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Code · BILL · 118th Congress · H.R. 9257 (Introduced in House) — To establish the Great Bend of the Gila National Monument in the State of Arizona, and for other purposes. · Sec. 4

Sec. 4. Management of national monument

772 words·~4 min read·/bill/118/hr/9257/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Secretary shall manage the National Monument— in a manner that— conserves, protects, and enhances the resources of the National Monument; and preserves and protects sacred sites and traditional cultural properties; in consultation with the Tribal Commission; as a component of the National Landscape Conservation System; and in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. );
Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ; 42 U.S.C. 1996 ); this Act; and any other applicable law. Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a comprehensive land management plan providing for the long-term protection and management of the National Monument. In developing a land management plan, the Secretary shall— consult with— Indian Tribes; appropriate State and local governmental entities; and members of the public; and provide for continued access for wildlife management within the National Monument by the State during the development of the land management plan.
The land management plan shall— describe the appropriate uses and management of the National Monument; provide for traditional uses of the National Monument by members of Indian Tribes; include the Traditional Ecological Knowledge or special expertise offered by Indian Tribes and provisions to appropriately protect that knowledge; provide for the protection and preservation of cultural resources within the National Monument; incorporate provisions for continued meaningful engagement with Indian Tribes in the implementation of the land management plan; emphasize the retention of natural quiet, dark night skies, and scenic attributes of the landscape; include comprehensive travel management plans; maintain the undeveloped character of the lands within the National Monument; minimize impacts from surface-disturbing activities; and provide for appropriate access for livestock grazing, recreation, hunting, wildlife management, and scientific research.
Except as provided in paragraph
(2)and as necessary in an emergency, no new permanent or temporary roads or other motorized vehicle routes shall be constructed within the National Monument after the date of the enactment of this Act. The Secretary shall allow access, in accordance with applicable law, to— non-Federal land and interests in non-Federal land within the National Monument; and trust or restricted lands or a trust or restricted interest in land (as defined by section 201(4) of the Indian Land Consolidation Act ( 25 U.S.C. 2201(4) )) within the National Monument. Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Map as Proposed Resource Protection Area shall be prohibited. The Secretary shall consult with interested Indian Tribes with respect to the management of the National Monument. The Secretary shall ensure that management decisions affecting the National Monument are informed by and reflect Tribal expertise and Traditional Ecological Knowledge. In carrying out this Act, the Secretary may contract with 1 or more Indian Tribes 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 Secretary may provide technical and financial assistance to an Indian 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 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 Secretary 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 Indian Tribe. Any closure under paragraph (1)— shall be made so as to affect the smallest practicable area for the minimum period of time necessary; shall be in accordance with the requirements of applicable law, including division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act ); and may not be made permanent. Access by members of an Indian Tribe to a portion of the National Monument closed under paragraph
(1)shall be consistent with purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ; 42 U.S.C. 1996 et seq. ).
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