[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8182 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8182
To establish the Ocmulgee Mounds National Park and Preserve in the
State of Georgia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2024
Mr. Austin Scott of Georgia (for himself, Mr. Bishop of Georgia, Mr.
Allen, Mr. Carter of Georgia, Mr. Collins, Mr. Ferguson, Ms. Greene of
Georgia, Mr. Loudermilk, Mr. McCormick, Mr. Johnson of Georgia, Mrs.
McBath, Mr. David Scott of Georgia, and Ms. Williams of Georgia)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocmulgee Mounds National Park and
Preserve Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Ocmulgee Mounds National Park and Preserve Advisory Council
established under section 5(a).
(2) Map.--The term ``Map'' means the map entitled
``Ocmulgee Mounds National Park and Preserve Proposed
Boundary'', numbered 363/193026, and dated April 2024.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Georgia.
(5) Tribe.--The term ``Tribe'' means the Muscogee (Creek)
Nation.
SEC. 3. REDESIGNATION OF OCMULGEE MOUNDS NATIONAL PARK AND
ESTABLISHMENT OF OCMULGEE MOUNDS NATIONAL PRESERVE.
(a) Redesignation of Ocmulgee Mounds National Park; Land
Acquisition.--
(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''.
(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''.
(3) Land acquisition for ocmulgee mounds national park.--
(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.
(B) Administration.--Any land or interest in land
acquired under subparagraph (A) shall be--
(i) incorporated into the Ocmulgee Mounds
National Park; and
(ii) administered by the Secretary in
accordance with section 4.
(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.
(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).
(b) Establishment of Ocmulgee Mounds National Preserve.--
(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.
(2) Land acquisition for ocmulgee mounds national
preserve.--
(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.
(B) Administration.--Any land or interest in land
acquired under subparagraph (A) shall be--
(i) incorporated into the Ocmulgee Mounds
National Preserve; and
(ii) administered by the Secretary in
accordance with section 4.
(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.
(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).
(c) Maps and Legal Descriptions.--
(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--
(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
(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.
(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.
(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.
SEC. 4. ADMINISTRATION OF OCMULGEE MOUNDS NATIONAL PARK AND PRESERVE.
(a) In General.--The Ocmulgee Mounds National Park and the Ocmulgee
Mounds National Preserve shall--
(1) be administered as a single unit of the National Park
System in accordance with--
(A) this section;
(B) the laws generally applicable to units of the
National Park System, including--
(i) section 100101(a), chapter 1003, and
sections 100751(a), 100752, 100753, and 102101
of title 54, United States Code; and
(ii) chapter 3201 of title 54, United
States Code; and
(C) any co-management agreement entered into under
subsection (b); and
(2) collectively be known and designated as the ``Ocmulgee
Mounds National Park and Preserve''.
(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.
(c) Hunting and Fishing.--
(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.
(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.
(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.
(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.
(5) Private land.--Nothing in this subsection prohibits
hunting, fishing, or trapping on private land in accordance
with applicable State and Federal laws.
(6) Congressional intent.--Nothing in this Act is intended
to affect the jurisdiction or responsibilities of the State
with respect to fish and wildlife.
(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).
(e) Effect on Administration of Bond Swamp National Wildlife
Refuge.--
(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.
(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.
(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--
(1) traditional ceremonies; and
(2) hunting, fishing, and trapping.
(g) Military Activities.--Nothing in this Act precludes--
(1) low-level overflights of military aircraft over the
Ocmulgee Mounds National Park and Preserve;
(2) the designation of new units of special use airspace
over the Ocmulgee Mounds National Park and Preserve;
(3) the use or establishment of military flight training
routes over the Ocmulgee Mounds National Park and Preserve;
(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;
(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;
(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
(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--
(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
(B) in accordance with applicable laws.
SEC. 5. ADVISORY COUNCIL.
(a) Establishment.--The Secretary shall establish an advisory
council, to be known as the ``Ocmulgee Mounds National Park and
Preserve Advisory Council''.
(b) Duties.--The Advisory Council shall--
(1) advise the Secretary with respect to the preparation
and implementation of a management plan for the Ocmulgee Mounds
National Park and Preserve; and
(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.
(c) Members.--The Advisory Council shall consist of 9 members, to
be appointed by the Secretary, as follows:
(1) The superintendent of the Ocmulgee Mounds National Park
and Preserve.
(2) The Secretary of Culture and Humanities of the Tribe.
(3) The Secretary of Interior Affairs of the Tribe.
(4) The Principal Chief of the Tribe.
(5) A representative of the applicable National Park
Service regional office for the State.
(6) A representative of the applicable United States Fish
and Wildlife Service regional office for the State.
(7) The United States Fish and Wildlife Service project
leader of the Bond Swamp National Wildlife Refuge.
(8) A representative of the State Department of Natural
Resources.
(9) A representative of the Middle Georgia Regional
Commission.
(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.
(e) Vacancy.--A vacancy on the Advisory Council shall be filled in
the same manner as the original appointment.
(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.
(g) Chairperson.--The Advisory Council shall--
(1) elect a chairperson of the Advisory Council from among
the members of the Advisory Council; and
(2) establish any rules and procedures for the Advisory
Council that the Advisory Council determines to be appropriate.
(h) No Compensation.--Members of the Advisory Council shall serve
without compensation.
(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.
SEC. 6. LAND TO BE HELD IN TRUST.
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--
(1) is part of Indian country (as defined in section 1151
of title 18, United State Code) of the Tribe; and
(2) shall be administered in accordance with the laws and
regulations generally applicable to property held in trust by
the United States for the benefit of an Indian Tribe.
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