[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2262 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2262

   To designate the Baaj Nwaavjo I'tah Kukveni Grand Canyon National 
       Monument in the State of Arizona, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2023

 Ms. Sinema (for herself and Mr. Kelly) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To designate the Baaj Nwaavjo I'tah Kukveni Grand Canyon 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 ``Baaj Nwaavjo I'tah Kukveni Grand 
Canyon National Monument Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Grand Canyon ecosystem and watershed--
                    (A) is--
                            (i) a nationally significant landscape;
                            (ii) an ancestral homeland for regional 
                        Indian Tribes;
                            (iii) an important species migration 
                        corridor;
                            (iv) a fragile ecosystem; and
                            (v) a remote refuge of scientific, 
                        climatic, and recreational importance; and
                    (B) urgently requires congressional protection;
            (2) the Associated Tribes--
                    (A) have a longstanding historical, cultural, and 
                religious connection to the Grand Canyon ecosystem and 
                watershed; and
                    (B) have been stewards of the natural and cultural 
                resources that comprise the landscape of the Grand 
                Canyon ecosystem, including the plants, wildlife, and 
                water sources of the landscape, since time immemorial;
            (3) from quarries and campsites to housesites, pictographs, 
        rock shelters, petroglyphs, storage bins, caves, seeps, 
        springs, and sacred sites like Red Butte and Kanab Creek, the 
        landscape of the Grand Canyon area continues to play a vital 
        role in the cultural and religious life of the Associated 
        Tribes;
            (4) through the role of the Associated Tribes as stewards 
        of the Grand Canyon ecosystem and watershed, the Associated 
        Tribes possess deep traditional ecological and cultural 
        knowledge of the unique and fragile landscape, which serves a 
        vital role in the continued management of the land as the land 
        faces new and growing threats from climate change, biodiversity 
        loss, and extreme drought;
            (5) given the traditional and cultural knowledge of the 
        Associated Tribes and the sacred importance of the landscape of 
        the Grand Canyon area, it is essential that the Associated 
        Tribes play an integral role in the management planning for and 
        ongoing stewardship of the National Monument;
            (6) the Grand Canyon ecosystem and watershed in northern 
        Arizona contains nationally significant biological, cultural, 
        recreational, geological, educational, and scientific values;
            (7) the Grand Canyon ecosystem and watershed is integral to 
        Grand Canyon National Park;
            (8) the surface tributaries and groundwater sources within 
        the Grand Canyon watershed are interconnected and contribute 
        significantly to the flow of the Colorado River, which provides 
        a source of drinking water for millions of citizens of the 
        United States;
            (9) the Grand Canyon ecosystem and watershed contains a 
        diverse array of canyons, cliffs, grasslands, springs, and 
        escarpments that create a landscape unlike any other landscape 
        in the United States;
            (10) wildlife corridors within the Grand Canyon ecosystem 
        and watershed facilitate the migration and survival of many 
        native game species, while the rivers, forests, and grasslands 
        provide habitat for many rare species, threatened species, and 
        endangered species;
            (11) the Grand Canyon ecosystem and watershed provides a 
        wild and rugged landscape enjoyed by hunters, campers, hikers, 
        mountain bikers, equestrians, and other recreationists; and
            (12) recreational activity within the Grand Canyon 
        watershed is the primary driver of sustainable economic 
        development in local communities in the vicinity of the Grand 
        Canyon watershed.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Associated tribe.--The term ``Associated Tribe'' means 
        each of--
                    (A) the Havasupai Tribe;
                    (B) the Hopi Tribe;
                    (C) the Hualapai Indian Tribe;
                    (D) the Navajo Nation;
                    (E) the Kaibab Band of Paiute Indians;
                    (F) the Paiute Indian Tribe of Utah (consisting of 
                the Cedar Band of Paiutes, the Kanosh Band of Paiutes, 
                the Koosharem Band of Paiutes, the Indian Peaks Band of 
                Paiutes, and the Shivwits Band of Paiutes);
                    (G) the Las Vegas Tribe of Paiute;
                    (H) the Moapa Band of Paiute Indians;
                    (I) the San Juan Southern Paiute Tribe;
                    (J) the Yavapai-Apache Nation;
                    (K) the Zuni Tribe; and
                    (L) the Colorado River Indian Tribes.
            (2) Indian land.--The term ``Indian land'' means land of an 
        Indian Tribe or an individual Indian that is--
                    (A) held in trust by the United States; or
                    (B) subject to a restriction against alienation 
                imposed by the United States.
            (3) Indian tribe.--The term ``Indian Tribe'' means the 
        governing body of any Indian or Alaska Native 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).
            (4) Management plan.--The term ``management plan'' means 
        the plan developed under section 5(b).
            (5) Map.--The term ``map'' means the map entitled 
        ``Proposed Baaj Nwaavjo I'tah Kukveni Grand Canyon National 
        Monument'' and dated May 25, 2023.
            (6) National monument.--The term ``National Monument'' 
        means the Baaj Nwaavjo I'tah Kukveni Grand Canyon National 
        Monument established by section 4(a).
            (7) Public land.--The term ``public land'' means land under 
        the jurisdiction of the Secretary of the Interior or the 
        Secretary of Agriculture, other than land held in trust by the 
        United States for the benefit of an Indian Tribe or an 
        individual Indian.
            (8) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior, 
        acting jointly.
            (9) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Secretary of the 
                Interior.
            (10) State.--The term ``State'' means the State of Arizona.
            (11) Tribal commission.--The term ``Tribal commission'' 
        means the commission established under section 8(a).
            (12) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (13) Wildlife management.--The term ``wildlife management'' 
        means the use, by the State, of methods and procedures 
        necessary or desirable to sustain healthy populations of 
        wildlife, including all activities associated with scientific 
        resources management, such as research, census, monitoring of 
        populations, disease surveillance, law enforcement, improvement 
        and management of habitat, live trapping and transplantation, 
        wildlife damage management, and hunting and fishing.

SEC. 4. ESTABLISHMENT OF THE BAAJ NWAAVJO I'TAH KUKVENI GRAND CANYON 
              NATIONAL MONUMENT.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Baaj Nwaavjo I'tah Kukveni Grand Canyon National 
Monument in the State, to be administered by the Secretaries.
    (b) Purpose.--The purpose of the National Monument is to protect, 
conserve, and enhance the unique and nationally important historic, 
cultural, archaeological, natural, scenic, dark-sky, wildlife, 
biological, ecological, scientific, geological, hydrological, 
educational, and recreational resources of the National Monument.
    (c) Area Included.--
            (1) In general.--The National Monument shall consist of 
        approximately 1,069,970 acres of public land in the State, as 
        generally depicted on the map.
            (2) Availability of map.--The map shall be on file and 
        available for public inspection in the appropriate offices of 
        the Bureau of Land Management and the Forest Service.

SEC. 5. MANAGEMENT OF THE NATIONAL MONUMENT.

    (a) In General.--The Secretaries shall administer the National 
Monument--
            (1) in a manner that conserves, protects, and enhances the 
        resources of the National Monument;
            (2) 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) any other applicable laws; and
            (3) in the case of National Monument land under the 
        jurisdiction of the Secretary of the Interior, as a component 
        of the National Landscape Conservation System.
    (b) Management Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall develop a 
        comprehensive management plan for the long-term management of 
        the National Monument.
            (2) Consultation; access.--The Secretaries shall--
                    (A) in developing the management plan, consult 
                with--
                            (i) appropriate entities of the Federal 
                        Government and Tribal, State, and local 
                        governments;
                            (ii) the Tribal commission; and
                            (iii) members of the public; and
                    (B) allow for continued access for wildlife 
                management within the National Monument by the State 
                during the development of the management plan.
            (3) Requirements.--The management plan shall--
                    (A) describe the appropriate uses of the National 
                Monument;
                    (B) to the maximum extent practicable, provide for 
                the careful and full incorporation of the traditional 
                and historical knowledge and special expertise of the 
                Associated Tribes in the management plan;
                    (C) identify opportunities for Associated Tribes to 
                participate in the co-stewardship of resources within 
                the National Monument;
                    (D) identify opportunities to protect and preserve 
                Indian sacred sites (as defined in section 1(b) of 
                Executive Order 13007 (42 U.S.C. 1996 note; relating to 
                Indian sacred sites)) and traditional and cultural 
                sites and ensure access to those sites for Tribal 
                activities, including for spiritual purposes, cultural 
                purposes, and traditional plant-based food and plant-
                based medicine-gathering purposes, by members of the 
                Associated Tribes;
                    (E)(i) identify short-term and long-term management 
                actions; and
                    (ii) prioritize the management actions identified 
                under clause (i) based on the projected availability of 
                resources;
                    (F) authorize the appropriate use of motorized and 
                mechanized vehicles in the National Monument, including 
                providing for the maintenance of appropriate roads, in 
                accordance with the protection of resources within the 
                National Monument;
                    (G) provide for continued recreational uses of the 
                National Monument, including hunting, fishing, hiking, 
                camping, mountain biking, birding, and horseback 
                riding, to the extent that those uses are consistent 
                with this Act and applicable law; and
                    (H) incorporate any provision of an applicable land 
                and resource management plan that the Secretaries 
                consider to be appropriate, in consultation with the 
                Associated Tribes.
            (4) Review.--Not less frequently than annually, the 
        Secretaries shall review the management plan to ensure the 
        management plan is meeting the requirements of this Act.
    (c) Uses.--The Secretaries shall allow only those uses of the 
National Monument that the Secretaries determine would further the 
purpose of the National Monument.
    (d) Cooperative Agreements.--In carrying out this Act, the 
Secretaries shall, to the maximum extent practicable, make grants to, 
or enter into cooperative agreements or shared management arrangements 
with, the Associated Tribes to further the purpose of the National 
Monument.
    (e) Self-Determination Contracts.--
            (1) In general.--In carrying out this Act, the Secretaries 
        may contract with 1 or more Associated Tribes or Tribal 
        organizations 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.).
            (2) Tribal assistance.--The Secretaries may provide 
        technical and financial assistance to an Associated 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).
    (f) Approval of Funding Agreements.--The Secretary of the Interior 
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.
    (g) Temporary Closures.--
            (1) In general.--The Secretaries 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 Associated 
        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; and
                            (ii) may not be made permanent.
                    (B) Access.--Access by members of an Associated 
                Tribe to a portion of the National Monument closed 
                under paragraph (1) shall 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 et seq.).
    (h) Motorized and Mechanized Vehicles.--
            (1) In general.--Except as provided in paragraph (2), the 
        use of motorized or mechanized vehicles on land within the 
        National Monument shall be permitted only on roads and trails 
        designated for the use of motorized or mechanized vehicles by 
        the management plan.
            (2) Exception.--The use of motorized or mechanized vehicles 
        shall be permitted in the National Monument on roads and trails 
        not designated by the management plan for the use of motorized 
        or mechanized vehicles in cases in which the use is necessary--
                    (A) for administrative purposes;
                    (B) for wildlife management;
                    (C) to respond to an emergency; or
                    (D) to hunt and fish in accordance with all 
                applicable laws (including regulations) and policies, 
                including the guidelines detailed in the ``Arizona Off-
                Highway Vehicle Guide'' published by the Arizona Game 
                and Fish Department.
    (i) Grazing.--The grazing of livestock in the National Monument, if 
established or permitted before the date of enactment of this Act, 
shall be allowed to continue subject to all applicable laws (including 
regulations).
    (j) Commercial Recreation Activities.--The Secretary concerned 
shall allow commercial recreation activities within the National 
Monument in accordance with--
            (1) this Act; and
            (2) other applicable laws (including regulations).
    (k) Law Enforcement.--The Secretaries, in consultation with 
Associated Tribes, shall ensure adequate law enforcement presence with 
respect to law enforcement matters under the jurisdiction of the 
Secretaries to further the purpose and protect the resources of the 
National Monument.
    (l) Sand and Gravel Operations.--The Secretary concerned may permit 
sand and gravel operations within the National Monument in accordance 
with--
            (1) this Act; and
            (2) other applicable laws (including regulations).
    (m) Hunting and Fishing.--
            (1) In general.--Hunting and fishing shall be authorized 
        within the National Monument in accordance with--
                    (A) State law;
                    (B) treaty obligations of the United States; and
                    (C) any other applicable laws (including 
                regulations).
            (2) No conflict with purposes.--The hunting, fishing, or 
        other taking of wildlife within the National Monument shall not 
        be considered to conflict with the purposes of the National 
        Monument or this Act.
    (n) Habitat and Ecological Restoration.--In accordance with any 
applicable laws (including regulations), the Secretaries shall--
            (1) provide for the development and implementation of 
        credible science-based habitat and ecological restoration 
        projects within the National Monument; and
            (2) collaborate with the State on wildlife management 
        within the National Monument, including through the development 
        of new, or continuation of existing, memoranda of understanding 
        with the Arizona Game and Fish Department.

SEC. 6. WITHDRAWAL OF FEDERAL LAND FROM MINING LAWS.

    (a) Withdrawal.--Subject to valid existing rights, the public land 
and interests in public land within the National Monument are 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 and geothermal leasing 
        laws.
    (b) Relinquishment and Later Acquisition.--If a valid existing 
right described in subsection (a) is relinquished or otherwise acquired 
by the United States after the date of enactment of this Act, the land 
that was subject to that right shall be immediately withdrawn in 
accordance with that subsection.
    (c) Additional Land.--If the Secretaries acquire mineral or other 
interests in a parcel of land within the National Monument after the 
date of enactment of this Act, the parcel is withdrawn from operation 
of the laws referred to in subsection (a) on the date of acquisition of 
the parcel or interest.

SEC. 7. EXEMPTION FROM DISCLOSURE UNDER FREEDOM OF INFORMATION ACT.

    (a) In General.--Except as provided in subsection (b), any 
information relating to the nature and specific location of a cultural 
resource located at the National Monument shall not be disclosed by the 
Secretaries and shall be exempt from the disclosure under section 552 
of title 5, United States Code (commonly known as the ``Freedom of 
Information Act'').
    (b) Exception.--The Secretaries, in consultation with Associated 
Tribes, may disclose information described in subsection (a) if the 
Secretaries determine that the disclosure--
            (1) would--
                    (A) further the purposes of the National Monument 
                or this Act; and
                    (B) be in accordance with other applicable laws; 
                and
            (2) would not create an undue risk of harm to or theft or 
        destruction of the cultural resource or the site at which the 
        cultural resource is located.

SEC. 8. 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 Associated Tribes, not later than 
180 days after the date of enactment of this Act, the Secretaries 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 Associated Tribe, with a maximum of 
1 representative per Associated Tribe.
    (d) New Members.--
            (1) In general.--In coordination with the Tribal 
        commission, the Secretaries may offer membership on the Tribal 
        commission to any Indian Tribe that, in the determination of 
        the Secretaries, is a successor of an Associated Tribe.
            (2) Representation.--An Indian Tribe made a member of the 
        Tribal commission under paragraph (1) shall be considered to be 
        an Associated Tribe for purposes of subsection (c).
    (e) 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.

SEC. 9. EFFECT.

    (a) 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 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.
    (b) Fish and Wildlife.--Nothing in this Act--
            (1) affects the authority, jurisdiction, or responsibility 
        of the State to manage, control, or regulate fish and wildlife 
        under State law (including regulations), including the 
        regulation of hunting, fishing, trapping, and recreational 
        shooting on public land within the National Monument, and the 
        exercise of State authority shall not be construed as 
        conflicting with the purposes of the National Monument or this 
        Act;
            (2) limits access for hunting, fishing, trapping, or 
        recreational shooting; or
            (3) limits, under the authority of and in coordination with 
        the Arizona Game and Fish Department, the ability of Associated 
        Tribes to conduct ceremonial hunts.
    (c) Tribal Treaty Rights; Tribal Rights.--Nothing in this Act--
            (1) alters, modifies, enlarges, abrogates, or diminishes 
        rights secured by treaty, statute, Executive order, or other 
        Federal law of any Indian Tribe, including off-reservation 
        reserved rights; or
            (2) affects any Indian land.
    (d) Public Access.--Except as otherwise provided in this Act, 
nothing in this Act affects public access to land within the National 
Monument.
    (e) Non-Federal Land.--Nothing in this Act modifies any provision 
of Federal, State, or local law with respect to use of non-Federal 
land.
    (f) Utility and Transmission Facilities.--
            (1) In general.--Nothing in this Act precludes the renewal 
        or assignment of, or interferes with the operation, 
        maintenance, replacement, modification, upgrade, or access to, 
        within or adjacent to the boundary of the National Monument--
                    (A) existing flood control, utility, pipeline, and 
                telecommunications facilities;
                    (B) roads or highway corridors;
                    (C) seismic monitoring facilities; or
                    (D) other water infrastructure, including wildlife 
                water developments or water district facilities.
            (2) Expansion; construction of new facilities.--Any 
        existing facility within or adjacent to the boundary of the 
        National Monument described in subparagraph (A), (C), or (D) of 
        paragraph (1) may be expanded and any new facility described in 
        those subparagraphs may be constructed, to the extent 
        consistent with--
                    (A) section 5(a); and
                    (B) other applicable law.
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