[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2924 Introduced in Senate (IS)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bandelier National Park and Preserve
Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Tribal
commission established under section 4(d).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Map.--The term ``map'' means the map entitled
``Bandelier National Park and Preserve Proposed Boundary'',
numbered 315/149,741, and dated December 2018.
(4) National park.--The term ``National Park'' means the
Bandelier National Park, consisting of approximately 29,656
acres of land in the State, as generally depicted on the map.
(5) National preserve.--The term ``National Preserve''
means the Bandelier National Preserve, consisting of
approximately 4,011 acres of land in the State, as generally
depicted on the map.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New
Mexico.
(8) Unmanned aircraft.--The term ``unmanned aircraft''
means--
(A) a device that is used or intended to be used
for flight in the air without the possibility of direct
human intervention from within or on the device; and
(B) any associated operational element or component
required for the pilot or system operator in command to
operate or control a device described in subparagraph
(A).
SEC. 3. ESTABLISHMENT OF BANDELIER NATIONAL PARK AND PRESERVE.
(a) Establishment.--
(1) In general.--To protect, preserve, interpret, and
provide for the enjoyment of the scenic, scientific,
educational, natural, geological, historical, cultural,
archaeological, fish, wildlife, and recreational values of the
National Park and the National Preserve, there is established
as a unit of the National Park System in the State a national
park and national preserve, to be known as the ``Bandelier
National Park and Preserve''.
(2) Boundaries.--The Bandelier National Park and Preserve
shall consist of--
(A) the National Park; and
(B) the National Preserve.
(3) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(4) Effect of subsection.--Nothing in this subsection
affects the designation or management of land located within
the boundaries of the Bandelier National Park and Preserve that
is designated as wilderness under the Wilderness Act (16 U.S.C.
1131 et seq.) before the date of enactment of this Act,
including the Bandelier Wilderness.
(b) Abolishment of Bandelier National Monument.--
(1) Abolishment.--Due to the establishment of the Bandelier
National Park and Preserve, the Bandelier National Monument in
Sandoval County, New Mexico, is abolished.
(2) Incorporation.--The land and interests in land that
constitute the Bandelier National Monument (as in existence on
the day before the date of enactment of this Act) are
incorporated in, and shall be considered to be a part of, the
Bandelier National Park and Preserve.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the monument referred to
in subsection (b)(1) shall be deemed to be a reference to the
``Bandelier National Park and Preserve''.
(d) Availability of Funds.--Any funds available for the monument
referred to in subsection (b)(1) shall be available for the Bandelier
National Park and Preserve.
(e) Administration.--Subject to section 4(a), the Secretary shall
administer the Bandelier National Park and Preserve in accordance
with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
SEC. 4. MANAGEMENT OF BANDELIER NATIONAL PARK AND PRESERVE AND VALLES
CALDERA NATIONAL PRESERVE.
(a) Hunting.--
(1) In general.--Subject to paragraph (2), the Secretary
shall permit hunting on land in the National Preserve in the
same manner as hunting is managed in the Valles Caldera
National Preserve under section 3043(b)(7) of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (16 U.S.C. 698v-11(b)(7)).
(2) Management.--At the discretion of the Secretary, the
Superintendent of the Valles Caldera National Preserve may
manage hunting in the National Preserve under paragraph (1).
(b) Traditional Cultural and Religious Sites.--
(1) In general.--The Secretary, in consultation with Indian
tribes, shall ensure the protection of traditional cultural and
religious sites in the Bandelier National Park and Preserve.
(2) Access.--The Secretary, in accordance with Public Law
95-341 (commonly known as the ``American Indian Religious
Freedom Act'') (42 U.S.C. 1996 et seq.)--
(A) shall provide access to the sites described in
paragraph (1) by members of Indian tribes for
traditional cultural and customary uses; and
(B) may, on request of an Indian tribe, temporarily
close to general public use 1 or more specific areas of
the Bandelier National Park and Preserve to protect
traditional cultural and customary uses in the area by
members of the Indian tribe.
(c) Collection of Plants and Mineral Resources by Members of
Culturally Affiliated Indian Tribes.--
(1) In general.--The Secretary shall allow an enrolled
member of any Indian tribe (including the Pueblo of San
Ildefonso and the Pueblo of Santa Clara) that is culturally
affiliated with the land located within the boundaries of the
Bandelier National Park and Preserve or the Valles Caldera
National Preserve to collect plants, including parts or
products of plants, and mineral resources within the Bandelier
National Park and Preserve and the Valles Caldera National
Preserve for noncommercial traditional and cultural uses.
(2) Application.--
(A) In general.--Except as provided in subparagraph
(B), a collection activity under paragraph (1) shall
be--
(i) consistent with applicable laws; and
(ii) subject to such conditions as the
Secretary determines to be necessary to protect
the resources and values of the Bandelier
National Park and Preserve or the Valles
Caldera National Preserve.
(B) Quantity limitations.--
(i) Existing regulations.--No quantity
limitation contained in a regulation of the
National Park Service in effect on the date of
enactment of this Act shall apply to a
collection activity under paragraph (1).
(ii) Limitations imposed by secretary.--The
Secretary may limit the quantity of plants,
including parts or products of plants, and
mineral resources collected under paragraph (1)
if the Secretary determines that the limitation
is necessary to protect the resources and
values of the Bandelier National Park and
Preserve or the Valles Caldera National
Preserve.
(d) Tribal Commission.--
(1) In general.--To ensure that the management of the
Bandelier National Park and Preserve reflects the expertise and
traditional and historical knowledge of members of applicable
Indian tribes, the Secretary shall establish a Tribal
commission for the Bandelier National Park and Preserve.
(2) Purpose.--The Commission shall provide guidance and
recommendations on the development and implementation of
management plans for, and policies of, the Bandelier National
Park and Preserve.
(3) Membership.--The Commission shall consist of 1
representative designated by the governing body of each Indian
tribe with a historical association with the area within the
boundaries of the Bandelier National Park and Preserve.
(4) Incorporation of recommendations.--In developing plans
and policies for the Bandelier National Park and Preserve, the
Secretary shall carefully and fully consider incorporating the
traditional and historical knowledge and special expertise of
members of the Commission or a comparable entity.
(5) Written explanation.--If the Secretary determines not
to incorporate a specific recommendation submitted to the
Secretary in writing by the Commission, the Secretary shall
provide to the Commission a written explanation of the reason
for the determination.
(e) Withdrawal From Federal Mining and Mineral Leasing Laws.--
(1) Withdrawal.--Subject to valid existing rights in effect
on the date of enactment of this Act, the land located within
the boundaries of the Bandelier National Park and Preserve is
withdrawn from--
(A) location, entry, and patent under the mining
laws; and
(B) disposition under all laws pertaining to
mineral and geothermal leasing.
(2) Acquired land.--Any land or interest in land that is
acquired by the United States after the date of enactment of
this Act for inclusion in the Bandelier National Park and
Preserve, shall, on acquisition, be immediately withdrawn in
accordance with this subsection.
(3) Effect.--Nothing in this subsection affects any
recreational use, including hunting or fishing, that is
authorized on the land within the boundaries of the Bandelier
National Park and Preserve under applicable law as of the date
of enactment of this Act.
(f) Boundary Adjustment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of
Agriculture shall seek to enter into an agreement to adjust the
boundary between the Valles Caldera National Preserve and the
Santa Fe National Forest for the purpose of improving the
management of the Valles Caldera National Preserve and the
Santa Fe National Forest, respectively.
(2) Adjustment.--Subject to paragraph (4), if an agreement
is entered into by the Secretary and the Secretary of
Agriculture under paragraph (1), the boundary between the
Valles Caldera National Preserve and the Santa Fe National
Forest shall be adjusted in accordance with the agreement.
(3) Incorporated land.--Any land added to the Valles
Caldera National Preserve or the Santa Fe National Forest as a
result of the boundary adjustment under paragraph (2) shall
be--
(A) subject to any law applicable to the unit to
which the land is added; and
(B) withdrawn from--
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) disposition under all laws relating
to mineral and geothermal leasing or mineral
materials.
(4) Contracts and permits.--Before adjusting the boundary
under paragraph (2), the Secretary or the Secretary of
Agriculture, as applicable, shall, with respect to any contract
or permit on land affected by the agreement entered into under
paragraph (1)--
(A) allow the contract or permit to expire at the
end of the period of performance of the contract or
permit; or
(B) modify the contract or permit to exclude the
portion of the land covered by the agreement.
(5) Rights-of-way and easements.--Any right-of-way or
easement with respect to land transferred to the Secretary or
the Secretary of Agriculture under the agreement entered into
under paragraph (1) shall be transferred to the Secretary or
the Secretary of Agriculture, as applicable.
(g) Unmanned Aircraft.--
(1) In general.--Except as provided in paragraph (2),
launching, landing, or operating an unmanned aircraft is
prohibited within the boundaries of the Bandelier National Park
and Preserve.
(2) Authorized use.--
(A) In general.--Subject to subparagraph (B), the
Secretary may permit the use of an unmanned aircraft
for--
(i) administrative purposes, including--
(I) scientific study;
(II) search and rescue operations;
(III) fire operations;
(IV) law enforcement; or
(V) other administrative purposes,
as determined by the Secretary; or
(ii) activities conducted under an
applicable--
(I) scientific research or
collecting permit; or
(II) special use permit that
specifically authorizes launching,
landing, or operating the unmanned
aircraft.
(B) Limitation.--The Secretary may not permit the
use of an unmanned aircraft under subparagraph (A) if
the use would cause an unacceptable impact to the
resources or values of the National Park or the
National Preserve, as determined by the Secretary.
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