[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9559 of December 28, 2016

Establishment of the Gold Butte National Monument

By the President of the United States of America

A Proclamation

In southeast Nevada lies a landscape of contrast and transition, where
dramatically chiseled red sandstone, twisting canyons, and tree-clad
mountains punctuate flat stretches of the Mojave Desert. This remote and
rugged desert landscape is known as Gold Butte.

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The Gold Butte area contains an extraordinary variety of diverse and
irreplaceable scientific, historic, and prehistoric resources, including
vital plant and wildlife habitat, significant geological formations,
rare fossils, important sites from the history of Native Americans, and
remnants of our Western mining and ranching heritage. The landscape
reveals a story of thousands of years of human interaction with this
harsh environment and provides a rare glimpse into the lives of Nevada's
first inhabitants, the rich and varied indigenous cultures that
followed, and the eventual arrival of Euro-American settlers. Canyons
and intricate rock formations are a stunning backdrop to the area's
famously beautiful rock art, and the desert provides critical habitat
for the threatened Mojave desert tortoise.
Gold Butte's dynamic environment has provided food and shelter to humans
for at least 12,000 years. Remnants of massive agave roasting pits,
charred remains of goosefoot and pinyon pine nuts, bone fragments, and
projectile points used to hunt big horn sheep and smaller game serve as
evidence of the remarkable abilities of indigenous communities to eke
out sustenance from this unforgiving landscape. Visitors to Gold Butte
can still see ancient rock shelters and hearth remnants concealed in the
area's dramatic Aztec Sandstone formations. This brightly hued sandstone
is the canvas for the area's spectacular array of rock art, depicting
human figures, animals, and swirling abstract designs at locations like
the famed Falling Man petroglyph site and Kohta Circus. Pottery sherds
and other archaeological artifacts scattered throughout the landscape
reveal the area's role as a corridor for the interregional trade of
pottery, salt, and rare minerals. These world-renowned archaeological
sites and objects are helping scientists to better understand
interactions between ancient cultural groups.
By the time Spanish explorers arrived in the region in the late
eighteenth century, the Gold Butte area was home to the Southern Paiute
people, who to this day, retain a spiritual and cultural connection with
the land and use it for traditional purposes such as ceremonies and
plant harvesting. Hunters and settlers of European descent followed the
explorers, and, by 1865, Mormon pioneers had built settlements in the
region.
These newcomers grazed livestock and explored Gold Butte's unique
geology in pursuit of mining riches. Their activities left behind
historic sites and objects that tell the story of the American West,
including the Gold Butte townsite, a mining boomtown established in the
early 1900s, but mostly abandoned by 1910. Several building foundations
and arrastas--large flat rocks used for crushing ore--remain at the
townsite today. Settlers built corrals out of wood or stone, some of
which are still standing in the Gold Butte area, including one near the
Gold Butte townsite and one at Horse Springs, along the Gold Butte
Scenic Byway. In the 1930s, the Civilian Conservation Corps was put to
work in the area, leaving behind a variety of historic features
including a dam and remnants of a camp in the Whitney Pockets area, in
the northeastern region of Gold Butte.
The Gold Butte landscape that visitors experience today is the product
of millions of years of heat and pressure as well as the eroding forces
of water and wind that molded this vast and surreal desert terrain.
Rising up from the Virgin River to an elevation of almost 8,000 feet,
the Virgin Mountains delineate the area's northeast corner and provide a
stunning backdrop for the rugged gray and red desert of the lower ele

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vations. Faulted carbonate and silicate rock form the ridges and peaks
of this range, which are regularly snow-covered in winter and spring,
while the southern region of Gold Butte is laced with a series of wide
granitic ridges and narrow canyons. These broad landscape features are
dotted with fantastical geologic formations, including vividly hued
Aztec Sandstone twisted into otherworldly shapes by wind and water, as
well as pale, desolate granitic domes. An actively-expanding 1,200
square-meter sinkhole known as the Devil's Throat has been the subject
of multiple scientific studies that have enhanced our understanding of
sinkhole formation.
The Gold Butte landscape is a mosaic of braided and shallow washes that
flow into the Virgin River to the north and directly into Lake Mead on
the south and west. Several natural springs provide important water
sources for the plants and animals living here. The arid eastern Mojave
Desert landscape that dominates the area is characterized by the
creosote bush and white bursage vegetative community that covers large,
open expanses scattered with low shrubs. Blackbrush scrub, a slow-
growing species that can live up to 400 years, is abundant in middle
elevations. Both creosote-bursage and blackbrush scrub vegetation
communities can take decades or even centuries to recover from
disturbances due to the long-lived nature of the plant species in these
vegetative communities and the area's low rainfall. These vegetation
communities are impacted by human uses, invasive species, wildfires, and
changing climates. Gypsum deposits are a distinctive aspect of the
Mojave Desert ecosystem and result in soil that contains physical and
chemical properties that stress many plants, but also support endemic
and rare species. For example, the sticky ringstem, Las Vegas buckwheat,
and Las Vegas bearpoppy are unique plants that rely on gypsum soil; the
populations in Gold Butte are some of only a handful of isolated
populations of these species left in the world. Other rare plants in
Gold Butte include the threecorner milkvetch and sticky wild buckwheat,
which are sand-dependent species, as well as the Rosy two-tone
beardtongue and the Mokiak milkvetch. Scattered stands of Joshua trees,
an emblem of the Mojave Desert, dot the landscape along with Mojave
yucca, cacti species, and chaparral species, among others.
The often snowcapped peaks of the Virgin Mountains in the northeastern
corner of Gold Butte stand in stark contrast to the desolate desert
landscapes found elsewhere in the area. Due to their elevation of almost
8,000 feet, these mountains exhibit a transition between ecosystems in
the southwest. At the highest points of the Virgin Mountains, visitors
can hike through Ponderosa pine and white fir forests, and visit the
southernmost stand of Douglas fir in Nevada. In this area, visitors are
also treated to a rare sight: the Silver State's only stand of the
Arizona cypress. The lower to middle elevations of the area are home to
stands of pinyon pine, Utah juniper, sagebrush, and acacia woodlands,
along with occasional mesquite stands. By adding structural complexity
to a shrub-dominated landscape, these woodlands provide important
breeding, foraging, and resting places for a variety of creatures,
including birds and insects, and support a number of plant species.
Gold Butte also provides habitat for a number of wildlife species. It
has been designated as critical habitat for the Mojave desert tortoise,
which is listed as threatened under the Endangered Species Act. These
slow-footed symbols of the American Southwest rely on the creosote-
bursage

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ecosystem that is widespread here. A generally reclusive reptile, the
Mojave desert tortoise uses the protective cover of underground burrows
to escape extreme desert conditions and as shelter from predators.
Other amphibians and reptiles also make their homes in Gold Butte. For
example, once considered extinct and now a candidate species for listing
under the Endangered Species Act, the relict leopard frog has been
released into spring sites in the area in a collaborative effort by
local, State, and Federal entities to help revive this still very small
population. The banded Gila monster, the only venomous lizard in the
United States, has also been recorded in Gold Butte. Many other reptile
species--including the banded gecko, California kingsnake, desert
iguana, desert night lizard, glossy snake, Great Basin collared lizard,
Mojave green rattlesnake, sidewinder, Sonoran lyre snake, southern
desert horned lizard, speckled rattlesnake, western leaf-nosed snake,
western long-nosed snake, and western red-tailed skink--also have
populations or potential habitats in the area.
The Gold Butte area serves as an effective corridor between Lake Mead
and the Virgin Mountains for large mammals, including desert bighorn
sheep and mountain lions. Smaller mammals in Gold Butte include white-
tailed antelope squirrel, desert kangaroo rat, and the desert pocket
mouse. Several species of bat, including the Pallid bat, Allen's big-
eared bat, western pipistrelle bat, and the Brazilian free-tailed bat,
are also found here, as well as the northern Mojave blue butterfly.
Bald and golden eagles, red-tailed and Cooper's hawks, peregrine
falcons, and white-throated swifts soar above Gold Butte. Closer to the
ground, one can spot a variety of birds, including the western burrowing
owl, common poorwill, Costa's hummingbird, pinyon jay, Bendire's
thrasher, Virginia's warbler, Lucy's warbler, black-chinned sparrow, and
gray vireo. Migratory birds, including the Calliope hummingbird, gray
flycatcher, sage sparrow, lesser nighthawk, ash-throated flycatcher, and
the Brewer's sparrow, also make stop-overs in the area. These birds, and
a variety of other avian species, use the diversity of habitats in the
area to meet many of their seasonal, migratory, or year-round life cycle
needs.
In addition to providing homes to modern species of plants and wildlife,
the area shows great potential for continued paleontological research,
with resources such as recently discovered dinosaur tracks dating back
to the Jurassic Period. These fossil trackways were found in Gold
Butte's distinctive Aztec Sandstone and also include prints from
squirrel-sized reptilian ancestors of mammals.
The protection of the Gold Butte area will preserve its cultural,
prehistoric, and historic legacy and maintain its diverse array of
natural and scientific resources, ensuring that the historic and
scientific values of this area, and its many objects of historic and of
scientific interest, remain for the benefit of all Americans.
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 in all cases shall be
confined to

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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 the objects of
scientific and historic interest on the Gold Butte lands;
NOW, THEREFORE, I, BARACK OBAMA, 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 Gold Butte 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 to and forms a part of this proclamation. These
reserved Federal lands and interests in lands encompass approximately
296,937 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 of the
monument 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,
including valid existing water rights. If the Federal Government
subsequently 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.
The Secretary of the Interior (Secretary) shall manage the monument
pursuant to applicable legal authorities, which may include the
provisions of section 603 of the Federal Land Policy and Management Act
(43 U.S.C. 1782) governing the management of wilderness study areas, to
protect the objects identified above. Of the approximately 296,937 acres
of Federal lands and interests in lands reserved by this proclamation,
approximately 285,158 acres are currently managed by the Secretary
through the Bureau of Land Management (BLM) and approximately 11,779 are
currently managed by the Secretary through the Bureau of Reclamation
(BOR). After issuance of this proclamation, the Secretary shall,
consistent with applicable legal authorities, transfer administrative
jurisdiction of the BOR lands within the boundaries of the monument to
the BLM. The Secretary, through the BLM, shall manage lands within the
monument that are subject to the administrative jurisdiction of the BLM
as a unit of the National Landscape Conservation System.
For purposes of protecting and restoring the objects identified above,
the Secretary, through the BLM, shall prepare and maintain a management
plan for the monument and shall provide for maximum public involvement
in the development of that plan including, but not limited to,
consultation with State, tribal, and local governments.

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The Secretary shall establish an advisory committee under the Federal
Advisory Committee Act, 5 U.S.C. App., to provide information and advice
regarding development of the land use plan and management of the
monument.
Except for emergency or authorized administrative purposes, motorized
vehicle use in the monument shall be permitted only on roads designated
as open to such use as of the date of this proclamation, unless the
Secretary decides to reroute roads for public safety purposes or to
enhance protection of the objects identified above. Non-motorized
mechanized vehicle use shall be permitted only on roads and trails,
consistent with the care and management of the objects identified above.
Consistent with the 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 within the physical authorization
boundary of existing flood control, pipeline, and telecommunications
facilities, or other water infrastructure, including wildlife water
catchments or water district facilities, that are located within the
monument. Except as necessary for the care and management of the objects
identified above, no new rights-of-way shall be authorized within the
monument.
Nothing in this proclamation shall be deemed to enlarge or diminish the
rights or jurisdiction of any Indian tribe. The Secretary shall, to the
maximum extent permitted by law and in consultation with Indian tribes,
ensure the protection of Indian sacred sites and traditional cultural
properties in the monument and provide for access 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).
Livestock grazing has not been permitted in the monument area since 1998
and the Secretary shall not issue any new grazing permits or leases on
lands within the monument.
Nothing in this proclamation shall be deemed to enlarge or diminish the
jurisdiction of the State of Nevada, including its jurisdiction and
authority with respect to fish and wildlife management, including
hunting and fishing.
Nothing in this proclamation shall be construed to preclude the
traditional tribal collection of seeds, natural materials, salt, or
materials for stone tools in the monument for personal noncommercial use
consistent with the care and management of the objects identified above.
Nothing in this proclamation shall 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 identified above. Nothing in this proclamation
shall preclude air or ground access to existing or new electronic
tracking communications sites associated with the special use airspace
and military training routes, consistent with the care and management of
such objects.

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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 the monument and not to locate
or settle upon any of the lands thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of December, in the year of our Lord two thousand sixteen, and of the
Independence of the United States of America the two hundred and forty-
first.
BARACK OBAMA

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