H.R. 6451 – Reading Mode

117th CONGRESS

2d Session

H. R. 6451

IN THE HOUSE OF REPRESENTATIVES

January 20, 2022

Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To establish the Chiricahua National Park in the State of Arizona as a unit of the National Park System, and for other purposes.

Short title

This Act may be cited as the Chiricahua National Park Act.

Definitions

In this Act:

(1)

Commission

The term Commission means the Tribal commission established under section 4(c).

(2)

Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(3)

Monument

The term Monument means the Chiricahua National Monument established by Presidential Proclamation 1692 (54 U.S.C. 320301 note; 43 Stat. 1946).

(4)

National park

The term National Park means the Chiricahua National Park established by section 3(a).

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of Arizona.

Designation of chiricahua national park

(a)

In general

To protect, preserve, and interpret the rhyolitic rock formations, biodiversity, and other natural and cultural resources of the area, the Chiricahua National Monument in the State shall be known and designated as the Chiricahua National Park.

(1)

Incorporation

The land and any interest in land that constitute the Monument (as in existence on the day before the date of the enactment of this Act) are incorporated in, and shall be considered to be part of, the National Park.

(2)

Availability of funds

Any funds available for the Monument shall be available for the National Park.

(b)

Boundaries

(1)

In general

The boundaries of the National Park are as generally depicted on the map entitled Chiricahua National Park Proposed Boundary, numbered 145/156,356, and dated March 2021.

(2)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

References

(1)

In general

Any reference in a law, map, regulation, document, paper, or other record of the United States to the Chiricahua National Monument shall be deemed to be a reference to the Chiricahua National Park.

(2)

Wilderness

Any reference in a law, map, regulation, document, paper, or other record of the United States to the Chiricahua National Monument Wilderness designated by Public Law 94–567 (16 U.S.C. 1132 note; 90 Stat. 2692) shall be considered to be a reference to the Chiricahua National Park Wilderness.

(3)

Administration

The Secretary shall administer the Park in accordance with—

(A)

this Act; and

(B)

the laws generally applicable to units of the National Park System.

Management of Chiricahua National Park

(a)

Traditional cultural and religious sites

(1)

In general

The Secretary, in consultation with Indian Tribes, shall ensure the protection of traditional cultural and religious sites in the National Park.

(2)

Access

The Secretary, in accordance with Public Law 95–341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996 et seq.) shall ensure access to the sites described in paragraph (1) by members of Indian Tribes for traditional, cultural, religious, and customary uses.

(3)

Temporary closures

(A)

In general

In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public one or more specific portions of the National Park to protect traditional cultural and customary uses in the area by members of the Indian Tribe.

(B)

Requirement

Any closure under subparagraph (A) shall be—

(i)

made in such a manner as to affect the smallest practicable area for the minimum time necessary for the activity to be carried out; and

(ii)

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) and the Wilderness Act (16 U.S.C. 1131 et seq.).

(b)

Collection of plants and mineral resources by members of culturally affiliated indian tribes

(1)

In general

The Secretary shall allow an enrolled member of any Indian Tribe that is culturally affiliated with the land located within the boundaries of the National Park to collect plants, including parts or products of plants, and mineral resources within the National Park for noncommercial traditional, religious, customary, and cultural uses.

(2)

Application

(A)

In general

Except as provided in subparagraph (B), a collection activity under paragraph (1) shall be—

(i)

consistent with applicable laws; and

(ii)

subject to such conditions as the Secretary determines to be necessary to protect the resources and values of the National Park.

(B)

Quantity limitations

(i)

Existing regulations

No quantity limitation contained in a regulation of the National Park Service in effect on the date of the enactment of this Act shall apply to a collection activity under paragraph (1).

(ii)

Limitations imposed by secretary

The Secretary may limit the quantity of plants, including parts or products of plants, and mineral resources collected under paragraph (1) if the Secretary determines, through consultation with the Commission, that the limitation is necessary to protect the resources and values of the National Park.

(c)

Tribal commission

(1)

In general

To ensure that the management of the National Park reflects the expertise and traditional and historical knowledge of members of applicable Indian Tribes, the Secretary shall establish a Tribal commission for the National Park.

(2)

Purpose

The commission shall provide guidance and recommendations on the development and implementation of the management plans for, and the policies of, the National Park.

(3)

Membership

The commission shall consist of 1 representative designated by the governing body of each Indian Tribe with a historical association with the area within the boundaries of the National Park.

(4)

Incorporation of recommendations

In developing plans and policies for the National Park, the Secretary shall carefully and fully consider incorporating the traditional and historical knowledge and special expertise of members of the commission or a comparable entity.

(5)

Written explanation

If the Secretary determines not to incorporate a specific recommendation submitted to the Secretary in writing by the commission, the Secretary shall provide to the commission a written explanation of the reason for the determination.

(d)

Withdrawal from federal mining and mineral leasing laws

(1)

Withdrawal

Subject to valid existing rights in effect on the date of the enactment of this Act, the land located within the boundaries of the National Park is withdrawn from—

(A)

location, entry, and patent under the mining laws; and

(B)

disposition under all laws pertaining to mineral and geothermal leasing.

(2)

Acquired land

Any land or interest in land that is acquired by the United States after the date of the enactment of this Act for inclusion in the National Park, shall, on acquisition, be immediately withdrawn in accordance with this subsection.

(3)

Effect

Nothing in this subsection affects any recreational use, including hunting or fishing, that is authorized on the land within the boundaries of the National Park under applicable law as of the date of the enactment of this Act.