[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4828 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4828
To establish the Bahsahwahbee National Monument in the State of Nevada,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2024
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Bahsahwahbee National Monument in the State of Nevada,
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 ``Bahsahwahbee National Monument
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the term ``Newe''--
(A) is used by the Western Shoshone people to refer
to themselves; and
(B) refers to the members of--
(i) the Confederated Tribes of the Goshute
Reservation;
(ii) the Duckwater Shoshone Tribe; and
(iii) the Ely Shoshone Tribe;
(2) in the Newe language, the term ``Bahsahwahbee'' means
Sacred Water Valley;
(3) certain Federal public land in Spring Valley, White
Pine County, Nevada, known as ``Bahsahwahbee''--
(A) is a nationally significant cultural and
natural landscape;
(B) has been a significant religious gathering area
for indigenous people in the Great Basin since time
immemorial;
(C) was the site of three 19th century massacres of
the Newe people that had gathered in the area for
religious ceremonies, including 1 of the largest
recorded massacres of Native Americans in United States
history, which resulted in the death of approximately
525 to 700 men, women, and children;
(D) continues to have historical, cultural,
traditional, and spiritual significance for the Newe
people and other federally recognized Indian Tribes
with a historical connection to the area;
(E) contains archaeological and cultural resources
that provide a historical record of significance,
including evidence of--
(i) Newe--
(I) cultural history;
(II) trade systems and regional
contacts;
(III) population and economic
change; and
(IV) residence since time
immemorial; and
(ii) Euro-American exploration and
settlement of the western United States,
including--
(I) the Pony Express Route;
(II) Simpson's Route; and
(III) Cleveland Ranch;
(F) contains remarkable scenic values providing
sweeping views of some of the highest mountains in the
State of Nevada, including--
(i) Mount Wheeler at 13,060 feet;
(ii) Doso Doyabi at 12,775 feet; and
(iii) North Schell Peak at 11,880 feet;
(G) contains intact ecosystems and unique species,
including the largest of 3 known occurrences of a
valley bottom ecotype of Rocky Mountain juniper,
locally known as the swamp cedar trees, an exceedingly
rare plant community, particularly in the high desert
environment of northeastern Nevada that relies on
shallow groundwater to survive; and
(H) due to the remote nature of the area, preserves
the opportunity to enjoy natural quiet, dark night
skies, and solitude;
(4) the Newe and other federally recognized Indian Tribes
with historic ties to the area known as ``Bahsahwahbee''--
(A) possess distinct and irreplaceable traditional
cultural knowledge of the nationally unique area,
including the groundwater-dependent springs and swamp
cedar trees on the Federal land that are vital for Newe
ceremonies;
(B) possess traditional ecological and historical
knowledge that is critical for informing Federal land
management decisions affecting the area;
(C) continue to use the area--
(i) to hold religious and ceremonial
gatherings;
(ii) to pass down traditional knowledge;
and
(iii) to honor and mourn their ancestors
who were murdered and mutilated during serial
massacres; and
(D) consider the grove of swamp cedar trees to be
sacred and embody the spirits of the Indigenous Newe
people who were killed during the 19th century
massacres; and
(5) establishing the Federal public land within the
Bahsahwahbee landscape as a national monument would permanently
protect the natural and cultural resources of the area for the
benefit and enjoyment of present and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``advisory committee''
means the advisory committee established under section 5(c)(1).
(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) Management plan.--The term ``management plan'' means
the management plan for the National Monument developed under
section 5(b).
(4) Map.--The term ``map'' means the map entitled
``Proposed Bahsahwahbee National Monument'' and dated June 18,
2024.
(5) National monument.--The term ``National Monument''
means the Bahsahwahbee National Monument established by section
4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
SEC. 4. ESTABLISHMENT OF BAHSAHWAHBEE NATIONAL MONUMENT, NEVADA.
(a) Establishment.--Subject to valid existing rights, there is
established the Bahsahwahbee National Monument in the State.
(b) Purpose.--The purpose of the National Monument is to conserve,
protect, interpret, and enhance for the benefit and enjoyment of
present and future generations the cultural, historical, natural,
ecological, educational, and scientific resources of the National
Monument.
(c) Area Included.--The National Monument shall consist of
approximately 25,000 acres of Federal land in White Pine County,
Nevada, generally depicted as ``Proposed Bahsahwahbee National
Monument'' on the map.
SEC. 5. MANAGEMENT OF THE NATIONAL MONUMENT.
(a) In General.--The Secretary shall manage the National Monument
in a manner that conserves, protects, and enhances the resources of the
National Monument.
(b) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive plan for the protection and management of the
National Monument, consistent with this Act.
(2) Consultation; traditional knowledge.--In developing the
management plan, the Secretary shall--
(A) consult with--
(i) the advisory committee;
(ii) appropriate entities of the Federal
Government and State, Tribal, and local
governments;
(iii) grazing permittees within the
boundary of the National Monument; and
(iv) members of the public in the vicinity
of the National Monument;
(B) incorporate the traditional ecological
knowledge of members of Indian Tribes; and
(C) provide for the commemoration of the Tribal
history and culture of the Newe people.
(c) Advisory Committee.--
(1) Establishment.--The Secretary shall establish and
maintain an advisory committee under chapter 10 of title 5,
United States Code (commonly referred to as the ``Federal
Advisory Committee Act''), to provide information and advice to
the Secretary with respect to--
(A) the development of the management plan; and
(B) the management of the National Monument.
(2) Membership.--In appointing members to the advisory
committee, the Secretary shall ensure that--
(A) there is a fair and balanced representation of
interested stakeholders;
(B) a majority of members are members of Indian
Tribes with a historical connection to the land within
the National Monument, including members from each of
the Duckwater Shoshone Tribe, the Confederated Tribes
of the Goshute, and the Ely Shoshone Tribe; and
(C) the remaining members represent local
governmental entities, grazing permittees within the
National Monument, owners of private land, recreational
users, conservation organizations, wildlife or hunting
organizations, the scientific community, business
owners, and local citizens.
(d) Native American Access and Use.--
(1) Access.--To the extent practicable, the Secretary shall
ensure access to the National Monument by members of an Indian
Tribe for traditional cultural purposes.
(2) Temporary closure.--
(A) In general.--The Secretary, on the request of
an Indian Tribe, may temporarily close to the general
public use of 1 or more specific portions of the
National Monument in order to protect the privacy of
traditional cultural activities in the temporarily
closed portion by members of the Indian Tribe.
(B) Limitation.--Any closure under subparagraph (A)
shall be made so as to affect the smallest area
practicable for the minimum period necessary.
(3) Applicable law.--Access and use by members of an Indian
Tribe under this subsection 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.) and other applicable law.
(e) Grazing.--The Secretary shall permit the grazing of livestock
(including the maintenance and replacement of fencing and related
grazing infrastructure) in the National Monument, as established as of
the date of enactment of this Act, to continue, subject to such
reasonable regulations, policies, and practices as the Secretary
determines to be necessary.
(f) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2), the
use of motorized vehicles on land within the National Monument
shall be permitted only on roads and trails designated for the
use of motorized vehicles by the management plan.
(2) Exceptions.--Notwithstanding paragraph (1), the use of
motorized vehicles within the National Monument is allowed, if
the use is necessary--
(A) for administrative purposes;
(B) to respond to an emergency; or
(C) to allow for continued access to private
inholdings and other authorized uses within the
National Monument.
(g) Acquisition and Incorporation of Land and Interests in Land.--
(1) Authority.--The Secretary may acquire non-Federal land
(including interests in non-Federal land) within the boundary
of the National Monument by--
(A) exchange, if the exchange furthers the purposes
of the National Monument, as determined by the
Secretary;
(B) donation; or
(C) purchase from a willing seller with donated or
appropriated funds.
(2) Management.--Any non-Federal land or interest in non-
Federal land that is acquired by the United States under
paragraph (1) shall--
(A) become part of the National Monument;
(B) be withdrawn in accordance with subsection (h);
and
(C) be managed in accordance with this Act.
(h) Withdrawal.--Subject to valid existing rights, the Federal land
and interests in Federal land within the National Monument are
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing and geothermal leasing
laws.
(i) Military Overflights.--Nothing in this Act restricts or
precludes--
(1) low-level overflights of military aircraft over the
National Monument, including military overflights that can be
seen, heard, or detected within the National Monument;
(2) flight testing and evaluation over the National
Monument;
(3) the designation or creation of new units of special use
airspace over the National Monument; or
(4) the establishment of military flight training routes
over the National Monument.
(j) Water Rights.--Nothing in this Act affects--
(1) any water rights in the State existing on the date of
enactment of this Act, including any water rights held by the
United States; or
(2) the use or allocation of any water right.
(k) Fish and Wildlife.--Nothing in this Act affects or diminishes
the jurisdiction of the State with respect to fish and wildlife
management within the National Monument.
(l) No Effect on Rights of Indian Tribes.--Nothing in this Act
affects the treaty rights or jurisdiction of any Indian Tribe.
(m) Effect on Designated Corridors.--Nothing in this Act--
(1) affects the designated transmission right-of-way or
corridor for Nevada State Highway 50;
(2) affects the existence, use, operation, access,
maintenance, upgrade, repair, construction, reconfiguration,
expansion, inspection, renewal, reconstruction, alteration,
addition, relocation improvement funding, removal, or
replacement of any water facility or utility facility within an
existing right-of-way or designated transportation or utility
corridor issued before the date of enactment of this Act within
the National Monument; or
(3) prohibits access to, or the repair or replacement of, a
transmission or fiber optic line within a right-of-way within
the boundary of the National Monument issued before the date of
enactment of this Act.
(n) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Monument.
(2) Activities outside national monument.--The fact that an
activity or use on land outside the National Monument can be
seen or heard within the National Monument shall not preclude
the activity or use outside the National Monument boundary.
(o) Agreements and Partnerships.--To the maximum extent practicable
and in accordance with applicable laws, on request of 1 or more Indian
Tribes referred to in subsection (c)(2)(B), the Secretary shall enter
into agreements, contracts, and other cooperative and collaborative
partnerships with the applicable Indian Tribes with respect to
management of the National Monument under relevant Federal authority.
(p) Interpretation and Education.--The Secretary, in coordination
with the Indian Tribes referred to in subsection (c)(2)(B), shall
provide for public interpretation of, and education on, the history and
natural and cultural resources of the National Monument.
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