Castner Range National Monument Act

I 117TH CONGRESS 1ST SESSION H. R. 2752 To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2021 Ms. ESCOBAR introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Castner Range National Monument Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2752 IH Sec. 3. Establishment of Castner Range National Monument, Texas. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands within the National Monument. Sec. 6. Water. Sec. 7. Border security. Sec. 8. Department of Army responsibility and authority. Sec. 9. Castner Range National Monument Advisory Council. Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADVISORY COUNCIL.—The term ‘‘advisory 3 council’’ means the Castner Range National Monu- 4 ment Advisory Council. 5 (2) NATIONAL MONUMENT.—The term ‘‘Na- 6 tional Monument’’ means the Castner Range Na- 7 tional Monument. 8 (3) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior. 10 (4) STATE.—The term ‘‘State’’ means the State 11 of Texas. 12 SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL 13 MONUMENT, TEXAS. 14 (a) ESTABLISHMENT.—Subject to valid existing 15 rights, there is hereby established the Castner Range Na- 16 tional Monument in the State. 17 (b) AREA INCLUDED.—The National Monument con- 18 sists of Federal land and interests in Federal land within 19 El Paso County, Texas, generally depicted as ‘‘Proposed 20 Castner Range National Monument’’ on the map entitled 21 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2752 IH ‘‘Proposed Castner Range National Monument’’ and dated 1 April 19, 2021. 2 (c) EXCLUSION OF NON-FEDERAL LAND.—The Na- 3 tional Monument shall include only Federal land and in- 4 terests in Federal land and shall not include or apply to 5 private property or other non-Federal land and interests 6 in land within the exterior boundaries of the National 7 Monument. 8 (d) PURPOSE.—The purpose of the National Monu- 9 ment is to conserve, protect, and enhance for the benefit 10 and enjoyment of present and future generations the eco- 11 logical, scenic, wildlife, recreational, cultural, historical, 12 natural, educational, and scientific resources of the lands 13 included in the National Monument, including Castner 14 Range and its— 15 (1) relationship to the Department of the Army; 16 (2) role as a water conservation sanctuary 17 through a dozen natural canyons, arroyos (also 18 known as gullies or washes) and alluvial fans which 19 efficiently transport run-off from the heights 20 through seepage into the large underground Hueco 21 Bolso´n aquifer, which along with the West Side 22 Mesilla Bolso´n supplies much of El Paso’s water; 23 (3) historical significance, as it contains numer- 24 ous archaeological and historical resources that date 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2752 IH as far back as the Paleo-Indian, Archaic and historic 1 Indian groups, lasted from about 8000 B.C. to 4000 2 B.C. and was initially characterized by big-game 3 hunting; 4 (4) significance as a habitat for an extremely 5 diverse aggregation of wildlife and plant species of 6 special concern that are thought to inhabit Castner 7 Range, including the sand prickly pear, the Texas 8 lyre snake, and the western burrowing owl; and 9 (5) significance as a one-of-a-kind vegetation 10 region that includes a mountainous area, cactus 11 lechuguilla region, and draw-yucca grassland region. 12 SEC. 4. ACCESS AND BUFFER ZONES. 13 (a) ACCESS.—The Secretary shall continue to provide 14 historical and adequate access to private inholdings within 15 the exterior boundaries of the National Monument. 16 (b) BUFFER ZONES.—Nothing in this Act creates a 17 protective perimeter or buffer zone around the National 18 Monument. The fact that any activities or uses outside 19 of areas designated by this Act can be seen or heard within 20 the National Monument shall not preclude the activities 21 or uses outside of the National Monument. 22 (c) USE OF EASEMENTS.—Nothing in this Act shall 23 affect easements located within the National Monument 24 on the date of the enactment of this Act, including the 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2752 IH use of Trans Mountain Highway, the National Border Pa- 1 trol Museum, El Paso Museum of Archaeology, and the 2 El Paso Water Utilities. 3 SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA- 4 TIONAL MONUMENT. 5 (a) BASIS OF MANAGEMENT.— 6 (1) APPLICABLE LAWS.—The Secretary shall 7 manage the National Monument in a manner that 8 conserves, protects, and enhances the natural re- 9 sources and values of the National Monument, in ac- 10 cordance with— 11 (A) this Act; 12 (B) the Federal Land Policy and Manage- 13 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 14 (C) the Act of June 17, 1902 (commonly 15 known as the Reclamation Act of 1902; 32 16 Stat. 388), and Acts amendatory thereof and 17 supplemental thereto. 18 (2) RESOLUTION OF CONFLICTS.—If there is a 19 conflict between a provision of this Act and a provi- 20 sion of one of the other laws specified in paragraph 21 (1), the more restrictive provision shall control. 22 (b) TRIBAL CULTURAL USES.—Nothing in this Act 23 shall be construed to enlarge or diminish the rights of any 24 Indian Tribe. 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2752 IH (c) MANAGEMENT PLAN.— 1 (1) IN GENERAL.—The Secretary shall develop 2 a comprehensive plan for the protection and man- 3 agement of the National Monument that fulfills the 4 purposes specified in section 3. In implementing the 5 management plan and in considering any rec- 6 ommendations from the advisory council, the Sec- 7 retary shall consult with the advisory council on a 8 regular basis. 9 (2) PURPOSES.—The management plan shall— 10 (A) describe the appropriate uses and 11 management of the National Monument; 12 (B) identify short-term and long-term 13 management actions and prioritize management 14 actions based on projected availability of re- 15 sources; 16 (C) include a habitat restoration opportu- 17 nities component; 18 (D) include a recreational opportunity en- 19 hancement component; and 20 (E) include a component that addresses 21 the Secretary of Army’s remediation of haz- 22 ardous substances or munitions and explosives 23 of concern within the National Monument. 24 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2752 IH (3) PUBLIC PARTICIPATION AND SPECIAL CON- 1 SIDERATIONS.—In developing the management plan, 2 and to the extent consistent with this section, the 3 Secretary— 4 (A) shall solicit extensive public input; 5 (B) shall take into consideration any infor- 6 mation developed in studies of the land within 7 the National Monument; 8 (C) shall assess available climate change 9 information pertinent to the National Monu- 10 ment; 11 (D) shall include standards and practices 12 to ensure the preservation of wildlife corridors 13 and facilitate species migration; and 14 (E) may incorporate any provision from a 15 resource management plan, land and resource 16 management plan, or any other plan applicable 17 to the National Monument. 18 (d) COOPERATIVE AGREEMENTS.—In carrying out 19 this Act, the Secretary may make grants to, or enter into 20 cooperative agreements with, State, Tribal, and local gov- 21 ernmental entities and private entities to conduct re- 22 search, develop scientific analyses, and carry out any other 23 initiative relating to the restoration or conservation of the 24 National Monument. 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2752 IH (e) MOTORIZED AND MECHANIZED VEHICLES.—Ex- 1 cept where needed for administrative purposes or to re- 2 spond to an emergency, the use of motorized and mecha- 3 nized vehicles on lands within the National Monument 4 shall be allowed only on roads and trails designated for 5 their use. 6 (f) ACQUISITION AND INCORPORATION OF LANDS 7 AND INTERESTS.— 8 (1) AUTHORITY.—The Secretary may acquire 9 non-Federal land and interests in land within the ex- 10 terior boundaries of the National Monument only 11 through exchange, donation, or purchase from a will- 12 ing seller. 13 (2) MANAGEMENT.—Any land or interest in 14 land that is located within the National Monument 15 that is acquired by the United States shall— 16 (A) become part of the National Monu- 17 ment; and 18 (B) be managed in accordance with this 19 Act. 20 (g) WITHDRAWAL.—Subject to valid existing rights, 21 all Federal land within the National Monument is with- 22 drawn from— 23 (1) entry, appropriation, or disposal under the 24 public land laws; 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2752 IH (2) location, entry, and patent under the mining 1 laws; and 2 (3) leasing or disposition under all laws relating 3 to operation of the mineral leasing, mineral mate- 4 rials, and geothermal leasing laws. 5 (h) LIMITED CONVEYANCE AUTHORITY.—The Sec- 6 retary may authorize the conveyance of Federal land with- 7 in the National Monument if— 8 (1) the purpose for which the land is to be con- 9 veyed is consistent with the purposes specified in 10 section 3; 11 (2) the conveyance would benefit the National 12 Monument and is in the public interest, as deter- 13 mined by the Secretary; and 14 (3) the conveyance is made in accordance with 15 applicable laws (including regulations). 16 (i) WILDLAND FIRE OPERATIONS.—Nothing in this 17 section prohibits the Secretary, in cooperation with other 18 Federal, State, and local agencies, as appropriate, from 19 conducting wildland fire operations in the National Monu- 20 ment consistent with the purposes specified in section 3. 21 SEC. 6. WATER. 22 Nothing in this Act— 23 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2752 IH (1) affects the use or allocation, in existence on 1 the date of enactment of this Act, of any water, 2 water right, or interest in water; 3 (2) affects any vested absolute or decreed condi- 4 tional water right in existence on the date of enact- 5 ment of this Act, including any water right held by 6 the United States; 7 (3) affects any interstate water compact in ex- 8 istence on the date of the enactment of this Act; 9 (4) authorizes or imposes any new reserved 10 Federal water rights; or 11 (5) relinquishes or reduces any water rights re- 12 served or appropriated by the United States in the 13 State on or before the date of the enactment of this 14 Act. 15 SEC. 7. BORDER SECURITY. 16 (a) IN GENERAL.—Nothing in this Act— 17 (1) prevents the Secretary of Homeland Secu- 18 rity from conducting— 19 (A) undertaking law enforcement and bor- 20 der security activities, in accordance with sec- 21 tion 4(c) of the Wilderness Act (16 U.S.C. 22 1133(c)), including the ability to use motorized 23 access within an area while in pursuit of a sus- 24 pect; or 25 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2752 IH (B) any low-level flights over the area that 1 may be necessary for law enforcement and bor- 2 der security purposes; or 3 (2) affects the 2006 Memorandum of Under- 4 standing among the Department of Homeland Secu- 5 rity, the Department of the Interior, and the De- 6 partment of Agriculture regarding cooperative na- 7 tional security and counterterrorism efforts on Fed- 8 eral lands along the borders of the United States. 9 (b) WITHDRAWAL AND ADMINISTRATION OF CER- 10 TAIN AREA.—Nothing in this section precludes the Sec- 11 retary from allowing the installation and maintenance of 12 communication or surveillance infrastructure necessary for 13 law enforcement or border security activities within the 14 National Monument boundaries. 15 SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AU- 16 THORITY. 17 (a) RESPONSIBILITY.—Nothing in this Act shall af- 18 fect— 19 (1) the responsibility of the Department of the 20 Army under applicable environmental laws, including 21 the remediation of hazardous substances or muni- 22 tions and explosives of concern within the National 23 Monument boundaries; 24 VerDate Sep 11 2014 02:58 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2752.IH H2752 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 2752 IH (2) the statutory authority of the Department 1 of the Army to control public access or statutory re- 2 sponsibility to make other measures for environ- 3 mental remediation, monitoring, security, safety, or 4 emergency preparedness purposes; 5 (3) the activities of the Department of the 6 Army on lands not included within the National 7 Monument; or 8 (4) the responsibility of the Department of the 9 Army, in consultation with the Secretary (acting 10 through the Bureau of Land Management), to con- 11 tinue to manage the lands and interests in lands 12 under the Secretary’s jurisdiction within the Na- 13 tional Monument boundaries until the Army trans- 14 fers administrative jurisdiction of those land [Text truncated for display. 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