Sec. 5. Administrative provisions

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Subject to valid existing rights, all Federal land in the National Monument (including any land acquired by the Secretary within the National Monument after the date of the enactment of this Act) is withdrawn from— all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. The Secretary may acquire land or an interest in land within the boundaries of the National Monument by purchase from a willing seller, donation, or exchange.

The Secretary, in collaboration with the Arizona State Land Department, shall seek to acquire by exchange or purchase from a willing seller those lands generally depicted on the Map as Lands Identified for Potential Acquisition . Land acquired under this subsection shall— become part of the National Monument; and be managed in accordance with this Act and any other applicable laws. Nothing in this Act shall be construed to prohibit grazing within the National Monument pursuant to existing leases or permits, or the renewal or assignment of such leases or permits.

The Secretary shall continue to administer grazing within the National Monument in accordance with the applicable laws, regulations, and policies. Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. Nothing in this Act— affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; affects any claims or right to water not asserted or finally determined as of the date of enactment of this Act; affects any interstate water compact in existence on the date of enactment of this Act; authorizes or imposes any new reserved Federal water rights; or relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

Nothing in this Act restricts or precludes— low-level overflights of military aircraft over the National Monument, including military overflights that can be seen or heard within the National Monument; flight testing and evaluation; or the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Monument. Nothing in this Act shall be construed to create a protective perimeter or buffer zone around the National Monument.

The fact that activities or uses can be seen or heard from areas within the National Monument shall not preclude the conduct of the activities or uses outside the boundary of the National Monument. Nothing in this Act alters or diminishes— the treaty rights of any Indian Tribe; or the hunting, fishing, and gathering rights of the Tohono O’odham Nation recognized by section 4(b) of the Gila Bend Indian Reservation Lands Replacement Act ( Public Law 99–503 ). Nothing in this Act, unless inconsistent with proper care and management of the National Monument, precludes or interferes with renewing, assigning, operating, maintaining, replacing, modifying, upgrading, or accessing any of the following, within or adjacent to the boundary of the National Monument:

Flood control, utility, pipeline, and telecommunications facilities. Roads or highway corridors. Seismic monitoring facilities. Other water infrastructure, including wildlife water developments and water district facilities. With respect to a facility described in subparagraph (A), (C), or

(D)of paragraph

(1)that is within or adjacent to the boundary of the National Monument, subject to section 5(a) and any other applicable law— an existing facility may be expanded; and a new facility may be constructed.

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Pub. L. 99-503

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Sec. 5

Administrative provisions

Pub. L.Pub. L. 99-503

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