S4132-118

1. Short title This Act may be cited as the Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion Act of 2024.

2. Findings Congress finds that— the land designated as the Chuckwalla National Monument by this Act— is an area of national significance and historical and scientific interest requiring protection; is the ancestral homeland of the Iviatim, Kwatsáan, Maara’yam, Nüwü, Pipa Aha Macav, and other Tribal people, including the present-day Cahuilla, Chemehuevi, Mohave, Quechan, and Serrano Indian Tribes; continues to be regularly accessed and used by the Indian Tribes referred to in clause (i); and will continue to be used by the Indian Tribes referred to in clause (i) in the future; contains a complex trail system that— was established by Native Americans for various uses, including spiritual, travel, trade, and communication; and connects to regions outside of the boundaries of the Monument, including Avi Kwa Ame; includes sacred sites, historic properties, traditional cultural places and landscapes, sacred items, objects of cultural patrimony, human remains, religious sites, geoglyphs, petroglyphs, and pictographs with significant value to the survival and well-being of Tribal people and the knowledge systems of Tribal people; includes plants, wildlife, water sources, and minerals that are connected together as part of a greater cultural landscape; has nationally significant biodiversity, due to the location in the transitional zone where the Sonoran Desert and Mojave Desert come together; is home to a wide variety of topography and elevation, leading to distinct microclimates and ecosystems; is largely intact, undeveloped, and adjacent to other federally protected areas, such as Joshua Tree National Park, the Indian Pass Wilderness, and the Palen/McCoy Wilderness; is a refuge for over 150 plant species, many of which cannot be found anywhere else, including— Munz’s cholla, the largest endemic cacti in the State, which is located on the Chuckwalla Bench; the California fan palm, a plant managed and used extensively by Tribal people for thousands of years, which is found in oases at Corn Springs, the Mecca Hills Wilderness, and other locations in which tectonic movements allow groundwater to seep up; the triple-ribbed milk-vetch, which is listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and other sensitive species, including Emory’s crucifixion thorn and Mecca-aster; hosts— some of the most extensive microphyll woodlands (which are small-leaf trees, such as ironwood and palo verde) in the State in places such as Milpitas Wash, a habitat critical to the survival of Tribal people; and many wildlife species, including the burro deer and migrating birds; offers— core habitat and essential migration pathways for wildlife, including over 50 sensitive animal species, including— critical habitat for the Agassiz’s desert tortoise, which is listed as threatened under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and critical habitat for the desert bighorn sheep, which is an iconic species with declining numbers; habitat in microphyll woodlands for large numbers of resident and migratory birds, which is crucial amid the otherwise major decline in bird numbers recorded in North America over the 50-year period preceding the date of enactment of this Act; and former habitat for the endangered Sonoran pronghorn in the Chuckwalla Bench, the site of a multi-year reintroduction effort that is already underway; offers important glimpses into key periods in regional history, such as— the gold seekers who used an existing Indigenous route to establish what is now the Bradshaw Trail in the 1870s; and the invaluable training of more than 1,000,000 soldiers from across the United States during the period from 1942–1944 in which the land was part of the Desert Training Center, which is also known as the California-Arizona Maneuver Area, including Patton’s Hill, which was used by General Patton for observing training maneuvers; provides outstanding outdoor recreation opportunities to local communities and visitors, including hiking, horseback riding, motorized vehicle use and mountain biking on designated routes of travel, wildlife viewing, hunting, climbing, rockhounding, picnicking, and camping; offers inexpensive access to public land for disadvantaged communities, including the farming and farm laboring communities of the eastern Coachella Valley and Blythe regions; and is near or adjacent to solar Development Focus Areas that have some of the best solar energy potential in the world, the development and operation of which is critical to meeting the urgent need of the United States to decrease greenhouse gas emissions; and the Indian Tribes referred to in paragraph (1)(B)(i) have a longstanding relationship to the land on which the Monument is located, acting as stewards of the land since time immemorial, with obligations to care for the cultural, spiritual, and natural resources provided to those Indian Tribes by the land, including sacred places, plants, wildlife, water sources, and minerals.

3. Definitions In this Act: The term Advisory Council means the Chuckwalla National Monument Advisory Council established under section 6(a). The term Commission means the Chuckwalla National Monument Tribal Commission established under section 5(a). The term culturally affiliated Indian Tribe means an Indian Tribe that is determined by the Secretary to have a cultural connection to the Monument. The term Desert Renewable Energy Conservation Area Plan means the Record of Decision for the Desert Renewable Energy Conservation Plan Land Use Plan Amendment to the California Desert Conservation Area Plan, Bishop Resource Management Plan, and Bakersfield Resource Management Plan by the Bureau of Land Management, dated September 2016. The term Development Focus Area means a Development Focus Area designated in the Desert Renewable Energy Conservation Area Plan/Land Use Plan Amendment to the California Desert Conservation Area Plan, Bishop Resource Management Plan, and Bakersfield Resource Management Plan prepared by the Bureau of Land Management and dated September 2016. The term electric utility facility means any infrastructure associated with or necessary for the siting, construction, or operation and maintenance of electric transmission or distribution lines. The term electric utility facility includes an electric substation, a communication facility, a tower, a pole, a line, a ground wire, a communications circuit, and any other similar or related infrastructure. The term Indian Tribe means the governing body of any Indian Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the most recent list published by the Secretary under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). The term management plan means the management plan for the Monument developed under section 4(c)(17). The term Map means the map entitled Proposed Chuckwalla National Monument and Joshua Tree National Park Expansion and dated March 14, 2024. The term Monument means the Chuckwalla National Monument established by section 4(a). The term Secretary means the Secretary of the Interior. The term State means the State of California.

4. Designation of chuckwalla national monument Subject to valid existing rights, there is established the Chuckwalla National Monument in the State, consisting of approximately 621,000 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the Map. The purpose of the Monument is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations, through cooperative and collaborative management with culturally affiliated Indian Tribes, the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Monument. The Secretary— shall manage the Monument— in a manner that conserves, protects, and enhances the resources of the Monument; in accordance with— the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); this section; and any other applicable law (including regulations); in cooperation and collaboration with culturally affiliated Indian Tribes; and as a component of the National Landscape Conservation System; and shall only allow uses of the Monument that— are described in or otherwise consistent with this section; or in the determination of the Secretary, would further the purpose described in subsection (b). To the maximum extent practicable and in accordance with applicable laws, on request of a culturally affiliated Indian Tribe, the Secretary shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the culturally affiliated Indian Tribe with respect to management of the Monument under relevant Federal authority, including— the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments); Secretarial Order 3342, issued by the Secretary on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with Federally recognized Indian Tribes in the management of Federal lands and resources); and Joint Secretarial Order 3403, issued by the Secretary and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters). The Secretary shall ensure access to the Monument by members of a culturally affiliated Indian Tribe for traditional cultural purposes and activities. In carrying out this paragraph, the Secretary, on the request of a culturally affiliated Indian Tribe, may temporarily close to the general public use of 1 or more specific portions of the Monument to protect the privacy of traditional cultural activities in the temporarily closed portion 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, backpacking, sightseeing, nature study, horseback riding, hunting, hang gliding, climbing, mountain biking and motorized recreation on authorized routes, and the noncommercial collecting of rocks, minerals, and semi-precious gemstones, if the recreational use is consistent with— the purpose described in subsection (b); this section; other applicable law (including regulations); applicable management plans; and input from the Commission regarding potential impacts to culturally sensitive sites and resources. Except as provided in subparagraph (B), the use of motorized vehicles within the Monument shall be permitted only on routes designated for the use of motorized vehicles by the transportation management plan prepared under paragraph (17)(D). Notwithstanding subparagraph (A), the use of motorized vehicles within the Monument may be permitted if the use is necessary— for administrative purposes; and for constructing or servicing, consistent with paragraphs (1) and (7)— electric utility facilities (including electric transmission facilities and electric distribution facilities); or renewable energy projects near or adjacent to the Monument; or to respond to an emergency. Except as provided in clause (ii), until the date on which the transportation management plan required under paragraph (17)(D) is completed, the use of motorized vehicles in the Monument shall be permitted only on— the routes that are legally designated for such use on the date of enactment of this Act; and any routes necessary for a purpose described in subparagraph (B), including the purposes described in clause (ii) of that subparagraph, subject to the requirements of that subparagraph. Nothing in clause (i) prevents the Secretary from closing roads, trails, or areas to motorized vehicles— to protect natural or cultural resources; or for public safety. The Secretary shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act). Nothing in this Act precludes the renewal, assignment, or enlargement of, or interferes with the operation, maintenance, replacement, modification, upgrade, or access to, existing— flood control facilities, electric utility facilities (including electric transmission facilities and electric distribution facilities), pipeline facilities, and telecommunications facilities within the Monument; roads or highway corridors within the Monument; seismic monitoring facilities within the Monument; or other water infrastructure, including wildlife water developments or water district facilities, within or adjacent to an existing authorization boundary of the Monument. To the extent consistent with the proper care and management of objects of historical and scientific interest at the Monument and subject to the authorities of the Secretary and other applicable law— existing flood control facilities, electric utility facilities (including electric transmission facilities and electric distribution facilities), pipeline facilities, telecommunications facilities, and seismic monitoring facilities and other water infrastructure, including wildlife water developments or water district facilities, may be expanded within the Monument; and new flood control facilities, electric utility facilities (including electric transmission facilities and electric distribution facilities), pipeline facilities, and telecommunications facilities are permitted 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, all Federal land located in the Monument 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. Nothing in this Act creates a protective perimeter or buffer zone around the Monument. The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument. The development and operation of renewable energy facilities, related energy storage facilities, and associated infrastructure, including electric utility facilities (including electric transmission facilities and electric distribution facilities), in Development Focus Areas near or adjacent to the Monument shall not be affected by the establishment or management of the Monument. Nothing in this section affects renewable energy development (including related energy storage or electric utility facilities, including electric transmission facilities and electric distribution facilities) on any land near or adjacent to the Monument. Nothing in this Act precludes— low-level overflights of military aircraft over the Monument; the landing and takeoff of military aircraft in designated landing zones in accordance with all aviation safety regulations; the designation of new units of special airspace over the Monument; the use or establishment of military flight training routes over the Monument; or the use of Federal land within the Monument for off-road or off-trail training pursuant to agreements between the Secretary and the Secretary of Defense. Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe, including off-reservation reserved rights. Nothing in this section 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), the Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Monument. Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under clause (i) that close a portion of the Monument to hunting, fishing, or trapping. Management activities (including the use of motorized vehicles by appropriate State agencies, subject to applicable laws (including regulations)) 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. In accordance with applicable law (including regulations), the Secretary may authorize structures and facilities, including maintenance of existing structures and facilities, for wildlife water development projects, including guzzlers, in the Monument, if— the structures and facilities are necessary to fulfill the purpose described in subsection (b); the structures and facilities would, as determined by the Secretary, promote healthy, viable, and more naturally distributed wildlife populations; and the visual impacts of the structures and facilities on the Monument can reasonably be minimized. 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, including to ensure that there is no overlap between the Monument and Development Focus Areas. 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 Bureau of Land Management. Nothing in this Act prevents the Secretary from approving 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 laws (including regulations); the Desert Renewable Energy Conservation Area Plan; the purpose described in subsection (b); the management plan; and the care and proper management of objects of historical and scientific interest within the Monument. Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Monument. The Secretary shall— in developing the management plan, consult with— culturally affiliated Indian Tribes; appropriate State and local governmental entities; the Advisory Council; members of the public; and affected renewable energy developers and local electric utility companies; and in making management decisions relating to the Monument, consult with culturally affiliated Indian Tribes. The management plan— shall— assess opportunities to improve recreational opportunities within, and access to, the Monument in a manner that— conserves, protects, and enhances resources of the Monument resources; and furthers the purpose described in subsection (b); incorporate traditional ecological knowledge; and identify opportunities to interpret Monument resources for members of the public; and shall not— impact renewable energy projects in Development Focus Areas near or adjacent to the Monument; or interfere with the development of renewable energy (including related energy storage facilities or electric utility facilities, including electric transmission facilities and electric distribution facilities) or colocated telecommunications facilities on land near or adjacent to the Monument. For the purposes of protecting and restoring objects of historical and scientific interest within the Monument, as part of the management plan, the Secretary shall include a transportation plan that— designates the routes and trails on which motorized vehicle use and nonmotorized mechanized vehicle use will be allowed within the Monument; provides that— except as provided in subclause (II) or for emergency or authorized administrative purposes, including appropriate wildlife management, motorized vehicle use in the Monument shall be permitted only on routes and trails existing as of the date of enactment of this Act; notwithstanding subclause (I), the Secretary may designate additional routes or trails for motorized vehicle use in the Monument after the date of enactment of this Act for the purposes of public safety needs, access to existing or new electric utility facilities or infrastructure, or protection of objects of historical and scientific interest within the Monument; and the Secretary shall monitor motorized and non-motorized vehicle use and designated roads and trails to ensure proper care and management of objects of historical and scientific interest within the Monument. In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of an applicable land and resource management plan. If there is a conflict between this section and the Desert Renewable Energy Conservation Area Plan, the more restrictive provision shall control. In accordance with this Act and applicable law (including regulations), the Secretary may take any measures within the Monument that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency. 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 (9); and be managed in accordance with— the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); this section; and any other applicable law (including regulations).

5. Chuckwalla National Monument Tribal Commission Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a commission, to be known as the Chuckwalla National Monument Tribal Commission. The Commission shall include a representative from each culturally affiliated Indian Tribe. The Secretary shall conduct government-to-government consultation with each culturally affiliated Indian Tribe to determine the membership of the Commission. The Commission shall inform, and provide input to, the development and implementation of the management plan. The Secretary shall— consult with the Commission on— the development of the management plan; and providing guidance and recommendations to the Secretary on management decisions relating to the Monument; ensure that the management plan sets forth parameters for the continued meaningful engagement by the Commission in the implementation of the management plan; and incorporate into the management plan— the traditional and historical knowledge and special expertise of the Commission; public education and interpretation for traditional place names and the cultural significance of land within the Monument, as the Secretary and the Commission determine to be appropriate; and address funding, capacity building, and infrastructure for culturally affiliated Indian Tribes. The Commission shall establish any rules and procedures for the Commission that the Commission determines to be necessary.

6. Chuckwalla National Monument Advisory Council Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Chuckwalla National Monument Advisory Council. The Advisory Council shall advise the Secretary with respect to the development of the management plan. The Advisory Council shall be subject to— chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act); the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and any other applicable laws. The Advisory Council shall consist of 19 members, to be appointed by the Secretary, of whom, to the extent practicable— 1 member shall be appointed after considering the recommendations of the Riverside County Board of Supervisors; 1 member shall be appointed after considering the recommendations of the Imperial County Board of Supervisors; 1 member shall be appointed after considering the recommendations of the Secretary for Natural Resources of the State; 1 member shall be appointed to represent the Department of Defense; and 8 members shall— reside in, or within reasonable proximity to, Riverside or Imperial County in the State; and have backgrounds that reflect— the purpose described in section 4(b); and the interests of persons affected by the planning and management of the Monument, including representatives of— the renewable energy industry; electric utilities; private land owners; nongovernmental organizations managing land for conservation purposes; and environmental, recreational, tourism, or other non-Federal land interests. The Secretary shall ensure that the membership of the Advisory Council is fairly balanced in terms of— the points of view represented by the Advisory Council; and the functions to be performed by the Advisory Council. A member of the Advisory Council shall be appointed for a term of 3 years, except that, of the members first appointed— 5 shall be appointed for a term of 1 year; and 5 shall be appointed for a term of 2 years. A member may be reappointed to serve on the Advisory Council on the expiration of the term of the member. A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made. 8 members of the Advisory Council shall constitute a quorum. The operations of the Advisory Council shall not be impaired by the fact that a member has not yet been appointed if a quorum has been attained under paragraph (1). The Advisory Council shall— elect a chairperson from among the members of the Advisory Council; and establish any rules and procedures for the Advisory Council that the Advisory Council determines to be necessary. A member of the Advisory Council shall serve without pay. The Advisory Council shall terminate on— the date on which the management plan is officially adopted by the Secretary; or such later date as the Secretary determines to be appropriate.

7. Ethnographic study and cultural resources survey Not later than 180 days after the date of enactment of this Act, the Secretary— after consultation with the culturally affiliated Indian Tribes, shall conduct, or enter into a contract with a third party to conduct, an ethnographic study of land within the Monument and public land adjacent to the Monument that is not within a Development Focus Area to assess the importance of the land studied to the culturally affiliated Indian Tribes and the religious, spiritual, and cultural practices of the culturally affiliated Indian Tribes; and after consultation with the culturally affiliated Indian Tribes and a review of any applicable data, studies, and reports in the possession of the culturally affiliated Indian Tribes, shall conduct, or enter into a contract with a third party to conduct, a cultural resources survey of the land within the Monument and public land adjacent to the Monument that is not within a Development Focus Area to identify specific sites that contain cultural, religious, spiritual, and archaeological resources of importance to the culturally affiliated Indian Tribes. In conducting an ethnographic study or cultural resources survey under subsection (a), the Secretary shall coordinate with, and provide for the participation of, each culturally affiliated Indian Tribe, including through the conduct of interviews with members of each culturally affiliated Indian Tribe. The Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.) shall apply to burial sites identified under subsection (a). Not later than 1 year after the date on which the ethnographic study and the cultural resources survey are completed under subsection (a), the Secretary shall submit to culturally affiliated Indian Tribes the results of the ethnographic study and the cultural resources survey for review and comment. Not later than 2 years after the date on which the ethnographic study and the cultural resources survey are completed under subsection (a), the Secretary shall submit to the appropriate committees of Congress a report describing the results of the ethnographic study and the cultural resources survey completed under that subsection. Except as provided in paragraph (2), information relating to the nature and specific location of a cultural resource located on land adjacent to the Monument that is obtained from an ethnographic study or cultural resources survey conducted under subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) and any other applicable law. Notwithstanding paragraph (1), the Secretary, in consultation with the culturally affiliated Indian Tribes, may disclose information described in that paragraph if the Secretary determines that the disclosure— would— further the protection of the cultural resource; and be in accordance with other applicable laws; and would not create a risk of harm to, or theft or destruction of, the cultural resource or the site at which the cultural resource is located. Nothing in this section, including the ethnographic study or the cultural resources survey conducted under subsection (a), affects— the development of renewable energy projects in a Development Focus Area; any requirements for that development that may be imposed based on the findings of any study required under other law prior to that development; existing requirements for that development under section 306108 of title 54, United States Code (formerly section 106 of the National Historic Preservation Act (16 U.S.C. 470f)) or any other applicable law; or any existing responsibility of the Bureau of Land Management or any renewable energy company to conduct ethnographic studies prior to development in a Development Focus Area.

8. Expansion of Joshua Tree National Park Section 402 of the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–22) is amended, in the first sentence, by inserting after October 1991 or prior, the following: and including the approximately 17,842 acres of land depicted on the map entitled Proposed Chuckwalla National Monument and Joshua Tree National Park Expansion and dated March 14, 2024,.