,,ii #aafth ,,congress #ast ,session ,s4 #bibd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,heinrich introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,bandelier ,national ,park and ,preserve in the ,state of ,new ,mexico4 #a4 ,short title ,this ,act may be cited as the ,bandelier ,national ,park and ,preserve ,establishment ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,tribal commission established under section #d7;d74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,map ,the term map means the map entitled ,bandelier ,national ,park and ,preserve ,proposed ,boundary1 numbered #cae_/adi1gda1 and dated ,december #bjah4 7#d7 ,national ,park ,the term ,national ,park means the ,bandelier ,national ,park1 consisting of approximately #bi1fef acres of land in the ,state1 as generally depicted on the map4 7#e7 ,national ,preserve ,the term ,national ,preserve means the ,bandelier ,national ,preserve1 consisting of approximately #d1jaa acres of land in the ,state1 as generally depicted on the map4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,state ,the term ,state means the ,state of ,new ,mexico4 7#h7 ,unmanned aircraft ,the term unmanned aircraft means-- 7,a7 a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device2 and 7,b7 any associated operational element or component required for the pilot or system operator in command to operate or control a device described in subparagraph 7,a74 #c4 ,establishment of ,bandelier ,national ,park and ,preserve 7a7 ,establishment 7#a7 ,in general ,to protect1 preserve1 interpret1 and provide for the enjoyment of the scenic1 scientific1 educational1 natural1 geological1 historical1 cultural1 archaeological1 fish1 wildlife1 and recreational values of the ,national ,park and the ,national ,preserve1 there is established as a unit of the ,national ,park ,system in the ,state a national park and national preserve1 to be known as the ,bandelier ,national ,park and ,preserve4 7#b7 ,boundaries ,the ,bandelier ,national ,park and ,preserve shall consist of-- 7,a7 the ,national ,park2 and 7,b7 the ,national ,preserve4 7#c7 ,availability of map ,the map shall be on file and available for public inspection in the appropriate offices of the ,national ,park ,service4 7#d7 ,effect of subsection ,nothing in this subsection affects the designation or management of land located within the boundaries of the ,bandelier ,national ,park and ,preserve that is designated as wilderness under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 before the date of enactment of this ,act1 including the ,bandelier ,wilderness4 7b7 ,abolishment of ,bandelier ,national ,monument 7#a7 ,abolishment ,due to the establishment of the ,bandelier ,national ,park and ,preserve1 the ,bandelier ,national ,monument in ,sandoval ,county1 ,new ,mexico1 is abolished4 7#b7 ,incorporation ,the land and interests in land that constitute the ,bandelier ,national ,monument 7as in existence on the day before the date of enactment of this ,act7 are incorporated in1 and shall be considered to be a part of1 the ,bandelier ,national ,park and ,preserve4 7c7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the monument referred to in subsection 7b77#a7 shall be deemed to be a reference to the ,bandelier ,national ,park and ,preserve4 7d7 ,availability of funds ,any funds available for the monument referred to in subsection 7b77#a7 shall be available for the ,bandelier ,national ,park and ,preserve4 7e7 ,administration ,subject to section #d7;a71 the ,secretary shall administer the ,bandelier ,national ,park and ,preserve in accordance with-- 7#a7 this ,act2 and 7#b7 the laws generally applicable to units of the ,national ,park ,system1 including section #ajjaja7;a71 chapter #ajjc1 sections #ajjgea7;a71 #ajjgeb1 #ajjgec1 and #ajbaja1 and chapter #cbja of title #ed1 ,united ,states ,code4 #d4 ,management of ,bandelier ,national ,park and ,preserve and ,valles ,caldera ,national ,preserve 7a7 ,hunting 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall permit hunting on land in the ,national ,preserve in the same manner as hunting is managed in the ,valles ,caldera ,national ,preserve under section #cjdc7;b77#g7 of the ,carl ,levin and ,howard ,p4 ,buck ,mc,keon ,national ,defense ,authorization ,act for ,fiscal ,year #bjae 7#af ,u4,s4,c4 #fihv-#aa7;b77#g774 7#b7 ,management ,at the discretion of the ,secretary1 the ,superintendent of the ,valles ,caldera ,national ,preserve may manage hunting in the ,national ,preserve under paragraph 7#a74 7b7 ,traditional cultural and religious sites 7#a7 ,in general ,the ,secretary1 in consultation with ,indian tribes1 shall ensure the protection of traditional cultural and religious sites in the ,bandelier ,national ,park and ,preserve4 7#b7 ,access ,the ,secretary1 in accordance with ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act7 7#db ,u4,s4,c4 #aiif et seq47-- 7,a7 shall provide access to the sites described in paragraph 7#a7 by members of ,indian tribes for traditional cultural and customary uses2 and 7,b7 may1 on request of an ,indian tribe1 temporarily close to general public use #a or more specific areas of the ,bandelier ,national ,park and ,preserve to protect traditional cultural and customary uses in the area by members of the ,indian tribe4 7c7 ,collection of plants and mineral resources by members of culturally affiliated ,indian tribes 7#a7 ,in general ,the ,secretary shall allow an enrolled member of any ,indian tribe 7including the ,pueblo of ,san ,ildefonso and the ,pueblo of ,santa ,clara7 that is culturally affiliated with the land located within the boundaries of the ,bandelier ,national ,park and ,preserve or the ,valles ,caldera ,national ,preserve to collect plants1 including parts or products of plants1 and mineral resources within the ,bandelier ,national ,park and ,preserve and the ,valles ,caldera ,national ,preserve for noncommercial traditional and cultural uses4 7#b7 ,application 7,a7 ,in general ,except as provided in subparagraph 7,b71 a collection activity under paragraph 7#a7 shall be-- 7i7 consistent with applicable laws2 and 7ii7 subject to such conditions as the ,secretary determines to be necessary to protect the resources and values of the ,bandelier ,national ,park and ,preserve or the ,valles ,caldera ,national ,preserve4 7,b7 ,quantity limitations 7i7 ,existing regulations ,no quantity limitation contained in a regulation of the ,national ,park ,service in effect on the date of enactment of this ,act shall apply to a collection activity under paragraph 7#a74 7ii7 ,limitations imposed by ,secretary ,the ,secretary may limit the quantity of plants1 including parts or products of plants1 and mineral resources collected under paragraph 7#a7 if the ,secretary determines that the limitation is necessary to protect the resources and values of the ,bandelier ,national ,park and ,preserve or the ,valles ,caldera ,national ,preserve4 7d7 ,tribal commission 7#a7 ,in general ,to ensure that the management of the ,bandelier ,national ,park and ,preserve reflects the expertise and traditional and historical knowledge of members of applicable ,indian tribes1 the ,secretary shall establish a ,tribal commission for the ,bandelier ,national ,park and ,preserve4 7#b7 ,purpose ,the ,commission shall provide guidance and recommendations on the development and implementation of management plans for1 and policies of1 the ,bandelier ,national ,park and ,preserve4 7#c7 ,membership ,the ,commission shall consist of #a representative designated by the governing body of each ,indian tribe with a historical association with the area within the boundaries of the ,bandelier ,national ,park and ,preserve4 7#d7 ,incorporation of recommendations ,in developing plans and policies for the ,bandelier ,national ,park and ,preserve1 the ,secretary shall carefully and fully consider incorporating the traditional and historical knowledge and special expertise of members of the ,commission or a comparable entity4 7#e7 ,written explanation ,if the ,secretary determines not to incorporate a specific recommendation submitted to the ,secretary in writing by the ,commission1 the ,secretary shall provide to the ,commission a written explanation of the reason for the determination4 7e7 ,withdrawal from ,federal mining and mineral leasing laws 7#a7 ,withdrawal ,subject to valid existing rights in effect on the date of enactment of this ,act1 the land located within the boundaries of the ,bandelier ,national ,park and ,preserve is withdrawn from-- 7,a7 location1 entry1 and patent under the mining laws2 and 7,b7 disposition under all laws pertaining to mineral and geothermal leasing4 7#b7 ,acquired land ,any land or interest in land that is acquired by the ,united ,states after the date of enactment of this ,act for inclusion in the ,bandelier ,national ,park and ,preserve1 shall1 on acquisition1 be immediately withdrawn in accordance with this subsection4 7#c7 ,effect ,nothing in this subsection affects any recreational use1 including hunting or fishing1 that is authorized on the land within the boundaries of the ,bandelier ,national ,park and ,preserve under applicable law as of the date of enactment of this ,act4 7f7 ,boundary adjustment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary and the ,secretary of ,agriculture shall seek to enter into an agreement to adjust the boundary between the ,valles ,caldera ,national ,preserve and the ,santa ,fe ,national ,forest for the purpose of improving the management of the ,valles ,caldera ,national ,preserve and the ,santa ,fe ,national ,forest1 respectively4 7#b7 ,adjustment ,subject to paragraph 7#d71 if an agreement is entered into by the ,secretary and the ,secretary of ,agriculture under paragraph 7#a71 the boundary between the ,valles ,caldera ,national ,preserve and the ,santa ,fe ,national ,forest shall be adjusted in accordance with the agreement4 7#c7 ,incorporated land ,any land added to the ,valles ,caldera ,national ,preserve or the ,santa ,fe ,national ,forest as a result of the boundary adjustment under paragraph 7#b7 shall be-- 7,a7 subject to any law applicable to the unit to which the land is added2 and 7,b7 withdrawn from-- 7i7 all forms of entry1 appropriation1 or disposal under the public land laws2 7ii7 location1 entry1 and patent under the mining laws2 and 7iii7 disposition under all laws relating to mineral and geothermal leasing or mineral materials4 7#d7 ,contracts and permits ,before adjusting the boundary under paragraph 7#b71 the ,secretary or the ,secretary of ,agriculture1 as applicable1 shall1 with respect to any contract or permit on land affected by the agreement entered into under paragraph 7#a7-- 7,a7 allow the contract or permit to expire at the end of the period of performance of the contract or permit2 or 7,b7 modify the contract or permit to exclude the portion of the land covered by the agreement4 7#e7 ,rights-of-way and easements ,any right-of-way or easement with respect to land transferred to the ,secretary or the ,secretary of ,agriculture under the agreement entered into under paragraph 7#a7 shall be transferred to the ,secretary or the ,secretary of ,agriculture1 as applicable4 7g7 ,unmanned aircraft 7#a7 ,in general ,except as provided in paragraph 7#b71 launching1 landing1 or operating an unmanned aircraft is prohibited within the boundaries of the ,bandelier ,national ,park and ,preserve4 7#b7 ,authorized use 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may permit the use of an unmanned aircraft for-- 7i7 administrative purposes1 including-- 7,i7 scientific study2 7,,ii7 search and rescue operations2 7,,iii7 fire operations2 7,,iv7 law enforcement2 or 7,v7 other administrative purposes1 as determined by the ,secretary2 or 7ii7 activities conducted under an applicable-- 7,i7 scientific research or collecting permit2 or 7,,ii7 special use permit that specifically authorizes launching1 landing1 or operating the unmanned aircraft4 7,b7 ,limitation ,the ,secretary may not permit the use of an unmanned aircraft under subparagraph 7,a7 if the use would cause an unacceptable impact to the resources or values of the ,national ,park or the ,national ,preserve1 as determined by the ,secretary4