[Federal Register Volume 81, Number 32 (Thursday, February 18, 2016)]
[Presidential Documents]
[Pages 8365-8369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03540]



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Vol. 81

Thursday,

No. 32

February 18, 2016

Part II





The President





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Proclamation 9394--Establishment of the Castle Mountains National 
Monument



Proclamation 9395--Establishment of the Mojave Trails National Monument



Proclamation 9396--Establishment of the Sand to Snow National Monument



Proclamation 9397--Death of Antonin Scalia
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                         Presidential Documents 
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  Federal Register / Vol. 81 , No. 32 / Thursday, February 18, 2016 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 9394 of February 12, 2016

                
Establishment of the Castle Mountains National 
                Monument

                By the President of the United States of America

                A Proclamation

                The Castle Mountains area, bounded on three sides by 
                Mojave National Preserve (Preserve), possesses 
                outstanding natural, cultural, and historical values 
                representing some of the finest characteristics of the 
                eastern Mojave Desert. It connects water flow and 
                wildlife corridors of the Preserve, and completes the 
                boundary of the Preserve along the California-Nevada 
                border. Beneath the shadow of Hart Peak lie rich 
                cultural and historic resources, including Native 
                American archeological sites and the historic gold 
                mining ghost town of Hart. Exposed geologic features 
                contribute to the area's outstanding scenery.

                Shaped by millions of years of geologic forces, the 
                rugged Castle Mountains are emblematic of the Mojave 
                landscape. The Castle Mountains rise from the broad 
                sweep of the Lanfair Valley to a height of over 5,000 
                feet, presenting a picturesque skyline visible from 
                many locations within the Preserve, while also 
                affording spectacular views of the Preserve and beyond. 
                Hart Peak is the prominent feature in the Castle 
                Mountains skyline at 5,543 feet. Views from Hart Peak 
                encompass vast wilderness and distinctive peaks, 
                including Spirit Mountain in Nevada, a sacred site to 
                many Native American tribes. The remoteness of the 
                Castle Mountains area offers visitors the chance to 
                experience the solitude of the desert and its 
                increasingly rare natural soundscapes and dark night 
                skies.

                The Castle Mountains area provides a critical linkage 
                for plants, animals, and water between two mountain 
                ranges within the Preserve, the New York Mountains to 
                the northwest and the Piute Mountains to the southeast. 
                The area's high quality desert habitat includes some of 
                the finest Joshua tree forest in the Mojave Desert, as 
                well as pinyon pine and juniper forest at the upper 
                elevations. The area's native desert grassland is a 
                hotspot of botanical diversity. The unique plant 
                assemblage includes 28 species of native grasses, about 
                half of which are rare, including burrograss and false 
                buffalograss.

                Protection of this relatively intact and undisturbed 
                habitat is important not just to the long-term survival 
                of many plant species but also to significant wildlife 
                populations. A herd of desert bighorn sheep lives on 
                the steep, rocky slopes of the Castle Mountains. They 
                and other wildlife traverse the area between the Piute 
                Mountains and the New York Mountains. Numerous bat 
                species live in rock crevices and mine remnants in the 
                area. Wildlife species of special concern include the 
                Townsend's big-eared bat, California leaf-nosed bat, 
                Swainson's hawk, golden eagle, desert tortoise, 
                Bendire's thrasher, and gray vireo.

                With its habitat linkages, wildlife corridors, and 
                intact ecosystems, the area offers exceptional 
                opportunities to study plant and animal movement and 
                connections between diverse natural systems, especially 
                in the context of climate change. Ongoing studies of 
                desert bighorn sheep and other plant and animal species 
                have shown the priority of this area for scientific 
                research. A recent study using network models of 
                bighorn sheep genetic and demographic connectivity as 
                tools for landscape-scale conservation found the Castle 
                Mountains habitat to be one of the most important in 
                the Mojave

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                Desert. Botanists are finding new and rare plant 
                populations, and significant new information regarding 
                the range of species such as Mexican panicgrass, in the 
                Castle Mountains area.

                The Castle Mountains area is the only remaining portion 
                of the 226-square mile Lanfair Valley watershed that is 
                not part of the Preserve. Underlying much of the 
                Lanfair Valley, including the Castle Mountains area, is 
                a large groundwater aquifer of critical importance to 
                the desert ecosystem. With its primary recharge zone in 
                the New York Mountains, this aquifer feeds Piute 
                Spring, located in the Preserve just south of the 
                Castle Mountains area. Piute Spring is the only 
                perennial stream and riparian corridor in the Preserve, 
                and attracts numerous flora and fauna.

                As a rare desert water source, Piute Spring attracted 
                Native American habitation for thousands of years, 
                followed by Euro-American exploration and settlement. 
                Drawn to this reliable source of potable water, in 1867 
                the U.S. Army established Fort Piute (listed on the 
                National Register of Historic Places) adjacent to the 
                spring to provide protection to travelers on the Old 
                Spanish Trail (known locally as the Mojave Road) that 
                crossed the Mojave Desert from the Colorado River to 
                San Bernardino, California. Maintenance of the 
                groundwater resources and flow to Piute Spring is 
                essential to the historical and scientific value of 
                both the area and the Preserve.

                The Castle Mountains area also contains other cultural 
                resources that reflect a long history of prehistoric 
                and historic human use. Prehistoric rock art and 
                archeological sites are found throughout the area. The 
                rock art indicates sites of significant cultural import 
                to both the Fort Mojave and Chemehuevi Tribes, marking 
                routes through the Castle Mountains likely traveled by 
                both tribes. The Castle Mountains area links places to 
                the south, like Piute Spring, to areas north, such as 
                an obsidian collection site. Western expansion brought 
                ranching, mining, and the railroad to the area. Some of 
                the best-preserved segments of a wagon road that linked 
                the Arizona Territory (Hardyville, now Bullhead City, 
                Arizona) to settlements in southern California can be 
                found in the Castle Mountains area. Ranchers grazed 
                cattle in the area. By 1894, the Rock Springs Land and 
                Cattle Company had consolidated its holdings in the 
                eastern Mojave Desert. Much of their historic ranch 
                lies within the Preserve, and features of this and 
                other grazing enterprises of the era can still be seen 
                in the Castle Mountains area. In 1907, brothers Bert 
                and Clark Hitt found rich gold ore, staking claims that 
                became the Oro Belle and Big Chief Mines. With James 
                Hart, they founded the town of Hart at the base of Hart 
                Peak. Between 1908 and 1910, the town of Hart underwent 
                a rapid boom and bust, and by 1920, Hart had become a 
                ghost town. Throughout this period of western 
                expansion, railroads served the ranchers, miners, Hart 
                residents, and others in the eastern Mojave Desert. 
                Part of the former 23-mile Barnwell and Searchlight 
                Railway, later incorporated into the California Eastern 
                Railway, ran through the Castle Mountains area.

                WHEREAS, section 320301 of title 54, United States Code 
                (known as the ``Antiquities Act''), authorizes the 
                President, in his discretion, to declare by public 
                proclamation historic landmarks, historic and 
                prehistoric structures, and other objects of historic 
                or scientific interest that are situated upon the lands 
                owned or controlled by the Federal Government to be 
                national monuments, and to reserve as a part thereof 
                parcels of land, the limits of which shall be confined 
                to the smallest area compatible with the proper care 
                and management of the objects to be protected;

                WHEREAS, it is in the public interest to preserve and 
                protect the historic and scientific objects in the 
                Castle Mountains area;

                WHEREAS, the protection of the Castle Mountains area's 
                outstanding objects of historic and scientific interest 
                would also contribute to the protection of the 
                resources and values of the Preserve;

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by the authority vested in me 
                by section 320301 of title 54,

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                United States Code, hereby proclaim the objects 
                identified above that are situated upon lands and 
                interests in lands owned or controlled by the Federal 
                Government to be the Castle Mountains National Monument 
                (monument) and, for the purpose of protecting those 
                objects, reserve as a part thereof all lands and 
                interests in lands owned or controlled by the Federal 
                Government within the boundaries described on the 
                accompanying map, which is attached to and forms a part 
                of this proclamation. The reserved Federal lands and 
                interests in lands encompass approximately 20,920 
                acres. The boundaries described on the accompanying map 
                are confined to the smallest area compatible with the 
                proper care and management of the objects to be 
                protected.

                All Federal lands and interests in lands within the 
                boundaries described on the accompanying map are hereby 
                appropriated and withdrawn from all forms of entry, 
                location, selection, sale, or other disposition under 
                the public land laws, from location, entry, and patent 
                under the mining laws, and from disposition under all 
                laws relating to mineral and geothermal leasing.

                The establishment of the monument is subject to valid 
                existing rights. If the Federal Government acquires any 
                lands or interests in lands not owned or controlled by 
                the Federal Government within the boundaries described 
                on the accompanying map, such lands and interests in 
                lands shall be reserved as a part of the monument, and 
                objects identified above that are situated upon those 
                lands and interests in lands shall be part of the 
                monument, upon acquisition of ownership or control by 
                the Federal Government.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the rights of any Indian tribe. The 
                Secretary of the Interior (Secretary) shall, to the 
                maximum extent permitted by law and in consultation 
                with Indian tribes, ensure the protection of Indian 
                sacred sites and cultural sites in the monument and 
                provide access to the sites by members of Indian tribes 
                for traditional cultural and customary uses, consistent 
                with the American Indian Religious Freedom Act (42 
                U.S.C. 1996) and Executive Order 13007 of May 24, 1996 
                (Indian Sacred Sites).

                The Secretary shall manage these lands through the 
                National Park Service, pursuant to applicable 
                authorities, consistent with the purposes and 
                provisions of this proclamation. The Secretary shall 
                prepare a management plan to implement the purposes of 
                this proclamation, with full public involvement, within 
                3 years of the date of this proclamation. For the 
                purpose of protecting the objects identified above, all 
                motorized and mechanized vehicle use off road will be 
                prohibited, except for emergency or authorized 
                administrative purposes.

                The Secretary shall continue to manage the Federal 
                lands and interests in lands within the adjacent area 
                labelled ``Castle Mountain Mine Area'' on the 
                accompanying map through the Bureau of Land Management, 
                pursuant to applicable authorities. Upon the 
                determination of the Secretary that either (1) all 
                mining and mining-related activities have terminated 
                and reclamation has been completed, or (2) a period of 
                10 years from the date of this proclamation has elapsed 
                during which no commercial mining activities have 
                occurred pursuant to a Bureau of Land Management 
                approved plan of operations, the Secretary shall, 
                consistent with applicable legal authorities, transfer 
                jurisdiction of the lands within the Castle Mountain 
                Mine Area to the National Park Service and ensure that 
                the lands are managed in a manner compatible with the 
                proper care and management of the objects identified 
                above.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the jurisdiction of the State of California 
                with respect to fish and wildlife management.

                The Federal land managing agencies shall, in 
                cooperation with appropriate State officials and 
                subject to applicable State and Federal law, ensure the

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                availability of water resources, including groundwater 
                resources, needed for monument purposes.

                Nothing in this proclamation shall restrict or preclude 
                low level overflights of military aircraft, the 
                designation of new units of special use airspace, or 
                the use or establishment of military flight training 
                routes over the lands reserved by this proclamation, 
                consistent with the care and management of the objects 
                to be protected.

                Nothing in this proclamation shall be construed to 
                alter the authority or responsibility of any party with 
                respect to emergency response activities within the 
                monument, including wildland fire response.

                Nothing in this proclamation shall be deemed to revoke 
                any existing withdrawal, reservation, or appropriation; 
                however, the monument shall be the dominant 
                reservation.

                Warning is hereby given to all unauthorized persons not 
                to appropriate, injure, destroy, or remove any feature 
                of this monument and not to locate or settle upon any 
                of the lands thereof.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twelfth day of February, in the year of our Lord two 
                thousand sixteen, and of the Independence of the United 
                States of America the two hundred and fortieth.
                
                
                    (Presidential Sig.)

Billing code 3295-F6-P


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[GRAPHIC] [TIFF OMITTED] TD18FE16.000


[FR Doc. 2016-03540
Filed 2-17-16;11:15 am]
Billing code 4310-10-C