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Code · BILL · 118th Congress · S. 5001 (Introduced in Senate) — To establish the Sáttítla National Monument in the State of California, and for other purposes. · Sec. 3

Sec. 3. Establishment of Sáttítla National Monument

1,403 words·~6 min read·/bill/118/s/5001/is/section-3

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Subject to valid existing rights, there is established the Sáttítla National Monument in the State, consisting of approximately 206,563 acres of Federal land administered by the Forest Service, as generally depicted on the Map. The purposes of the Monument are— to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Monument; and to provide for the cooperative and collaborative management of the Monument with culturally affiliated Indian Tribes.
The Secretary shall manage the Monument— in a manner that conserves, protects, and enhances the land and resources of the Monument; in accordance with— the principles of multiple use and sustained yield in accordance with the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); this Act; and any other applicable Federal law (including regulations); and in cooperation and collaboration with culturally affiliated Indian Tribes. The Secretary shall allow access to the Monument by members of a culturally affiliated Indian Tribe for traditional and cultural purposes.
In carrying out this paragraph, the Secretary, on the request of a culturally affiliated Indian Tribe and subject to valid existing rights and authorizations (including access to private property), may temporarily close any area of the Monument to the public to protect the privacy of Tribal activities for traditional and cultural purposes conducted by members of the culturally affiliated Indian Tribe. The access and use by members of a culturally affiliated Indian Tribe under this paragraph 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. ).
The Secretary shall continue to authorize and enhance recreation in the Monument, including camping, hiking, fishing, boating, backpacking, sightseeing, nature study, horseback riding, hunting, guard station and lookout recreation rentals, hang gliding, climbing, mountain biking, and motorized recreation on designated routes (including snowmobiling), if the recreational use is consistent with— the purposes described in subsection (b); this Act; other applicable Federal law (including regulations); applicable land management plans; and input from the Commission regarding potential impacts on culturally sensitive sites and resources.
The use of motorized vehicles within the Monument shall be permitted only in accordance with applicable Forest Service regulations in effect on the date of enactment of this Act. The Secretary shall permit the grazing of livestock in the 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. The Secretary shall not establish any new allotments for livestock grazing that include any Federal land in the Monument.
Nothing in this Act precludes the reauthorization, assignment (as applicable), or modification of special use authorizations for, or interferes with the operation, maintenance, enlargement, replacement, or upgrade of, or modification or access to, existing— flood control, electric utility facilities (including electric transmission facilities and electric distribution facilities), pipeline, and communications facilities within the Monument; roads or highway corridors within the Monument; seismic monitoring facilities within the Monument; or other water infrastructure (including wildlife water development) or water district facilities within or adjacent to the Monument.
To the extent consistent with the proper care and management of objects of historical, cultural, and scientific interest within the Monument and subject to the authorities of the Secretary and other applicable law, existing flood control, pipeline, communications, fire detection, seismic monitoring facilities, and water infrastructure (including wildlife water developments) and water district facilities may be expanded within the Monument. The Secretary may acquire through exchange, donation, or purchase from a willing seller valid mining claims or other valid existing rights within the Monument that the Secretary determines, after consultation with the Commission or a culturally affiliated Indian Tribe, threatens cultural resources within the Monument.
Subject to valid existing rights and except as provided in subparagraph (B), all Federal land located in the Monument is permanently 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. Any Federal land located in the Monument that is subject to a lease issued under the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) or under any other geothermal leasing or mineral leasing law that is in effect on the date of enactment of this Act shall be withdrawn on the date on which the applicable lease expires or is relinquished.
Nothing in this Act enlarges, diminishes, otherwise modifies, or abrogates the treaty rights of any Indian Tribe, including any off-reservation reserved treaty rights. Nothing in this section enlarges or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of fishing and hunting within the Monument. Subject to clause
(ii)and applicable law, the Secretary may issue orders restricting the areas in which, and establishing periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or fishing will be permitted within the Monument. Except in emergencies and for closures issued for culturally affiliated Indian Tribes under paragraph (2)(B), the Secretary shall consult with the appropriate State agency before issuing orders under clause
(i)that restrict or prohibit hunting or fishing within the Monument. Management activities (including the use of motorized vehicles by appropriate State agencies) to maintain, enhance, or restore fish and wildlife populations and the habitats to support fish and wildlife populations may be carried out within the Monument, subject to applicable laws (including regulations). As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of the Monument. The map and legal description submitted under subparagraph
(A)shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the legal description and the map. In the case of a conflict between the map and the legal description submitted under subparagraph (A), the map shall control. Copies of the map and legal description submitted under subparagraph
(A)shall be on file and available for public inspection in the appropriate offices of the Forest Service. Nothing in this Act prevents the Secretary from authorizing new rights-of-way within the Monument that the Secretary determines, in consultation with applicable State and local agencies and culturally affiliated Indian Tribes, are consistent with— this Act; applicable Federal laws (including regulations); the purposes described in subsection (b); the management plan; and the care and proper management of objects of cultural and scientific interest within the Monument. In accordance with this Act, applicable law (including regulations), and the fire management plan developed under section 4(e), the Secretary may take any measures within the Monument that the Secretary determines to be necessary to prevent, control, or clean up damage caused by fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency and ongoing landscape restoration efforts associated with vegetation management for watershed protection, hazardous fuels reduction, and forest health. As of the date of enactment of this Act— any land within the Monument shall be considered unsuitable for timber production; and any vegetation management activities within the Monument that include a timber sale— shall be for the purpose of addressing wildfire, watershed protection, or forest health; and shall not be for the primary purpose of providing economic outcomes. Any land or interest in land within the boundary of the Monument that is acquired by the United States after the date of enactment of this Act shall— become part of the Monument; be withdrawn in accordance with paragraph (8); and be managed in accordance with— the principles of multiple use and sustained yield in accordance with the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. ); this Act; and any other applicable Federal law (including regulations). There are authorized to be appropriated to the Secretary such sums as are necessary— to establish the Monument; to perform any necessary mitigation, as determined by the Secretary, within or adjacent to the Monument; and to otherwise carry out this section.
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  • Pub. L. 95-341
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Sec. 3
Establishment of Sáttítla National Monument
Pub. L.Pub. L. 95-341
Cites 4Cited by 0 across 0 sources
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