Establishment of the Camp Hale-Continental Divide National Monument, 63381-63392 [2022-22810]

Agencies

• Executive Office of the President

[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Presidential Documents]
[Pages 63381-63392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22810]




                        Presidential Documents 



Federal Register / Vol. 87, No. 201 / Wednesday, October 19, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 63381]]

                Proclamation 10476 of October 12, 2022

                
Establishment of the Camp Hale-Continental Divide 
                National Monument

                By the President of the United States of America

                A Proclamation

                The Camp Hale and Tenmile Range area lies along the 
                continental divide in north-central Colorado and is 
                treasured for its historical and spiritual 
                significance, stunning geological features, and unique 
                wildlife and plants. The rugged landscape serves as a 
                living testament to a pivotal moment in America's 
                military history, as these peaks and valleys forged the 
                elite soldiers of the famed 10th Mountain Division--the 
                Army's first and only mountain infantry division--which 
                helped free Europe from the grip of Nazi control in 
                World War II. The area is also foundational to 
                preserving and interpreting the story of 10th Mountain 
                Division veterans who, after their return from World 
                War II, applied the skills they learned in the Camp 
                Hale and Tenmile Range area to establish America's 
                skiing and outdoor recreation industry. Today, the 
                largely undeveloped peaks, slopes, and valleys of the 
                Camp Hale and Tenmile Range area provide veterans, 
                their families, and other visitors with a place to 
                learn the history of the 10th Mountain Division; to 
                honor their sacrifices and contributions to our Nation; 
                and to experience firsthand the formidable environs 
                that taught American soldiers to endure extreme 
                mountain terrain, deep snow, and punishing cold. This 
                endurance proved pivotal to the success of the United 
                States and its allies in World War II when, in February 
                1945, the 10th Mountain Division successfully scaled a 
                1,500-foot cliff face to capture a German position in 
                the Apennine Mountains, helping the Allies to break 
                through the German defensive line in Italy and push 
                further into Europe.

                The Army began construction of Camp Hale in April of 
                1942 in the Pando Valley after the Department of 
                Agriculture authorized the War Department to use 
                179,000 acres of National Forest lands to train 
                soldiers to climb and ski in preparation for operations 
                in harsh, cold, high-altitude areas. The valley floor--
                which sits at 9,200 feet in elevation--was broad enough 
                to hold a large encampment, and the Eagle River, which 
                passes through the valley, provided a year-round water 
                supply. Near the encampment were training grounds fit 
                for the Army's purpose, including the rugged Tenmile 
                Range's rock faces, deep snow, and frigid temperatures. 
                The site also took advantage of existing 
                infrastructure, such as the nearby rail system and 
                highway, which remain important arteries through the 
                Rocky Mountains.

                Visitors can see traces of the life of the thousands of 
                young servicemen and approximately 200 servicewomen who 
                were stationed at Camp Hale along the valley floor, 
                surrounded on all sides by forested hills and mountains 
                stretching up to more than 14,000 feet. At its height, 
                Camp Hale sprawled across nearly 1,500 acres. Its 1,000 
                buildings included 245 barracks (which could house more 
                than 15,000 soldiers), mess halls, warehouses, training 
                facilities, firing ranges, administrative buildings, 
                stables, corrals, a veterinary center, theaters, 
                chapels, a field house, and a hospital. The camp also 
                featured parade grounds, recreation areas, gunnery 
                ranges, a combat range, ski hills, a stockade, a motor 
                pool, railyards, and an extensive road and bridge 
                network. Several contiguous areas on the side slopes of 
                the valley also served as

[[Page 63382]]

                training areas for skiing and rock climbing, storage 
                areas for ammunition, and target training sites.

                Between April and November of 1942, hundreds of 
                construction workers--many living in harsh conditions 
                in tents, trailers, and even in cars and trucks--rushed 
                to build Camp Hale. Racial discrimination against 
                Hispanic and Black construction workers at the camp 
                caught national attention and led to an investigation 
                by the War Production Board, prompting the United 
                States Army to issue an order against racial 
                discrimination in war construction projects in the 
                region. This history--and the history of segregation 
                within the Army itself during World War II--is a 
                critical component of the experience of visiting and 
                understanding Camp Hale.

                Camp Hale opened for operation on November 16, 1942. 
                Following the conclusion of the war, the Army used the 
                camp only sporadically until its permanent closure in 
                1965. At that time, many facilities were removed or 
                buried; however, much of the camp remains visible 
                today, and the site was placed on the National Register 
                of Historic Places in 1992. The layout of the camp can 
                be discerned from its grid-like road system, formed by 
                3 major north-south roads and 21 east-west crossing 
                streets, many of which are identifiable or still in 
                use. Concrete foundations for the warehouse area, the 
                Corps Area Service Command compound, the division 
                headquarters, and the barracks extend across the valley 
                floor. In the center of the site lie remnants of the 
                field house, including buttresses and the floor slab. 
                Evidence of six ammo bunkers in the magazine area, 
                which provided ammunition storage for the camp, occupy 
                a small saddle on the northeast side of the valley. On 
                a hill just to the south of the magazine area remain 
                the footers of the four water tanks that supplied the 
                camp. At the eastern edge of the camp, the rifle range 
                remains largely intact, and the range's target butts--a 
                long series of rooms built of reinforced concrete--can 
                still be seen. The area around the camp also includes 
                remnants of the training that occurred there: the 
                original pitons used to train technical climbing are 
                embedded in several northeastern cliffs, and the 
                remains of a tow and lift can be seen along two ski 
                hills at the south end of the valley.

                While Camp Hale was in operation, training exercises 
                occurred among the peaks and slopes around Camp Hale 
                and in the Tenmile Range. Today, the peaks that remain 
                undeveloped around Camp Hale--which include Pearl Peak, 
                Sheep Mountain, and Taylor Hill--and in the Tenmile 
                Range--which include Peaks 1, 3, 4, and 5; the western 
                slopes of Peaks 6 through 10; Tenmile Peak; and several 
                other named peaks (such as the 14,625-foot Quandary 
                Peak) that extend to the south--are largely unchanged 
                since the 1940s. The entire landscape of the Camp Hale 
                and Tenmile Range area, therefore, serves as a kind of 
                living museum, allowing visitors to imagine and 
                understand what life was like for the young servicemen 
                in the 10th Mountain Division.

                Camp Hale and its surroundings, including the 
                undeveloped areas of the Tenmile Range, were used to 
                train the 10th Mountain Division, the 99th Infantry 
                Battalion, and other units in mountain and winter 
                warfare. This iconic location inspired military 
                innovation. While training there, the 99th Infantry 
                Battalion--a unique, Norwegian-speaking military unit 
                that consisted primarily of Norwegian nationals and 
                Americans of direct Norwegian descent--developed a 
                mount for heavy machinery using two skis. Following 
                World War II, Camp Hale's unique attributes supported 
                highly classified national security efforts. In the 
                late 1950s, the Central Intelligence Agency trained 
                various special mission teams at Camp Hale, including 
                nearly 170 Tibetans for operations in China against the 
                communist government.

                The area is also foundational to the history of the 
                United States ski and outdoor recreation industry and 
                thus has had a profound impact on American culture. 
                Veterans of the 10th Mountain Division founded or 
                managed more than 60 ski resorts upon their return from 
                deployment, some in the same mountains where they had 
                trained. The remnants of the Mount

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                Royal/Peak One Ski Jumps, including a scaffold that 
                supported the judges' platform, can also be found in 
                the area. Other veterans from Camp Hale would go on to 
                become trailblazers in conservation and outdoor 
                education and recreation: David Brower served as the 
                first executive director of the Sierra Club; Paul 
                Petzoldt founded the National Outdoor Leadership 
                School; and Fritz Benedict founded the 10th Mountain 
                Division Hut Association, which manages a network of 30 
                mountain huts--including three in the Camp Hale and 
                Tenmile Range area--that enable backcountry skiers, 
                mountain bikers, and hikers to access and experience 
                the historic and scientific objects found there. 
                Journeying to the Camp Hale and Tenmile Range area of 
                the continental divide allows visitors to experience 
                the mountains and valleys that inspired these veterans 
                to make important contributions to conservation and 
                recreation and to learn about and reflect on the mark 
                they left on America when they returned from service 
                during war.

                The Camp Hale and Tenmile Range area is also rich in 
                ancient human history. The area bears the marks of 
                centuries of habitation by Indigenous peoples who have 
                called the region home since time immemorial and who 
                referred to this area of the Rocky Mountains as 
                K[aacute]ava'avichi--meaning ``mountains laying down.'' 
                Forced from much of their homelands when precious 
                minerals were discovered, their history serves as a 
                stark reminder that the United States' commitment to 
                its highest ideals of democracy, liberty, and equality 
                has too often been imperfect, particularly for Tribal 
                Nations and Indigenous peoples. For thousands of years, 
                the Ute people traveled to the Pando Valley when winter 
                snows melted as part of an annual migration circuit to 
                hunt game and collect medicinal plants. The area also 
                served as an important transportation corridor for 
                those traveling to sacred hot springs in Glenwood 
                Springs, and the traditional Ute trail lies under the 
                road that runs along the Eagle River today. Evidence of 
                these ancient occupants is found at hundreds of sites, 
                including lithic scatters, a high-elevation prehistoric 
                camp, and stone circles where projectile points and 
                prehistoric tools have been found. Burial sites of 
                historic connection to the Ute Tribes--and of 
                importance to them today--can also be found in the area 
                with funerary objects and the remains of ancestral 
                peoples who lived in the area thousands of years ago. 
                One such site holds the 8,000-year-old remains of an 
                ancient Ute--believed by some to have been a person of 
                great stature in the Ute community. Some of the objects 
                of cultural importance to the Ute Tribes are sensitive, 
                rare, or vulnerable to vandalism and theft; therefore, 
                revealing their specific names and locations could pose 
                a danger to the objects.

                As a result of the 1873 Brunot Agreement and an 1880 
                Congressional declaration, the Ute Tribes forcibly 
                relinquished the Camp Hale and Tenmile Range areas (and 
                much of the rest of their homelands), and retained only 
                small portions of their ancestral homelands on 
                reservations in southwestern Colorado and eastern Utah. 
                More than a century later, however, the Camp Hale and 
                Tenmile Range area remains culturally important to the 
                Ute people, who consider the area an important place to 
                honor their ancestors. They continue to return to the 
                region to forage for medicinal and ceremonial plants, 
                hunt, and fish.

                The area is replete with evidence of the mining 
                activity that sparked the exclusion of the Ute people 
                and drove development in the region in the late 19th 
                century. Perched on the side of Mount Royal at an 
                elevation of 9,600 feet and named after the 
                Pennsylvania hometown of one of its investors, the 
                Masontown mining site once included a mill, numerous 
                mine shafts, and a boarding house and homes that 
                accommodated several hundred workers, until an 
                avalanche destroyed the mill in 1912. Today, visitors 
                along the Masontown Trail in the north end of the 
                Tenmile Range area can observe remnants of the mill 
                site, including bricks from the foundations of cabin 
                ruins, miscellaneous containers, and pieces of metal 
                equipment.

                Other sites of historical interest exist in the area. 
                To support the burgeoning mining industry in the 
                region, railroad lines running through Tenmile Canyon

[[Page 63384]]

                on the northern end of the Tenmile Range were 
                constructed by the 1880s to connect small mountain 
                settlements with Denver. Evidence remains of these 
                historic rail lines and rail beds, as well as rock 
                structures that were built to support railroad 
                construction. The purpose of these unique rock 
                structures, known as stone huts, remains a mystery, but 
                they may have been used by Canadian woodcutters who 
                worked on the construction of railroads.

                An exhaustive survey and study of the entire area has 
                not been completed; archaeologists and military and 
                other historians anticipate that many other such 
                culturally and historically important sites remain to 
                be discovered throughout the area, thereby enriching 
                our understanding of the area's significance.

                In addition to the numerous objects in the region that 
                document the history of America and ancient peoples, 
                Camp Hale and the Tenmile Range form a geologically and 
                ecologically linked landscape--rugged and stunning in 
                appearance--that contains numerous features of 
                scientific interest, including tarns, waterfalls, and 
                alpine tundra. The continental divide--a defining high-
                altitude geologic feature of the Western Hemisphere 
                that separates the watersheds of the Pacific and 
                Atlantic Oceans--stretches along the southern border of 
                both the Camp Hale and the Tenmile Range landscapes. 
                Visitors can travel along the Continental Divide 
                National Scenic Trail, which passes through the area, 
                to explore the changing geology and ecology along the 
                spine of the continent.

                The area's geology and irregular topography formed 
                during the Pleistocene glacial period when retreating 
                glaciers deposited a large terminal moraine north of 
                the current day Camp Hale, damming the Eagle River and 
                forming an adjacent lake basin. When the lake 
                ultimately overflowed, the Eagle River cut a new 
                channel forming the deep, narrow canyon the river 
                occupies today while leaving the lake intact. Over 
                time, the lake drained, and the former lake floor 
                became the broad, flat Pando Valley.

                To the east, the Pando Valley abruptly gives way to the 
                soaring peaks of the Tenmile Range, which stretches to 
                the continental divide. The range boasts 10 peaks over 
                13,000 feet in elevation, including Quandary Peak, 
                which, at 14,265 feet, is one of Colorado's iconic and 
                most-visited ``Fourteeners.'' The slopes of these peaks 
                are home to several high-alpine lakes, including the 
                Pacific Tarn to the southeast of Pacific Peak, which, 
                at 13,420 feet, is the highest named lake in the United 
                States. Waterfalls descend the slopes--including 
                Continental Falls, Mohawk Basin Falls, and McCullough 
                Gulch Falls--and are components of a hydrologic system 
                that defines the mountain west. Rock, too, descends 
                from the range. Studied for decades, the Spruce Creek 
                rock glacier, which is fed by a rockfall from Pacific 
                Peak's northeast cirque, has advanced our understanding 
                of the flow mechanics and morphology of rock glaciers.

                The area's high peaks and alpine valleys contain rare 
                and fragile native alpine tundra ecosystems that 
                include species uniquely adapted to high altitudes. Two 
                of the four known populations of the Weber's drab--a 
                diminutive plant with yellow flowers standing only a 
                few inches tall--can be found in the Tenmile Range. 
                Fewer than 300 known individual plants of this species 
                exist across 4 distinct populations distributed over 7 
                square miles. The diminutive plant is most often found 
                in the splash zones of rocky crevices along streams 
                near the timberline. Ephemeral pools caused by snowmelt 
                among boulders and high-altitude alpine lakes in the 
                area also host the rare and aptly named ice grass. Tiny 
                in stature--standing less than an inch tall--ice grass 
                can be found only in cold, high-altitude regions. The 
                grass appears in only isolated, disjunct areas in 
                Colorado, with the next nearest known population 
                located hundreds of miles away in northwest Wyoming.

                Among the Engelman spruce, subalpine fir, lodgepole 
                pine, and quaking aspen stands that dominate the area, 
                visitors might glimpse Canada lynx--

[[Page 63385]]

                a federally listed threatened species--or the boreal 
                toad--Colorado's only alpine species of toad and a 
                Forest Service sensitive species that inhabits 
                subalpine forest wetlands at elevations between 8,500 
                feet and 11,500 feet. The area is an important habitat 
                connectivity corridor for lynx and related species. 
                Spruce and McCullough Creeks hold populations of green 
                lineage Colorado River cutthroat trout--also a Forest 
                Service sensitive species--that are core conservation 
                populations under the Colorado River Cutthroat Trout 
                Conservation Strategy. The area also provides a habitat 
                for mountain goats, moose, bighorn sheep, Rocky 
                Mountain elk, mule deer, black bears, mountain lions, 
                bobcats, bald eagles, white-tailed ptarmigans, hoary 
                bats, olive-sided flycatchers, martens, pygmy shrews, 
                boreal owls, northern goshawks, and several species of 
                waterfowl.

                In light of threats posed by vandalism, unmanaged 
                recreation, and climate change, protecting the Camp 
                Hale and Tenmile Range area of the continental divide 
                will preserve its historic and prehistoric legacy and 
                maintain its diverse array of natural and scientific 
                resources, ensuring that the historic and scientific 
                values of the area remain for the benefit of all 
                Americans. Reserving this area would also honor the 
                valor and sacrifice of the 10th Mountain Division, 
                secure ongoing opportunities for Tribal communities to 
                continue spiritual and subsistence practices, and 
                enable the region's modern communities and the Nation 
                to continue to benefit from the area's world class 
                outdoor recreation opportunities.

                WHEREAS, section 320301 of title 54, United States Code 
                (the ``Antiquities Act''), authorizes the President, in 
                his discretion, to declare by public proclamation 
                historic landmarks, historic and prehistoric 
                structures, and other objects of historic or scientific 
                interest that are situated upon the lands owned or 
                controlled by the Government of the United States to be 
                national monuments, and to reserve as a part thereof 
                parcels of land, the limits of which in all cases shall 
                be confined to the smallest area compatible with the 
                proper care and management of the objects to be 
                protected; and

                WHEREAS, I find that each of the objects identified 
                above is an object of historic or scientific interest 
                in need of protection under 54 U.S.C. 320301; and

                WHEREAS, I find that the Camp Hale and Tenmile Range 
                area of the continental divide is an important part of 
                the history of the United States military and of the 
                outdoor recreation industry; and

                WHEREAS, I find that the Camp Hale and Tenmile Range 
                area of the continental divide is sacred to sovereign 
                Tribal Nations and Indigenous peoples of the United 
                States; and

                WHEREAS, I find that the Camp Hale and Tenmile Range 
                area of the continental divide contains rare and 
                fragile ecosystems and geological features that are of 
                scientific interest; and

                WHEREAS, I find that the unique and historical nature 
                of the lands that make up the Camp Hale and Tenmile 
                Range area of the continental divide and the collection 
                of objects of historic and scientific interest therein 
                make the landscape of the Camp Hale and Tenmile Range 
                area itself an object of historic and scientific 
                interest; and

                WHEREAS, I find that there are threats to the objects 
                identified in this proclamation; and

                WHEREAS, I find that, in the absence of a reservation 
                under the Antiquities Act, the objects identified in 
                this proclamation are not adequately protected by 
                otherwise applicable law or administrative designations 
                because neither provide Federal agencies with the 
                specific mandate to ensure proper care and management 
                of the objects, nor do they withdraw the lands from the 
                operation of the public land, mining, and mineral 
                leasing laws; and


[[Page 63386]]



                WHEREAS, I find that a national monument reservation is 
                necessary to protect the objects of historic and 
                scientific interest in the Camp Hale and Tenmile Range 
                area of the continental divide for current and future 
                generations; and

                WHEREAS, I find that the boundaries of the monument 
                reserved by this proclamation represent the smallest 
                area compatible with the proper care and management of 
                the objects of scientific or historic interest to be 
                protected as required by the Antiquities Act; and

                WHEREAS, it is in the public interest to ensure the 
                preservation and protection of the objects of 
                scientific and historic interest in the Camp Hale and 
                Tenmile Range area of the continental divide;

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by section 320301 of title 54, United States 
                Code, hereby proclaim the objects identified above that 
                are situated upon lands and interests in lands owned or 
                controlled by the Federal Government to be the Camp 
                Hale-Continental Divide National Monument (monument) 
                and, for the purpose of protecting those objects, 
                reserve as part thereof all lands and interests in 
                lands owned or controlled by the Federal Government 
                within the boundaries described on the accompanying 
                maps, which are attached hereto and form a part of this 
                proclamation. These reserved Federal lands and 
                interests in lands encompass approximately 53,804 
                acres. As a result of the distribution of the objects 
                across the landscape of the Camp Hale and Tenmile Range 
                area of the continental divide, and additionally and 
                independently, because the landscape itself is an 
                object in need of protection, the boundaries described 
                on the accompanying maps are confined to the smallest 
                area compatible with the proper care and management of 
                the objects of historic or scientific interest 
                identified above.

                All Federal lands and interests in lands within the 
                boundaries of the monument are hereby appropriated and 
                withdrawn from all forms of entry, location, selection, 
                sale, or other disposition under the public land laws 
                or laws applicable to the Forest Service, including 
                withdrawal from location, entry, and patent under the 
                mining laws, and from disposition under all laws 
                relating to mineral and geothermal leasing.

                If the Federal Government subsequently acquires any 
                lands or interests in lands not currently owned or 
                controlled by the Federal Government within the 
                boundaries described on the accompanying maps, such 
                lands and interests in lands shall be reserved as a 
                part of the monument, and objects identified above that 
                are situated upon those lands and interests in lands 
                shall be part of the monument, upon acquisition of 
                ownership or control by the Federal Government.

                The Secretary of Agriculture (Secretary), through the 
                Forest Service, shall manage the monument pursuant to 
                applicable legal authorities and in accordance with the 
                terms, conditions, and management direction provided by 
                this proclamation. The Secretary shall prepare, in 
                consultation with the Secretary of the Interior, a 
                management plan for the monument, which shall include 
                provisions for continuing outdoor recreational 
                opportunities consistent with the proper care and 
                management of the objects identified above, and shall 
                promulgate such regulations for its management as 
                deemed appropriate. The Secretary shall provide for 
                maximum public involvement in the development of the 
                management plan, including consultation with federally 
                recognized Tribal Nations, State and local governments, 
                and other interested stakeholders. The final decision 
                over any management plans and any management rules and 
                regulations rests with the Secretary. Management plans 
                or rules and regulations developed by the Secretary of 
                the Interior governing uses within national parks or 
                national monuments administered by the Secretary of the 
                Interior shall not apply within the monument.

                For purposes of protecting and restoring the objects 
                identified above, the Secretary shall prepare a travel 
                management plan to ensure appropriate

[[Page 63387]]

                access for the management and use of the area, which 
                shall provide for motorized and non-motorized 
                mechanized vehicle uses, including mountain biking, 
                consistent with the proper care and management of the 
                objects identified above. Unless inconsistent with the 
                proper care and management of the objects identified 
                above, non-motorized mechanized vehicle uses, including 
                mountain biking, shall continue to be permitted on the 
                roads and trails designated for such uses on the date 
                of this proclamation.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the rights or jurisdiction of any Tribal 
                Nation. The Secretary shall, to the maximum extent 
                permitted by law and in consultation with Tribal 
                Nations, ensure the protection of sacred sites and 
                traditional cultural properties and sites in the 
                monument and provide access to Tribal members for 
                traditional cultural, spiritual, and customary uses, 
                consistent with the American Indian Religious Freedom 
                Act (42 U.S.C. 1996) and Executive Order 13007 of May 
                24, 1996 (Indian Sacred Sites), including collection of 
                medicines, berries and other vegetation, forest 
                products, and firewood for personal noncommercial use 
                in a manner consistent with the proper care and 
                management of the objects identified herein.

                In recognition of the importance of these lands and 
                objects to Tribal Nations, and to ensure that 
                management decisions affecting the monument reflect 
                Tribal expertise and Indigenous Knowledge, the 
                Secretary shall meaningfully engage with Tribal Nations 
                with cultural ties to the area, including the Ute 
                Tribes, in the development of the management plan and 
                to inform subsequent management of the monument. The 
                Secretary shall pursue opportunities for co-stewardship 
                through management planning and implementation, 
                including entering into cooperative agreements with 
                Tribal entities that have cultural ties to the 
                monument, and shall explore opportunities to provide 
                support to Tribal Nations to participate in the 
                planning and management of the monument.

                The establishment of this monument is subject to valid 
                existing rights, including valid existing water rights. 
                Consistent with the proper care and management of the 
                objects identified above, nothing in this proclamation 
                shall be construed to preclude the renewal or 
                assignment of, or interfere with the operation, 
                maintenance, replacement, modification, or upgrade of 
                existing water infrastructure, including flood control, 
                pipeline, or other water management infrastructure; 
                State highway corridors or rights-of-way; or existing 
                utility and telecommunications rights-of-way or 
                facilities within or adjacent to the boundaries of 
                existing authorizations within the monument. Nothing in 
                this proclamation shall be deemed to affect the 
                operation or use of the existing railroad corridor as a 
                railroad right-of-way pursuant to valid existing rights 
                or for recreational purposes consistent with the proper 
                care and management of the objects identified above. 
                Existing water resource, flood control, utility, 
                pipeline, or telecommunications facilities located 
                within the monument may be expanded, and new facilities 
                may be constructed within the monument, to the extent 
                consistent with the proper care and management of the 
                objects identified above and subject to the Secretary's 
                special uses authorities and other applicable law.

                Nothing in this proclamation shall affect the 
                responsibilities and authorities of the Department of 
                Defense under applicable environmental laws for the 
                remediation of hazardous substances or munitions or 
                explosives of concern within the monument boundaries, 
                nor affect any Department of Defense activities on 
                lands not included within the monument. To further the 
                protective purposes of the monument, the Secretary 
                shall explore entering into a memorandum of 
                understanding with the Secretary of Defense that would 
                address collaboration between the Departments, pursuant 
                to applicable laws and regulations, to support the 
                remediation of hazardous substances or munitions or 
                explosives of concern while ensuring the protection of 
                the monument objects identified above, as well as 
                implementing any needed controls for explosives safety. 
                The Secretary and the Secretary of Defense shall 
                cooperate

[[Page 63388]]

                and coordinate regarding access to carry out necessary 
                response actions under applicable environmental laws.

                Nothing in this proclamation shall affect the Forest 
                Service's ability to authorize access to and 
                remediation of contaminated lands within the monument, 
                including for remediation of mine, mill, or tailing 
                sites, or for the restoration of natural resources.

                Nothing in this proclamation shall preclude low-level 
                overflights of military aircraft, flight testing or 
                evaluation, the designation of new units of special use 
                airspace, or the use or establishment of military 
                flight training routes or transportation over the lands 
                reserved by this proclamation.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the jurisdiction of the State of Colorado 
                with respect to fish and wildlife management.

                Laws, regulations, and policies followed by the Forest 
                Service in issuing and administering grazing permits on 
                all lands under its jurisdiction shall continue to 
                apply with regard to the lands in the monument.

                The Secretary may carry out vegetative management 
                treatments within the monument consistent with the 
                proper care and management of the objects identified 
                above, except that commercial timber harvest may only 
                be used when the Secretary determines it appropriate to 
                address ecological restoration or the risk of wildfire, 
                insect infestation, or disease that would endanger the 
                objects identified in this proclamation or imperil 
                public safety.

                Nothing in this proclamation shall be construed to 
                alter the authority or responsibility of any party with 
                respect to emergency response activities within the 
                monument, including wildland fire response, or to 
                preclude avalanche control efforts within or adjacent 
                to the monument, including efforts to mitigate 
                avalanche risks to neighboring communities, roads and 
                infrastructure, or recreation facilities or 
                destinations.

                Nothing in this proclamation shall be deemed to revoke 
                any existing withdrawal, reservation, or appropriation; 
                however, the national monument shall be the dominant 
                reservation.

                Warning is hereby given to all unauthorized persons not 
                to appropriate, injure, destroy, or remove any feature 
                of the monument and not to locate or settle upon any of 
                the lands thereof.

                If any provision of this proclamation, including its 
                application to a particular parcel of land, is held to 
                be invalid, the remainder of this proclamation and its 
                application to other parcels of land shall not be 
                affected thereby.


[[Page 63389]]



                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twelfth day of October, in the year of our Lord two 
                thousand twenty-two, and of the Independence of the 
                United States of America the two hundred and forty-
                seventh.

                
                
                    (Presidential Sig.)

Billing code 3395-F3-P



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[FR Doc. 2022-22810
Filed 10-18-22; 8:45 am]
Billing code 4310-10-C