,i #aaeth ,,congress #ast ,session ,h4 ,r4 #decb ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjag,mr4 ,curtis 7for himself1 ,mr4 ,bishop of ,utah1 ,mr4 ,stewart1 and ,mrs4 ,love7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to create the first ,tribally managed national monument1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shash ,ja ,national ,monument and ,indian ,creek ,national ,monument ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,withdrawal4 ,sec4 #d4 ,proclamation termination4 ,sec4 #e4 ,authorization of appropriations4 ,title ,i--,,shash ,j,a ,,national ,,monument ,sec4 #aja4 ,establishment and purpose4 ,sec4 #ajb4 ,map and legal description4 ,sec4 #ajc4 ,administration of ,shash ,ja ,national ,monument4 ,sec4 #ajd4 ,general provisions4 ,sec4 #aje4 ,shash ,ja ,tribal ,management ,council4 ,sec4 #ajf4 ,bears ,ears ,commission4 ,sec4 #ajg4 ,archaeological resources protection4 ,sec4 #ajh4 ,enhanced resource protection capabilities in the ,shash ,ja ,national ,monument4 ,sec4 #aji4 ,scientific research to further purpose of ,shash ,ja ,national ,monument4 ,sec4 #aaj4 ,federal land manager adherence4 ,title ,,ii--,,indian ,,creek ,,national ,,monument ,sec4 #bja4 ,establishment and purpose4 ,sec4 #bjb4 ,map and legal description4 ,sec4 #bjc4 ,administration of ,indian ,creek ,national ,monument4 ,sec4 #bjd4 ,general provisions4 ,sec4 #bje4 ,indian ,creek ,management ,council4 ,sec4 #bjf4 ,bears ,ears ,commission4 ,sec4 #bjg4 ,archaeological resources protection4 ,sec4 #bjh4 ,enhanced resource protection capabilities in the ,indian ,creek ,national ,monument4 ,sec4 #bji4 ,scientific research to further purpose of ,indian ,creek ,national ,monument4 ,sec4 #baj4 ,federal land manager adherence4 ,title ,,iii--,,utah ,,public ,,school ,,trust ,,land ,,certainty ,sec4 #cja4 ,definitions4 ,sec4 #cjb4 ,exchange of land to benefit the ,utah ,public ,school ,trust4 ,sec4 #cjc4 ,equal value land exchanges and appraisals4 #c4 ,withdrawal ,subject to valid existing rights1 all ,federal land and interests in land within the exterior boundaries of the ,bears ,ears ,national ,monument declared under ,presidential ,proclamation #ieeh1 dated ,december #bh1 #bjaf1 is withdrawn from-- 7#a7 all forms of entry1 appropriation1 and disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 #d4 ,proclamation termination ,presidential ,proclamation #ieeh1 dated ,december #bh1 #bjaf1 and issued under chapter #cbjc of title #ed1 ,united ,states ,code1 is hereby declared null and void4 #e4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this ,act #a1ejj1jjj for each of fiscal years #bjah through #bjbd4 ,i ,,shash ,j,a ,,national ,,monument #aja4 ,establishment and purpose 7a7 ,establishment ,subject to the valid existing rights1 the ,federal land comprising approximately #adb1ccg acres1 identified as ,shash ,ja ,national ,unit and generally depicted on the map entitled ,bears ,ears ,national ,monument ,boundary ,modification1 including ,moon ,house ,ruin and ,doll ,house ,ruin1 is hereby established as the ,shash ,ja ,national ,monument4 7b7 ,purpose ,the purpose of the ,shash ,ja ,national ,monument shall be to protect1 conserve1 and enhance the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources of the ,shash ,ja ,national ,monument4 #ajb4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a map and legal description of the ,shash ,ja ,national ,monument established by section #aja4 7b7 ,force and effect ,the map and legal description submitted under this section shall have the same force and effect as if included in this title1 except that the ,secretary of the ,interior and ,secretary of ,agriculture may make minor modifications of any clerical or typographical errors in the map or legal description provided these changes are first reported to the ,state of ,utah1 ,san ,juan ,county1 ,utah1 and the ,shash ,ja ,tribal ,management ,council4 7c7 ,public availability ,a copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the ,bureau of ,indian ,affairs1 the ,bureau of ,land ,management1 and the ,forest ,service4 #ajc4 ,administration of ,shash ,ja ,national ,monument 7a7 ,in general ,in accordance with this title1 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 and other applicable laws and regulations1 the ,shash ,ja ,tribal ,management ,council shall manage the ,shash ,ja ,national ,monument in a manner that-- 7#a7 furthers the purpose of the ,monument2 7#b7 encourages cooperative and innovative management practices between resource managers1 private landowners1 and the public2 and 7#c7 recognizes and maintains historic ,tribal uses1 including hunting1 gathering1 wood cutting1 and cultural and religious uses4 7b7 ,management plan 7#a7 ,plan required ,as soon as practicable after the date of the enactment of this ,act1 consistent with the purpose of the monument1 the ,shash ,ja ,tribal ,management ,council shall develop a comprehensive plan for the long-term management of the ,shash ,ja ,national ,monument4 ,the plan may be updated or amended by the ,shash ,ja ,tribal ,management ,council in response to changing circumstances or as determined by the ,shash ,ja ,tribal ,management ,council4 7#b7 ,consultation ,in developing the management plan1 the ,shash ,ja ,tribal ,management ,council shall consult with appropriate ,state and local entities1 the ,bears ,ears ,commission1 affected ,indian ,tribes1 and the public4 ,in particular1 the ,shash ,ja ,tribal ,management ,council shall solicit information and proposals as needed to integrate ,native ,american traditional and historical knowledge and special expertise into the management plan of the ,shash ,ja ,national ,monument4 ,such information and proposals may include-- 7,a7 protections for and use of sacred sites2 7,b7 cultural and educational programming2 7,c7 identification of plants1 animals1 and special resources2 7,d7 identification of traditional uses1 such as gathering firewood2 and 7,e7 historical and archaeological resources4 7#c7 ,rejection of recommendations ,if the ,shash ,ja ,tribal ,management ,council does not incorporate written recommendations submitted by ,state or local entities1 the ,bears ,ears ,commission1 or affected ,indian ,tribes into the management plan1 the ,shash ,ja ,tribal ,management ,council shall submit a written explanation1 not less than #cj days before the effective date of the management plan1 to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate outlining the reasons for rejecting the recommendations4 7#d7 ,relationship with ,bears ,ears ,commission ,in addition to the consultation under paragraph 7#b71 the ,shash ,ja ,tribal ,management ,council shall-- 7,a7 carefully and fully consider integrating the traditional and historical knowledge and special expertise of the ,bears ,ears ,commission into the management plan of the ,shash ,ja ,national ,monument2 and 7,b7 not less than #de days before the effective date of the management plan for the ,shash ,ja ,national ,monument1 provide the ,bears ,ears ,commission with a written explanation regarding any written recommendations from the ,bears ,ears ,commission that are not integrated into the management plan for the ,shash ,ja ,national ,monument4 7#e7 ,elements included ,the management plan developed under this subsection shall-- 7,a7 allow only those uses of the ,shash ,ja ,national ,monument that are determined by the ,council to be consistent with the purpose of the ,monument2 7,b7 be consistent with the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq471 the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif et seq471 ,executive ,order #acjjg1 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly the ,national ,historic ,preservation ,act71 and the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq47 to protect and preserve and minimize disturbance to covered sites and properties1 including human remains2 7,c7 integrate ,native knowledge 7as defined in section #bai4ai of title #cf1 ,code of ,federal ,regulations7 to improve social1 economic1 and ecological sustainability in accordance with ,forest ,service regulations set forth in section #bai of title #cf1 ,code of ,federal ,regulations1 or successor regulations2 7,d7 allow for the continued use and access 7including by motorized vehicle7 of the ,shash ,ja ,national ,monument-- 7i7 for traditional and cultural ceremonies2 7ii7 as a source of traditional plants and other materials for subsistence and other uses in accordance with ,federal law2 and 7iii7 for any other activities deemed appropriate1 in consultation with the ,shash ,ja ,archaeological ,resources ,protection ,unit2 7,e7 allow grazing where grazing was established before the date of the enactment of this ,act-- 7i7 subject to such reasonable regulations1 policies1 and practices as the ,shash ,ja ,tribal ,management ,council deems necessary2 7ii7 subject to all applicable laws2 and 7iii7 with adjustments only allowed in the numbers of livestock allowed as a result of revisions in the normal grazing and land management planning and policy setting process2 7,f7 allow commercial recreation activities within the ,shash ,ja ,national ,monument in accordance with this title and all other applicable laws and regulations2 and 7,g7 allow wildland fire operations in the ,shash ,ja ,national ,monument consistent with the purpose of the ,shash ,ja ,national ,monument4 7c7 ,donations ,the ,shash ,ja ,tribal ,management ,council may accept1 hold1 administer1 and use gifts1 bequests1 donations of funds or real property within the boundaries of the ,shash ,ja ,national ,monument1 and devices 7including labor and services7 to further the purposes of the ,shash ,ja ,national ,monument and to administer the ,monument4 ,donations accepted under this subsection shall be considered as a gift or bequest to or for the use of the ,united ,states4 #ajd4 ,general provisions 7a7 ,withdrawals ,subject to valid existing rights1 all ,federal land and interests in land that is acquired by the ,united ,states within the ,shash ,ja ,national ,monument after the date of the enactment of this ,act1 is withdrawn from-- 7#a7 all forms of entry1 appropriation or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7b7 ,land acquisition 7#a7 ,in general ,the ,secretary of the ,interior or the ,secretary of ,agriculture1 as appropriate1 may acquire lands or interest in lands within the exterior boundaries of the ,shash ,ja ,national ,monument by donation1 purchase with donated or appropriated funds1 exchange1 or transfer from a ,federal agency only with the concurrence of the ,shash ,ja ,tribal ,management ,council4 7#b7 ,no eminent domain or condemnation ,the ,secretary of the ,interior and the ,secretary of ,agriculture may not use eminent domain or condemnation to acquire land or interest in land within the exterior boundary of the ,shash ,ja ,national ,monument4 7#c7 ,incorporation in national monument ,any land or interest in land located inside the exterior boundary of the ,shash ,ja ,national ,monument that is acquired by the ,united ,states after the date of the enactment of this ,act shall be added to and administered as part of the ,shash ,ja ,national ,monument4 7c7 ,exclusion of non-,federal land ,the ,shash ,ja ,national ,monument includes only ,federal land and interests in ,federal land and does not include private property or other non-,federal land and interests in land4 ,the management plan developed and implemented under this title shall not apply to private property or non-,federal land or interests in land4 7d7 ,water rights ,nothing in this title-- 7#a7 affects the use or allocation1 in existence on the date of the enactment of this ,act1 of any water1 water right1 or interest in water2 7#b7 affects any vested absolute or decreed conditional water right in existence on the date of the enactment of this ,act1 including any water right held by the ,united ,states2 7#c7 affects any claims or rights to water not yet asserted or finally determined2 7#d7 affects any interstate water compact in existence on the date of the enactment of this ,act2 7#e7 authorizes or imposes any new reserved ,federal water rights2 or 7#f7 relinquishes or reduces any water rights reserved or appropriated by the ,united ,states in the ,state of ,utah on or before the date of the enactment of this ,act4 7e7 ,fish and wildlife ,nothing in this title affects the jurisdiction of the ,state of ,utah with respect to the management of fish and wildlife in the ,state4 7f7 ,emergency response ,nothing in this title alters the authority or responsibility of any party with respect to emergency response activities within the ,shash ,ja ,national ,monument1 including wildfire response4 7g7 ,overflights ,nothing in this title shall preclude overflights of military aircraft1 the designation of special-use airspace1 or the use or establishment of military flight training routes over the ,shash ,ja ,national ,monument4 7h7 ,tribal rights ,nothing in this title affects the rights of any federally recognized ,indian ,tribe or any treaty right4 #aje4 ,shash ,ja ,tribal ,management ,council 7a7 ,duties ,the ,shash ,ja ,tribal ,management ,council shall-- 7#a7 develop and implement the comprehensive management plan required by section #ajc2 and 7#b7 regularly and meaningfully engage with the ,bears ,ears ,commission regarding the management of the ,shash ,ja ,national ,monument4 7b7 ,membership ,the ,shash ,ja ,tribal ,management ,council shall be composed of the following members appointed not later than #ahj days after the date of the enactment of this ,act by the ,president3 7#a7 ,one individual from the ,department of the ,interior or the ,department of ,agriculture4 7#b7 ,six individuals1 in consultation with the ,congressional delegation from the ,state of ,utah1 who shall represent the following3 7,a7 ,three who are members of the ,navajo ,nation1 one of whom must represent the ,aneth ,chapter of the ,navajo ,nation4 7,b7 ,one who is a member of the ,white ,mesa ,utes of the ,ute ,mountain ,ute ,tribe4 7,c7 ,two who are members of the ,san ,juan ,county1 ,utah1 ,board of ,commissioners4 7c7 ,qualifications ,of the representatives appointed by the ,president under subsection 7b77#b7-- 7#a7 none shall be employees of the ,federal ,government2 7#b7 all shall be residents of the ,state of ,utah4 7d7 ,terms ,the ,president shall appoint the members of the ,shash ,ja ,tribal ,management ,council under subsection 7b77#b7 for a term of five years1 except that the ,president shall designate staggered terms for the members initially appointed to the ,shash ,ja ,tribal ,management ,council4 ,the ,president may not reappoint a member to more than three consecutive terms4 7e7 ,vacancies ,the ,president shall fill ,presidentially appointed vacancies on the ,shash ,ja ,tribal ,management ,council as soon as practicable after the vacancy has occurred4 7f7 ,compensation ,non-,federal members of the ,shash ,ja ,tribal ,management ,council shall serve without pay1 except for reasonable travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of duties for the ,council4 7g7 ,chair ,the members of the ,shash ,ja ,tribal ,management ,council shall select the chair of the ,shash ,ja ,tribal ,management ,council from one of the ,presidentially appointed representatives under subsection 7b77#b7 for a term beginning on the date of selection1 and ending in five years or until the member's term of office expires1 whichever occurs first4 7h7 ,annual ,shash ,ja ,tribal management council report 7#a7 ,public report publication ,not later than ,september #cj of each year1 the ,shash ,ja ,tribal ,management ,council shall post a public report on the ,forest ,service1 ,bureau of ,land ,management1 and any ,shash ,ja ,national ,monument-affiliated websites maintained by the ,shash ,ja ,tribal ,management ,council4 ,if the ,shash ,ja ,tribal ,management ,council cannot meet the ,september #cj deadline in any year1 on ,september #cj the ,chair of the ,shash ,ja ,tribal ,management ,council shall publicly post on the websites the reasons for such delay and the date on which the submission of the report is anticipated4 7#b7 ,contents ,the report required by paragraph 7#a7 shall include-- 7,a7 a description of the actions of the ,shash ,ja ,tribal ,management ,council to develop or implement the management plan for the ,shash ,ja ,national ,monument2 7,b7 the recommendations made by the ,state1 local entities1 the ,bears ,ears ,commission1 the ,shash ,ja ,archaeological ,resources ,protection ,unit1 affected ,indian ,tribes1 and the public to the ,shash ,ja ,tribal ,management ,council during the preceding year and actions taken by the ,shash ,ja ,tribal ,management ,council as a result of the recommendations2 and 7,c7 an accounting of the expenses of the ,shash ,ja ,tribal ,management ,council4 7i7 ,staff assistance ,the ,shash ,ja ,tribal ,management ,council may request administrative staff assistance from ,federal employees under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture4 7j7 ,meetings 7#a7 ,frequency ,the ,shash ,ja ,tribal ,management ,council shall meet at the call of the ,chair or a majority of the members4 ,meetings shall be held no less than once each calendar year4 ,a majority must be present to constitute a quorum to conducting an official meeting of the ,shash ,ja ,tribal ,management ,council4 7#b7 ,announcement2 open meetings ,all meetings of the ,shash ,ja ,tribal ,management ,council shall be announced not less than one week in advance in publications of general circulation and shall be open to the public4 #ajf4 ,bears ,ears ,commission 7a7 ,establishment ,there is established a ,bears ,ears ,commission with the same membership1 responsibilities1 and duties as that established under ,presidential ,proclamation #ieeh1 dated ,december #bh1 #bjaf4 7b7 ,duties ,in addition to the duties described in subsection 7a71 the ,bears ,ears ,commission shall provide guidance and recommendations to the ,shash ,ja ,tribal ,management ,council and the ,shash ,ja ,archaeological ,resources ,protection ,unit regarding the development and implementation of the management plan required under section #ajc7;b74 #ajg4 ,archaeological resources protection 7a7 ,shash ,ja ,archaeological ,resources ,protection ,unit 7#a7 ,establishment ,the ,shash ,ja ,tribal ,management ,council shall establish and maintain a ,shash ,ja ,archaeological ,resources ,protection ,unit to provide technical and other specific assistance to help protect1 conserve1 and enhance the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,shash ,ja ,national ,monument4 7#b7 ,membership ,not later than #baj days after the date of the enactment of this ,act1 the ,shash ,ja ,tribal ,management ,council shall appoint #i individuals to the ,shash ,ja ,archaeological ,resources ,protection ,unit as follows3 7,a7 ,five individuals with expertise in preserving ,tribal relics1 artifacts1 or other sacred ,tribal sites and objects4 7,b7 ,one individual with expertise in the preservation of archaeological resources in federally protected areas4 7,c7 ,one individual with expertise in protecting scenic and natural resources4 7,d7 ,one individual representing a scientific or educational institution in the ,state of ,utah4 7,e7 ,one individual with historic preservation expertise in the ,state of ,utah4 7#c7 ,duties ,the ,shash ,ja ,archaeological ,resources ,protection ,unit shall-- 7,a7 advise the ,shash ,ja ,tribal ,management ,council on ways to protect1 conserve1 and enhance the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,shash ,ja ,national ,monument2 7,b7 recommend educational materials and signage informing visitors of the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,shash ,ja ,national ,monument2 7,c7 recommend educational materials or signage to prevent the destruction1 degradation1 vandalism1 or looting of sites within the ,shash ,ja ,national ,monument2 and 7,d7 not later than #fj days after its establishment under paragraph 7#b71 submit to the ,shash ,ja ,tribal ,management ,council information regarding-- 7i7 sites located within the ,shash ,ja ,national ,monument at high risk of destruction1 degradation1 vandalism1 or looting2 7ii7 specific actions to eliminate1 prevent1 or minimize destruction1 degradation1 vandalism1 and looting within ,shash ,ja ,national ,monument2 and 7iii7 suggestions for additional administrative or other actions to help eliminate1 prevent1 or minimize destruction1 degradation1 vandalism1 or looting within ,shash ,ja ,national ,monument4 7#d7 ,terms 7,a7 ,in general ,members of the ,shash ,ja ,archaeological ,resources ,protection ,unit shall serve a term of #e years beginning on the date of appointment1 except that the ,shash ,ja ,tribal ,management ,council shall designate staggered terms for the members initially appointed to ,shash ,ja ,archaeological ,resources ,protection ,unit4 7,b7 ,vacancies ,the ,shash ,ja ,tribal ,management ,council shall make appointments to fill vacancies on the ,shash ,ja ,archaeological ,resources ,protection ,unit as soon as practicable after the vacancy has occurred4 7,c7 ,compensation ,members of the ,shash ,ja ,archaeological ,resources ,protection ,unit shall serve without pay1 except for reasonable travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of duties for the ,unit4 7,d7 ,staff assistance ,the ,shash ,ja ,archaeological ,resources ,protection ,unit may request administrative staff assistance from ,federal employees under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture or ,state employees under the jurisdiction of the ,state of ,utah4 7,e7 ,meetings ,the ,shash ,ja ,archaeological ,resources ,protection ,unit shall meet at the call of the ,shash ,ja ,tribal ,management ,council or a majority of its members4 ,meetings shall be held not less than once per calendar year4 ,a majority must be present to constitute a quorum for the purpose of conducting an official meeting of the ,shash ,ja ,archaeological ,resources ,protection ,unit4 #ajh4 ,enhanced resource protection capabilities in the ,shash ,ja ,national ,monument 7a7 ,enhanced enforcement capability 7#a7 ,enforcement ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall assign not less than #aj law enforcement personnel to protect the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources of ,shash ,ja ,national ,monument and its surrounding area1 consistent with the management plan developed under section #ajc7;b74 7#b7 ,plan compliance ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall each ensure the law enforcement personnel perform the duties under paragraph 7#a7 consistent with the management plan developed under section #ajc7;b74 7b7 ,memoranda of understanding ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall each enter into memoranda of understanding or cooperative agreements with local1 ,state1 or ,tribal law enforcement entities to perform the duties described in subsection 7a77#a74 #aji4 ,scientific research to further purpose of ,shash ,ja ,national ,monument ,the ,secretary of the ,interior and the ,secretary of ,agriculture may enter into memoranda of understanding or cooperative agreements with educational institutions or other entities with expertise in archaeological1 historical1 or natural science fields to conduct scientific research in the ,shash ,ja ,national ,monument to aid in the development or implementation of the management plan required in section #ajc7;b74 #aaj4 ,federal land manager adherence ,federal land managers employed by the ,bureau of ,land ,management or the ,forest ,service and working in the ,shash ,ja ,national ,monument shall adhere to the management plan created by the ,shash ,ja ,tribal ,management ,council under section #ajc7;b74 ,,ii ,,indian ,,creek ,,national ,,monument #bja4 ,establishment and purpose 7a7 ,establishment ,subject to valid existing rights1 the ,federal land comprising approximately #hf1ddg acres1 identified as ,indian ,creek ,unit and generally depicted on the map entitled ,bears ,ears ,national ,monument ,boundary ,modification is hereby established as the ,indian ,creek ,national ,monument4 7b7 ,purpose ,the purpose of the ,indian ,creek ,national ,monument shall be to protect1 conserve1 and enhance the unique and nationally important recreational1 historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources of the ,indian ,creek ,national ,monument4 #bjb4 ,map and legal description 7a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a map and legal description of the ,indian ,creek ,national ,monument established by section #bja4 7b7 ,force and effect ,the map and legal description submitted under this section shall have the same force and effect as if included in this title1 except that the ,secretary of the ,interior and ,secretary of ,agriculture may make minor modifications of any clerical or typographical errors in the map or legal description provided these changes are first reported to the ,state of ,utah1 ,san ,juan ,county1 ,utah1 and the ,indian ,creek ,management ,council4 7c7 ,public availability ,a copy of the map and legal description shall be on file and available for public inspection in the appropriate field offices of the ,bureau of ,indian ,affairs1 the ,bureau of ,land ,management1 and the ,forest ,service4 #bjc4 ,administration of ,indian ,creek ,national ,monument 7a7 ,in general ,in accordance with this title1 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq471 and other applicable laws and regulations1 the ,indian ,creek ,management ,council shall manage the ,indian ,creek ,national ,monument in a manner that-- 7#a7 furthers the purpose of the ,monument2 7#b7 encourages cooperative and innovative management practices between resource managers1 private landowners1 and the public2 and 7#c7 recognizes and maintains historic uses1 including recreation1 hunting1 gathering1 wood cutting1 and cultural and religious uses4 7b7 ,management plan 7#a7 ,plan required ,as soon as practicable after the date of the enactment of this ,act1 consistent with the purpose of the monument1 the ,indian ,creek ,management ,council shall develop a comprehensive plan for the long-term management of the ,indian ,creek ,national ,monument4 ,the plan may be updated or amended by the ,indian ,creek ,management ,council in response to changing circumstances or as determined by the ,indian ,creek ,management ,council4 7#b7 ,consultation ,in developing the management plan1 the ,indian ,creek ,management ,council shall consult with appropriate ,state and local entities1 the ,bears ,ears ,commission1 affected ,indian ,tribes1 and the public4 ,in particular1 the ,indian ,creek ,management ,council shall solicit information and proposals as needed to integrate ,native ,american traditional and historical knowledge and special expertise into the management plan of the ,indian ,creek ,national ,monument4 ,such information and proposals may include-- 7,a7 protections for and use of sacred sites2 7,b7 cultural and educational programming2 7,c7 identification of plants1 animals1 and special resources2 7,d7 identification of traditional uses1 such as gathering firewood2 and 7,e7 historical and archaeological resources4 7#c7 ,rejection of recommendations ,if the ,indian ,creek ,management ,council does not incorporate written recommendations submitted by ,state or local entities1 the ,bears ,ears ,commission1 or affected ,indian ,tribes into the management plan1 the ,indian ,creek ,management ,council shall submit a written explanation1 not less than #cj days before the effective date of the management plan1 to the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,energy and ,natural ,resources of the ,senate1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate outlining the reasons for rejecting the recommendations4 7#d7 ,relationship with ,bears ,ears ,commission ,in addition to the consultation under paragraph 7#b71 the ,indian ,creek ,management ,council shall-- 7,a7 carefully and fully consider integrating the traditional and historical knowledge and special expertise of the ,bears ,ears ,commission into the management plan of the ,indian ,creek ,national ,monument2 and 7,b7 not less than #de days before the effective date of the management plan for the ,indian ,creek ,national ,monument1 provide the ,bears ,ears ,commission with a written explanation regarding any written recommendations from the ,bears ,ears ,commission that are not integrated into the management plan for the ,indian ,creek ,national ,monument4 7#e7 ,elements included ,the management plan developed under this subsection shall-- 7,a7 allow only those uses of the ,indian ,creek ,national ,monument that are determined by the ,council to be consistent with the purpose of the ,monument2 7,b7 be consistent with the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq471 the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif et seq471 ,executive ,order #acjjg1 division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code 7formerly the ,national ,historic ,preservation ,act71 and the ,archaeological ,resources ,protection ,act of #aigi 7#af ,u4,s4,c4 #dgj;aa et seq47 to protect and preserve and minimize disturbance to covered sites and properties1 including human remains2 7,c7 integrate ,native knowledge 7as defined in section #bai4ai of title #cf1 ,code of ,federal ,regulations7 to improve social1 economic1 and ecological sustainability in accordance with ,forest ,service regulations set forth in section #bai of title #cf1 ,code of ,federal ,regulations1 or successor regulations2 7,d7 allow for the continued use and access 7including by motorized vehicle7 of the ,indian ,creek ,national ,monument-- 7i7 for traditional and cultural ceremonies2 7ii7 as a source of traditional plants and other materials for subsistence and other uses in accordance with ,federal law2 7iii7 for recreational access2 and 7iv7 for any other activities deemed appropriate1 in consultation with the ,indian ,creek ,archaeological ,resources ,protection ,unit2 7,e7 allow grazing where grazing was established before the date of the enactment of this ,act-- 7i7 subject to such reasonable regulations1 policies1 and practices as the ,indian ,creek ,management ,council deems necessary2 7ii7 subject to all applicable laws2 and 7iii7 with adjustments only allowed in the numbers of livestock allowed as a result of revisions in the normal grazing and land management planning and policy setting process2 7,f7 allow commercial recreation activities within the ,indian ,creek ,national ,monument in accordance with this title and all other applicable laws and regulations2 and 7,g7 allow wildland fire operations in the ,indian ,creek ,national ,monument consistent with the purpose of the ,indian ,creek ,national ,monument4 7c7 ,donations ,the ,indian ,creek ,management ,council may accept1 hold1 administer1 and use gifts1 bequests1 donations of funds or real property within the boundaries of the ,indian ,creek ,national ,monument1 and devices 7including labor and services7 to further the purposes of the ,indian ,creek ,national ,monument and to administer the ,monument4 ,donations accepted under this subsection shall be considered as a gift or bequest to or for the use of the ,united ,states4 #bjd4 ,general provisions 7a7 ,withdrawals ,subject to valid existing rights1 all ,federal land and interests in land within the ,indian ,creek ,national ,monument that is acquired by the ,united ,states within the ,indian ,creek ,national ,monument after the date of the enactment of this ,act1 is withdrawn from-- 7#a7 all forms of entry1 appropriation or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7b7 ,land acquisition 7#a7 ,in general ,the ,secretary of the ,interior or the ,secretary of ,agriculture1 as appropriate1 may acquire lands or interest in lands within the exterior boundaries of the ,indian ,creek ,national ,monument by donation1 purchase with donated or appropriated funds1 exchange1 or transfer from a ,federal agency only with the concurrence of the ,indian ,creek ,management ,council4 7#b7 ,no eminent domain or condemnation ,the ,secretary of the ,interior and the ,secretary of ,agriculture may not use eminent domain or condemnation to acquire land or interest in land within the exterior boundary of the ,indian ,creek ,national ,monument4 7#c7 ,incorporation in national monument ,any land or interest in land located inside the exterior boundary of the ,indian ,creek ,national ,monument that is acquired by the ,united ,states after the date of the enactment of this ,act shall be added to and administered as part of the ,indian ,creek ,national ,monument4 7c7 ,exclusion of non-,federal land ,the ,indian ,creek ,national ,monument includes only ,federal land and interests in ,federal land and does not include private property or other non-,federal land and interests in land4 ,the management plan developed and implemented under this title shall not apply to private property or non-,federal land or interests in land4 7d7 ,water rights ,nothing in this title-- 7#a7 affects the use or allocation1 in existence on the date of the enactment of this ,act1 of any water1 water right1 or interest in water2 7#b7 affects any vested absolute or decreed conditional water right in existence on the date of the enactment of this ,act1 including any water right held by the ,united ,states2 7#c7 affects any claims or rights to water not yet asserted or finally determined2 7#d7 affects any interstate water compact in existence on the date of the enactment of this ,act2 7#e7 authorizes or imposes any new reserved ,federal water rights2 or 7#f7 relinquishes or reduces any water rights reserved or appropriated by the ,united ,states in the ,state of ,utah on or before the date of the enactment of this ,act4 7e7 ,fish and wildlife ,nothing in this title affects the jurisdiction of the ,state of ,utah with respect to the management of fish and wildlife in the ,state4 7f7 ,emergency response ,nothing in this title alters the authority or responsibility of any party with respect to emergency response activities within the ,indian ,creek ,national ,monument1 including wildfire response4 7g7 ,overflights ,nothing in this title shall preclude overflights of military aircraft1 the designation of special-use airspace1 or the use or establishment of military flight training routes over the ,indian ,creek ,national ,monument4 7h7 ,tribal rights ,nothing in this title affects the rights of any federally recognized ,indian ,tribe or any treaty right4 #bje4 ,indian ,creek ,management ,council 7a7 ,duties ,the ,indian ,creek ,management ,council shall-- 7#a7 develop and implement the comprehensive management plan required by section #bjc2 and 7#b7 regularly and meaningfully engage with the ,bears ,ears ,commission regarding the management of the ,indian ,creek ,national ,monument4 7b7 ,membership ,the ,indian ,creek ,management ,council shall be composed of the following members appointed not later than #ahj days after the date of the enactment of this ,act by the ,president3 7#a7 ,one individual from the ,department of the ,interior or the ,department of ,agriculture4 7#b7 ,four individuals1 in consultation with the ,congressional delegation from the ,state of ,utah1 who shall represent the following3 7,a7 ,two who are members of the ,san ,juan ,county1 ,utah1 ,board of ,commissioners4 7,b7 ,one who is a representative of the executive branch of the ,state of ,utah with relevant expertise in the purposes of the ,indian ,creek ,national ,monument4 7,c7 ,one who is a member of a federally recognized ,indian ,tribe in the ,state of ,utah4 7c7 ,qualifications ,of the representatives appointed by the ,president under subsection 7b77#b7-- 7#a7 none shall be employees of the ,federal ,government2 7#b7 all shall be residents of the ,state of ,utah4 7d7 ,terms ,the ,president shall appoint the members of the ,indian ,creek ,management ,council under subsection 7b77#b7 for a term of five years1 except that the ,president shall designate staggered terms for the members initially appointed to the ,indian ,creek ,management ,council4 ,the ,president may not reappoint a member to more than three consecutive terms4 7e7 ,vacancies ,the ,president shall fill ,presidentially appointed vacancies on the ,indian ,creek ,management ,council as soon as practicable after the vacancy has occurred4 7f7 ,compensation ,non-,federal members of the ,indian ,creek ,management ,council shall serve without pay1 except for reasonable travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of duties for the ,council4 7g7 ,chair ,the members of the ,indian ,creek ,management ,council shall select the chair of the ,indian ,creek ,management ,council from one of the ,presidentially appointed representatives under subsection 7b77#b7 for a term beginning on the date of selection1 and ending in five years or until the member's term of office expires1 whichever occurs first4 7h7 ,annual ,indian ,creek ,management council report 7#a7 ,public report publication ,not later than ,september #cj of each year1 the ,indian ,creek ,management ,council shall post a public report on the ,forest ,service1 ,bureau of ,land ,management1 and any ,indian ,creek ,national ,monument-affiliated websites maintained by the ,indian ,creek ,management ,council4 ,if the ,indian ,creek ,management ,council cannot meet the ,september #cj deadline in any year1 on ,september #cj the ,chair of the ,indian ,creek ,management ,council shall publicly post on the websites the reasons for such delay and the date on which the submission of the report is anticipated4 7#b7 ,contents ,the report required by paragraph 7#a7 shall include-- 7,a7 a description of the actions of the ,indian ,creek ,management ,council to develop or implement the management plan for the ,indian ,creek ,national ,monument2 7,b7 the recommendations made by the ,state1 local entities1 the ,bears ,ears ,commission1 the ,indian ,creek ,archaeological ,resources ,protection ,unit1 affected ,indian ,tribes1 and the public to the ,indian ,creek ,management ,council during the preceding year and actions taken by the ,indian ,creek ,management ,council as a result of the recommendations2 and 7,c7 an accounting of the expenses of the ,indian ,creek ,management ,council4 7i7 ,staff assistance ,the ,indian ,creek ,management ,council may request administrative staff assistance from ,federal employees under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture4 7j7 ,meetings 7#a7 ,frequency ,the ,indian ,creek ,management ,council shall meet at the call of the ,chair or a majority of the members4 ,meetings shall be held no less than once each calendar year4 ,a majority must be present to constitute a quorum to conducting an official meeting of the ,indian ,creek ,management ,council4 7#b7 ,announcement2 open meetings ,all meetings of the ,indian ,creek ,management ,council shall be announced not less than one week in advance in publications of general circulation and shall be open to the public4 #bjf4 ,bears ,ears ,commission ,in addition to its duties under title ,i1 the ,bears ,ears ,commission established under section #ajf shall advise the ,indian ,creek ,management ,council as provided in this title4 #bjg4 ,archaeological resources protection 7a7 ,indian ,creek ,archaeological ,resources ,protection ,unit 7#a7 ,establishment ,the ,indian ,creek ,management ,council shall establish and maintain a ,indian ,creek ,archaeological ,resources ,protection ,unit 7which may be the same ,unit as authorized under section #ajg7 to provide technical and other specific assistance to help protect1 conserve1 and enhance the unique and nationally important historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,indian ,creek ,national ,monument4 7#b7 ,membership ,not later than #baj days after the date of the enactment of this ,act1 the ,indian ,creek ,management ,council shall appoint #i individuals to the ,indian ,creek ,archaeological ,resources ,protection ,unit as follows3 7,a7 ,five individuals with expertise in preserving ,tribal relics1 artifacts1 or other sacred ,tribal sites and objects4 7,b7 ,one individual with expertise in the preservation of archaeological resources in federally protected areas4 7,c7 ,one individual with expertise in protecting scenic and natural resources4 7,d7 ,one individual representing a scientific or educational institution in the ,state of ,utah4 7,e7 ,one individual with historic preservation expertise in the ,state of ,utah4 7#c7 ,duties ,the ,indian ,creek ,archaeological ,resources ,protection ,unit shall-- 7,a7 advise the ,indian ,creek ,management ,council on ways to protect1 conserve1 and enhance the unique and nationally important recreational1 historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,indian ,creek ,national ,monument2 7,b7 recommend educational materials and signage informing visitors of the unique and nationally important recreational1 historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources in the ,indian ,creek ,national ,monument2 7,c7 recommend educational materials or signage to prevent the destruction1 degradation1 vandalism1 or looting of sites within the ,indian ,creek ,national ,monument2 and 7,d7 not later than #fj days after its establishment under paragraph 7#b71 submit to the ,indian ,creek ,management ,council information regarding-- 7i7 sites located within the ,indian ,creek ,national ,monument at high risk of destruction1 degradation1 vandalism1 or looting2 7ii7 specific actions to eliminate1 prevent1 or minimize destruction1 degradation1 vandalism1 and looting within ,indian ,creek ,national ,monument2 and 7iii7 suggestions for additional administrative or other actions to help eliminate1 prevent1 or minimize destruction1 degradation1 vandalism1 or looting within ,indian ,creek ,national ,monument4 7#d7 ,terms 7,a7 ,in general ,members of the ,indian ,creek ,archaeological ,resources ,protection ,unit shall serve a term of #e years beginning on the date of appointment1 except that the ,indian ,creek ,management ,council shall designate staggered terms for the members initially appointed to ,indian ,creek ,archaeological ,resources ,protection ,unit4 7,b7 ,vacancies ,the ,indian ,creek ,management ,council shall make appointments to fill vacancies on the ,indian ,creek ,archaeological ,resources ,protection ,unit as soon as practicable after the vacancy has occurred4 7,c7 ,compensation ,members of the ,indian ,creek ,archaeological ,resources ,protection ,unit shall serve without pay1 except for reasonable travel expenses1 including per diem in lieu of subsistence1 at the rate authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of duties for the ,unit4 7,d7 ,staff assistance ,the ,indian ,creek ,archaeological ,resources ,protection ,unit may request administrative staff assistance from ,federal employees under the jurisdiction of the ,secretary of the ,interior or the ,secretary of ,agriculture or ,state employees under the jurisdiction of the ,state of ,utah4 7,e7 ,meetings ,the ,indian ,creek ,archaeological ,resources ,protection ,unit shall meet at the call of the ,indian ,creek ,management ,council or a majority of its members4 ,meetings shall be held not less than once per calendar year4 ,a majority must be present to constitute a quorum for the purpose of conducting an official meeting of the ,indian ,creek ,archaeological ,resources ,protection ,unit4 #bjh4 ,enhanced resource protection capabilities in the ,indian ,creek ,national ,monument 7a7 ,enhanced enforcement capability 7#a7 ,enforcement ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall assign not less than #aj law enforcement personnel to protect the unique and nationally important recreational1 historic1 sacred1 cultural1 scientific1 scenic1 archaeological1 natural1 and educational resources of ,indian ,creek ,national ,monument and its surrounding area1 consistent with the management plan developed under section #bjc7;b74 7#b7 ,plan compliance ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall each ensure the law enforcement personnel perform the duties under paragraph 7#a7 consistent with the management plan developed under section #bjc7;b74 7b7 ,memoranda of understanding ,the ,secretary of the ,interior and the ,secretary of ,agriculture shall each enter into memoranda of understanding or cooperative agreements with local or ,state law enforcement entities to perform the duties described in subsection 7a77#a74 #bji4 ,scientific research to further purpose of ,indian ,creek ,national ,monument ,the ,secretary of the ,interior and the ,secretary of ,agriculture may enter into memoranda of understanding or cooperative agreements with educational institutions or other entities with expertise in archaeological1 historical1 or natural science fields to conduct scientific research in the ,indian ,creek ,national ,monument to aid in the development or implementation of the management plan required in section #bjc7;b74 #baj4 ,federal land manager adherence ,federal land managers employed by the ,bureau of ,land ,management or the ,forest ,service and working in the ,indian ,creek ,national ,monument shall adhere to the management plan created by the ,indian ,creek ,management ,council under section #bjc7;b74 ,,iii ,,utah ,,public ,,school ,,trust ,,land ,,certainty #cja4 ,definitions ,in this title3 7#a7 ,federal land ,the term ,federal land means the lands identified on the ,map as ,federal ,land ,proposed to ,transfer to ,,sitla administered by the ,bureau of ,land ,management4 7#b7 ,map ,the term ,map means the map prepared by the ,bureau of ,land ,management entitled ,state and ,federal ,land ,exchange ,map dated 4 7#c7 ,non-,federal land ,the term non-,federal land means the lands identified on the ,map as ,state ,trust ,land ,proposed for ,transfer to ,united ,states in ,san ,juan ,county1 ,utah1 as generally depicted on the ,map4 7#d7 ,permitted existing uses ,the term permitted existing uses means any use authorized under the applicable ,bureau of ,land ,management ,resource ,management ,plan4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#f7 ,state ,the term ,state means the ,state of ,utah1 acting as trustee under the ,utah ,state ,school and ,institutional ,trust ,lands ,management ,act 7,utah ,code ,ann4 #ec;,c-#a-aja et seq47 through the ,utah ,school and ,institutional ,trust ,lands ,administration4 #cjb4 ,exchange of land to benefit the ,utah ,public ,school ,trust 7a7 ,in general ,if the ,state offers to convey to the ,secretary all right1 title1 and interest of the ,state in and to all or part of the non-,federal land1 the ,secretary shall-- 7#a7 accept the offer2 and 7#b7 on receipt of all right1 title1 and interest in and to the non-,federal land1 convey to the ,state 7or a designee7 all right1 title1 and interest of the ,united ,states in and to all or part of the ,federal land on an equal value basis4 7b7 ,applicable law 7#a7 ,in general ,the land exchange shall be subject to section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7 and other applicable law4 7#b7 ,land use planning ,the ,secretary shall not be required to undertake any additional land use planning under section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7 before the conveyance of the ,federal land under this title4 7c7 ,joint selection required ,the ,secretary and ,state shall jointly select which parcels of ,federal land to exchange under subsection 7a74 7d7 ,valid existing rights ,the exchange authorized under subsection 7a7 shall be subject to valid existing rights and permitted existing uses4 7e7 ,title approval ,title to the ,federal land and non-,federal land to be exchanged under this title shall be in a format acceptable to the ,secretary and the ,state4 7f7 ,consultation with ,tribes ,the ,secretary shall consult with any federally recognized ,indian ,tribe in the vicinity of the ,federal land and the non-,federal land to be exchanged under this title before the completion of the land exchange4 7g7 ,map and legal descriptions ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary shall finalize a map and legal descriptions of all land to be conveyed under this ,act4 ,the ,secretary may correct any minor errors in the map or in the legal descriptions4 ,the map and legal descriptions shall be on file and available for public inspection in appropriate field offices of the ,bureau of ,land ,management4 7h7 ,costs of conveyance ,except as provided in section #cjc7;a77#e71 as a condition of conveyance1 any costs related to the exchanges shall be allocated in accordance with section #bjf7;f77#b77;,b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;f77#b77;,b774 7i7 ,administration ,subject to valid existing rights and permitted existing uses1 at the completion of each exchange of ,federal land and non-,federal land under this title the non-,federal land shall be-- 7#a7 added to the ,shash ,ja ,national ,monument or the ,indian ,creek ,national ,monument1 as appropriate1 if located within the exterior boundary of the ,shash ,ja ,national ,monument or the ,indian ,creek ,national ,monument2 and 7#b7 administered in accordance with-- 7,a7 this ,act2 7,b7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7,c7 other applicable laws and regulations4 7j7 ,deadline ,the land exchange under this title shall be completed as expeditiously as possible4 #cjc4 ,equal value land exchanges and appraisals 7a7 ,appraisals 7#a7 ,in general ,the values of the lands to be exchanged under this title shall be determined by appraisals conducted by one or more independent and qualified appraisers4 7#b7 ,state appraiser ,the ,secretary and the ,state may agree to use an independent and qualified appraiser retained by the ,state1 with the consent of the ,secretary4 7#c7 ,applicable law ,the appraisals shall be conducted in accordance with nationally recognized appraisal standards1 including1 as appropriate1 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions and the ,uniform ,standards of ,professional ,appraisal ,practice4 7#d7 ,approval ,an appraisal conducted under this title shall be submitted to the ,secretary and the ,state for approval4 7#e7 ,cost of appraisal ,the cost of an appraisal conducted under this title shall be paid in equal shares by the ,secretary and the ,state4 ,if the ,state retains an appraiser under paragraph 7#b71 the ,secretary shall reimburse the ,state #ej percent of the costs incurred by the ,state4 7#f7 ,minerals 7,a7 ,mineral reports ,the appraisals required under paragraph 7#a7 may take into account mineral and technical reports provided by the ,secretary and the ,state in the evaluation of minerals in the ,federal land and non-,federal land4 7,b7 ,mining claims ,federal land that is encumbered by a mining or millsite claim located under sections #bcah through #bceb of the ,revised ,statues 7commonly known as the ,mining ,law of #ahgb2 #cj ,u4,s4,c4 #ba et seq47 shall be appraised in accordance with standard appraisal practices1 including1 as appropriate1 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisition4 7#g7 ,duration ,an appraisal conducted under paragraph 7#a7 shall remain valid for #c years after the date on which the appraisal is approved by the ,secretary and the ,state4 7b7 ,equalization 7#a7 ,surplus of ,federal land ,if the final appraised value of the ,federal land exceeds the final appraised value of the non-,federal land to be exchanged under this title1 the value of the ,federal land and non-,federal land shall be equalized-- 7,a7 by conveying additional non-,federal land in the ,state to the ,secretary1 subject to the approval of the ,secretary2 or 7,b7 by using a combination of the methods described in paragraphs 7#b7 and 7#c74 7#b7 ,surplus of non-,federal land ,if the final appraised value of the non-,federal land exceeds the final appraised value of the ,federal land to be exchanged under this title1 the value of the ,federal land and non-,federal land shall be equalized by the ,state adjusting the acreage of the non-,federal land to be conveyed 7#c7 ,amount of payment ,notwithstanding section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b771 the ,secretary may accept a payment under paragraph 7#a7 in excess of #be percent of the value of the ,federal land conveyed4