or to respond to an emergency, the use 
        of motor vehicles within the area generally depicted on the Map 
        as ``Proposed Resource Protection Area'' shall be prohibited.
    (d) Tribal Co-Stewardship.--
            (1) In general.--The Secretary shall consult with 
        interested Indian Tribes with respect to the management of the 
        National Monument.
            (2) Decisionmaking.--The Secretary shall ensure that 
        management decisions affecting the National Monument are 
        informed by and reflect Tribal expertise and Traditional 
        Ecological Knowledge.
            (3) Self-determination contracts.--
                    (A) In general.--In carrying out this Act, the 
                Secretary may contract with 1 or more Indian Tribes to 
                perform administrative or management functions within 
                the National Monument through contracts entered into 
                under the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5301 et seq.).
                    (B) Tribal assistance.--The Secretary may provide 
                technical and financial assistance to an Indian Tribe 
                in accordance with section 103 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                5322) to improve the capacity of the Indian Tribe to 
                develop, enter into, and carry out activities under a 
                contract entered into under paragraph (1).
    (e) Approval of Funding Agreements.--The Secretary may approve 
funding agreements under title IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5361 et seq.) for the management of 
programs and functions relating to the management and protection of 
traditional cultural properties and other culturally significant 
programming associated with the National Monument.
    (f) Temporary Closures.--
            (1) In general.--The Secretary may temporarily close to the 
        general public the use of 1 or more specific portions of the 
        National Monument to protect the privacy of cultural, 
        religious, and gathering activities by members of an Indian 
        Tribe.
            (2) Requirements.--
                    (A) In general.--Any closure under paragraph (1)--
                            (i) shall be made so as to affect the 
                        smallest practicable area for the minimum 
                        period of time necessary;
                            (ii) shall be in accordance with the 
                        requirements of applicable law, including 
                        division A of subtitle III of title 54, United 
                        States Code (commonly referred to as the 
                        ``National Historic Preservation Act''); and
                            (iii) may not be made permanent.
                    (B) Access.--Access by members of an Indian Tribe 
                to a portion of the National Monument closed under 
                paragraph (1) shall be consistent with purpose and 
                intent of Public Law 95-341 (commonly known as the 
                ``American Indian Religious Freedom Act''; 42 U.S.C. 
                1996 et seq.).

SEC. 5. ADMINISTRATIVE PROVISIONS.

    (a) Withdrawal.--Subject to valid existing rights, all Federal land 
in the National Monument (including any land acquired by the Secretary 
within the National Monument after the date of the enactment of this 
Act) is 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, mineral materials, 
        and geothermal leasing laws.
    (b) Acquisition and Incorporation.--
            (1) In general.--The Secretary may acquire land or an 
        interest in land within the boundaries of the National Monument 
        by purchase from a willing seller, donation, or exchange.
            (2) State lands.--The Secretary, in collaboration with the 
        Arizona State Land Department, shall seek to acquire by 
        exchange or purchase from a willing seller those lands 
        generally depicted on the Map as ``Lands Identified for 
        Potential Acquisition''.
            (3) Incorporation in national monument.--Land acquired 
        under this subsection shall--
                    (A) become part of the National Monument; and
                    (B) be managed in accordance with this Act and any 
                other applicable laws.
    (c) Grazing.--
            (1) Effect.--Nothing in this Act shall be construed to 
        prohibit grazing within the National Monument pursuant to 
        existing leases or permits, or the renewal or assignment of 
        such leases or permits.
            (2) Administration.--The Secretary shall continue to 
        administer grazing within the National Monument in accordance 
        with the applicable laws, regulations, and policies.
    (d) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to the management of fish and 
wildlife in the State.
    (e) Water Rights.--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 claims or right to water not asserted or 
        finally determined as of the date of enactment of this Act;
            (4) affects any interstate water compact in existence on 
        the date of 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 on or before the 
        date of enactment of this Act.
    (f) Military Overflights.--Nothing in this Act restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        National Monument, including military overflights that can be 
        seen or heard within the National Monument;
            (2) flight testing and evaluation; or
            (3) the designation or creation of new units of special use 
        airspace, or the establishment of military flight training 
        routes, over the National Monument.
    (g) Adjacent Management.--
            (1) In general.--Nothing in this Act shall be construed to 
        create a protective perimeter or buffer zone around the 
        National Monument.
            (2) Activities and uses.--The fact that activities or uses 
        can be seen or heard from areas within the National Monument 
        shall not preclude the conduct of the activities or uses 
        outside the boundary of the National Monument.
    (h) Tribal Rights.--Nothing in this Act alters or diminishes--
            (1) the treaty rights of any Indian Tribe; or
            (2) the hunting, fishing, and gathering rights of the 
        Tohono O'odham Nation recognized by section 4(b) of the Gila 
        Bend Indian Reservation Lands Replacement Act (Public Law 99-
        503).
    (i) Utility and Transmission Facilities.--
            (1) In general.--Nothing in this Act, unless inconsistent 
        with proper care and management of the National Monument, 
        precludes or interferes with renewing, assigning, operating, 
        maintaining, replacing, modifying, upgrading, or accessing any 
        of the following, within or adjacent to the boundary of the 
        National Monument:
                    (A) Flood control, utility, pipeline, and 
                telecommunications facilities.
                    (B) Roads or highway corridors.
                    (C) Seismic monitoring facilities.
                    (D) Other water infrastructure, including wildlife 
                water developments and water district facilities.
            (2) Expansion; construction of new facilities.--With 
        respect to a facility described in subparagraph (A), (C), or 
        (D) of paragraph (1) that is within or adjacent to the boundary 
        of the National Monument, subject to section 5(a) and any other 
        applicable law--
                    (A) an existing facility may be expanded; and
                    (B) a new facility may be constructed.

SEC. 6. TRIBAL COMMISSION.

    (a) In General.--To ensure that the management of the National 
Monument reflects the expertise and traditional, cultural, ecological, 
historical, and Native knowledge of interested Indian Tribes, not later 
than 180 days after the date of enactment of this Act, the Secretary 
shall establish for the National Monument a Tribal Commission.
    (b) Duties.--The Tribal Commission shall provide guidance and 
recommendations on the development and implementation of the management 
plan for, and policies of, the National Monument.
    (c) Membership.--The Tribal Commission shall consist of the 
representatives designated by each interested Indian Tribe, with a 
maximum of 1 representative per interested Indian Tribe.
    (d) Exemption.--Chapter 10 of title 5, United States Code (commonly 
referred to as the ``Federal Advisory Committee Act''), shall not apply 
to the Tribal Commission.
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