Castner Range National Monument Act

I 116TH CONGRESS 2D SESSION H. R. 6234 To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 12, 2020 Ms. ESCOBAR introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Castner Range National Monument Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6234 IH Sec. 3. Establishment of Castner Range National Monument, Texas. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands within the National Monument. Sec. 6. Water. Sec. 7. Border security. Sec. 8. Department of Army responsibility and authority. Sec. 9. Castner Range National Monument Advisory Council. Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADVISORY COUNCIL.—The term ‘‘advisory 3 council’’ means the Castner Range National Monu- 4 ment Advisory Council. 5 (2) NATIONAL MONUMENT.—The term ‘‘Na- 6 tional Monument’’ means the Castner Range Na- 7 tional Monument. 8 (3) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior. 10 (4) STATE.—The term ‘‘State’’ means the State 11 of Texas. 12 SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL 13 MONUMENT, TEXAS. 14 (a) ESTABLISHMENT.—Subject to valid existing 15 rights, there is hereby established the Castner Range Na- 16 tional Monument in the State. 17 (b) AREA INCLUDED.—The National Monument con- 18 sists of Federal land and interests in Federal land within 19 El Paso County, Texas, as depicted on the map entitled 20 ‘‘Castner Range National Monument’’. 21 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6234 IH (c) EXCLUSION OF NON-FEDERAL LAND.—The Na- 1 tional Monument includes only Federal land and interests 2 in Federal land and does not include or apply to private 3 property or other non-Federal land and interests in land 4 within the exterior boundaries of the National Monument. 5 (d) PURPOSE.—The purpose of the National Monu- 6 ment is to conserve, protect, and enhance for the benefit 7 and enjoyment of present and future generations the eco- 8 logical, scenic, wildlife, recreational, cultural, historical, 9 natural, educational, and scientific resources of the lands 10 included in the National Monument, including Castner 11 Range and its— 12 (1) relationship to the Department of the Army; 13 (2) role as a water conservation sanctuary 14 through a dozen natural canyons, arroyos (‘‘gullies, 15 washes’’) and alluvial fans which efficiently trans- 16 port run-off from the heights through seepage into 17 the large underground Hueco Bolso´n (‘‘aquifer’’, 18 which along with the West Side Mesilla Bolso´n sup- 19 plies much of El Paso’s water); 20 (3) historical significance, as it contains numer- 21 ous archaeological and historical resources that date 22 as far back as the Paleo-Indian, Archaic and historic 23 Indian groups, lasted from about 8000 B.C. to 4000 24 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6234 IH B.C. and was initially characterized by big-game 1 hunting; 2 (4) significance as a habitat for an extremely 3 diverse aggregation of wildlife and plant species of 4 special concern that are thought to inhabit Castner 5 Range, including the sand prickly pear, the Texas 6 lyre snake, and the western burrowing owl; and 7 (5) significance as a one-of-a-kind vegetation 8 region that includes a mountainous area, cactus 9 lechuguilla region, and draw-yucca grassland region. 10 SEC. 4. ACCESS AND BUFFER ZONES. 11 (a) ACCESS.—The Secretary shall continue to provide 12 historical and adequate access to private inholdings within 13 the exterior boundaries of the National Monument. 14 (b) BUFFER ZONES.—Nothing in this Act creates a 15 protective perimeter or buffer zone around the National 16 Monument. The fact that any activities or uses outside 17 of areas designated by this Act can be seen or heard within 18 the National Monument shall not preclude the activities 19 or uses outside of the National Monument. 20 (c) USE OF EASEMENTS.—Nothing in this Act shall 21 affect currently used easements located within the Na- 22 tional Monument, including the use of Trans Mountain 23 Highway, the National Border Patrol Museum, El Paso 24 Museum of Archaeology, and the El Paso Water Utilities. 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6234 IH SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NA- 1 TIONAL MONUMENT. 2 (a) BASIS OF MANAGEMENT.— 3 (1) APPLICABLE LAWS.—The Secretary shall 4 manage the National Monument in a manner that 5 conserves, protects, and enhances the natural re- 6 sources and values of the National Monument, in ac- 7 cordance with— 8 (A) this Act; 9 (B) the Federal Land Policy and Manage- 10 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 11 (C) the Act of June 17, 1902 (commonly 12 known as the Reclamation Act of 1902; 32 13 Stat. 388), and Acts amendatory thereof and 14 supplemental thereto. 15 (2) RESOLUTION OF CONFLICTS.—If there is a 16 conflict between a provision of this Act and a provi- 17 sion of one of the other laws specified in paragraph 18 (1), the more restrictive provision shall control. 19 (b) TRIBAL CULTURAL USES.—Nothing in this Act 20 shall be construed to enlarge or diminish the rights of any 21 Indian Tribe. 22 (c) MANAGEMENT PLAN.— 23 (1) IN GENERAL.—The Secretary shall develop 24 a comprehensive plan for the protection and man- 25 agement of the National Monument that fulfills the 26 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6234 IH purposes specified in section 3. In implementing the 1 management plan and in considering any rec- 2 ommendations from the advisory council, the Sec- 3 retary shall consult with the advisory council on a 4 regular basis. 5 (2) PURPOSES.—The management plan shall— 6 (A) describe the appropriate uses and 7 management of the National Monument; 8 (B) identify short-term and long-term 9 management actions and prioritize management 10 actions based on projected availability of re- 11 sources; 12 (C) include a habitat restoration opportu- 13 nities component; 14 (D) include a recreational opportunity en- 15 hancement component; and 16 (E) include a component that addresses 17 the Secretary of Army’s remediation of haz- 18 ardous substances or munitions and explosives 19 of concern within the National Monument. 20 (3) PUBLIC PARTICIPATION AND SPECIAL CON- 21 SIDERATIONS.—In developing the management plan, 22 and to the extent consistent with this section, the 23 Secretary— 24 (A) shall solicit extensive public input; 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6234 IH (B) shall take into consideration any infor- 1 mation developed in studies of the land within 2 the National Monument; 3 (C) shall assess available climate change 4 information pertinent to the National Monu- 5 ment; 6 (D) shall include standards and practices 7 to ensure the preservation of wildlife corridors 8 and facilitate species migration; and 9 (E) may incorporate any provision from a 10 resource management plan, land and resource 11 management plan, or any other plan applicable 12 to the National Monument. 13 (d) COOPERATIVE AGREEMENTS.—In carrying out 14 this Act, the Secretary may make grants to, or enter into 15 cooperative agreements with, State, Tribal, and local gov- 16 ernmental entities and private entities to conduct re- 17 search, develop scientific analyses, and carry out any other 18 initiative relating to the restoration or conservation of the 19 National Monument. 20 (e) MOTORIZED AND MECHANIZED VEHICLES.—Ex- 21 cept where needed for administrative purposes or to re- 22 spond to an emergency, the use of motorized and mecha- 23 nized vehicles on lands within the National Monument 24 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6234 IH shall be permitted only on roads and trails designated for 1 their use. 2 (f) ACQUISITION AND INCORPORATION OF LANDS 3 AND INTERESTS.— 4 (1) AUTHORITY.—The Secretary may acquire 5 non-Federal land within the exterior boundaries of 6 the National Monument only through exchange, do- 7 nation, or purchase from a willing seller. 8 (2) MANAGEMENT.—Any land or interest in 9 land that is located within the National Monument 10 that is acquired by the United States shall— 11 (A) become part of the National Monu- 12 ment; and 13 (B) be managed in accordance with this 14 Act. 15 (g) WITHDRAWAL.—Subject to valid existing rights, 16 all Federal land within the National Monument is with- 17 drawn from— 18 (1) entry, appropriation, or disposal under the 19 public land laws; 20 (2) location, entry, and patent under the mining 21 laws; and 22 (3) leasing or disposition under all laws relating 23 to operation of the mineral leasing, mineral mate- 24 rials, and geothermal leasing laws. 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 6234 IH (h) LIMITED CONVEYANCE AUTHORITY.—The Sec- 1 retary may authorize the conveyance of Federal land with- 2 in the National Monument if— 3 (1) the purpose for which the land is to be con- 4 veyed is consistent with the purposes specified in 5 section 3; 6 (2) the conveyance would benefit the National 7 Monument and is in the public interest, as deter- 8 mined by the Secretary; and 9 (3) the conveyance is made in accordance with 10 applicable laws (including regulations). 11 (i) WILDLAND FIRE OPERATIONS.—Nothing in this 12 section prohibits the Secretary, in cooperation with other 13 Federal, State, and local agencies, as appropriate, from 14 conducting wildland fire operations in the National Monu- 15 ment consistent with the purposes specified in section 3. 16 SEC. 6. WATER. 17 Nothing in this Act— 18 (1) affects the use or allocation, in existence on 19 the date of enactment of this Act, of any water, 20 water right, or interest in water; 21 (2) affects any vested absolute or decreed condi- 22 tional water right in existence on the date of enact- 23 ment of this Act, including any water right held by 24 the United States; 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 6234 IH (3) affects any interstate water compact in ex- 1 istence on the date of the enactment of this Act; 2 (4) authorizes or imposes any new reserved 3 Federal water rights; or 4 (5) relinquishes or reduces any water rights re- 5 served or appropriated by the United States in the 6 State on or before the date of the enactment of this 7 Act. 8 SEC. 7. BORDER SECURITY. 9 (a) IN GENERAL.—Nothing in this Act— 10 (1) prevents the Secretary of Homeland Secu- 11 rity from conducting— 12 (A) undertaking law enforcement and bor- 13 der security activities, in accordance with sec- 14 tion 4(c) of the Wilderness Act (16 U.S.C. 15 1133(c)), including the ability to use motorized 16 access within an area while in pursuit of a sus- 17 pect; or 18 (B) any low-level flights over the area that 19 may be necessary for law enforcement and bor- 20 der security purposes; or 21 (2) affects the 2006 Memorandum of Under- 22 standing among the Department of Homeland Secu- 23 rity, the Department of the Interior, and the De- 24 partment of Agriculture regarding cooperative na- 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 6234 IH tional security and counterterrorism efforts on Fed- 1 eral lands along the borders of the United States. 2 (b) WITHDRAWAL AND ADMINISTRATION OF CER- 3 TAIN AREA.—Nothing in this section precludes the Sec- 4 retary from allowing within the area described in sub- 5 section (a)(1)(A) the installation and maintenance of com- 6 munication or surveillance infrastructure necessary for law 7 enforcement or border security activities. 8 SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AU- 9 THORITY. 10 (a) RESPONSIBILITY.—Nothing in this Act shall af- 11 fect— 12 (1) the responsibility of the Department of the 13 Army under applicable environmental laws, including 14 the remediation of hazardous substances or muni- 15 tions and explosives of concern within the National 16 Monument boundaries; 17 (2) the statutory authority of the Department 18 of the Army to control public access or statutory re- 19 sponsibility to make other measures for environ- 20 mental remediation, monitoring, security, safety, or 21 emergency preparedness purposes; 22 (3) the activities of the Department of the 23 Army on lands not included within the National 24 Monument; or 25 VerDate Sep 11 2014 02:32 Mar 26, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6234.IH H6234 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 6234 IH (4) the responsibility of the Department of the 1 Army, in consultation with the Secretary (acting 2 through the Bureau of Land Management), to con- 3 tinue to manage the lands and interests in lands 4 under the Secretary’s jurisdiction within the Na- 5 tional Monument boundaries until the Army trans- 6 fers administrative jurisdiction of those lands and 7 interests in lands to the Bureau of Land Manage- 8 ment. 9 (b) AUTHORITY.—The Secretary of the Army and the 10 Secretary may enter into a mem [Text truncated for display. Full text available on Congress.gov.]