118 HR 8182 IH: Ocmulgee Mounds National Park and Preserve Establishment Act
U.S. House of Representatives
2024-04-30
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I
118th CONGRESS
2d Session
H. R. 8182
IN THE HOUSE OF REPRESENTATIVES
April 30, 2024
Mr. Austin Scott of Georgia (for himself, Mr. Bishop of Georgia, Mr. Allen, Mr. Carter of Georgia, Mr. Collins, Mr. Ferguson, Ms. Greene of Georgia, Mr. Loudermilk, Mr. McCormick, Mr. Johnson of Georgia, Mrs. McBath, Mr. David Scott of Georgia, and Ms. Williams of Georgia) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To establish the Ocmulgee Mounds National Park and Preserve in the State of Georgia, and for other purposes.
1.

Short title
This Act may be cited as the “Ocmulgee Mounds National Park and Preserve Establishment Act”.
2.

Definitions
In this Act:
(1)

Advisory Council
The term Advisory Council means the Ocmulgee Mounds National Park and Preserve Advisory Council established under section 5(a).
(2)

Map
The term “Map” means the map entitled “Ocmulgee Mounds National Park and Preserve Proposed Boundary”, numbered 363/193026, and dated April 2024.
(3)

Secretary
The term Secretary means the Secretary of the Interior.
(4)

State
The term State means the State of Georgia.
(5)

Tribe
The term Tribe means the Muscogee (Creek) Nation.
3.

Redesignation of Ocmulgee Mounds National Park and establishment of Ocmulgee Mounds National Preserve
(a)

Redesignation of Ocmulgee Mounds National Park; land acquisition
(1)

In general
The Ocmulgee Mounds National Historical Park designated by section 2102(b)(1)(A) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (16 U.S.C. 410yyy–3(b)(1)(A)) shall be known and designated as the “Ocmulgee Mounds National Park”.
(2)

References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the “Ocmulgee Mounds National Historical Park” shall be considered to be a reference to the “Ocmulgee Mounds National Park”.
(3)

Land acquisition for Ocmulgee Mounds National Park
(A)

In general
The Secretary may acquire land or any interest in land within the area depicted as “National Park Area” on the Map for inclusion in the Ocmulgee Mounds National Park by purchase from a willing seller, donation, or exchange.
(B)

Administration
Any land or interest in land acquired under subparagraph (A) shall be—
(i)
incorporated into the Ocmulgee Mounds National Park; and
(ii)
administered by the Secretary in accordance with section 4.
(C)

Prohibition on use of eminent domain
Nothing in this paragraph authorizes the use of eminent domain to acquire land or an interest in land.
(D)

Boundaries
The boundaries of the Ocmulgee Mounds National Park shall reflect the land and interests in land acquired for the Ocmulgee Mounds National Park under subparagraph (A).
(b)

Establishment of Ocmulgee Mounds National Preserve
(1)

In general
Effective on the date on which the Secretary publishes in the Federal Register a notice that the Secretary has determined that sufficient land within the area depicted as “National Preserve Area” on the Map has been acquired under paragraph (2) to constitute a manageable unit, there is established the Ocmulgee Mounds National Preserve in the State as a unit of the National Park System.
(2)

Land acquisition for Ocmulgee Mounds National Preserve
(A)

In general
The Secretary may acquire land or any interest in land within the area depicted as “National Preserve Area” on the Map for inclusion in the Ocmulgee Mounds National Preserve by purchase from a willing seller, donation, or exchange.
(B)

Administration
Any land or interest in land acquired under subparagraph (A) shall be—
(i)
incorporated into the Ocmulgee Mounds National Preserve; and
(ii)
administered by the Secretary in accordance with section 4.
(C)

Prohibition on use of eminent domain
Nothing in this paragraph authorizes the use of eminent domain to acquire land or an interest in land.
(3)

Boundaries
The boundaries of the Ocmulgee Mounds National Preserve shall reflect the land and interests in land acquired for the Ocmulgee Mounds National Preserve under paragraph (2)(A).
(c)

Maps and legal descriptions
(1)

In general
The Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives—
(A)
as soon as practicable after the date of enactment of this Act, a map and legal description of the Ocmulgee Mounds National Park; and
(B)
as soon as practicable after the date of establishment of the Ocmulgee Mounds National Preserve, a map and legal description of the Ocmulgee Mounds National Preserve.
(2)

Corrections
The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may make technical corrections to the maps and legal descriptions.
(3)

Availability
The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
4.

Administration of Ocmulgee Mounds National Park and Preserve
(a)

In general
The Ocmulgee Mounds National Park and the Ocmulgee Mounds National Preserve shall—
(1)
be administered as a single unit of the National Park System in accordance with—
(A)
this section;
(B)
the laws generally applicable to units of the National Park System, including—
(i)
section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and
(ii)
chapter 3201 of title 54, United States Code; and
(C)
any co-management agreement entered into under subsection (b); and
(2)
collectively be known and designated as the “Ocmulgee Mounds National Park and Preserve”.
(b)

Co-Management agreement
Not later than 1 year after the date of receipt of the recommendations of the Advisory Council under section 5(b)(2), the Secretary shall enter into an agreement with the Tribe to provide for the co-management of the Ocmulgee Mounds National Park and Preserve by the Secretary and the Tribe.
(c)

Hunting and fishing
(1)

Hunting
The Secretary shall allow hunting on lands under the jurisdiction of the Secretary within the boundaries of the Ocmulgee Mounds National Preserve in accordance with applicable Federal and State laws.
(2)

Fishing
The Secretary shall allow fishing on waters under the jurisdiction of the Secretary within the boundaries of the Ocmulgee Mounds National Park and Preserve in accordance with applicable Federal and State laws.
(3)

Limitation
The Secretary may designate zones in which, and establish periods during which, no hunting, fishing, or both, shall be allowed for reasons of public safety, administration, fish or wildlife management, or emergencies.
(4)

Consultation
The Secretary shall ensure any regulations prescribing such restrictions under this subsection shall be put into effect only after consultation with the State.
(5)

Private land
Nothing in this subsection prohibits hunting, fishing, or trapping on private land in accordance with applicable State and Federal laws.
(6)

Congressional intent
Nothing in this Act is intended to affect the jurisdiction or responsibilities of the State with respect to fish and wildlife.
(d)

Hiring preference
The Secretary shall establish policies to provide a preference for hiring members of the Tribe for positions at the Ocmulgee Mounds National Park and Preserve, consistent with the Indian preference policy established by the Secretary of the Interior under section 12 of the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”) (48 Stat. 986, chapter 576; 25 U.S.C. 5116).
(e)

Effect on administration of Bond swamp national wildlife refuge
(1)

In general
Except as provided in paragraph (2), nothing in this Act affects the continued administration of the Bond Swamp National Wildlife Refuge by the Director of the United States Fish and Wildlife Service as a unit of the National Wildlife Refuge System.
(2)

Cultural interpretation activities
The Director of the National Park Service shall consult with the Tribe to provide cultural programs and related activities with respect to the Bond Swamp National Wildlife Refuge with the consent of the Director of the United States Fish and Wildlife Service.
(f)

Tribal uses
Subject to any terms and conditions that the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the Ocmulgee Mounds National Park and Preserve by members of the Tribe for—
(1)
traditional ceremonies; and
(2)
hunting, fishing, and trapping.
(g)

Military activities
Nothing in this Act precludes—
(1)
low-level overflights of military aircraft over the Ocmulgee Mounds National Park and Preserve;
(2)
the designation of new units of special use airspace over the Ocmulgee Mounds National Park and Preserve;
(3)
the use or establishment of military flight training routes over the Ocmulgee Mounds National Park and Preserve;
(4)
access to electronic tracking and communications sites associated with special use airspace or military flight training routes over the Ocmulgee Mounds National Park and Preserve;
(5)
ground access to respond to emergency or accident locations relating to special use airspace or military flight training routes over the Ocmulgee Mounds National Park and Preserve;
(6)
continued use of the Ocmulgee Mounds National Park and Preserve by tactical ground parties or the maintenance of existing associated ground instrumentation, in accordance with any applicable interagency agreements in effect on the date of enactment of this Act; or
(7)
the Secretary of Defense from entering into new or renewed agreements with the Secretary relating to the use by military aircraft of airspace over the Ocmulgee Mounds National Park and Preserve or the maintenance of associated ground instrumentation or tactical ground parties—
(A)
that will not interfere with the management of the Ocmulgee Mounds National Park and Preserve for the purposes for which the Ocmulgee Mounds National Park and Preserve was established; and
(B)
in accordance with applicable laws.
5.

Advisory council
(a)

Establishment
The Secretary shall establish an advisory council, to be known as the “Ocmulgee Mounds National Park and Preserve Advisory Council”.
(b)

Duties
The Advisory Council shall—
(1)
advise the Secretary with respect to the preparation and implementation of a management plan for the Ocmulgee Mounds National Park and Preserve; and
(2)
not later than 3 years after the date of enactment of this Act, submit to the Secretary recommendations relating to the management of the Ocmulgee Mounds National Park and Preserve, including the role of the Tribe with respect to the delegation of any aspects of Federal decisionmaking, including land management, species management, and the interpretation of cultural resources and resources of the Tribe at the Ocmulgee Mounds National Park and Preserve.
(c)

Members
The Advisory Council shall consist of 9 members, to be appointed by the Secretary, as follows:
(1)
The superintendent of the Ocmulgee Mounds National Park and Preserve.
(2)
The Secretary of Culture and Humanities of the Tribe.
(3)
The Secretary of Interior Affairs of the Tribe.
(4)
The Principal Chief of the Tribe.
(5)
A representative of the applicable National Park Service regional office for the State.
(6)
A representative of the applicable United States Fish and Wildlife Service regional office for the State.
(7)
The United States Fish and Wildlife Service project leader of the Bond Swamp National Wildlife Refuge.
(8)
A representative of the State Department of Natural Resources.
(9)
A representative of the Middle Georgia Regional Commission.
(d)

Applicable law
The Advisory Council shall be subject to chapter 10 of title 5, United States Code (commonly referred to as the “Federal Advisory Committee Act”) and other applicable laws.
(e)

Vacancy
A vacancy on the Advisory Council shall be filled in the same manner as the original appointment.
(f)

Quorum
A majority of the members of the Advisory Council (including not fewer than 1 member who is a designated representative of the Tribe) shall constitute a quorum.
(g)

Chairperson
The Advisory Council shall—
(1)
elect a chairperson of the Advisory Council 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 appropriate.
(h)

No compensation
Members of the Advisory Council shall serve without compensation.
(i)

Termination
The Advisory Council shall terminate on the date on which the Advisory Council completes the management plan for the Ocmulgee Mounds National Park and Preserve.
6.

Land to be held in trust
All right, title, and interest of the United States in and to the approximately 126 acres of land in the Ocmulgee Mounds National Park and Preserve owned in fee by the Tribe are hereby taken into trust for the benefit of the Tribe. Such land—
(1)
is part of Indian country (as defined in section 1151 of title 18, United State Code) of the Tribe; and
(2)
shall be administered in accordance with the laws and regulations generally applicable to property held in trust by the United States for the benefit of an Indian Tribe.