[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Presidential Documents]
[Pages 17999-18004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06401]


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  Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / 
Presidential Documents  

[[Page 17999]]


                Proclamation 10534 of March 21, 2023

                
Establishment of the Castner Range National 
                Monument

                By the President of the United States of America

                A Proclamation

                Each year, as winter gives way to spring, Mexican Gold 
                Poppies burst into bloom, transforming the undeveloped 
                desert plains and hills of Castner Range into a sea of 
                vibrant yellows, oranges, and reds framed by the rugged 
                mountains and azure blue sky. Visitors from across the 
                Nation come to witness this natural wonder, and 
                families from local communities gather to mark 
                quincea[ntilde]eras, weddings, and other special 
                occasions with this colorful tableau as backdrop. 
                Located on Fort Bliss near the heart of El Paso, Texas, 
                Castner Range--stretching from the heights of the 
                Franklin Mountains, eastward across canyons and 
                arroyos, and descending to lower elevation plains of 
                the Chihuahuan Desert--serves as a testament to the 
                modernization of the American military and the military 
                service members who trained there from 1926 to 1966. In 
                addition to containing evidence of Castner Range's 
                important historical role in our Nation's national 
                defense, Castner Range hosts significant archeological 
                sites documenting the history of the Tribal Nations 
                that inhabited the area since time immemorial, rare 
                plant and animal habitat, and unique geological 
                features. Once it is safe for public access following 
                remediation of military munitions and munitions 
                constituents, Castner Range will become a natural 
                classroom offering unique opportunities to experience, 
                explore, and learn from nature in a unique setting that 
                is close to a major urban center. Access to nature is 
                particularly important for underserved communities, 
                like those bordering Castner Range, that have 
                historically had less access to our public lands. 
                Castner Range will also provide opportunities for 
                important research on archeological sites, plant and 
                animal communities, and geological features in areas 
                that have been inaccessible for many decades.

                The Department of the Army acquired Castner Range in 
                the 1920s and 1930s, and with the establishment of an 
                Anti-Aircraft Training Center in 1940, Castner Range--
                and Fort Bliss more broadly--became the largest 
                overland air defense missile range and training center 
                in the world. In 1945, Fort Bliss became home to the 
                1st Anti-aircraft Guided Missile Battalion, the first 
                missile battalion in Army history. In 1948, the Army 
                established the 1st Guided Missile Regiment at Fort 
                Bliss, which later became the 1st Guided Missile 
                Brigade. This unique component trained at Castner Range 
                and provided skills to the Army as it transitioned into 
                the era of modern guided-missile warfare. In the 1960s, 
                a training area known as the ``Vietnam Village'' was 
                constructed and used for close combat exercises, but 
                military training on Castner Range largely ended in 
                1966. As a result of the cessation of military 
                activities, much of this rugged landscape has since 
                been reclaimed by nature.

                Archeologists have identified 41 archeological sites 
                within Castner Range despite access restrictions due to 
                remaining munitions in the area. Some of these sites 
                are culturally important to Tribal Nations and 
                Indigenous Peoples--including Apache and Pueblo peoples 
                and the Comanche Nation, Hopi Tribe, and Kiowa Indian 
                Tribe of Oklahoma--and provide evidence of Indigenous 
                Peoples' presence in the area from at least 6,000 B.C. 
                Three of those sites--the Fusselman Canyon Rock Art 
                District, the Northgate Site,

[[Page 18000]]

                and the Castner Range Archeological District--are 
                listed in the National Register of Historic Places.

                Within Castner Range, there is a site that contains 
                rock art from around 1350 A.D. depicting animal 
                footprints, geometric designs, a human handprint, and a 
                bird's head. Pottery and arrow shaft straighteners have 
                also been found in the area. Another site includes 
                several rock shelters, a shallow cave, bedrock mortars, 
                and rock art, which is visible on the overhangs and 
                undersides of fallen and stacked granitic boulders. 
                Similarities between the rock art in this area and rock 
                art found in Hueco Tanks State Park to the east and at 
                sites in Mexico provide evidence of interactions among 
                the ancient Indigenous Peoples in the region. Elsewhere 
                within Castner Range, evidence of occupation from 
                approximately 250 to 1500 A.D. includes burial sites, 
                roasting pits, a pit house, ceramics, and other 
                artifacts. Initial investigations in another area 
                within Castner Range have uncovered evidence of 
                occupation between 900 B.C. and 1400 A.D., including 
                rock art, fire pits, pottery, bedrock mortars, and 
                lithic scatters. Additional opportunities to study 
                these sites and potentially identify new sites will 
                become available as closed areas are opened to 
                researchers and Tribal Nations are consulted or 
                otherwise engaged in relevant approval processes, 
                providing new insights into the history of Indigenous 
                Peoples in the area.

                The area also contains the World War II-era Anti-
                Mechanized Target Firing Range, which was built by the 
                Army in 1940 and is eligible for listing in the 
                National Register of Historic Places due to its 
                significance to military history. This firing range was 
                used as a high-speed anti-tank weapons training course 
                to provide soldiers with essential training in 
                preparation for combat in World War II. Today the 
                foundations and other remnants stand as a physical 
                reminder of this pivotal moment in world history.

                Evidence of mining that occurred before the Army's 
                acquisition of Castner Range can be found at the El 
                Paso Tin Mine site, which is also eligible for listing 
                in the National Register of Historical Places and 
                contains the remains of a tin mine briefly in operation 
                at the turn of the 20th Century. As World War II drove 
                a surge in the demand for tin, the mine reopened 
                briefly in 1942, but the lack of abundant tin caused 
                the mine to close again shortly thereafter.

                Although completely contained within the city limits of 
                El Paso, Castner Range is undeveloped due to its 
                history of military use and, following the cessation of 
                live fire exercises more than half a century ago, 
                Castner Range has reverted to a state that is 
                representative of the natural Chihuahuan ecosystem of 
                the region. Indian Springs, Cottonwood Springs, Mundy 
                Springs, and Whispering Springs provide sources of 
                water and rare habitat for wildlife in this harsh 
                desert ecosystem. The area also provides habitat for a 
                large and diverse array of Chihuahuan Desert plants, 
                birds, and mammals. The United States Fish and Wildlife 
                Service has indicated that habitat is likely to exist 
                for the American peregrine falcon, Mountain plover, 
                Golden eagle, Texas horned lizard, black-tailed prairie 
                dog, Baird's sparrow, Western burrowing owl, Franklin 
                Mountains talussnail, Alamo beard tongue, Sand prickly 
                pear, Desert night-blooming cereus, and the endangered 
                Sneed pincushion cactus. Golden eagles and Western 
                burrowing owls, for example, have been observed at 
                Castner Range.

                Castner Range also contains undeveloped geological 
                resources. The Franklin Mountains and various landslide 
                blocks along the eastern front of the mountains define 
                the topography of the highest elevations of Castner 
                Range. Over time, erosional events exposing the Red 
                Bluff Granite followed by the deposition of the Bliss 
                Sandstone have resulted in a geologic feature known as 
                an unconformity. The Castner Limestone formation of the 
                mid-elevation foothills is the oldest rock in the El 
                Paso area and contains abundant, well-preserved, and 
                ancient Precambrian fossilized algae. Two specimens 
                were closely examined in 1958 and were identified as 
                Oollenia frequens. It is expected that future research 
                will identify other specimens once access becomes 
                possible. On the desert floor of the lower elevations

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                and emanating from Fusselman Canyon and similar 
                mountain canyons, Castner Range contains the Franklin 
                Mountains' only remaining undeveloped alluvial fans--
                broad, sloping triangular areas created when rapidly 
                moving water descending through canyons emerges onto 
                the desert floor and deposits eroded material.

                WHEREAS, section 320301 of title 54, United States Code 
                (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; and

                WHEREAS, I find that Castner Range contains significant 
                archeological and paleontological resources, rare and 
                fragile biological and ecological resources, and unique 
                geological features that are of scientific interest; 
                and

                WHEREAS, I find that Castner Range contains sites of 
                cultural significance to Tribal Nations and Indigenous 
                Peoples; and

                WHEREAS, I find that Castner Range is an important part 
                of the history of Native Americans and the United 
                States military; and

                WHEREAS, I find it is in the public interest to 
                preserve and protect the objects of scientific and 
                historic interest located within Castner Range; and

                WHEREAS, I find that each of the objects identified 
                above, and those of the same sort that may not be 
                expressly identified in this proclamation, are objects 
                of historic or scientific interest in need of 
                protection under 54 U.S.C. 320301; and

                WHEREAS, I find that there are threats to the objects 
                identified in this proclamation and that a national 
                monument reservation is necessary to protect the land 
                along with its objects of historic and scientific 
                interest within Castner Range for current and future 
                generations; and

                WHEREAS, I find that the boundaries of the monument 
                reserved by this proclamation represent the smallest 
                area compatible with the proper care and management of 
                the objects of scientific or historic interest to be 
                protected by the Antiquities Act;

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by section 320301 of title 54, 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 Castner 
                Range National Monument (monument) and, for the purpose 
                of protecting those objects, reserve as 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 hereto and 
                forms a part of this proclamation. These reserved 
                Federal lands and interests in lands encompass 
                approximately 6,672 acres.

                All Federal lands and interests in lands within the 
                boundaries of the monument are hereby appropriated and 
                withdrawn from all forms of entry, location, selection, 
                sale, or other disposition under the public land laws 
                or laws applicable to the Department of the Army, 
                including withdrawal from location, entry, and patent 
                under the mining laws; from disposition under all laws 
                relating to mineral, solar, and geothermal leasing; and 
                from conveyance under section 2844 of the National 
                Defense Authorization Act (NDAA) for Fiscal Year 2013.

                The Secretary of the Army (Secretary) shall manage the 
                monument pursuant to applicable legal authorities, 
                including section 2846 of the NDAA for Fiscal Year 
                2018, and in accordance with the terms, conditions, and 
                management direction provided by this proclamation. The 
                Secretary shall prepare, in consultation with the 
                Secretary of the Interior, a management plan for

[[Page 18002]]

                the monument, which shall include access for outdoor 
                recreational opportunities as well as historic and 
                scientific research at a time and in a manner 
                determined by the Secretary (considering ongoing and 
                future remediation of hazardous substances or 
                munitions, any needed controls to ensure explosives 
                safety, and other limitations provided in law), 
                consistent with the proper care and management of the 
                objects identified above. The Secretary shall 
                promulgate such regulations for management of the 
                monument as the Secretary deems appropriate. The 
                Secretary shall provide for maximum public involvement 
                in the development of the management plan, including 
                consultation with federally recognized Tribal Nations, 
                State and local governments, and interested 
                stakeholders. The final decision over any management 
                plan and regulations rests with the Secretary.

                The Secretary shall expeditiously conduct military 
                munitions response actions at Castner Range in 
                accordance with the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980, as 
                amended (42 U.S.C. 9615 et seq.), and section 2846 of 
                the NDAA for Fiscal Year 2018, and shall conduct 
                response actions in a phased manner that allows for 
                public access to areas of the monument when and under 
                the conditions necessary to protect human health and 
                safety. Nothing in this proclamation shall affect the 
                responsibilities and authorities of the Department of 
                Defense under applicable environmental laws within the 
                monument boundaries. Nothing in this proclamation shall 
                affect the Secretary's ability to authorize access to 
                and remediation of contaminated lands within the 
                monument.

                The Secretary shall, to the maximum extent permitted by 
                law and in consultation with Tribal Nations, ensure the 
                protection of sacred sites and traditional cultural 
                properties and sites in the monument and provide access 
                to Tribal members for traditional cultural, spiritual 
                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). Such 
                uses shall include allowing collection of medicines, 
                berries and other vegetation, forest products, and 
                firewood for personal non-commercial use in a manner 
                consistent with the proper care and management of the 
                objects identified herein, and in consideration of the 
                presence of military munitions and munitions 
                constituents.

                In recognition of the importance of these lands and 
                objects to Tribal Nations, and to ensure that 
                management decisions affecting the monument reflect 
                Tribal expertise and Indigenous Knowledge, the 
                Secretary shall meaningfully engage with Tribal Nations 
                with cultural ties to the area to develop the 
                management plan and to inform subsequent management of 
                the monument.

                The establishment of this monument is subject to valid 
                existing rights, including valid water rights. 
                Consistent with the proper care and management of the 
                objects identified above, nothing in this proclamation 
                shall be construed to preclude the renewal or 
                assignment of, or interfere with the operation, 
                maintenance, replacement, modification, or upgrade of, 
                existing water infrastructure, including flood control, 
                pipeline, or other water management infrastructure; 
                State highway corridors rights-of-way; or existing 
                utility and telecommunications rights-of-way or 
                facilities within or adjacent to the boundaries of 
                existing authorizations within the monument.

                Nothing in this proclamation shall preclude low-level 
                overflights of military aircraft, flight testing or 
                evaluation, the designation of new units of special use 
                airspace, or the use or establishment of military 
                flight training routes or transportation over the lands 
                reserved by this proclamation.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the jurisdiction of the State of Texas with 
                respect to fish and wildlife management. Nothing in 
                this proclamation shall be deemed to enlarge or 
                diminish the rights or jurisdiction of any Tribal 
                Nation.

                Nothing in this proclamation shall be construed to 
                alter the authority or responsibility of any party with 
                respect to emergency response activities

[[Page 18003]]

                within the monument, including wildland fire response 
                or search and rescue operations.

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

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

                If any provision of this proclamation, including 
                application to a particular parcel of land, is held to 
                be invalid, the remainder of this proclamation and its 
                application to other parcels of land shall not be 
                affected thereby.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-first day of March, in the year of our Lord two 
                thousand twenty-three, and of the Independence of the 
                United States of America the two hundred and forty-
                seventh.
                
                
                    (Presidential Sig.)

Billing code 3395-F3-P



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[GRAPHIC] [TIFF OMITTED] TD27MR23.009


[FR Doc. 2023-06401
Filed 3-24-23; 8:45 a.m.]
Billing code 4310-10-C