[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4216 Reported in Senate (RS)]
<DOC>
Calendar No. 614
118th CONGRESS
2d Session
S. 4216
To establish the Ocmulgee Mounds National Park and Preserve in the
State of Georgia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2024
Mr. Ossoff (for himself and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Ocmulgee Mounds National Park and Preserve in the
State of Georgia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Ocmulgee Mounds National
Park and Preserve Establishment Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advisory council.--The term ``Advisory
Council'' means the Ocmulgee Mounds National Park and Preserve
Advisory Council established under section 5(a).</DELETED>
<DELETED> (2) Map.--The term ``Map'' means the map entitled
``Ocmulgee Mounds National Park and Preserve Proposed
Boundary'', numbered 363/193026, and dated April
2024.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Georgia.</DELETED>
<DELETED> (5) Tribe.--The term ``Tribe'' means the Muscogee
(Creek) Nation.</DELETED>
<DELETED>SEC. 3. REDESIGNATION OF OCMULGEE MOUNDS NATIONAL PARK AND
ESTABLISHMENT OF OCMULGEE MOUNDS NATIONAL
PRESERVE.</DELETED>
<DELETED> (a) Redesignation of Ocmulgee Mounds National Park; Land
Acquisition.--</DELETED>
<DELETED> (1) In general.--The Ocmulgee Mounds National
Historical Park designated by section 2102(b)(1)(A) of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(16 U.S.C. 410yyy-3(b)(1)(A)) shall be known and designated as
the ``Ocmulgee Mounds National Park''.</DELETED>
<DELETED> (2) References.--Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the ``Ocmulgee Mounds National Historical Park''
shall be considered to be a reference to the ``Ocmulgee Mounds
National Park''.</DELETED>
<DELETED> (3) Land acquisition for ocmulgee mounds national
park.--</DELETED>
<DELETED> (A) In general.--The Secretary may acquire
land or any interest in land within the area depicted
as ``National Park Area'' on the Map for inclusion in
the Ocmulgee Mounds National Park by purchase from a
willing seller, donation, or exchange.</DELETED>
<DELETED> (B) Administration.--Any land or interest
in land acquired under subparagraph (A) shall be--
</DELETED>
<DELETED> (i) incorporated into the Ocmulgee
Mounds National Park; and</DELETED>
<DELETED> (ii) administered by the Secretary
in accordance with section 4.</DELETED>
<DELETED> (C) Prohibition on use of eminent
domain.--Nothing in this paragraph authorizes the use
of eminent domain to acquire land or an interest in
land.</DELETED>
<DELETED> (D) Boundaries.--The boundaries of the
Ocmulgee Mounds National Park shall reflect the land
and interests in land acquired for the Ocmulgee Mounds
National Park under subparagraph (A).</DELETED>
<DELETED> (b) Establishment of Ocmulgee Mounds National Preserve.--
</DELETED>
<DELETED> (1) In general.--Effective on the date on which
the Secretary publishes in the Federal Register a notice that
the Secretary has determined that sufficient land within the
area depicted as ``National Preserve Area'' on the Map has been
acquired under paragraph (2) to constitute a manageable unit,
there is established the Ocmulgee Mounds National Preserve in
the State as a unit of the National Park System.</DELETED>
<DELETED> (2) Land acquisition for ocmulgee mounds national
preserve.--</DELETED>
<DELETED> (A) In general.--The Secretary may acquire
land or any interest in land within the area depicted
as ``National Preserve Area'' on the Map for inclusion
in the Ocmulgee Mounds National Preserve by purchase
from a willing seller, donation, or exchange.</DELETED>
<DELETED> (B) Administration.--Any land or interest
in land acquired under subparagraph (A) shall be--
</DELETED>
<DELETED> (i) incorporated into the Ocmulgee
Mounds National Preserve; and</DELETED>
<DELETED> (ii) administered by the Secretary
in accordance with section 4.</DELETED>
<DELETED> (C) Prohibition on use of eminent
domain.--Nothing in this paragraph authorizes the use
of eminent domain to acquire land or an interest in
land.</DELETED>
<DELETED> (3) Boundaries.--The boundaries of the Ocmulgee
Mounds National Preserve shall reflect the land and interests
in land acquired for the Ocmulgee Mounds National Preserve
under paragraph (2)(A).</DELETED>
<DELETED> (c) Maps and Legal Descriptions.--</DELETED>
<DELETED> (1) In general.--The Secretary shall file with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives--</DELETED>
<DELETED> (A) as soon as practicable after the date
of enactment of this Act, a map and legal description
of the Ocmulgee Mounds National Park; and</DELETED>
<DELETED> (B) as soon as practicable after the date
of establishment of the Ocmulgee Mounds National
Preserve, a map and legal description of the Ocmulgee
Mounds National Preserve.</DELETED>
<DELETED> (2) Corrections.--The maps and legal descriptions
filed under paragraph (1) shall have the same force and effect
as if included in this Act, except that the Secretary may make
technical corrections to the maps and legal
descriptions.</DELETED>
<DELETED> (3) Availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.</DELETED>
<DELETED>SEC. 4. ADMINISTRATION OF OCMULGEE MOUNDS NATIONAL PARK AND
PRESERVE.</DELETED>
<DELETED> (a) In General.--The Ocmulgee Mounds National Park and the
Ocmulgee Mounds National Preserve shall--</DELETED>
<DELETED> (1) be administered as a single unit of the
National Park System in accordance with--</DELETED>
<DELETED> (A) this section;</DELETED>
<DELETED> (B) the laws generally applicable to units
of the National Park System, including--</DELETED>
<DELETED> (i) section 100101(a), chapter
1003, and sections 100751(a), 100752, 100753,
and 102101 of title 54, United States Code;
and</DELETED>
<DELETED> (ii) chapter 3201 of title 54,
United States Code; and</DELETED>
<DELETED> (C) any co-management agreement entered
into under subsection (b); and</DELETED>
<DELETED> (2) collectively be known and designated as the
``Ocmulgee Mounds National Park and Preserve''.</DELETED>
<DELETED> (b) Co-Management Agreement.--Not later than 1 year after
the date of receipt of the recommendations of the Advisory Council
under section 5(b)(2), the Secretary shall enter into an agreement with
the Tribe to provide for the co-management of the Ocmulgee Mounds
National Park and Preserve by the Secretary and the Tribe.</DELETED>
<DELETED> (c) Hunting and Fishing.--</DELETED>
<DELETED> (1) Hunting.--The Secretary shall allow hunting on
lands under the jurisdiction of the Secretary within the
boundaries of the Ocmulgee Mounds National Preserve in
accordance with applicable Federal and State laws.</DELETED>
<DELETED> (2) Fishing.--The Secretary shall allow fishing on
waters under the jurisdiction of the Secretary within the
boundaries of the Ocmulgee Mounds National Park and Preserve in
accordance with applicable Federal and State laws.</DELETED>
<DELETED> (3) Limitation.--The Secretary may designate zones
in which, and establish periods during which, no hunting,
fishing, or both, shall be allowed for reasons of public
safety, administration, fish or wildlife management, or
emergencies.</DELETED>
<DELETED> (4) Consultation.--The Secretary shall ensure any
regulations prescribing such restrictions under this subsection
shall be put into effect only after consultation with the
State.</DELETED>
<DELETED> (5) Private land.--Nothing in this subsection
prohibits hunting, fishing, or trapping on private land in
accordance with applicable State and Federal laws.</DELETED>
<DELETED> (6) Congressional intent.--Nothing in this Act is
intended to affect the jurisdiction or responsibilities of the
State with respect to fish and wildlife.</DELETED>
<DELETED> (d) Hiring Preference.--The Secretary shall establish
policies to provide a preference for hiring members of the Tribe for
positions at the Ocmulgee Mounds National Park and Preserve, consistent
with the Indian preference policy established by the Secretary of the
Interior under section 12 of the Act of June 18, 1934 (commonly known
as the ``Indian Reorganization Act'') (48 Stat. 986, chapter 576; 25
U.S.C. 5116).</DELETED>
<DELETED> (e) Effect on Administration of Bond Swamp National
Wildlife Refuge.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), nothing in this Act affects the continued administration
of the Bond Swamp National Wildlife Refuge by the Director of
the United States Fish and Wildlife Service as a unit of the
National Wildlife Refuge System.</DELETED>
<DELETED> (2) Cultural interpretation activities.--The
Director of the National Park Service shall consult with the
Tribe to provide cultural programs and related activities with
respect to the Bond Swamp National Wildlife Refuge with the
consent of the Director of the United States Fish and Wildlife
Service.</DELETED>
<DELETED> (f) Tribal Uses.--Subject to any terms and conditions that
the Secretary determines to be necessary and in accordance with
applicable law, the Secretary shall allow for the continued use of the
Ocmulgee Mounds National Park and Preserve by members of the Tribe
for--</DELETED>
<DELETED> (1) traditional ceremonies; and</DELETED>
<DELETED> (2) hunting, fishing, and trapping.</DELETED>
<DELETED> (g) Military Activities.--Nothing in this Act precludes--
</DELETED>
<DELETED> (1) low-level overflights of military aircraft
over the Ocmulgee Mounds National Park and Preserve;</DELETED>
<DELETED> (2) the designation of new units of special use
airspace over the Ocmulgee Mounds National Park and
Preserve;</DELETED>
<DELETED> (3) the use or establishment of military flight
training routes over the Ocmulgee Mounds National Park and
Preserve;</DELETED>
<DELETED> (4) access to electronic tracking and
communications sites associated with special use airspace or
military flight training routes over the Ocmulgee Mounds
National Park and Preserve;</DELETED>
<DELETED> (5) ground access to respond to emergency or
accident locations relating to special use airspace or military
flight training routes over the Ocmulgee Mounds National Park
and Preserve;</DELETED>
<DELETED> (6) continued use of the Ocmulgee Mounds National
Park and Preserve by tactical ground parties or the maintenance
of existing associated ground instrumentation, in accordance
with any applicable interagency agreements in effect on the
date of enactment of this Act; or</DELETED>
<DELETED> (7) the Secretary of Defense from entering into
new or renewed agreements with the Secretary relating to the
use by military aircraft of airspace over the Ocmulgee Mounds
National Park and Preserve or the maintenance of associated
ground instrumentation or tactical ground parties--</DELETED>
<DELETED> (A) that will not interfere with the
management of the Ocmulgee Mounds National Park and
Preserve for the purposes for which the Ocmulgee Mounds
National Park and Preserve was established;
and</DELETED>
<DELETED> (B) in accordance with applicable
laws.</DELETED>
<DELETED>SEC. 5. ADVISORY COUNCIL.</DELETED>
<DELETED> (a) Establishment.--The Secretary shall establish an
advisory council, to be known as the ``Ocmulgee Mounds National Park
and Preserve Advisory Council''.</DELETED>
<DELETED> (b) Duties.--The Advisory Council shall--</DELETED>
<DELETED> (1) advise the Secretary with respect to the
preparation and implementation of a management plan for the
Ocmulgee Mounds National Park and Preserve; and</DELETED>
<DELETED> (2) not later than 3 years after the date of
enactment of this Act, submit to the Secretary recommendations
relating to the management of the Ocmulgee Mounds National Park
and Preserve, including the role of the Tribe with respect to
the delegation of any aspects of Federal decisionmaking,
including land management, species management, and the
interpretation of cultural resources and resources of the Tribe
at the Ocmulgee Mounds National Park and Preserve.</DELETED>
<DELETED> (c) Members.--The Advisory Council shall consist of 9
members, to be appointed by the Secretary, as follows:</DELETED>
<DELETED> (1) 1 member, who shall be the superintendent of
the Ocmulgee Mounds National Park and Preserve.</DELETED>
<DELETED> (2) 1 member, who shall be the Secretary of
Culture and Humanities of the Tribe.</DELETED>
<DELETED> (3) 1 member, who shall be the Secretary of
Interior Affairs of the Tribe.</DELETED>
<DELETED> (4) 1 member, who shall be the Principal Chief of
the Tribe.</DELETED>
<DELETED> (5) 1 member, who shall be a representative of the
applicable National Park Service regional office for the
State.</DELETED>
<DELETED> (6) 1 member, who shall be a representative of the
applicable United States Fish and Wildlife Service regional
office for the State.</DELETED>
<DELETED> (7) 1 member, who shall be the United States Fish
and Wildlife Service project leader of the Bond Swamp National
Wildlife Refuge.</DELETED>
<DELETED> (8) 1 member, who shall be a representative of the
State Department of Natural Resources.</DELETED>
<DELETED> (9) 1 member, who shall be a representative of the
Middle Georgia Regional Commission.</DELETED>
<DELETED> (d) Applicable Law.--The Advisory Council shall be subject
to chapter 10 of title 5, United States Code (commonly referred to as
the ``Federal Advisory Committee Act'') and other applicable
laws.</DELETED>
<DELETED> (e) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner as the original appointment.</DELETED>
<DELETED> (f) Quorum.--A majority of the members of the Advisory
Council (including not fewer than 1 member who is a designated
representative of the Tribe) shall constitute a quorum.</DELETED>
<DELETED> (g) Chairperson.--The Advisory Council shall--</DELETED>
<DELETED> (1) elect a chairperson of the Advisory Council
from among the members of the Advisory Council; and</DELETED>
<DELETED> (2) establish any rules and procedures for the
Advisory Council that the Advisory Council determines to be
appropriate.</DELETED>
<DELETED> (h) No Compensation.--Members of the Advisory Council
shall serve without compensation.</DELETED>
<DELETED> (i) Termination.--The Advisory Council shall terminate on
the date on which the Advisory Council completes the management plan
for the Ocmulgee Mounds National Park and Preserve.</DELETED>
<DELETED>SEC. 6. LAND TO BE HELD IN TRUST.</DELETED>
<DELETED> All right, title, and interest of the United States in and
to the approximately 126 acres of land in the Ocmulgee Mounds National
Park and Preserve owned in fee by the Tribe are hereby taken into trust
for the benefit of the Tribe. Such land--</DELETED>
<DELETED> (1) is part of Indian cou