What This Bill Does
This bill creates a new national monument called Avi Kwa Ame National Monument in southern Nevada. The monument covers approximately 445,000 acres of federal land and aims to protect the area's cultural, natural, and historical resources for current and future generations.
##
Who It Affects
- The Secretary of the Interior (oversees the monument)
- Indian Tribes with historical connections to the land
- Residents of Boulder City, Searchlight, and Laughlin, Nevada
- Clark County and its officials
- People who hunt, fish, trap, or use the land for recreation
- Livestock ranchers (existing operations only)
- The Bureau of Land Management and Bureau of Reclamation
##
Key Provisions
- The Secretary of the Interior must manage the monument to conserve and protect its cultural, ecological, scenic, wildlife, recreational, and historical resources (Sec. 4(b)).
- The Secretary must allow hunting, fishing, and trapping within the monument according to federal and state law, except where the Secretary designates limited areas or periods for public safety or administrative reasons (Sec. 4(c)(7)).
- Livestock grazing that existed before this law passes may continue under reasonable regulations and in a way that supports the monument's purposes (Sec. 4(c)(5)).
- Motorized vehicles are only allowed on roads designated in a management plan, except for emergency or administrative uses (Sec. 4(c)(4)).
- The Secretary must develop a comprehensive management plan within 3 years, consulting with federal agencies, state and tribal governments, and the public (Sec. 4(d)).
- An 11-member Advisory Council must be created within 180 days to advise on the management plan, with members representing local cities, Indian Tribes, and county interests (Sec. 5).
- No new easements or rights-of-way (special use permissions) can be granted on monument lands after this law passes, though existing ones may be renewed (Sec. 4(g)).
- Indian Tribes have access to the monument for traditional cultural purposes, and the Secretary may temporarily close specific areas to protect the privacy of tribal cultural activities (Sec. 4(c)(3)).
- All federal land in the monument is withdrawn from mining claims, mineral leases, and geothermal leases (Sec. 4(f)).
##
What Changes
If this bill becomes law, approximately 445,000 acres in southern Nevada become a protected national monument. Existing livestock grazing may continue but becomes subject to monument management rules. Hunting, fishing, and trapping remain allowed under federal and state law. Mining, mineral leasing, and geothermal development are prohibited. New easements or rights-of-way cannot be granted. A management plan must be created within 3 years to guide long-term operations. An Advisory Council will be established to help shape monument policies.
##
Important Definitions
- **Advisory Council**: The Avi Kwa Ame National Monument Advisory Council established to advise the Secretary on management planning (Sec. 5(a)).
- **Indian Tribe**: Has the meaning given in the Indian Self-Determination and Education Assistance Act (a federal law defining federally recognized tribes).
- **Management Plan**: The comprehensive plan the Secretary must prepare for long-term monument management (Sec. 4(d)).
- **Monument**: The Avi Kwa Ame National Monument established by this act.
- **Secretary**: The Secretary of the Interior.
- **Map**: The map titled "Avi Kwa Ame National Monument" dated February 1, 2022.
##
I
118TH CONGRESS
1ST SESSION H. R. 1660
To establish the Avi Kwa Ame National Monument in the State of Nevada,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 2023
Ms. TITUS introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To establish the Avi Kwa Ame National Monument in the
State of Nevada, 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.
3
This Act may be cited as the ‘‘Avi Kwa Ame National
4
Monument Establishment Act of 2023’’.
5
SEC. 2. FINDINGS.
6
Congress finds as follows:
7
(1) The Federal public lands in southernmost
8
Nevada comprise a nationally significant cultural
9
and natural landscape.
10
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(2) These lands are considered sacred by nu-
1
merous Indian Tribes, and the lands are tied to the
2
Indian Tribes’ creation, cosmology, and well-being,
3
containing numerous cultural sites and objects.
4
(3) Avi Kwa Ame, or Spirit Mountain, located
5
on the eastern edge of the proposed monument, is
6
designated a Traditional Cultural Property on the
7
National Register of Historic Places in recognition
8
of its religious and cultural importance.
9
(4) The lands showcase the progression of
10
human history in the Eastern Mojave Desert, a lit-
11
eral crossroads of the American West. There are sig-
12
nificant elements of Native American, Western-
13
American, and Mining History, including the historic
14
Mojave Trail/Road, originally used by Mojave and
15
other Native Americans to transport goods from the
16
southwest to trade with the Chumash and other
17
coastal Tribes and later used in Western expansion,
18
as well as the historic Walking Box Ranch which fig-
19
ures prominently in the history of movie making in
20
America.
21
(5) The lands contain several prominent geo-
22
logical features, such as the volcanic Highland
23
Range within the northern section of the Avi Kwa
24
Ame landscape, which is about 10 miles long and re-
25
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markably rugged and ragged. The multicolored vol-
1
canic peaks, several thousand feet in elevation, tower
2
above the surrounding valley and are remarkably
3
scenic and are a designated Crucial Bighorn Sheep
4
Habitat area.
5
(6) The lands are a rare biological hotspot that
6
contain intact ecosystems, Joshua tree forests, out-
7
standing wildlife habitat, and essential wildlife mi-
8
gration corridors.
9
(7) The remote nature of the area protects the
10
ability to enjoy increasingly rare natural quiet and
11
dark night sky and solitude.
12
(8) The lands provide important recreational
13
opportunities.
14
(9) Establishing the Federal public lands within
15
the Avi Kwa Ame landscape as a national monument
16
will permanently protect these natural and cultural
17
resources for the benefit and enjoyment of present
18
and future generations.
19
SEC. 3. DEFINITIONS.
20
In this Act:
21
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
22
Council’’ means the Avi Kwa Ame National Monu-
23
ment Advisory Council established under section
24
5(a).
25
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(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
1
has the meaning given in section 4 of the Indian
2
Self-Determination and Education Assistance Act
3
(25 U.S.C. 5304).
4
(3) MANAGEMENT PLAN.—The term ‘‘manage-
5
ment plan’’ means the management plan prepared
6
under section 4(d).
7
(4) MAP.—The term ‘‘Map’’ means the map en-
8
titled ‘‘Avi Kwa Ame National Monument’’ and
9
dated February 1, 2022.
10
(5)
MONUMENT.—The
term
‘‘Monument’’
11
means the Avi Kwa Ame National Monument estab-
12
lished by section 4(a).
13
(6) SECRETARY.—The term ‘‘Secretary’’ means
14
the Secretary of the Interior.
15
(7) STATE.—The term ‘‘State’’ means the State
16
of Nevada.
17
SEC. 4. AVI KWA AME NATIONAL MONUMENT.
18
(a) ESTABLISHMENT.—Subject to valid existing
19
rights, there is established the Avi Kwa Ame National
20
Monument in the State, consisting of approximately
21
445,000 acres of Federal land administered by the Bureau
22
of Land Management, as generally depicted on the Map.
23
(b) PURPOSES.—The purpose of the Monument is to
24
conserve, protect, and enhance for the benefit and enjoy-
25
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ment of present and future generations the cultural, eco-
1
logical, scenic, wildlife, recreational, dark sky, historical,
2
natural, educational, and scientific resources of the Monu-
3
ment.
4
(c) MANAGEMENT.—
5
(1) IN GENERAL.—The Secretary shall manage
6
the Monument—
7
(A) in a manner that conserves, protects,
8
and enhances the resources of the Monument;
9
(B) in accordance with—
10
(i) the Federal Land Policy and Man-
11
agement Act of 1976 (43 U.S.C. 1701 et
12
seq.);
13
(ii) this section; and
14
(iii) any other applicable law (includ-
15
ing regulations); and
16
(C) as a component of the National Land-
17
scape Conservation System.
18
(2) USES.—The Secretary shall only allow uses
19
of the Monument that the Secretary determines
20
would further the purposes described in subsection
21
(b).
22
(3) NATIVE AMERICAN ACCESS AND USE.—
23
(A) ACCESS.—To the extent practicable,
24
the Secretary shall ensure access to the Monu-
25
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ment by members of an Indian Tribe for tradi-
1
tional cultural purposes.
2
(B) USE.—
3
(i) IN
GENERAL.—In implementing
4
this subsection, the Secretary, upon the re-
5
quest of an Indian Tribe, may temporarily
6
close to the general public use of one or
7
more specific portions of the Monument in
8
order to protect the privacy of traditional
9
cultural activities in such areas by mem-
10
bers of the Indian Tribe.
11
(ii) LIMITATION.—Any such closure
12
shall be made to affect the smallest area
13
practicable for the minimum period nec-
14
essary for such purposes.
15
(C) AMERICAN INDIAN RELIGIOUS FREE-
16
DOM.—The access and use provided under this
17
paragraph shall be consistent with the purpose
18
and intent of Public Law 95–341 (42 U.S.C.
19
1996), commonly referred to as the American
20
Indian Religious Freedom Act, and, as applica-
21
ble, the Wilderness Act (16 U.S.C. 1131 et
22
seq.).
23
(4) MOTORIZED VEHICLES.—
24
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(A) IN
GENERAL.—Except in cases in
1
which motorized vehicles are needed for admin-
2
istrative purposes, or to respond to an emer-
3
gency, the use of motorized vehicles in the
4
Monument shall be permitted only on roads
5
designated by the management plan required by
6
subsection (d) for the use of motorized vehicles.
7
(B) INTERIM
MANAGEMENT.—Until the
8
completion of the management plan, the use of
9
motorized vehicles in the Monument shall be
10
permitted in accordance with the applicable
11
land use plan.
12
(5) GRAZING.—The grazing of livestock in the
13
Monument, where established before the date of the
14
enactment of this Act, shall be permitted to con-
15
tinue—
16
(A) subject to—
17
(i) such reasonable regulations, poli-
18
cies, and practices as the Secretary con-
19
siders necessary; and
20
(ii) applicable law (including regula-
21
tions); and
22
(B) in a manner consistent with the pur-
23
poses described in subsection (b).
24
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(6) WILDLIFE
WATER
PROJECTS.—The Sec-
1
retary, in consultation with the State, may authorize
2
wildlife water projects (including guzzlers) within
3
the Monument.
4
(7) HUNTING, FISHING AND TRAPPING.—
5
(A) IN GENERAL.—Except as provided in
6
subparagraph (B), the Secretary shall allow
7
hunting, fishing, and trapping on land and
8
water within the Monument in accordance with
9
applicable Federal and State law.
10
(B) ADMINISTRATIVE
EXCEPTIONS.—The
11
Secretary may designate areas in which, and es-
12
tablish limited periods during which, no hunt-
13
ing, fishing, or trapping shall be allowed under
14
subparagraph (A) for reasons of public safety,
15
administration, or compliance with applicable
16
law.
17
(C) AGENCY AGREEMENT.—Except in an
18
emergency, regulations closing areas within the
19
Monument to hunting, fishing, or trapping
20
under this paragraph shall be made in consulta-
21
tion with the appropriate agency of the State
22
having responsibility for fish and wildlife ad-
23
ministration.
24
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(D) SAVINGS
CLAUSE.—Nothing in this
1
subsection affects any jurisdiction or responsi-
2
bility of the State with respect to fish and wild-
3
life in the Monument.
4
(d) MANAGEMENT PLAN.—
5
(1) IN GENERAL.—Not later than 3 years after
6
the date of the enactment of this Act and in accord-
7
ance with paragraph (2), the Secretary shall develop
8
a comprehensive plan for the long-term management
9
of the Monument.
10
(2) CONSULTATION.—In developing the man-
11
agement plan, the Secretary shall consult with—
12
(A) other Federal land management agen-
13
cies in the area, including the National Park
14
Service;
15
(B) appropriate State, Tribal, and local
16
governmental entities; and
17
(C) members of the public.
18
(3) INCORPORATION OF PLANS.—In developing
19
the management plan, to the extent consistent with
20
this Act, the Secretary may incorporate any provi-
21
sion of an applicable land and resource management
22
plan.
23
(e) INCORPORATION OF ACQUIRED LAND AND INTER-
24
ESTS.—Any land or interest in land within the boundary
25
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of the Monument that is acquired by the United States
1
shall—
2
(1) become part of the Monument;
3
(2) be withdrawn in accordance with subsection
4
(f); and
5
(3) be managed in accordance with—
6
(A) the Federal Land Policy and Manage-
7
ment Act of 1976 (43 U.S.C. 1701 et seq.);
8
(B) this Act; and
9
(C) any other applicable law (including
10
regulations).
11
(f) WITHDRAWAL.—Subject to valid existing rights,
12
all Federal land located in the Monument is withdrawn
13
from—
14
(1) all forms of entry, appropriation, and dis-
15
posal under the public land laws;
16
(2) location, entry, and patenting under the
17
mining laws; and
18
(3) operation of the mineral leasing, mineral
19
materials, and geothermal leasing laws.
20
(g) EASEMENTS AND RIGHTS-OF-WAY.—
21
(1) IN GENERAL.—No new easements or rights-
22
of-way shall be conveyed on Federal lands within the
23
Monument after the date of the enactment of this
24
Act.
25
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(2) EFFECT.—Nothing in this section precludes
1
the Secretary from renewing easements or rights-of-
2
way in existence on the date of the enactment of this
3
Act within the Monument in accordance with this
4
Act and applicable law (including regulations).
5
(h) MILITARY, LAW ENFORCEMENT, AND EMER-
6
GENCY
OVERFLIGHTS.—Nothing in this section pre-
7
cludes—
8
(1) low-level overflights of military, law enforce-
9
ment, or emergency medical services aircraft over
10
the Monument;
11
(2) flight testing and evaluation; and
12
(3) the use or establishment of military, law en-
13
forcement, or emergency medical services flight
14
training routes over the Monument.
15
(i) NATIVE AMERICAN RIGHTS AND USES.—
16
(1) IN GENERAL.—Nothing in this section al-
17
ters, modifies, enlarges, diminishes, or abrogates the
18
treaty rights of any Indian Tribe, including off-res-
19
ervation reserved rights.
20
(2) CONSULTATION.—The Secretary shall con-
21
sult with interested Indian Tribes—
22
(A) in developing and carrying out the
23
management plan;
24
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•HR 1660 IH
(B) providing access under subsection
1
(c)(3); and
2
(C) to determine whether to charter an ad-
3
visory committee or otherwise formalize govern-
4
ment-to-government collaboration on the man-
5
agement of the Monument.
6
(j) MAP; LEGAL DESCRIPTION.—
7
(1) IN GENERAL.—As soon as practicable after
8
the date of the enactment of this Act, the Secretary
9
shall prepare a map and legal description of the
10
Monument.
11
(2) CORRECTIONS.—The map and legal descrip-
12
tion submitted under paragraph (1) shall have the
13
same force and effect as if included in this subtitle,
14
except that the Secretary may correct any clerical or
15
typographical errors in the legal description and the
16
map.
17
(3) CONFLICT BETWEEN MAP AND LEGAL DE-
18
SCRIPTION.—In the case of a conflict between the
19
map and the legal description, the map shall control.
20
(4) AVAILABILITY
OF
MAP
AND
LEGAL
DE-
21
SCRIPTION.—Copies of the map and legal description
22
shall be on file and available for public inspection in
23
the appropriate offices of the Bureau of Land Man-
24
agement.
25
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SEC. 5. AVI KWA AME NATIONAL MONUMENT ADVISORY
1
COUNCIL.
2
(a) ESTABLISHMENT.—Not later than 180 days after
3
the date of the enactment of this Act, the Secretary shall
4
establish an advisory council to be known as the ‘‘Avi Kwa
5
Ame National Monument Advisory Council’’.
6
(b) DUTIES.—The Advisory Council shall advise the
7
Secretary with respect to the preparation and implementa-
8
tion of the management plan.
9
(c) APPLICABLE LAW.—The Advisory Council shall
10
be subject to—
11
(1) the Federal Advisory Committee Act (5
12
U.S.C. App.); and
13
(2) the Federal Land Policy and Management
14
Act of 1976 (43 U.S.
[Text truncated for display. Full text available on Congress.gov.]