[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5001 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5001
To establish the Sattitla National Monument in the State of California,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2024
Mr. Padilla (for himself and Ms. Butler) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Sattitla National Monument in the State of California,
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 ``Sattitla National Monument
Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Sattitla
National Monument Tribal Commission established under section
5(a).
(2) Culturally affiliated indian tribe.--The term
``culturally affiliated Indian Tribe'' means a federally
recognized Indian Tribe that--
(A) the Secretary of the Interior acknowledges to
exist as an Indian Tribe pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131); and
(B) is determined by the Secretary to have a
cultural connection to the Monument.
(3) Management plan.--The term ``management plan'' means
the management plan for the Monument developed under section 4.
(4) Map.--The term ``Map'' means the map entitled
``Sattitla National Monument-Proposed'' and dated August 20,
2024.
(5) Monument.--The term ``Monument'' means the Sattitla
National Monument established by section 3(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) State.--The term ``State'' means the State of
California.
(8) Traditional and cultural purpose.--The term
``traditional and cultural purpose'', with respect to a
culturally affiliated Indian Tribe, means a use, area, or
practice identified by the culturally affiliated Indian Tribe
as traditional or cultural because of the significance or
ceremonial nature of the use, area, or practice to the
culturally affiliated Indian Tribe.
SEC. 3. ESTABLISHMENT OF SATTITLA NATIONAL MONUMENT.
(a) Establishment.--Subject to valid existing rights, there is
established the Sattitla National Monument in the State, consisting of
approximately 206,563 acres of Federal land administered by the Forest
Service, as generally depicted on the Map.
(b) Purposes.--The purposes of the Monument are--
(1) 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 Monument; and
(2) to provide for the cooperative and collaborative
management of the Monument with culturally affiliated Indian
Tribes.
(c) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the land and resources of the Monument;
(B) in accordance with--
(i) the principles of multiple use and
sustained yield in accordance with the
Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 528 et seq.);
(ii) this Act; and
(iii) any other applicable Federal law
(including regulations); and
(C) in cooperation and collaboration with
culturally affiliated Indian Tribes.
(2) Access and use by culturally affiliated indian
tribes.--
(A) Access.--The Secretary shall allow access to
the Monument by members of a culturally affiliated
Indian Tribe for traditional and cultural purposes.
(B) Temporary closure.--In carrying out this
paragraph, the Secretary, on the request of a
culturally affiliated Indian Tribe and subject to valid
existing rights and authorizations (including access to
private property), may temporarily close any area of
the Monument to the public to protect the privacy of
Tribal activities for traditional and cultural purposes
conducted by members of the culturally affiliated
Indian Tribe.
(C) Applicable law.--The access and use by members
of a culturally affiliated Indian Tribe under this
paragraph 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.).
(3) Recreation.--The Secretary shall continue to authorize
and enhance recreation in the Monument, including camping,
hiking, fishing, boating, backpacking, sightseeing, nature
study, horseback riding, hunting, guard station and lookout
recreation rentals, hang gliding, climbing, mountain biking,
and motorized recreation on designated routes (including
snowmobiling), if the recreational use is consistent with--
(A) the purposes described in subsection (b);
(B) this Act;
(C) other applicable Federal law (including
regulations);
(D) applicable land management plans; and
(E) input from the Commission regarding potential
impacts on culturally sensitive sites and resources.
(4) Motorized vehicles.--The use of motorized vehicles
within the Monument shall be permitted only in accordance with
applicable Forest Service regulations in effect on the date of
enactment of this Act.
(5) Grazing.--
(A) In general.--The Secretary shall permit the
grazing of livestock in the Monument, as established as
of the date of enactment of this Act, to continue,
subject to such reasonable regulations, policies, and
practices as the Secretary determines to be necessary.
(B) No new allotments.--The Secretary shall not
establish any new allotments for livestock grazing that
include any Federal land in the Monument.
(6) Existing easements and rights-of-way.--
(A) Effect.--Nothing in this Act precludes the
reauthorization, assignment (as applicable), or
modification of special use authorizations for, or
interferes with the operation, maintenance,
enlargement, replacement, or upgrade of, or
modification or access to, existing--
(i) flood control, electric utility
facilities (including electric transmission
facilities and electric distribution
facilities), pipeline, and communications
facilities within the Monument;
(ii) roads or highway corridors within the
Monument;
(iii) seismic monitoring facilities within
the Monument; or
(iv) other water infrastructure (including
wildlife water development) or water district
facilities within or adjacent to the Monument.
(B) Expansion of existing facilities.--To the
extent consistent with the proper care and management
of objects of historical, cultural, and scientific
interest within the Monument and subject to the
authorities of the Secretary and other applicable law,
existing flood control, pipeline, communications, fire
detection, seismic monitoring facilities, and water
infrastructure (including wildlife water developments)
and water district facilities may be expanded within
the Monument.
(7) Acquisition of valid existing rights.--The Secretary
may acquire through exchange, donation, or purchase from a
willing seller valid mining claims or other valid existing
rights within the Monument that the Secretary determines, after
consultation with the Commission or a culturally affiliated
Indian Tribe, threatens cultural resources within the Monument.
(8) Withdrawal.--
(A) In general.--Subject to valid existing rights
and except as provided in subparagraph (B), all Federal
land located in the Monument is permanently withdrawn
from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing,
mineral materials, and geothermal leasing laws.
(B) Exception.--Any Federal land located in the
Monument that is subject to a lease issued under the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)
or under any other geothermal leasing or mineral
leasing law that is in effect on the date of enactment
of this Act shall be withdrawn on the date on which the
applicable lease expires or is relinquished.
(9) Treaty rights.--Nothing in this Act enlarges,
diminishes, otherwise modifies, or abrogates the treaty rights
of any Indian Tribe, including any off-reservation reserved
treaty rights.
(10) Jurisdiction over fish and wildlife.--
(A) In general.--Nothing in this section enlarges
or diminishes the jurisdiction of the State with
respect to fish and wildlife management, including the
regulation of fishing and hunting within the Monument.
(B) Limitations.--
(i) Orders.--Subject to clause (ii) and
applicable law, the Secretary may issue orders
restricting the areas in which, and
establishing periods during which, for reasons
of public safety, administration, or compliance
with applicable laws, no hunting or fishing
will be permitted within the Monument.
(ii) Consultation.--Except in emergencies
and for closures issued for culturally
affiliated Indian Tribes under paragraph
(2)(B), the Secretary shall consult with the
appropriate State agency before issuing orders
under clause (i) that restrict or prohibit
hunting or fishing within the Monument.
(C) Fish and wildlife management activities.--
Management activities (including the use of motorized
vehicles by appropriate State agencies) to maintain,
enhance, or restore fish and wildlife populations and
the habitats to support fish and wildlife populations
may be carried out within the Monument, subject to
applicable laws (including regulations).
(11) Map; legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal
description of the Monument.
(B) Corrections.--The map and legal description
submitted under subparagraph (A) shall have the same
force and effect as if included in this Act, except
that the Secretary may correct any clerical or
typographical errors in the legal description and the
map.
(C) Conflict between map and legal description.--In
the case of a conflict between the map and the legal
description submitted under subparagraph (A), the map
shall control.
(D) Availability of map and legal description.--
Copies of the map and legal description submitted under
subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the
Forest Service.
(12) New rights-of-way.--Nothing in this Act prevents the
Secretary from authorizing new rights-of-way within the
Monument that the Secretary determines, in consultation with
applicable State and local agencies and culturally affiliated
Indian Tribes, are consistent with--
(A) this Act;
(B) applicable Federal laws (including
regulations);
(C) the purposes described in subsection (b);
(D) the management plan; and
(E) the care and proper management of objects of
cultural and scientific interest within the Monument.
(13) Wildfire, watershed protection, and forest health.--
(A) In general.--In accordance with this Act,
applicable law (including regulations), and the fire
management plan developed under section 4(e), the
Secretary may take any measures within the Monument
that the Secretary determines to be necessary to
prevent, control, or clean up damage caused by fire,
insects, and diseases, including, as the Secretary
determines to be appropriate, the coordination of the
activities with a State or local agency and ongoing
landscape restoration efforts associated with
vegetation management for watershed protection,
hazardous fuels reduction, and forest health.
(B) Prohibition of new commercial timber
production.--As of the date of enactment of this Act--
(i) any land within the Monument shall be
considered unsuitable for timber production;
and
(ii) any vegetation management activities
within the Monument that include a timber
sale--
(I) shall be for the purpose of
addressing wildfire, watershed
protection, or forest health; and
(II) shall not be for the primary
purpose of providing economic outcomes.
(14) 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 after the date of
enactment of this Act shall--
(A) become part of the Monument;
(B) be withdrawn in accordance with paragraph (8);
and
(C) be managed in accordance with--
(i) the principles of multiple use and
sustained yield in accordance with the
Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 528 et seq.);
(ii) this Act; and
(iii) any other applicable Federal law
(including regulations).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary--
(1) to establish the Monument;
(2) to perform any necessary mitigation, as determined by
the Secretary, within or adjacent to the Monument; and
(3) to otherwise carry out this section.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall begin developing a management plan for
the Monument.
(b) Tribal Consultation.--The Secretary shall consult with
culturally affiliated Indian Tribes with respect to--
(1) the development of the management plan under subsection
(a); and
(2) management decisions relating to the Monument.
(c) Continued Engagement With Culturally Affiliated Indian
Tribes.--The management plan shall set forth parameters for continued
meaningful engagement with culturally affiliated Indian Tribes with
respect to the implementation of the management plan.
(d) Ensuring Access to Dwellings Contained in Private Inholdings.--
The Secretary shall consult with owners of cabins at Medicine Lake to
ensure that continued access relating to the use of the cabins is
addressed in the management plan.
(e) Wildfire.--The management plan shall include a fire management
plan that may provide for prescribed fires, including traditional
indigenous burning practices and thinning conducted by a culturally
affiliated Indian Tribe to address forest health and safety.
(f) Effect.--Nothing in this Act affects the conduct of fire
prevention, mitigation, suppression, or cleanup activities associated
with wildfire, forest health, and fuels reduction within the Monument,
including through the use of existing agreements.
SEC. 5. SATTITLA NATIONAL MONUMENT TRIBAL COMMISSION.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a commission, to
be known as the ``Sattitla National Monument Tribal Commission''.
(b) Membership.--
(1) Makeup.--The Commission shall include a duly authorized
representative from each culturally affiliated Indian Tribe.
(2) Process.--The Secretary shall conduct government-to-
government consultation with each culturally affiliated Indian
Tribe to determine the membership of the Commission.
(c) Duties of Secretary.--The Secretary shall--
(1) consult with the Commission with respect to--
(A) proposals received from culturally affiliated
Indian Tribes for co-stewardship agreements;
(B) the development of the management plan; and
(C) providing guidance and recommendations in
management decisions relating to the Monument;
(2) ensure that the management plan sets forth parameters
for the continued engagement by the Commission in the
implementation of the management plan;
(3) to the extent permitted by Federal law, incorporate
into the management plan--
(A) the traditional ecological knowledge of the
culturally affiliated Indian Tribes as provided to the
Commission;
(B) public education and interpretation for
traditional place names and the cultural significance
of Federal land within the Monument, as the Secretary
and the Commission determine to be appropriate; and
(C) provisions to address funding, capacity
building, and infrastructure for culturally affiliated
Indian Tribes; and
(4) meet with the Commission not less frequently than 1
time per year.
(d) Procedures.--The Commission shall establish any rules and
procedures for the Commission that the Commission determines to be
necessary.
(e) FACA Exemption.--Chapter 10 of title 5, United States Code,
shall not apply to the Commission.
SEC. 6. AGREEMENTS AND PARTNERSHIPS.
To the maximum extent practicable and in accordance with applicable
law, on request of a culturally affiliated Indian Tribe, the Secretary
shall, in accordance with recommendations of the Commission provided as
part of the consultation process under section 5, enter into
agreements, contracts, and other cooperative and collaborative
partnerships with the culturally affiliated Indian Tribe with respect
to the co-management of the Monument under relevant Federal authority,
including--
(1) the provisions of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5301 et seq.), as
applicable under section 8703 of the Agriculture Improvement
Act of 2018 (25 U.S.C. 3115b);
(2) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a);
(3) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a);
(4) the Native American Tourism and Improving Visitor
Experience Act (25 U.S.C. 4351 et seq.); and
(5) in accordance with applicable guidance, including--
(A) Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian
Tribal governments);
(B) Secretarial Order 3342, issued by the Secretary
of the Interior on October 21, 2016, relating to
identifying opportunities for cooperative and
collaborative partnerships with federally recognized
Indian Tribes in the management of Federal lands and
resources;
(C) Joint Secretarial Order 3403, issued by the
Secretary and the Secretary of the Interior on November
15, 2021 (relating to fulfilling the trust
responsibility to Indian Tribes in the stewardship of
Federal lands and waters); and
(D) Executive Order 14112 (25 U.S.C. 5301 note;
relating to reforming Federal funding and support for
Tribal Nations to better embrace our trust
responsibilities and promote the next era of Tribal
self-determination).
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