Section 1 Short title
This Act may be cited as the “Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion Act of 2023”.
Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion Act of 2023
A BILL
To provide for the protection of natural and cultural resources, Tribal collaborative management, sustainable economic development, enhanced recreation, and equitable access on Federal lands in eastern Imperial and Riverside counties, California, and for other purposes.
Sec. 2 Chuckwalla National Monument Tribal Commission
Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a commission, to be known as the “Chuckwalla National Monument Tribal Commission”.
Membership—
Makeup— The Commission shall include a representative from each culturally affiliated Tribe.
Process— The Secretary shall conduct government-to-government consultation with each culturally affiliated tribe to determine the membership of the Commission.
Duties—
Duties of the commission— The Commission shall inform and provide input to the development and implementation of the management plan alongside federal agencies.
Duties of the secretary— The Secretary shall—
ensure the Commission is equitably involved in the development and implementation of the management plan and the subsequent management of the Monument;
incorporate into the management plan—
the traditional and historical knowledge and special expertise of the Commission; and
public education and interpretation for traditional place names and the cultural significance of lands within the Monument, as the Secretary and the Commission determine to be appropriate; and
address funding, capacity building, infrastructure for Tribes.
Procedures— The Commission shall establish such rules and procedures for the Commission as the Commission determines to be necessary or desirable.
Sec. 3 Chuckwalla National Monument Advisory Committee
Establishment— Not less than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the “Chuckwalla National Monument Advisory Council”.
Duties— The advisory council shall advise the Secretary with respect to the preparation of the management plan for the Monument.
Applicable law— The advisory council shall be subject to—
the Federal Advisory Committee Act (5 U.S.C. App.);
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
all other applicable law.
Members— The advisory council shall include 19 members, to be appointed by the Secretary, of whom, to the extent practicable—
one member shall be appointed after considering the recommendations of the Riverside County Board of Supervisors;
one member shall be appointed after considering the recommendations of the Imperial County Board of Supervisors;
one member shall be appointed after considering the recommendations of the Secretary of the California Natural Resources Agency; and
nine members shall reside in, or within reasonable proximity to, Riverside or Imperial counties with backgrounds that reflect—
the purposes specified in section 4(b); and
the interest of persons affected by the planning and management of the National Monument, including persons representing private land-ownership, non-governmental organizations managing lands for conservation purposes, and environmental, recreational, tourism, or other non-Federal land interests.
Representation— The Secretary shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council.
Terms—
Staggered terms— Members of the advisory council shall be appointed for terms of three years, except that, of the members first appointed, five of the members shall be appointed for a term of one year and five of the members shall be appointed for a term of two years.
Reappointment— A member may be reappointed to serve on the advisory council upon the expiration of the member’s current term.
Vacancy— A vacancy on the advisory council shall be filled in the same manner as the original appointment.
Quorum— A quorum shall be eight members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.
Chairperson and procedures— The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable.
Service without compensation— Members of the advisory council shall serve without pay.
Termination— The advisory committee shall cease to exist on the date that the management plan is officially adopted by the Secretary unless the Secretary determines to extend the advisory committee.
Sec. 4 Expansion of Joshua Tree National Park
Section 402 of the California Desert Protection Act of 1994 (Public Law 103–433) is amended by inserting “and the approximately 20,005 acres on the map entitled “Proposed Chuckwalla National Monunment” and dated September 20, 2023,” after “October 1991 or prior,”.
Sec. 5 Definitions
In this Act:
Secretary— The term Secretary means the Secretary of the Interior.
State— The term State means the State of California.
Indian tribe— The term Indian tribe means the governing body of any Indian tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
Management plan— The term management plan means the management plan prepared under section 4(c)(10).
Map— The term Map means the map titled “Proposed Chuckwalla National Monument” and dated September 20, 2023.
Monument— The term Monument means the Chuckwalla National Monument established by section 4(a).
Commission— The term commission means the Chuckwalla National Monument Tribal Commission established by section 6(a).
Advisory council— The term advisory council means the Chuckwalla National Monument Advisory Council established by section 7(a).
Desert renewable energy conservation plan— The term desert renewable energy conservation plan means the Record of Decision for the Desert Renewable Energy Conservation Plan Land Use Plan Amendment to the California Desert Conservation Plan, Bishop Resource Management Plan, and Bakersfield Resource Management Plan by the Bureau of Land Management, dated September 2016, as amended.
Sec. 6 Findings
Congress finds that the lands designated as the Chuckwalla National Monument—
are the ancestral homelands of numerous Tribes including the Iviatim, Kwatsáan, Maara’yam, Nüwü, and Pipa Aha Macav peoples, which include today’s Cahuilla, Chemehuevi, Mojave, Quechan, and Serrano nations and—
continue to be regularly accessed and utilized by these same Tribes today;
will continue to be used by the Tribes in the future;
contain a complex trail system established by Native Americans for various uses including spiritual travel, trade, communication, and which connects to regions outside of the Monument boundaries, including Avi Kwa Ame;
include sacred sites, historic properties, traditional cultural places and cultural landscapes, sacred items, objects of cultural patrimony, human remains, religious sites, geoglyphs, petroglyphs, and pictographs with significant value to the survival and well-being of Tribal people and their knowledge systems;
plants, wildlife, water sources, and minerals which are connected together as part of a greater cultural landscape; and
the associated Indian Tribes have a longstanding relationship to the area, acting as its stewards since time immemorial, with obligations to care for the cultural, spiritual, and natural resources provided to them by the land including sacred places, plants, wildlife, water sources, and minerals;
have nationally significant biodiversity, given that they are located in the transitional zone where the Sonoran and Mojave Deserts come together;
are home to a wide variety of topography and elevation, leading to distinct microclimates and ecosystems;
are largely intact, undeveloped, and adjacent to other federally protected areas such as Joshua Tree National Park, Indian Pass Wilderness, and the Palen/McCoy Wilderness;
are a refuge for over 150 plant species, many found nowhere else, including—
Munz’s cholla, California’s largest endemic cacti, located on the Chuckwalla Bench;
California fan palm, a plant managed and used extensively by Tribal people for thousands of years found in oases at Corn Springs, Mecca Hills Wilderness, and elsewhere where tectonic movements allow groundwater to seep up; and
the triple-ribbed milk-vetch, listed as endangered under the Endangered Species Act, as well as other sensitive species including Emory’s crucifixion thorn and Mecca-aster;
host some of the most extensive microphyll woodlands (small-leaf trees like ironwood and palo verde) in California in places like Milpitas Wash, a habitat critical to the survival of Tribal people, as well as many species including the burro deer and migrating birds;
offer core habitat and essential migration pathways for wildlife, including over 50 sensitive animal species, including—
critical habitat for the Agassiz’s desert tortoise, which is listed as threatened under the Endangered Species Act;
critical habitat for the desert bighorn sheep, an iconic species with declining numbers;
habitat in microphyll woodlands for large numbers of resident and migratory birds, which is crucial amid the otherwise major declines in bird numbers recorded in North America over the last 50 years; and
former habitat for the endangered Sonoran pronghorn in the Chuckwalla Bench, the site of a multi-year reintroduction effort that is already underway;
offer important glimpses into key periods in regional history, such as—
the gold seekers who used an existing Indigenous route to establish what is now the Bradshaw Trail in the 1870s; and
the invaluable training of more than one million soldiers from across the United States when these lands were part of the California-Arizona Maneuver Area from 1942–1944;
provide outstanding outdoor recreation opportunities to local communities and visitors alike, including hiking, horseback riding, motorized vehicle use and mountain biking on designated routes of travel, wildlife viewing, hunting, climbing, rockhounding, picnicking, and camping; and
offer inexpensive access to public lands for disadvantaged communities, including the farming and farm laboring communities of the eastern Coachella Valley and Blythe regions.
Sec. 7 Designation of chuckwalla national monument
Establishment— Subject to valid existing rights, there is established the Chuckwalla National Monument in the State, consisting of approximately 661,000 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the Map.
Purposes— The purpose of the Monument is 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
provide for collaborative management with culturally affiliated Tribes of Monument resources.
Management—
In general— The Secretary shall manage the Monument—
in a manner that conserves, protects, and enhances the resources of the Monument;
in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations);
in collaboration with culturally affiliated Tribes; and
as a component of the National Landscape Conservation System.
Uses— The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes described in subsection (b).
Native american access and use—
Access— The Secretary shall ensure access to the Monument by members of an Indian tribe for traditional cultural purposes and activities.
Use— In implementing this paragraph, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of the Monument in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. The access and use provided under this paragraph shall be consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act.
Recreation— The Secretary shall continue to authorize, maintain, and enhance recreation in the Monument, including, but not limited to, camping, hiking, backpacking, sightseeing, nature study, horseback riding, hunting, hang gliding, climbing, mountain biking and motorized recreation on authorized routes, and the noncommercial collecting of rocks, minerals, and semi-precious gemstones, so long as such recreational use is consistent with the purposes specified in section 4(b), this section, other applicable law (including regulations), applicable management plans, and input from the Commission regarding potential impacts to culturally sensitive sites and resources.
Motorized vehicles—
In general— Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the Monument shall be permitted only on routes designated by the management plan for the use of motorized vehicles.
Interim management—
Except as provided in clauses (ii) and (iii), until the completion of the management plan, the use of motorized vehicles in the Monument shall be permitted only on the routes displayed on the map entitled “Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion”.
Nothing in clause (i) prevents the Secretary from closing roads, trails, or areas to motorized vehicles to protect natural or cultural resources, or for public safety.
Grazing— The Secretary shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).
Existing easements and rights-of-way— Nothing in this Act shall be construed to preclude the renewal or assignment of, or interfere with the operation, maintenance, replacement, modification, upgrade, or access to, existing flood control, utility, pipeline, and telecommunications facilities; roads or highway corridors; seismic monitoring facilities; or other water infrastructure, including wildlife water developments or water district facilities, within or adjacent to an existing authorization boundary. Existing flood control, utility, pipeline, telecommunications, and seismic monitoring facilities, and other water infrastructure, including wildlife water developments or water district facilities, may be expanded, and new facilities of such kind may be constructed, to the extent consistent with the proper care and management of the objects identified above and subject to the Secretary’s authorities and other applicable law.
Acquisition of valid existing rights— The Secretary is authorized to acquire through exchange, donation, or purchase from a willing seller, mining claims or other valid existing rights within the monument that the Secretary determines, after consultation with the Commission or a culturally affiliated Tribe, threatens cultural resources within the monument.
Withdrawal— Subject to valid existing rights, all Federal land located in the Monument is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patenting under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Adjacent management—
In general— The designation of this Monument shall not create any protective perimeter or buffer zone.
Activities outside the monument— The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not of itself preclude the activity or use outside the boundary of the Monument.
Military activities— Nothing in this Act precludes—
low-level overflights of military aircraft over the Monument;
the designation of new units of special airspace over the Monument;
the use or establishment of military flight training routes over the Monument; or
the use of Federal lands within the Monument for off-road or off-trail training pursuant to agreements between the Secretary and the Department of Defense.
Treaty rights— Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including off-reservation reserved rights.
Jurisdiction over fish and wildlife—
In general— Nothing in this section diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of fishing and hunting within the Monument.
Limitations—
Regulations— The Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the monument.
Consultation— Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the monument to hunting, fishing, or trapping.
Wildlife water development projects— In accordance with applicable law (including regulations), the Secretary may authorize structures and facilities, including maintenance of existing structures and facilities, for wildlife water development projects, including guzzlers, in the Monument designated by this Act if—
the structures and facilities are necessary to fulfill the purposes of the monument described in subsection (b);
the structures and facilities will, as determined by the Secretary, promote healthy, viable, and more naturally distributed wildlife populations; and
the visual impacts of the structures and facilities on the Monument can reasonably be minimized.
Map; legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate a map and legal description of the Monument.
Corrections— The map and legal description submitted under paragraph (1) 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.
Conflict between map and legal description— In the case of a conflict between the map and the legal description, the map shall control.
Availability of map and legal description— Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
New rights-of-way— Nothing in this Act prevents the Secretary from approving new rights-of-way within the monument that the Secretary determines, in consultation with applicable State and local agencies and Tribes, are consistent with—
this Act;
applicable laws (including regulations);
the Desert Renewable Energy Conservation Plan;
the purposes of the Monument described in section 4(b); and
the management plan.
Management plan—
In general— Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Monument.
Tribal consultation— The Secretary shall consult with culturally affiliated Indian Tribes in—
the development of the management plan; and
making management decisions relating to the National Monument.
Other consultation— In developing the management plan, the Secretary shall also consult with—
appropriate State and local governmental entities;
the advisory council; and
members of the public.
Requirements— The management plan shall—
assess opportunities to improve recreational opportunities within, and access to, the Monument in a manner that conserves, protects, and enhances Monument resources and furthers the purposes described in subsection (b);
incorporate traditional ecological knowledge; and
identify opportunities to interpret Monument resources for members of the public.
Incorporation of plans— In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of an applicable land and resource management plan.
Effect— If there is a conflict between this section and the Desert Renewable Energy Conservation Plan, the more restrictive provision shall control.
Wildfire— In accordance with this Act and applicable law (including regulations), the Secretary may take any measures within the monument that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.
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 shall—
become part of the Monument;
be withdrawn in accordance with paragraph (13); and
be managed in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law (including regulations).