[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8031 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8031
To establish the Chuckwalla National Monument and expand Joshua Tree
National Park in the State of California, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2024
Mr. Ruiz introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Chuckwalla National Monument and expand Joshua Tree
National Park in the State of California, and for other purposes.
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 ``Chuckwalla National Monument
Establishment and Joshua Tree National Park Expansion Act of 2024''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the land designated as the Chuckwalla National Monument
by this Act--
(A) is an area of national significance and
historical and scientific interest requiring
protection;
(B)(i) is the ancestral homeland of the Iviatim,
Kwatsaan, Maara'yam, Nuwu, Pipa Aha Macav, and other
Tribal people, including the present-day Cahuilla,
Chemehuevi, Mohave, Quechan, and Serrano Indian Tribes;
(ii) continues to be regularly accessed and used by
the Indian Tribes referred to in clause (i); and
(iii) will continue to be used by the Indian Tribes
referred to in clause (i) in the future;
(C) contains a complex trail system that--
(i) was established by Native Americans for
various uses, including spiritual, travel,
trade, and communication; and
(ii) connects to regions outside of the
boundaries of the Monument, including Avi Kwa
Ame;
(D) includes sacred sites, historic properties,
traditional cultural places and 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 the knowledge systems
of Tribal people;
(E) includes plants, wildlife, water sources, and
minerals that are connected together as part of a
greater cultural landscape;
(F) has nationally significant biodiversity, due to
the location in the transitional zone where the Sonoran
Desert and Mojave Desert come together;
(G) is home to a wide variety of topography and
elevation, leading to distinct microclimates and
ecosystems;
(H) is largely intact, undeveloped, and adjacent to
other federally protected areas, such as Joshua Tree
National Park, the Indian Pass Wilderness, and the
Palen/McCoy Wilderness;
(I) is a refuge for over 150 plant species, many of
which cannot be found anywhere else, including--
(i) Munz's cholla, the largest endemic
cacti in the State, which is located on the
Chuckwalla Bench;
(ii) the California fan palm, a plant
managed and used extensively by Tribal people
for thousands of years, which is found in oases
at Corn Springs, the Mecca Hills Wilderness,
and other locations in which tectonic movements
allow groundwater to seep up;
(iii) the triple-ribbed milk-vetch, which
is listed as endangered under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
and
(iv) other sensitive species, including
Emory's crucifixion thorn and Mecca-aster;
(J) hosts--
(i) some of the most extensive microphyll
woodlands (which are small-leaf trees, such as
ironwood and palo verde) in the State in places
such as Milpitas Wash, a habitat critical to
the survival of Tribal people; and
(ii) many wildlife species, including the
burro deer and migrating birds;
(K) offers--
(i) core habitat and essential migration
pathways for wildlife, including over 50
sensitive animal species, including--
(I) critical habitat for the
Agassiz's desert tortoise, which is
listed as threatened under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(II) critical habitat for the
desert bighorn sheep, which is an
iconic species with declining numbers;
(ii) habitat in microphyll woodlands for
large numbers of resident and migratory birds,
which is crucial amid the otherwise major
decline in bird numbers recorded in North
America over the 50-year period preceding the
date of enactment of this Act; and
(iii) former habitat for the endangered
Sonoran pronghorn in the Chuckwalla Bench, the
site of a multi-year reintroduction effort that
is already underway;
(L) offers important glimpses into key periods in
regional history, such as--
(i) the gold seekers who used an existing
Indigenous route to establish what is now the
Bradshaw Trail in the 1870s; and
(ii) the invaluable training of more than
1,000,000 soldiers from across the United
States during the period from 1942-1944 in
which the land was part of the Desert Training
Center, which is also known as the
``California-Arizona Maneuver Area'', including
Patton's Hill, which was used by General Patton
for observing training maneuvers;
(M) provides outstanding outdoor recreation
opportunities to local communities and visitors,
including hiking, horseback riding, motorized vehicle
use and mountain biking on designated routes of travel,
wildlife viewing, hunting, climbing, rockhounding,
picnicking, and camping;
(N) offers inexpensive access to public land for
disadvantaged communities, including the farming and
farm laboring communities of the eastern Coachella
Valley and Blythe regions; and
(O) is near or adjacent to solar Development Focus
Areas that have some of the best solar energy potential
in the world, the development and operation of which is
critical to meeting the urgent need of the United
States to decrease greenhouse gas emissions; and
(2) the Indian Tribes referred to in paragraph (1)(B)(i)
have a longstanding relationship to the land on which the
Monument is located, acting as stewards of the land since time
immemorial, with obligations to care for the cultural,
spiritual, and natural resources provided to those Indian
Tribes by the land, including sacred places, plants, wildlife,
water sources, and minerals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Chuckwalla National Monument Advisory Council established
under section 6(a).
(2) Commission.--The term ``Commission'' means the
Chuckwalla National Monument Tribal Commission established
under section 5(a).
(3) Culturally affiliated indian tribe.--The term
``culturally affiliated Indian Tribe'' means an Indian Tribe
that is determined by the Secretary to have a cultural
connection to the Monument.
(4) Desert renewable energy conservation area plan.--The
term ``Desert Renewable Energy Conservation Area Plan'' means
the Record of Decision for the Desert Renewable Energy
Conservation Plan Land Use Plan Amendment to the California
Desert Conservation Area Plan, Bishop Resource Management Plan,
and Bakersfield Resource Management Plan by the Bureau of Land
Management, dated September 2016.
(5) Development focus area.--The term ``Development Focus
Area'' means a Development Focus Area designated in the Desert
Renewable Energy Conservation Area Plan / Land Use Plan
Amendment to the California Desert Conservation Area Plan,
Bishop Resource Management Plan, and Bakersfield Resource
Management Plan prepared by the Bureau of Land Management and
dated September 2016.
(6) Electric utility facility.--
(A) In general.--The term ``electric utility
facility'' means any infrastructure associated with or
necessary for the siting, construction, or operation
and maintenance of electric transmission or
distribution lines.
(B) Inclusions.--The term ``electric utility
facility'' includes an electric substation, a
communication facility, a tower, a pole, a line, a
ground wire, a communications circuit, and any other
similar or related infrastructure.
(7) 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 most
recent list published by the Secretary under section 104(a) of
the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131(a)).
(8) Management plan.--The term ``management plan'' means
the management plan for the Monument developed under section
4(c)(17).
(9) Map.--The term ``Map'' means the map entitled
``Proposed Chuckwalla National Monument and Joshua Tree
National Park Expansion'' and dated April 12, 2024.
(10) Monument.--The term ``Monument'' means the Chuckwalla
National Monument established by section 4(a).
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of
California.
SEC. 4. DESIGNATION OF CHUCKWALLA NATIONAL MONUMENT.
(a) Establishment.--Subject to valid existing rights, there is
established the Chuckwalla National Monument in the State, consisting
of approximately 621,000 acres of Federal land administered by the
Bureau of Land Management, as generally depicted on the Map.
(b) Purpose.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations, through cooperative and collaborative management with
culturally affiliated Indian Tribes, the ecological, scenic, wildlife,
recreational, cultural, historical, natural, educational, and
scientific resources of the Monument.
(c) Management.--
(1) In general.--The Secretary--
(A) shall manage the Monument--
(i) in a manner that conserves, protects,
and enhances the resources of the Monument;
(ii) in accordance with--
(I) the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701
et seq.);
(II) this section; and
(III) any other applicable law
(including regulations);
(iii) in cooperation and collaboration with
culturally affiliated Indian Tribes; and
(iv) as a component of the National
Landscape Conservation System; and
(B) shall only allow uses of the Monument that--
(i) are described in or otherwise
consistent with this section; or
(ii) in the determination of the Secretary,
would further the purpose described in
subsection (b).
(2) Agreements and partnerships.--To the maximum extent
practicable and in accordance with applicable laws, on request
of a culturally affiliated Indian Tribe, the Secretary shall
enter into agreements, contracts, and other cooperative and
collaborative partnerships with the culturally affiliated
Indian Tribe with respect to management of the Monument under
relevant Federal authority, including--
(A) the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.);
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(C) Executive Order 13175 (25 U.S.C. 5301 note;
relating to consultation and coordination with Indian
Tribal governments);
(D) Secretarial Order 3342, issued by the Secretary
on October 21, 2016 (relating to identifying
opportunities for cooperative and collaborative
partnerships with Federally recognized Indian Tribes in
the management of Federal lands and resources); and
(E) Joint Secretarial Order 3403, issued by the
Secretary and the Secretary of Agriculture on November
15, 2021 (relating to fulfilling the trust
responsibility to Indian Tribes in the stewardship of
Federal lands and waters).
(3) Native american access and use.--
(A) Access.--The Secretary shall ensure access to
the Monument by members of a culturally affiliated
Indian Tribe for traditional cultural purposes and
activities.
(B) Temporary closure.--In carrying out this
paragraph, the Secretary, on the request of a
culturally affiliated Indian Tribe, may temporarily
close to the general public use of 1 or more specific
portions of the Monument to protect the privacy of
traditional cultural activities in the temporarily
closed portion by members of the culturally affiliated
Indian Tribe.
(C) Applicable law.--The access and use by members
of a culturally affiliated Indian Tribe under this
paragraph shall be consistent with the purpose and
intent of Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42 U.S.C.
1996 et seq.).
(4) Recreation.--The Secretary shall continue to authorize
and enhance recreation in the Monument, including 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, if the recreational use is consistent with--
(A) the purpose described in subsection (b);
(B) this section;
(C) other applicable law (including regulations);
(D) applicable management plans; and
(E) input from the Commission regarding potential
impacts to culturally sensitive sites and resources.
(5) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph
(B), the use of motorized vehicles within the Monument
shall be permitted only on routes designated for the
use of motorized vehicles by the transportation
management plan prepared under paragraph (17)(D).
(B) Exceptions.--Notwithstanding subparagraph (A),
the use of motorized vehicles within the Monument may
be permitted if the use is necessary--
(i) for administrative purposes; and
(ii) for constructing or servicing,
consistent with paragraphs (1) and (7)--
(I) electric utility facilities
(including electric transmission
facilities and electric distribution
facilities); or
(II) renewable energy projects near
or adjacent to the Monument; or
(iii) to respond to an emergency.
(C) Interim management.--
(i) In general.--Except as provided in
clause (ii), until the date on which the
transportation management plan required under
paragraph (17)(D) is completed, the use of
motorized vehicles in the Monument shall be
permitted only on--
(I) the routes that are legally
designated for such use on the date of
enactment of this Act; and
(II) any routes necessary for a
purpose described in subparagraph (B),
including the purposes described in
clause (ii) of that subparagraph,
subject to the requirements of that
subparagraph.
(ii) Limitation.--Nothing in clause (i)
prevents the Secretary from closing roads,
trails, or areas to motorized vehicles--
(I) to protect natural or cultural
resources; or
(II) for public safety.
(6) 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).
(7) Existing easements and rights-of-way.--
(A) Effect.--Nothing in this Act precludes the
renewal, assignment, or enlargement of, or interferes
with the operation, maintenance, replacement,
modification, upgrade, or access to, existing--
(i) flood control facilities, electric
utility facilities (including electric
transmission facilities and electric
distribution facilities), pipeline facilities,
and telecommunications facilities within the
Monument;
(ii) roads or highway corridors within the
Monument;
(iii) seismic monitoring facilities within
the Monument; or
(iv) other water infrastructure, including
wildlife water developments or water district
facilities, within or adjacent to an existing
authorization boundary of the Monument.
(B) Expansion of existing facilities; new
facilities.--To the extent consistent with the proper
care and management of objects of historical and
scientific interest at the Monument and subject to the
authorities of the Secretary and other applicable law--
(i) existing flood control facilities,
electric utility facilities (including electric
transmission facilities and electric
distribution facilities), pipeline facilities,
telecommunications facilities, and seismic
monitoring facilities and other water
infrastructure, including wildlife water
developments or water district facilities, may
be expanded within the Monument; and
(ii) new flood control facilities, electric
utility facilities (including electric
transmission facilities and electric
distribution facilities), pipeline facilities,
and telecommunications facilities are permitted
within the Monument.
(8) Acquisition of valid existing rights.--The Secretary
may acquire through exchange, donation, or purchase from a
willing seller valid mining claims or other valid existing
rights within the Monument that the Secretary determines, after
consultation with the Commission or a culturally affiliated
Indian Tribe, threatens cultural resources within the Monument.
(9) Withdrawal.--Subject to valid existing rights, all
Federal land located in the Monument is withdrawn from--
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(10) Adjacent management.--
(A) In general.--Nothing in this Act creates a
protective perimeter or buffer zone around the
Monument.
(B) Activities outside the monument.--
(i) In general.--The fact that an activity
or use on land outside the Monument can be seen
or heard within the Monument shall not preclude
the activity or use outside the boundary of the
Monument.
(ii) Development focus areas.--The
development and operation of renewable energy
facilities, related energy storage facilities,
and associated infrastructure, including
electric utility facilities (including electric
transmission facilities and electric
distribution facilities), in Development Focus
Areas near or adjacent to the Monument shall
not be affected by the establishment or
management of the Monument.
(C) Savings provision.--Nothing in this section
affects renewable energy development (including related
energy storage or electric utility facilities,
including electric transmission facilities and electric
distribution facilities) on any land near or adjacent
to the Monument.
(11) Military activities.--Nothing in this Act precludes--
(A) low-level overflights of military aircraft over
the Monument;
(B) the landing and takeoff of military aircraft in
designated landing zones in accordance with all
aviation safety regulations;
(C) the designation of new units of special
airspace over the Monument;
(D) the use or establishment of military flight
training routes over the Monument; or
(E) the use of Federal land within the Monument for
off-road or off-trail training pursuant to agreements
between the Secretary and the Secretary of Defense.
(12) Treaty rights.--Nothing in this Act alters, modifies,
enlarges, diminishes, or abrogates the treaty rights of any
Indian Tribe, including off-reservation reserved rights.
(13) Jurisdiction over fish and wildlife.--
(A) 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.
(B) Limitations.--
(i) Regulations.--Subject to clause (ii),
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.
(ii) Consultation.--Except in emergencies,
the Secretary shall consult with the
appropriate State agency before promulgating
regulations under clause (i) that close a
portion of the Monument to hunting, fishing, or
trapping.
(C) Fish and wildlife management activities.--
Management activities (including the use of motorized
vehicles by appropriate State agencies, subject to
applicable laws (including regulations) to maintain,
enhance, or restore fish and wildlife populations and
the habitats to support fish and wildlife populations
may be carried out within the Monument.
(14) 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, if--
(A) the structures and facilities are necessary to
fulfill the purpose described in subsection (b);
(B) the structures and facilities would, as
determined by the Secretary, promote healthy, viable,
and more naturally distributed wildlife populations;
and
(C) the visual impacts of the structures and
facilities on the Monument can reasonably be minimized.
(15) Map; legal description.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives a map and legal
description of the Monument.
(B) Corrections.--The map and legal description
submitted under subparagraph (A) 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, including to ensure that there is no overlap
between the Monument and Development Focus Areas.
(C) Conflict between map and legal description.--In
the case of a conflict between the map and the legal
description submitted under subparagraph (A), the map
shall control.
(D) Availability of map and legal description.--
Copies of the map and legal description submitted under
subparagraph (A) shall be on file and available for
public inspection in the appropriate offices of the
Bureau of Land Management.
(16) 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 culturally affiliated Indian
Tribes, are consistent with--
(A) this Act;
(B) applicable laws (including regulations);
(C) the Desert Renewable Energy Conservation Area
Plan;
(D) the purpose described in subsection (b);
(E) the management plan; and
(F) the care and proper management of objects of
historical and scientific interest within the Monument.
(17) Management plan.--
(A) 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.
(B) Consultation required.--The Secretary shall--
(i) in developing the management plan,
consult with--
(I) culturally affiliated Indian
Tribes;
(II) appropriate State and local
governmental entities;
(III) the Advisory Council;
(IV) members of the public; and
(V) affected renewable energy
developers and local electric utility
companies; and
(ii) in making management decisions
relating to the Monument, consult with
culturally affiliated Indian Tribes.
(C) Requirements.--The management plan--
(i) shall--
(I) assess opportunities to improve
recreational opportunities within, and
access to, the Monument in a manner
that--
(aa) conserves, protects,
and enhances resources of the
Monument resources; and
(bb) furthers the purpose
described in subsection (b);
(II) incorporate traditional
ecological knowledge; and
(III) identify opportunities to
interpret Monument resources for
members of the public; and
(ii) shall not--
(I) impact renewable energy
projects in Development Focus Areas
near or adjacent to the Monument; or
(II) interfere with the development
of renewable energy (including related
energy storage facilities or electric
utility facilities, including electric
transmission facilities and electric
distribution facilities) or colocated
telecommunications facilities on land
near or adjacent to the Monument.
(D) Transportation management plan.--For the
purposes of protecting and restoring objects of
historical and scientific interest within the Monument,
as part of the management plan, the Secretary shall
include a transportation plan that--
(i) designates the routes and trails on
which motorized vehicle use and nonmotorized
mechanized vehicle use will be allowed within
the Monument;
(ii) provides that--
(I) except as provided in subclause
(II) or for emergency or authorized
administrative purposes, including
appropriate wildlife management,
motorized vehicle use in the Monument
shall be permitted only on routes and
trails existing as of the date of
enactment of this Act;
(II) notwithstanding subclause (I),
the Secretary may designate additional
routes or trails for motorized vehicle
use in the Monument after the date of
enactment of this Act for the purposes
of public safety needs, access to
existing or new electric utility
facilities or infrastructure, or
protection of objects of historical and
scientific interest within the
Monument; and
(III) the Secretary shall monitor
motorized and non-motorized vehicle use
and designated roads and trails to
ensure proper care and management of
objects of historical and scientific
interest within the Monument.
(E) 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.
(F) Effect.--If there is a conflict between this
section and the Desert Renewable Energy Conservation
Area Plan, the more restrictive provision shall
control.
(18) 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 to be appropriate, the coordination
of the activities with a State or local agency.
(19) 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 after the date of
enactment of this Act shall--
(A) become part of the Monument;
(B) be withdrawn in accordance with paragraph (9);
and
(C) be managed in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations).
SEC. 5. CHUCKWALLA NATIONAL MONUMENT TRIBAL COMMISSION.
(a) 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''.
(b) Membership.--
(1) Makeup.--The Commission shall include a representative
from each culturally affiliated Indian Tribe.
(2) Process.--The Secretary shall conduct government-to-
government consultation with each culturally affiliated Indian
Tribe to determine the membership of the Commission.
(c) Duties.--
(1) Duties of the commission.--The Commission shall inform,
and provide input to, the development and implementation of the
management plan.
(2) Duties of the secretary.--The Secretary shall--
(A) consult with the Commission on--
(i) the development of the management plan;
and
(ii) providing guidance and recommendations
to the Secretary on management decisions
relating to the Monument;
(B) ensure that the management plan sets forth
parameters for the continued meaningful engagement by
the Commission in the implementation of the management
plan; and
(C) incorporate into the management plan--
(i) the traditional and historical
knowledge and special expertise of the
Commission;
(ii) public education and interpretation
for traditional place names and the cultural
significance of land within the Monument, as
the Secretary and the Commission determine to
be appropriate; and
(iii) address funding, capacity building,
and infrastructure for culturally affiliated
Indian Tribes.
(d) Procedures.--The Commission shall establish any rules and
procedures for the Commission that the Commission determines to be
necessary.
SEC. 6. CHUCKWALLA NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not later 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''.
(b) Duties.--The Advisory Council shall advise the Secretary with
respect to the development of the management plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) chapter 10 of title 5, United States Code (commonly
known as the ``Federal Advisory Committee Act'');
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable laws.
(d) Membership.--The Advisory Council shall consist of 19 members,
to be appointed by the Secretary, of whom, to the extent practicable--
(1) 1 member shall be appointed after considering the
recommendations of the Riverside County Board of Supervisors;
(2) 1 member shall be appointed after considering the
recommendations of the Imperial County Board of Supervisors;
(3) 1 member shall be appointed after considering the
recommendations of the Secretary for Natural Resources of the
State;
(4) 1 member shall be appointed to represent the Department
of Defense; and
(5) 8 members shall--
(A) reside in, or within reasonable proximity to,
Riverside or Imperial County in the State; and
(B) have backgrounds that reflect--
(i) the purpose described in section 4(b);
and
(ii) the interests of persons affected by
the planning and management of the Monument,
including representatives of--
(I) the renewable energy industry;
(II) electric utilities;
(III) private land owners;
(IV) nongovernmental organizations
managing land for conservation
purposes; and
(V) environmental, recreational,
tourism, or other non-Federal land
interests.
(e) Representation.--The Secretary shall ensure that the membership
of the Advisory Council is fairly balanced in terms of--
(1) the points of view represented by the Advisory Council;
and
(2) the functions to be performed by the Advisory Council.
(f) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed--
(A) 5 shall be appointed for a term of 1 year; and
(B) 5 shall be appointed for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of the
member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(g) Quorum.--
(1) In general.--8 members of the Advisory Council shall
constitute a quorum.
(2) No effect on operations.--The operations of the
Advisory Council shall not be impaired by the fact that a
member has not yet been appointed if a quorum has been attained
under paragraph (1).
(h) Chairperson and Procedures.--The Advisory Council shall--
(1) elect a chairperson from among the members of the
Advisory Council; and
(2) establish any rules and procedures for the Advisory
Council that the Advisory Council determines to be necessary.
(i) No Compensation.--A member of the Advisory Council shall serve
without pay.
(j) Termination.--The Advisory Council shall terminate on--
(1) the date on which the management plan is officially
adopted by the Secretary; or
(2) such later date as the Secretary determines to be
appropriate.
SEC. 7. ETHNOGRAPHIC STUDY AND CULTURAL RESOURCES SURVEY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary--
(1) after consultation with the culturally affiliated
Indian Tribes, shall conduct, or enter into a contract with a
third party to conduct, an ethnographic study of land within
the Monument and public land adjacent to the Monument that is
not within a Development Focus Area to assess the importance of
the land studied to the culturally affiliated Indian Tribes and
the religious, spiritual, and cultural practices of the
culturally affiliated Indian Tribes; and
(2) after consultation with the culturally affiliated
Indian Tribes and a review of any applicable data, studies, and
reports in the possession of the culturally affiliated Indian
Tribes, shall conduct, or enter into a contract with a third
party to conduct, a cultural resources survey of the land
within the Monument and public land adjacent to the Monument
that is not within a Development Focus Area to identify
specific sites that contain cultural, religious, spiritual, and
archaeological resources of importance to the culturally
affiliated Indian Tribes.
(b) Participation of Culturally Affiliated Indian Tribes.--In
conducting an ethnographic study or cultural resources survey under
subsection (a), the Secretary shall coordinate with, and provide for
the participation of, each culturally affiliated Indian Tribe,
including through the conduct of interviews with members of each
culturally affiliated Indian Tribe.
(c) Applicable Law.--The Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.) shall apply to burial sites
identified under subsection (a).
(d) Submission of Results to Culturally Affiliated Indian Tribes.--
Not later than 1 year after the date on which the ethnographic study
and the cultural resources survey are completed under subsection (a),
the Secretary shall submit to culturally affiliated Indian Tribes the
results of the ethnographic study and the cultural resources survey for
review and comment.
(e) Report.--Not later than 2 years after the date on which the
ethnographic study and the cultural resources survey are completed
under subsection (a), the Secretary shall submit to the appropriate
committees of Congress a report describing the results of the
ethnographic study and the cultural resources survey completed under
that subsection.
(f) Public Availability of Information.--
(1) In general.--Except as provided in paragraph (2),
information relating to the nature and specific location of a
cultural resource located on land adjacent to the Monument that
is obtained from an ethnographic study or cultural resources
survey conducted under subsection (a) shall be exempt from
disclosure under section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') and any
other applicable law.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary, in consultation with the culturally affiliated
Indian Tribes, may disclose information described in that
paragraph if the Secretary determines that the disclosure--
(A) would--
(i) further the protection of the cultural
resource; and
(ii) be in accordance with other applicable
laws; and
(B) would not create a risk of harm to, or theft or
destruction of, the cultural resource or the site at
which the cultural resource is located.
(g) Savings Provision.--Nothing in this section, including the
ethnographic study or the cultural resources survey conducted under
subsection (a), affects--
(1) the development of renewable energy projects in a
Development Focus Area;
(2) any requirements for that development that may be
imposed based on the findings of any study required under other
law prior to that development;
(3) existing requirements for that development under
section 306108 of title 54, United States Code (formerly
section 106 of the National Historic Preservation Act (16
U.S.C. 470f)) or any other applicable law; or
(4) any existing responsibility of the Bureau of Land
Management or any renewable energy company to conduct
ethnographic studies prior to development in a Development
Focus Area.
SEC. 8. EXPANSION OF JOSHUA TREE NATIONAL PARK.
Section 402 of the California Desert Protection Act of 1994 (16
U.S.C. 410aaa-22) is amended, in the first sentence, by inserting after
``October 1991 or prior,'' the following: ``and including the
approximately 17,842 acres of land depicted on the map entitled
`Proposed Chuckwalla National Monument and Joshua Tree National Park
Expansion' and dated April 12, 2024,''.
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