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Code · BILL · 117th Congress · S. 3144 (Introduced in Senate) — To establish the Sutton Mountain National Monument, to authorize certain land exchanges in the State of Oregon, to co... · Sec. 3

Sec. 3. Establishment of Sutton Mountain National Monument

1,901 words·~9 min read·/bill/117/s/3144/is/section-3

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There is established in the State the Sutton Mountain National Monument, consisting of the following 2 management units, as generally depicted on the Map: Upper Unit. Lower Unit. The purposes of the Monument are— to increase the wildfire resiliency of Sutton Mountain and the surrounding area; and to conserve, protect, and enhance the long-term ecological health of Sutton Mountain and the surrounding area for present and future generations. To further the purposes of the Monument described in subsection (b), and consistent with those purposes, the Secretary shall manage the Monument for the benefit of present and future generations— to support and promote the growth of local communities and economies; to promote the scientific and educational values of the Monument; to maintain sustainable grazing on the Federal land within the Upper Unit and Lower Unit, in accordance with applicable Federal law; to promote recreation, historical, cultural, and other uses that are sustainable, in accordance with applicable Federal law; to ensure the conservation, protection, restoration, and improved management of the ecological, social, and economic environment of the Monument, including geological, paleontological, biological, wildlife, riparian, and scenic resources; to reduce the risk of wildfire within the Monument and the surrounding area, including through juniper removal and habitat restoration, as appropriate; and to allow for active habitat restoration in the Lower Unit; and to allow for passive habitat management in the Upper Unit and Lower Unit.
The Secretary shall manage the Monument— in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and other applicable laws; and this Act; and in a manner that— improves wildfire resiliency; and ensures the conservation, protection, and improved management of the ecological, social, and economic environment of the Monument, including geological, paleontological, biological, wildlife, riparian, and scenic resources, North American Indian Tribal and cultural and archaeological resource sites, and additional cultural and historic sites and culturally significant native species.
Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term conservation and management of the Monument that fulfills the purposes of the Monument described in subsection (b). The management plan developed under subparagraph
(A)shall— describe the appropriate uses and management of each of the Upper Unit and the Lower Unit, consistent with the purposes and objectives of this Act; include an assessment of ecological conditions of the Monument, including an assessment of— the status, causes, and rate of juniper encroachments at the Monument; and the ecological impacts of the juniper encroachments at the Monument; identify science-based, short-term and long-term, active habitat restoration and passive habitat management actions— to reduce wildfire risk and improve the resilience of native plant communities; and to restore historical native vegetation communities, including the prioritization of the removal of invasive annual grasses and juniper trees in the Lower Unit; include a habitat restoration opportunities component that prioritizes— restoration within the Lower Unit; and maintenance of the existing wilderness character of the Upper Unit; include a riparian conservation and restoration component to support anadromous and other native fish, wildlife, and other riparian resources and values in the monument; include a recreational enhancement component that prioritizes— new and expanded opportunities for mechanized and nonmechanized recreation in the Lower Unit; and enhancing nonmechanized, primitive, and unconfined recreation opportunities in the Upper Unit; include an active habitat restoration component that prioritizes, with respect to the Lower Unit— the restoration of native ecosystems; the enhancement of recreation and grazing activities; and activities that will reduce wildfire risk; include a passive habitat management component that prioritizes, with respect to the Upper Unit— the restoration of native ecosystems; and management activities that will reduce the risk of wildfire; determine measurable and achievable management objectives, consistent with the management objectives described in subsection (c), to ensure the ecological health of the Monument; develop a monitoring program for the Monument so that progress towards ecological health objectives can be determined; include, as an integral part, a comprehensive transportation plan developed in accordance with subsection (e); and include, as an integral part, a wildfire mitigation plan developed in accordance with paragraph (4). Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Governor’s Council on Wildfire Response of the State, shall conduct a wildfire risk assessment of the Upper Unit and the Lower Unit. Not later than 2 years after the date on which the wildfire risk assessment is conducted under paragraph (3), the Secretary shall develop, based on the wildfire risk assessment, a wildfire mitigation plan as part of the management plan developed under paragraph
(2)that identifies, evaluates, and prioritizes management activities that can be implemented in the Lower Unit to mitigate wildfire risk to structures and communities located near the Monument. The wildfire mitigation plan developed under subparagraph
(A)shall include— appropriate vegetation management projects (including mechanical treatments to reduce hazardous fuels and improve ecological health and resiliency); necessary evacuation routes for communities located near the Monument, to be developed in consultation with the State and local fire agencies; strategies for public dissemination of emergency evacuation plans and routes; appropriate passive habitat management activities; and strategies or management requirements to protect items of value identified at the Monument, consistent with the applicable fire management plan and the document prepared by the National Interagency Fire Center entitled Interagency Standards for Fire and Fire Aviation Operations or successor interagency agreement or guidance. The wildfire mitigation plan under subparagraph
(A)shall be developed in accordance with— this Act; and any other applicable law. Consistent with the purposes of this Act and the comprehensive transportation plan under subsection (e), the Secretary may travel off-road or establish temporary roads within the Lower Unit to implement the wildfire mitigation plan developed under paragraph (4). Nothing in this section affects the authority of the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, to conduct wildland fire operations at the Monument, consistent with the purposes of this Act. Any land or interest in land within the boundary of the Monument or adjacent to the Monument that is acquired by the United States shall— become part of the Monument; and be managed in accordance with— this Act; and applicable Federal laws. The Secretary shall develop as part of the management plan a comprehensive transportation plan for the Monument, which shall address— motorized, mechanized, and nonmotorized use; the maintenance and closure of motorized and nonmotorized routes; and travel access. Except as provided in paragraphs (3), (4), and (7), motorized and mechanized use shall be prohibited in the Upper Unit. Except in cases in which motorized or mechanized vehicles are needed for administrative purposes, ecological restoration projects, or to respond to an emergency, the use of motorized or mechanized vehicles in the Monument shall be permitted only on routes designated by the transportation plan developed under paragraph (1). Except as provided in paragraph (5), no new motorized routes of any type shall be constructed within the Monument unless the Secretary determines, in consultation with the public, that the motorized route is necessary for public safety in the Upper Unit or Lower Unit. Notwithstanding paragraph (4), temporary motorized routes may be developed in the Lower Unit to assist with the removal of juniper. Nothing in this subsection limits the authority of the Secretary to construct or maintain trails for nonmotorized or nonmechanized use in the Upper Unit or Lower Unit. The Secretary shall provide reasonable access to inholdings within the boundaries of the Monument to provide private landowners the reasonable use of the inholdings, in accordance with section 1323(b) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3210(b) ). Consistent with the purposes of this Act, the existing roads described in subparagraph
(B)may be modified or altered within 50 feet on either side of the applicable road, as the Secretary determines to be necessary to support use of motorized or mechanized vehicles for access, utility development, or public safety. The roads referred to in subparagraph
(A)are Burnt Ranch Road, Twickenham Road, Girds Creek Road, and the Logging Road, as depicted on the Map. The Secretary shall grant to the County a right-of-way for maintenance and repair within 50 feet of Twickenham Road and Girds Creek Road. The grazing of livestock in the Monument, if established before the date of enactment of this Act, shall be allowed to continue— subject to— such reasonable regulations, policies, and practices as the Secretary considers necessary; and applicable law (including regulations); and in a manner consistent with the authorities described in subsection (d). The Secretary shall accept the voluntary relinquishment of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the Monument. With respect to each permit or lease voluntarily relinquished under subparagraph (A), the Secretary shall— terminate the grazing permit or lease; and ensure a permanent end to grazing on the land covered by the permit or lease. If a person holding a valid grazing permit or lease voluntarily relinquishes less than the full level of grazing use authorized under the permit or lease under subparagraph (A), the Secretary shall— reduce the authorized grazing level to reflect the voluntary relinquishment; and modify the permit or lease to reflect the revised level. To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease voluntarily relinquished under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under that clause. No new facilities may be constructed in the Monument unless the Secretary determines that the facility— will be minimal in nature; is consistent with the purposes of the Monument described in subsection (b); and is necessary— to enhance botanical, fish, wildlife, or watershed conditions; to provide for public information, health, or safety; for the management of livestock; or for the management, but not promotion, of recreation. Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ), any portion of Federal land designated as a wilderness study area within the Monument as of the date of enactment of this Act has been adequately studied for wilderness designation. The land described in paragraph (1)— is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and shall be managed in accordance with— this Act; and applicable land use plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). Nothing in this section— terminates any valid right-of-way on land included in the Monument that is in existence on the date of enactment of this Act; or affects the ability of an owner of a private inholding within, or private land adjoining, the boundary of the Monument to obtain permits or easements from any Federal agency with jurisdiction over the Monument to support existing uses, access, management, or maintenance of the private property. Nothing in this section— constitutes an express or implied claim or denial on the part of the Federal Government regarding an exemption from State water laws; or prohibits access to existing water infrastructure within the boundaries of the Monument. Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe.
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Sec. 3
Establishment of Sutton Mountain National Monument
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