Bandelier National Park and Preserve Establishment Act

II 116TH CONGRESS 1ST SESSION S. 2924 To establish the Bandelier National Park and Preserve in the State of New Mexico. IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2019 Mr. HEINRICH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Bandelier National Park and Preserve in the State of New Mexico. 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 ‘‘Bandelier National 4 Park and Preserve Establishment Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) COMMISSION.—The term ‘‘Commission’’ 8 means the Tribal commission established under sec- 9 tion 4(d). 10 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 2 •S 2924 IS (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 1 has the meaning given the term in section 4 of the 2 Indian Self-Determination and Education Assistance 3 Act (25 U.S.C. 5304). 4 (3) MAP.—The term ‘‘map’’ means the map en- 5 titled ‘‘Bandelier National Park and Preserve Pro- 6 posed Boundary’’, numbered 315/149,741, and 7 dated December 2018. 8 (4) NATIONAL PARK.—The term ‘‘National 9 Park’’ means the Bandelier National Park, con- 10 sisting of approximately 29,656 acres of land in the 11 State, as generally depicted on the map. 12 (5) NATIONAL PRESERVE.—The term ‘‘National 13 Preserve’’ means the Bandelier National Preserve, 14 consisting of approximately 4,011 acres of land in 15 the State, as generally depicted on the map. 16 (6) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of the Interior. 18 (7) STATE.—The term ‘‘State’’ means the State 19 of New Mexico. 20 (8) UNMANNED AIRCRAFT.—The term ‘‘un- 21 manned aircraft’’ means— 22 (A) a device that is used or intended to be 23 used for flight in the air without the possibility 24 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 3 •S 2924 IS of direct human intervention from within or on 1 the device; and 2 (B) any associated operational element or 3 component required for the pilot or system op- 4 erator in command to operate or control a de- 5 vice described in subparagraph (A). 6 SEC. 3. ESTABLISHMENT OF BANDELIER NATIONAL PARK 7 AND PRESERVE. 8 (a) ESTABLISHMENT.— 9 (1) IN GENERAL.—To protect, preserve, inter- 10 pret, and provide for the enjoyment of the scenic, 11 scientific, educational, natural, geological, historical, 12 cultural, archaeological, fish, wildlife, and rec- 13 reational values of the National Park and the Na- 14 tional Preserve, there is established as a unit of the 15 National Park System in the State a national park 16 and national preserve, to be known as the ‘‘Ban- 17 delier National Park and Preserve’’. 18 (2) BOUNDARIES.—The Bandelier National 19 Park and Preserve shall consist of— 20 (A) the National Park; and 21 (B) the National Preserve. 22 (3) AVAILABILITY OF MAP.—The map shall be 23 on file and available for public inspection in the ap- 24 propriate offices of the National Park Service. 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 4 •S 2924 IS (4) EFFECT OF SUBSECTION.—Nothing in this 1 subsection affects the designation or management of 2 land located within the boundaries of the Bandelier 3 National Park and Preserve that is designated as 4 wilderness under the Wilderness Act (16 U.S.C. 5 1131 et seq.) before the date of enactment of this 6 Act, including the Bandelier Wilderness. 7 (b) ABOLISHMENT OF BANDELIER NATIONAL MONU- 8 MENT.— 9 (1) ABOLISHMENT.—Due to the establishment 10 of the Bandelier National Park and Preserve, the 11 Bandelier National Monument in Sandoval County, 12 New Mexico, is abolished. 13 (2) INCORPORATION.—The land and interests 14 in land that constitute the Bandelier National 15 Monument (as in existence on the day before the 16 date of enactment of this Act) are incorporated in, 17 and shall be considered to be a part of, the Ban- 18 delier National Park and Preserve. 19 (c) REFERENCES.—Any reference in a law, map, reg- 20 ulation, document, paper, or other record of the United 21 States to the monument referred to in subsection (b)(1) 22 shall be deemed to be a reference to the ‘‘Bandelier Na- 23 tional Park and Preserve’’. 24 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 5 •S 2924 IS (d) AVAILABILITY OF FUNDS.—Any funds available 1 for the monument referred to in subsection (b)(1) shall 2 be available for the Bandelier National Park and Preserve. 3 (e) ADMINISTRATION.—Subject to section 4(a), the 4 Secretary shall administer the Bandelier National Park 5 and Preserve in accordance with— 6 (1) this Act; and 7 (2) the laws generally applicable to units of the 8 National Park System, including section 100101(a), 9 chapter 1003, sections 100751(a), 100752, 100753, 10 and 102101, and chapter 3201 of title 54, United 11 States Code. 12 SEC. 4. MANAGEMENT OF BANDELIER NATIONAL PARK AND 13 PRESERVE AND VALLES CALDERA NATIONAL 14 PRESERVE. 15 (a) HUNTING.— 16 (1) IN GENERAL.—Subject to paragraph (2), 17 the Secretary shall permit hunting on land in the 18 National Preserve in the same manner as hunting is 19 managed in the Valles Caldera National Preserve 20 under section 3043(b)(7) of the Carl Levin and 21 Howard P. ‘‘Buck’’ McKeon National Defense Au- 22 thorization Act for Fiscal Year 2015 (16 U.S.C. 23 698v–11(b)(7)). 24 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 6 •S 2924 IS (2) MANAGEMENT.—At the discretion of the 1 Secretary, the Superintendent of the Valles Caldera 2 National Preserve may manage hunting in the Na- 3 tional Preserve under paragraph (1). 4 (b) TRADITIONAL CULTURAL AND RELIGIOUS 5 SITES.— 6 (1) IN GENERAL.—The Secretary, in consulta- 7 tion with Indian tribes, shall ensure the protection 8 of traditional cultural and religious sites in the Ban- 9 delier National Park and Preserve. 10 (2) ACCESS.—The Secretary, in accordance 11 with Public Law 95–341 (commonly known as the 12 ‘‘American Indian Religious Freedom Act’’) (42 13 U.S.C. 1996 et seq.)— 14 (A) shall provide access to the sites de- 15 scribed in paragraph (1) by members of Indian 16 tribes for traditional cultural and customary 17 uses; and 18 (B) may, on request of an Indian tribe, 19 temporarily close to general public use 1 or 20 more specific areas of the Bandelier National 21 Park and Preserve to protect traditional cul- 22 tural and customary uses in the area by mem- 23 bers of the Indian tribe. 24 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 7 •S 2924 IS (c) COLLECTION OF PLANTS AND MINERAL RE- 1 SOURCES BY MEMBERS OF CULTURALLY AFFILIATED IN- 2 DIAN TRIBES.— 3 (1) IN GENERAL.—The Secretary shall allow an 4 enrolled member of any Indian tribe (including the 5 Pueblo of San Ildefonso and the Pueblo of Santa 6 Clara) that is culturally affiliated with the land lo- 7 cated within the boundaries of the Bandelier Na- 8 tional Park and Preserve or the Valles Caldera Na- 9 tional Preserve to collect plants, including parts or 10 products of plants, and mineral resources within the 11 Bandelier National Park and Preserve and the 12 Valles Caldera National Preserve for noncommercial 13 traditional and cultural uses. 14 (2) APPLICATION.— 15 (A) IN GENERAL.—Except as provided in 16 subparagraph (B), a collection activity under 17 paragraph (1) shall be— 18 (i) consistent with applicable laws; 19 and 20 (ii) subject to such conditions as the 21 Secretary determines to be necessary to 22 protect the resources and values of the 23 Bandelier National Park and Preserve or 24 the Valles Caldera National Preserve. 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 8 •S 2924 IS (B) QUANTITY LIMITATIONS.— 1 (i) EXISTING REGULATIONS.—No 2 quantity limitation contained in a regula- 3 tion of the National Park Service in effect 4 on the date of enactment of this Act shall 5 apply to a collection activity under para- 6 graph (1). 7 (ii) LIMITATIONS IMPOSED BY SEC- 8 RETARY.—The Secretary may limit the 9 quantity of plants, including parts or prod- 10 ucts of plants, and mineral resources col- 11 lected under paragraph (1) if the Secretary 12 determines that the limitation is necessary 13 to protect the resources and values of the 14 Bandelier National Park and Preserve or 15 the Valles Caldera National Preserve. 16 (d) TRIBAL COMMISSION.— 17 (1) IN GENERAL.—To ensure that the manage- 18 ment of the Bandelier National Park and Preserve 19 reflects the expertise and traditional and historical 20 knowledge of members of applicable Indian tribes, 21 the Secretary shall establish a Tribal commission for 22 the Bandelier National Park and Preserve. 23 (2) PURPOSE.—The Commission shall provide 24 guidance and recommendations on the development 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 9 •S 2924 IS and implementation of management plans for, and 1 policies of, the Bandelier National Park and Pre- 2 serve. 3 (3) MEMBERSHIP.—The Commission shall con- 4 sist of 1 representative designated by the governing 5 body of each Indian tribe with a historical associa- 6 tion with the area within the boundaries of the Ban- 7 delier National Park and Preserve. 8 (4) INCORPORATION OF RECOMMENDATIONS.— 9 In developing plans and policies for the Bandelier 10 National Park and Preserve, the Secretary shall 11 carefully and fully consider incorporating the tradi- 12 tional and historical knowledge and special expertise 13 of members of the Commission or a comparable enti- 14 ty. 15 (5) WRITTEN EXPLANATION.—If the Secretary 16 determines not to incorporate a specific rec- 17 ommendation submitted to the Secretary in writing 18 by the Commission, the Secretary shall provide to 19 the Commission a written explanation of the reason 20 for the determination. 21 (e) WITHDRAWAL FROM FEDERAL MINING AND MIN- 22 ERAL LEASING LAWS.— 23 (1) WITHDRAWAL.—Subject to valid existing 24 rights in effect on the date of enactment of this Act, 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 10 •S 2924 IS the land located within the boundaries of the Ban- 1 delier National Park and Preserve is withdrawn 2 from— 3 (A) location, entry, and patent under the 4 mining laws; and 5 (B) disposition under all laws pertaining to 6 mineral and geothermal leasing. 7 (2) ACQUIRED LAND.—Any land or interest in 8 land that is acquired by the United States after the 9 date of enactment of this Act for inclusion in the 10 Bandelier National Park and Preserve, shall, on ac- 11 quisition, be immediately withdrawn in accordance 12 with this subsection. 13 (3) EFFECT.—Nothing in this subsection af- 14 fects any recreational use, including hunting or fish- 15 ing, that is authorized on the land within the bound- 16 aries of the Bandelier National Park and Preserve 17 under applicable law as of the date of enactment of 18 this Act. 19 (f) BOUNDARY ADJUSTMENT.— 20 (1) IN GENERAL.—Not later than 1 year after 21 the date of enactment of this Act, the Secretary and 22 the Secretary of Agriculture shall seek to enter into 23 an agreement to adjust the boundary between the 24 Valles Caldera National Preserve and the Santa Fe 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 11 •S 2924 IS National Forest for the purpose of improving the 1 management of the Valles Caldera National Preserve 2 and the Santa Fe National Forest, respectively. 3 (2) ADJUSTMENT.—Subject to paragraph (4), if 4 an agreement is entered into by the Secretary and 5 the Secretary of Agriculture under paragraph (1), 6 the boundary between the Valles Caldera National 7 Preserve and the Santa Fe National Forest shall be 8 adjusted in accordance with the agreement. 9 (3) INCORPORATED LAND.—Any land added to 10 the Valles Caldera National Preserve or the Santa 11 Fe National Forest as a result of the boundary ad- 12 justment under paragraph (2) shall be— 13 (A) subject to any law applicable to the 14 unit to which the land is added; and 15 (B) withdrawn from— 16 (i) all forms of entry, appropriation, 17 or disposal under the public land laws; 18 (ii) location, entry, and patent under 19 the mining laws; and 20 (iii) disposition under all laws relating 21 to mineral and geothermal leasing or min- 22 eral materials. 23 (4) CONTRACTS AND PERMITS.—Before adjust- 24 ing the boundary under paragraph (2), the Secretary 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 12 •S 2924 IS or the Secretary of Agriculture, as applicable, shall, 1 with respect to any contract or permit on land af- 2 fected by the agreement entered into under para- 3 graph (1)— 4 (A) allow the contract or permit to expire 5 at the end of the period of performance of the 6 contract or permit; or 7 (B) modify the contract or permit to ex- 8 clude the portion of the land covered by the 9 agreement. 10 (5) RIGHTS-OF-WAY AND EASEMENTS.—Any 11 right-of-way or easement with respect to land trans- 12 ferred to the Secretary or the Secretary of Agri- 13 culture under the agreement entered into under 14 paragraph (1) shall be transferred to the Secretary 15 or the Secretary of Agriculture, as applicable. 16 (g) UNMANNED AIRCRAFT.— 17 (1) IN GENERAL.—Except as provided in para- 18 graph (2), launching, landing, or operating an un- 19 manned aircraft is prohibited within the boundaries 20 of the Bandelier National Park and Preserve. 21 (2) AUTHORIZED USE.— 22 (A) IN GENERAL.—Subject to subpara- 23 graph (B), the Secretary may permit the use of 24 an unmanned aircraft for— 25 VerDate Sep 11 2014 01:19 Nov 30, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2924.IS S2924 kjohnson on DSK79L0C42 with BILLS 13 •S 2924 IS (i) administrative purposes, includ- 1 ing— 2 (I) scientific study; 3 (II) search and rescue operations; [Text truncated for display. 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