,,ii #aahth ,,congress #b;d ,session ,s4 #dhbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjbd,ms4 ,cortez ,masto introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to establish the ,bahsahwahbee ,national ,monument in the ,state of ,nevada1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bahsahwahbee ,national ,monument ,act 4 #b4 ,findings ,congress finds that-- 7#a7 the term ,newe-- 7,a7 is used by the ,western ,shoshone people to refer to themselves2 and 7,b7 refers to the members of-- 7i7 the ,confederated ,tribes of the ,goshute ,reservation2 7ii7 the ,duckwater ,shoshone ,tribe2 and 7iii7 the ,ely ,shoshone ,tribe2 7#b7 in the ,newe language1 the term ,bahsahwahbee means ,sacred ,water ,valley2 7#c7 certain ,federal public land in ,spring ,valley1 ,white ,pine ,county1 ,nevada1 known as ,bahsahwahbee-- 7,a7 is a nationally significant cultural and natural landscape2 7,b7 has been a significant religious gathering area for indigenous people in the ,great ,basin since time immemorial2 7,c7 was the site of three #aith century massacres of the ,newe people that had gathered in the area for religious ceremonies1 including #a of the largest recorded massacres of ,native ,americans in ,united ,states history1 which resulted in the death of approximately #ebe to #gjj men1 women1 and children2 7,d7 continues to have historical1 cultural1 traditional1 and spiritual significance for the ,newe people and other federally recognized ,indian ,tribes with a historical connection to the area2 7,e7 contains archaeological and cultural resources that provide a historical record of significance1 including evidence of-- 7i7 ,newe-- 7,i7 cultural history2 7,,ii7 trade systems and regional contacts2 7,,iii7 population and economic change2 and 7,,iv7 residence since time immemorial2 and 7ii7 ,euro-,american exploration and settlement of the western ,united ,states1 including-- 7,i7 the ,pony ,express ,route2 7,,ii7 ,simpson's ,route2 and 7,,iii7 ,cleveland ,ranch2 7,f7 contains remarkable scenic values providing sweeping views of some of the highest mountains in the ,state of ,nevada1 including-- 7i7 ,mount ,wheeler at #ac1jfj feet2 7ii7 ,doso ,doyabi at #ab1gge feet2 and 7iii7 ,north ,schell ,peak at #aa1hhj feet2 7,g7 contains intact ecosystems and unique species1 including the largest of #c known occurrences of a valley bottom ecotype of ,rocky ,mountain juniper1 locally known as the swamp cedar trees1 an exceedingly rare plant community1 particularly in the high desert environment of northeastern ,nevada that relies on shallow groundwater to survive2 and 7,h7 due to the remote nature of the area1 preserves the opportunity to enjoy natural quiet1 dark night skies1 and solitude2 7#d7 the ,newe and other federally recognized ,indian ,tribes with historic ties to the area known as ,bahsahwahbee-- 7,a7 possess distinct and irreplaceable traditional cultural knowledge of the nationally unique area1 including the groundwater-dependent springs and swamp cedar trees on the ,federal land that are vital for ,newe ceremonies2 7,b7 possess traditional ecological and historical knowledge that is critical for informing ,federal land management decisions affecting the area2 7,c7 continue to use the area-- 7i7 to hold religious and ceremonial gatherings2 7ii7 to pass down traditional knowledge2 and 7iii7 to honor and mourn their ancestors who were murdered and mutilated during serial massacres2 and 7,d7 consider the grove of swamp cedar trees to be sacred and embody the spirits of the ,indigenous ,newe people who were killed during the #aith century massacres2 and 7#e7 establishing the ,federal public land within the ,bahsahwahbee landscape as a national monument would permanently protect the natural and cultural resources of the area for the benefit and enjoyment of present and future generations4 #c4 ,definitions ,in this ,act3 7#a7 ,advisory committee ,the term advisory committee means the advisory committee established under section #e7;c77#a74 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 ,management plan ,the term management plan means the management plan for the ,national ,monument developed under section #e7;b74 7#d7 ,map ,the term map means the map entitled ,proposed ,bahsahwahbee ,national ,monument and dated ,june #ah1 #bjbd4 7#e7 ,national monument ,the term ,national ,monument means the ,bahsahwahbee ,national ,monument established by section #d7;a74 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,state ,the term ,state means the ,state of ,nevada4 #d4 ,establishment of ,bahsahwahbee ,national ,monument1 ,nevada 7a7 ,establishment ,subject to valid existing rights1 there is established the ,bahsahwahbee ,national ,monument in the ,state4 7b7 ,purpose ,the purpose of the ,national ,monument is to conserve1 protect1 interpret1 and enhance for the benefit and enjoyment of present and future generations the cultural1 historical1 natural1 ecological1 educational1 and scientific resources of the ,national ,monument4 7c7 ,area included ,the ,national ,monument shall consist of approximately #be1jjj acres of ,federal land in ,white ,pine ,county1 ,nevada1 generally depicted as ,proposed ,bahsahwahbee ,national ,monument on the map4 #e4 ,management of the national monument 7a7 ,in general ,the ,secretary shall manage the ,national ,monument in a manner that conserves1 protects1 and enhances the resources of the ,national ,monument4 7b7 ,management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall develop a comprehensive plan for the protection and management of the ,national ,monument1 consistent with this ,act4 7#b7 ,consultation2 traditional knowledge ,in developing the management plan1 the ,secretary shall-- 7,a7 consult with-- 7i7 the advisory committee2 7ii7 appropriate entities of the ,federal ,government and ,state1 ,tribal1 and local governments2 7iii7 grazing permittees within the boundary of the ,national ,monument2 and 7iv7 members of the public in the vicinity of the ,national ,monument2 7,b7 incorporate the traditional ecological knowledge of members of ,indian ,tribes2 and 7,c7 provide for the commemoration of the ,tribal history and culture of the ,newe people4 7c7 ,advisory committee 7#a7 ,establishment ,the ,secretary shall establish and maintain an advisory committee under chapter #aj of title #e1 ,united ,states ,code 7commonly referred to as the ,federal ,advisory ,committee ,act71 to provide information and advice to the ,secretary with respect to-- 7,a7 the development of the management plan2 and 7,b7 the management of the ,national ,monument4 7#b7 ,membership ,in appointing members to the advisory committee1 the ,secretary shall ensure that-- 7,a7 there is a fair and balanced representation of interested stakeholders2 7,b7 a majority of members are members of ,indian ,tribes with a historical connection to the land within the ,national ,monument1 including members from each of the ,duckwater ,shoshone ,tribe1 the ,confederated ,tribes of the ,goshute1 and the ,ely ,shoshone ,tribe2 and 7,c7 the remaining members represent local governmental entities1 grazing permittees within the ,national ,monument1 owners of private land1 recreational users1 conservation organizations1 wildlife or hunting organizations1 the scientific community1 business owners1 and local citizens4 7d7 ,native american access and use 7#a7 ,access ,to the extent practicable1 the ,secretary shall ensure access to the ,national ,monument by members of an ,indian ,tribe for traditional cultural purposes4 7#b7 ,temporary closure 7,a7 ,in general ,the ,secretary1 on the request of an ,indian ,tribe1 may temporarily close to the general public use of #a or more specific portions of the ,national ,monument in order to protect the privacy of traditional cultural activities in the temporarily closed portion by members of the ,indian ,tribe4 7,b7 ,limitation ,any closure under subparagraph 7,a7 shall be made so as to affect the smallest area practicable for the minimum period necessary4 7#c7 ,applicable law ,access and use by members of an ,indian ,tribe under this subsection shall be consistent with the purpose and intent of ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act7 7#db ,u4,s4,c4 #aiif et seq47 and other applicable law4 7e7 ,grazing ,the ,secretary shall permit the grazing of livestock 7including the maintenance and replacement of fencing and related grazing infrastructure7 in the ,national ,monument1 as established as of the date of enactment of this ,act1 to continue1 subject to such reasonable regulations1 policies1 and practices as the ,secretary determines to be necessary4 7f7 ,motorized vehicles 7#a7 ,in general ,except as provided in paragraph 7#b71 the use of motorized vehicles on land within the ,national ,monument shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan4 7#b7 ,exceptions ,notwithstanding paragraph 7#a71 the use of motorized vehicles within the ,national ,monument is allowed1 if the use is necessary-- 7,a7 for administrative purposes2 7,b7 to respond to an emergency2 or 7,c7 to allow for continued access to private inholdings and other authorized uses within the ,national ,monument4 7g7 ,acquisition and incorporation of land and interests in land 7#a7 ,authority ,the ,secretary may acquire non-,federal land 7including interests in non-,federal land7 within the boundary of the ,national ,monument by-- 7,a7 exchange1 if the exchange furthers the purposes of the ,national ,monument1 as determined by the ,secretary2 7,b7 donation2 or 7,c7 purchase from a willing seller with donated or appropriated funds4 7#b7 ,management ,any non-,federal land or interest in non-,federal land that is acquired by the ,united ,states under paragraph 7#a7 shall-- 7,a7 become part of the ,national ,monument2 7,b7 be withdrawn in accordance with subsection 7h72 and 7,c7 be managed in accordance with this ,act4 7h7 ,withdrawal ,subject to valid existing rights1 the ,federal land and interests in ,federal land within the ,national ,monument are 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 leasing and geothermal leasing laws4 7i7 ,military overflights ,nothing in this ,act restricts or precludes-- 7#a7 low-level overflights of military aircraft over the ,national ,monument1 including military overflights that can be seen1 heard1 or detected within the ,national ,monument2 7#b7 flight testing and evaluation over the ,national ,monument2 7#c7 the designation or creation of new units of special use airspace over the ,national ,monument2 or 7#d7 the establishment of military flight training routes over the ,national ,monument4 7j7 ,water rights ,nothing in this ,act affects-- 7#a7 any water rights in the ,state existing on the date of enactment of this ,act1 including any water rights held by the ,united ,states2 or 7#b7 the use or allocation of any water right4 7k7 ,fish and wildlife ,nothing in this ,act affects or diminishes the jurisdiction of the ,state with respect to fish and wildlife management within the ,national ,monument4 7l7 ,no effect on rights of indian tribes ,nothing in this ,act affects the treaty rights or jurisdiction of any ,indian ,tribe4 7m7 ,effect on designated corridors ,nothing in this ,act-- 7#a7 affects the designated transmission right-of-way or corridor for ,nevada ,state ,highway #ej2 7#b7 affects the existence1 use1 operation1 access1 maintenance1 upgrade1 repair1 construction1 reconfiguration1 expansion1 inspection1 renewal1 reconstruction1 alteration1 addition1 relocation improvement funding1 removal1 or replacement of any water facility or utility facility within an existing right-of-way or designated transportation or utility corridor issued before the date of enactment of this ,act within the ,national ,monument2 or 7#c7 prohibits access to1 or the repair or replacement of1 a transmission or fiber optic line within a right-of-way within the boundary of the ,national ,monument issued before the date of enactment of this ,act4 7n7 ,no buffer zones 7#a7 ,in general ,nothing in this ,act creates a protective perimeter or buffer zone around the ,national ,monument4 7#b7 ,activities outside national monument ,the fact that an activity or use on land outside the ,national ,monument can be seen or heard within the ,national ,monument shall not preclude the activity or use outside the ,national ,monument boundary4 7o7 ,agreements and partnerships ,to the maximum extent practicable and in accordance with applicable laws1 on request of #a or more ,indian ,tribes referred to in subsection 7c77#b77;,b71 the ,secretary shall enter into agreements1 contracts1 and other cooperative and collaborative partnerships with the applicable ,indian ,tribes with respect to management of the ,national ,monument under relevant ,federal authority4 7p7 ,interpretation and education ,the ,secretary1 in coordination with the ,indian ,tribes referred to in subsection 7c77#b77;,b71 shall provide for public interpretation of1 and education on1 the history and natural and cultural resources of the ,national ,monument4