Sec. 5. Management of the National Monument
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The Secretaries shall administer the National Monument— in a manner that conserves, protects, and enhances the resources of the National Monument; in accordance with— this Act; the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and any other applicable laws; and in the case of National Monument land under the jurisdiction of the Secretary of the Interior, as a component of the National Landscape Conservation System. Not later than 2 years after the date of enactment of this Act, the Secretaries shall develop a comprehensive management plan for the long-term management of the National Monument.
The Secretaries shall— in developing the management plan, consult with— appropriate entities of the Federal Government and Tribal, State, and local governments; the Tribal commission; and members of the public; and allow for continued access for the wildlife management within the National Monument by the State during the development of the management plan. The management plan shall— describe the appropriate uses of the National Monument; to the maximum extent practicable, provide for the careful and full incorporation of the traditional and historical knowledge and special expertise of the Associated Tribes in the management plan; identify opportunities for Associated Tribes to participate in the co-stewardship of resources within the National Monument; identify opportunities to protect and preserve Indian sacred sites (as defined in section 1(b) of Executive Order 13007 ( 42 U.S.C. 1996 note; relating to Indian sacred sites)) and traditional and cultural sites and ensure access to those sites for Tribal activities, including for spiritual purposes, cultural purposes, and traditional plant-based food and plant-based medicine-gathering purposes, by members of the Associated Tribes; identify short-term and long-term management actions and prioritize those management based on the projected availability of resources; authorize the appropriate use of motorized and mechanized vehicles in the National Monument, including providing for the maintenance of appropriate roads, in accordance with the protection of resources within the National Monument; provide for continued recreational uses of the National Monument, including hunting, fishing, hiking, camping, mountain biking, birding, and horseback riding, to the extent that those uses are consistent with this Act and applicable law; and incorporate any provision of an applicable land and resource management plan that the Secretaries consider to be appropriate, in consultation with the Associated Tribes.
Not less frequently than annually, the Secretaries shall review the management plan to ensure the management plan is meeting the requirements of this Act. The Secretaries shall allow only those uses of the National Monument that the Secretaries determine would further the purpose of the National Monument. In carrying out this Act, the Secretaries shall, to the maximum extent practicable, make grants to, or enter into cooperative agreements or shared management arrangements with, the Associated Tribes to further the purpose of the National Monument.
In carrying out this Act, the Secretaries may contract with 1 or more Associated Tribes or Tribal organizations to perform administrative or management functions within the National Monument through contracts entered into under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ). The Secretaries may provide technical and financial assistance to an Associated Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5322 ) to improve the capacity of the Indian Tribe to develop, enter into, and carry out activities under a contract entered into under paragraph (1).
The Secretary of the Interior may approve funding agreements under title IV of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5361 et seq. ) for the management of programs and functions relating to the management and protection of traditional cultural properties and other culturally significant programming associated with the National Monument. The Secretaries may temporarily close to the general public the use of 1 or more specific portions of the National Monument to protect the privacy of cultural, religious, and gathering activities by members of an Associated Tribe.
Any closure under paragraph (1)— shall be made so as to affect the smallest practicable area for the minimum period of time necessary; and may not be made permanent. Access by members of an Associated Tribe to a portion of the National Monument closed under paragraph
(1)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. ). Except as provided in paragraph (2), the use of motorized or mechanized vehicles on land within the National Monument shall be allowed only on roads and trails designated for the use of motorized or mechanized vehicles by the management plan. The use of motorized or mechanized vehicles shall be allowed in the National Monument on roads and trails not designated by the management plan for the use of motorized or mechanized vehicles in cases in which the use is necessary— for administrative purposes; for wildlife management; to respond to an emergency; or to hunt and fish in accordance with all applicable laws (including regulations) and policies, including the guidelines detailed in the Arizona Off-Highway Vehicle Guide published by the Arizona Game and Fish Department. The grazing of livestock in the National Monument, if established or permitted before the date of enactment of this Act, shall be allowed to continue subject to all applicable laws (including regulations). The Secretary concerned shall allow commercial recreation activities within the National Monument in accordance with— this Act; and other applicable laws (including regulations). The Secretaries, in consultation with Associated Tribes, shall ensure adequate law enforcement presence with respect to law enforcement matters under the jurisdiction of the Secretaries to further the purpose and protect the resources of the National Monument. The Secretary concerned may permit sand and gravel operations within the National Monument in accordance with— this Act; and other applicable laws (including regulations). Hunting and fishing shall be authorized within the National Monument in accordance with— State law; treaty obligations of the United States; and any other applicable laws (including regulations). The hunting, fishing, or other taking of wildlife, authorized in accordance with paragraph (1), within the National Monument shall not be considered to conflict with the purposes of the National Monument or this Act. In accordance with any applicable laws (including regulations), the Secretaries shall— provide for the development and implementation of credible science-based habitat and ecological restoration projects within the National Monument; and collaborate with the State on wildlife management within the National Monument, including through the development of new, or continuation of existing, memoranda of understanding with the Arizona Game and Fish Department.
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U.S. Code
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- Pub. L. 95-341
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Sec. 5
Management of the National Monument
Pub. L.Pub. L. 95-341
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