Establishment of the Avi Kwa Ame National Monument, 17987-17998 [2023-06387]

Agencies

• Executive Office of the President

[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Presidential Documents]
[Pages 17987-17998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06387]




                        Presidential Documents 



Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 17987]]

                Proclamation 10533 of March 21, 2023

                
Establishment of the Avi Kwa Ame National 
                Monument

                By the President of the United States of America

                A Proclamation

                Yuman Tribes tell that creation began at a towering 
                mountain in the southernmost reaches of Nevada at the 
                confluence of the Mojave and Sonoran Deserts. The 
                Mojave people call this mountain Avi Kwa Ame, or Spirit 
                Mountain. The mountain and the surrounding arid valleys 
                and mountain ranges are among the most sacred places 
                for the Mojave, Chemehuevi, and some Southern Paiute 
                people, and are also significant to other Tribal 
                Nations and Indigenous peoples, including the Cocopah, 
                Halchidhoma, Havasupai, Hopi, Hualapai, Kumeyaay, 
                Maricopa, Pai Pai, Quechan, Yavapai, and Zuni. These 
                Tribal Nations have been here since time immemorial, 
                and the area contains evidence of human occupancy 
                reaching back more than 10,000 years. Tribal members 
                still sing songs, passed from generation to generation 
                throughout their history, that tell the stories of 
                travel and connection to the springs, peaks, and 
                valleys in alignment with the migration patterns of 
                game species, the availability of water, and the life 
                cycles of the plants they have continually harvested.

                For the Tribal Nations that trace their creation to Avi 
                Kwa Ame, the power and significance of this place 
                reside not just in the mountain itself, but radiate 
                across the valleys and mountain ranges of the 
                surrounding desert landscape containing the landmarks 
                and spiritually important locations that are linked by 
                oral traditions and beliefs. Tribal Nations have shared 
                those traditions and beliefs across many generations 
                through Salt Songs, Bird Songs, and other origin songs, 
                which are central to Tribal members' knowledge of the 
                landscape, enabling them to navigate across the diverse 
                terrain, find essential resources, and perform healing, 
                funeral, and other rituals. These traditional and 
                place-based songs connect Tribal members to their 
                homelands, allowing for profound relationships with Avi 
                Kwa Ame and its surroundings and providing healing and 
                spiritual connections even if they are far from home.

                The presence of Avi Kwa Ame--which has been designated 
                as a Tribal cultural property and listed on the 
                National Register of Historic Places--in the eastern 
                portion of the area provides a distinctive lens through 
                which members of Tribal Nations experience these sacred 
                lands, the plants and animals found there, and their 
                spiritual traditions. In these traditions, power 
                emanates from the mountain itself, creating spiritual 
                and visual connections throughout the landscape.

                The Avi Kwa Ame landscape includes the McCullough and 
                Lucy Gray Mountains in the west; the Piute and Eldorado 
                Valleys, split by the Highland Mountains, in the 
                center; the Castle and Dead Mountains in the south; and 
                the Eldorado Mountains and the monument namesake, Avi 
                Kwa Ame, part of the Newberry Mountains, in the east. 
                This entire landscape is an object of historic and 
                scientific interest requiring protection under section 
                320301 of title 54, United States Code (the 
                ``Antiquities Act''). The landscape as a whole is 
                significant and unique, providing context for each of 
                its constituent parts, which are themselves objects 
                warranting protection. As well as being an object 
                itself, the landscape contains innumerable individual 
                geologic features, archaeological sites, and havens for 
                sensitive and threatened

[[Page 17988]]

                species--including the Mojave desert tortoise, Gila 
                monster, and desert bighorn sheep--and it provides 
                habitat for centuries-old Joshua trees and other 
                objects that are independently of historic or 
                scientific interest and require protection under the 
                Antiquities Act. Some of the objects are also sacred to 
                Tribal Nations; are sensitive, rare, or vulnerable to 
                vandalism and theft; or are dangerous to visit and, 
                therefore, revealing their specific names and locations 
                could pose a danger to the objects or the public.

                People have lived, traveled, and worked in this 
                landscape for more than 10,000 years. Across the Avi 
                Kwa Ame landscape, projectile points and pictographs 
                give testament to Indigenous peoples' hunting 
                activities, while groundstone artifacts, milling 
                artifacts, and ancient quarries demonstrate how tools 
                were created and used to find, extract, and process 
                both plant and mineral resources. Fluted projectile 
                points, which are some of the earliest stone tool 
                technologies in North America and rarely recorded in 
                southern Nevada, have been found in the McCullough 
                Mountains and nearby areas. Numerous rockshelters can 
                be found amid the cliffs that surround these valleys, 
                where ancestral Indigenous peoples camped or lived. 
                Pottery fragments as old as 1,500 years, found near 
                some of these rockshelters, are believed to have been 
                used either in more stable settlements or camps or for 
                safely transporting materials across long distances. 
                While evidence of the passage of Indigenous peoples is 
                present throughout the landscape, more permanent 
                occupation in the area was limited by water 
                availability, and most camping areas or settlements 
                were temporary, facilitating hunting or allowing people 
                to gather plants or minerals. The Piute Valley is at 
                the center of paleoclimate and anthropological studies 
                focusing on paleoclimatic changes and their influences 
                on uses of the land by Indigenous peoples.

                Many of the plant and animal species that live in this 
                landscape have spiritual, cultural, or medicinal value 
                to Indigenous peoples. Traditional hunting of bighorn 
                sheep in the mountainous areas of southern Nevada 
                remains culturally important for some Tribal Nations 
                today. For centuries, people have gathered pi[ntilde]on 
                nuts in the ridges of the McCullough, Newberry, and New 
                York Mountains. The McCullough Mountains contain 
                rockshelters, lithic scatters, artifact scatters, 
                petroglyphs, pine nut caches, a trail, and a 
                residential camp; these places were likely used for 
                winter camps that allowed Indigenous peoples to hunt 
                and collect pi[ntilde]on nuts. To the north, the 
                Highland Mountains hold evidence of many residential 
                camps, quarries, and rockshelters, as well as 
                petroglyphs depicting resources in the area, such as 
                acorns, large game, and water. One rockshelter in the 
                Highland Mountains is particularly unique in that it 
                contains hundreds of well-preserved, otherwise 
                perishable objects, including some likely used for 
                capturing small game. To the northeast, the Eldorado 
                Mountains feature petroglyphs likely inscribed by 
                members of the Fort Mojave Tribe and pictographs that 
                likely were used to provide direction and facilitate 
                travel as people migrated or searched for resources, 
                while the Newberry Mountains in the south contain 
                evidence of quarrying and rockshelters. Ancient 
                Indigenous peoples visited the Castle and New York 
                Mountains to obtain stone such as obsidian for tools, 
                leaving behind petroglyphs and other evidence of their 
                presence. Hiko Spring and the adjacent canyon contain 
                numerous Indigenous petroglyphs along with etchings 
                made by Euro-American settlers as far back as the late 
                19th century. Rockshelters are also found in the 
                Newberry Mountains, and canyons in the area, including 
                Grapevine Canyon and Sacatone Wash, contain petroglyphs 
                that mark the presence of Indigenous peoples for 
                millennia. The cliffs above Bridge Canyon contain 
                constructed rock walls that continue to be studied to 
                determine their origin and purpose.

                The Avi Kwa Ame area's rugged geology, which is unlike 
                the rest of southern Nevada, tells the story of a 
                landscape dramatically changed by its volcanic history, 
                which has sparked the imaginations of geologists for 
                more than 150 years. Each mountain range--the Highland, 
                Castle, Eldorado, Newberry, Lucy Gray, McCullough, and 
                New York Mountains--has long served as

[[Page 17989]]

                a distinct and important scientific resource to 
                geologists. The plutons, intrusive dikes, and other 
                igneous formations in these ranges have provided 
                particularly important insights into the study of 
                volcanism during the Tertiary period, especially the 
                Miocene epoch.

                The Avi Kwa Ame area's desert location and geography 
                also allow for a soundscape that is among the most 
                naturally quiet in the United States. Additionally, the 
                area's exceptional dark skies, rare in highly populated 
                Clark County, have been noted for the excellent 
                stargazing opportunities they offer and for benefits to 
                migratory birds.

                The Lucy Gray Mountains, captured within the western 
                border of the area, include incised drainages within 
                rounded igneous boulder fields and isolated springs 
                that support an important migration route for desert 
                bighorn sheep. Rising between the flat expanses of the 
                Ivanpah and Piute Valleys, this range represents an 
                important area for igneous geology and soils research 
                related to volcanism and tectonism.

                To the northwest, the McCullough Mountains are 
                characterized by an undulating crest flanked by rocky 
                outcrops and cliffs, punctuated by black basalt and 
                springs. For millennia, Indigenous peoples have sought 
                refuge in the higher elevations that provide respite 
                from the heat of the valley floor; sustenance in the 
                form of pi[ntilde]on nuts and game for hunting; and 
                water and shelter. The ancient Precambrian rock and its 
                desert vegetation--ranging from creosote in the low 
                elevation, to blackbrush and Joshua trees in the middle 
                elevations, to old-growth pi[ntilde]on and juniper in 
                the peaks--provide habitat for desert bighorn sheep and 
                many other animal species.

                Running north-south through the center of the 
                landscape, the Highland Mountains contain distinctive 
                large, tilted, colorful igneous and sedimentary rocks 
                and stark cliffs of exposed Precambrian rock. These 
                mountains provide a vital home to a small remnant herd 
                of desert bighorn sheep that survived when most other 
                sheep populations in Nevada were lost to drought, human 
                encroachment, disease, and other environmental 
                pressures. Indigenous peoples camped and hunted in 
                these mountains, and ancient rockshelters and 
                petroglyphs are found throughout the range. Igneous 
                features in the area have also been the subject of 
                decades of geological study by researchers seeking to 
                enhance understanding of ancient volcanic activity.

                The low-lying Piute and Eldorado Valleys run through 
                the center of the Avi Kwa Ame area. These valleys 
                contain spiritual pathways and trails that emanate from 
                Avi Kwa Ame that have been followed by Yuman peoples 
                for generations and continue to be significant to 
                Tribal Nations today. Characterized by Mojave Desert 
                vegetation, these valleys provide core habitat for the 
                ancient and threatened Mojave desert tortoise. To the 
                southwest, the Castle Mountains extend from within the 
                Avi Kwa Ame area across the border into California, 
                providing important connectivity for bighorn sheep 
                migrating between southern Nevada and protected lands 
                within California.

                In the northeast corner lie the Eldorado Mountains, 
                formed of Precambrian rock and containing sharp ridges 
                with narrow, deep canyons extending to the east that 
                fade into bajadas on the western slope. The highest of 
                these mountains, Ireteba Peak, is named after Irataba, 
                a Mojave Tribal leader of the mid-1800s. Water is 
                scarce here and summer temperatures exceed 120 degrees 
                Fahrenheit, yet the area contains evidence of 
                longstanding human activity, including petroglyphs and 
                pictographs, as well as historic mine sites.

                The turbulent geologic past of the Avi Kwa Ame area has 
                sculpted a landscape of steep cliffs, rolling foothills 
                and bajadas, and arid valleys with limited water. 
                Precambrian schist, gneiss, and granite can be found on 
                the west side of the Eldorado Mountains and McCullough 
                Mountains and in the Eldorado Valley, as well as in the 
                Nellis Wash area. The Piute and Eldorado Valleys and 
                the mountains surrounding them have long been a focus 
                for studies of groundwater, geology, alluvial fan 
                formation, flood hazard management, continental 
                extension, and faulting and volcanism.

[[Page 17990]]

                Among the quartzite cliffs and felsic plutonic rock of 
                the Newberry Mountains, which form part of the eastern 
                boundary of the Avi Kwa Ame area, stands Spirit 
                Mountain, the highest peak within the range. Avi Kwa 
                Ame has been studied extensively by geologists 
                researching the processes that cause the formation of 
                geologic features, such as dikes and batholiths, as 
                well as the development of new methods for 
                geochronology. The mountain's geology features 
                Precambrian rocks in the north and white and pink 
                granitic spires in the south. Avi Kwa Ame and the 
                surrounding Newberry Mountains are foundational in the 
                creation stories of the Mojave, Pai Pai, Cocopah, 
                Kumeyaay, Havasupai, Maricopa, Hualapai, Yavapai, 
                Quechan, and Halchidhoma and are recognized by many 
                Tribes as a place of great spiritual importance. In the 
                foothills of the Newberry Mountains, Hiko Spring Canyon 
                contains the year-round Hiko Spring, an area that has 
                been used by humans for hundreds if not thousands of 
                years, evinced by a collection of petroglyphs depicting 
                bighorn sheep, handprints, and other geometric shapes, 
                as well as historic rock carvings.

                Many of the features that made this landscape 
                accessible to Indigenous peoples were also used by 
                Euro-American settlers and traders. Early expeditions 
                of fur traders, miners, and the military passed through 
                the southern part of the Avi Kwa Ame landscape, often 
                following the Mojave Trail, which is still visible 
                today. The trail is part of a network of ancient trails 
                used by Indigenous peoples to safely traverse the harsh 
                and unforgiving Mojave Desert. The easternmost miles of 
                the Mojave Trail in Nevada pass by Granite Springs in 
                the far southeastern corner of the Avi Kwa Ame area. 
                The springs were the first stop on the Mojave Trail for 
                ancient Indigenous peoples heading west from the 
                Colorado River and have provided life-sustaining water 
                to many generations of travelers. The area contains 
                petroglyphs and rockshelters and holds historic and 
                cultural significance for Tribal Nations.

                In 1826, Jedediah Smith led a fur trapping expedition 
                on a segment of the Old Spanish National Historic 
                Trail, subsequently labeled the Mojave Road, which was 
                the first use by traders of European descent. The 
                Mojave Road, which bisects the Avi Kwa Ame landscape, 
                continued to be used by traders and settlers traveling 
                between New Mexico and California throughout the 19th 
                century. To the east, within Grapevine Canyon in the 
                Bridge Canyon Wilderness, evidence of 19th century 
                mining roads from the Searchlight District remains on 
                the landscape, as do traces of the Quartette Railroad, 
                which the Quartette Mining Company operated in the 
                early 1900s between Searchlight and the Colorado River. 
                The New York Mountains and Piute Valley were also later 
                used for military training exercises for armored 
                vehicles as part of the Desert Training Center during 
                World War II and during the Cold War, including some 
                under the command of General George S. Patton. 
                Additionally, in the Chiquita Hills area, there is 
                evidence of training operations, including foxholes, 
                rock walls, and gun turrets.

                While there is evidence of Indigenous mining in the 
                area going back hundreds of years, the 1890s saw 
                settlers of European descent in the area discover a 
                number of valuable mineral deposits, including 
                turquoise, gold, silver, copper, lead, and molybdenum, 
                which gave rise to a number of mining districts that 
                are replete with evidence of the landscape's mining 
                history. Southwest of the Wee Thump Joshua Tree 
                Wilderness, near the California border, the Crescent 
                Townsite area contains the remnants of a rich history 
                of mining of turquoise and gold, including evidence of 
                railroad construction and mineral exploration and 
                extraction. The surrounding historic Crescent Mining 
                District, which stretched into the New York Mountains 
                and the south end of the McCullough Range, was a hub 
                for turquoise mining in the late 19th century. There is 
                evidence of mining in this area by Indigenous peoples 
                since at least the late 13th century. Workshops, homes, 
                pottery, and polishing tools have all been found, 
                indicating that Indigenous peoples mined the Crescent 
                Peak area for turquoise long before Europeans 
                permanently settled in the Americas. The area was later 
                developed for gold mining; remnants of the mining 
                history, including an early 20th century arrastra

[[Page 17991]]

                and remnants of a railroad, are scattered among ancient 
                Joshua trees standing sentinel to the passage of 
                generations. While limited studies have occurred, the 
                historic mining districts of Searchlight and Newberry, 
                along with areas in Nellis Wash, also contain remnants 
                of the area's mining past that may provide new 
                historical insights into the metal extraction industry 
                in the area during the first half of the 20th century. 
                As a testament to the harsh and remote landscape and 
                the limited resources necessary to support human 
                habitation, materials from early mining activity and 
                railroads were often repurposed to support subsequent 
                mining and construction of homes and other buildings 
                both inside and outside the Avi Kwa Ame area.

                Piute Valley also contains the historic Walking Box 
                Ranch site, which is known for its significance in the 
                history of cattle ranching, mining, entertainment, and 
                politics in southern Nevada. The ranch, initially part 
                of vast holdings grazed by historic Rock Springs Land 
                and Cattle Company in the 19th century, was sold off in 
                the 1920s and was purchased by Hollywood silent film 
                stars Clara Bow and Rex Bell in 1931. The couple 
                operated the ranch together for over a decade as a 
                functioning cattle ranch and occasional vacation 
                retreat for their Hollywood friends. Among the 
                dignitaries hosted by the Bells were General Patton and 
                some of his troops while they were training in the area 
                during World War II. Later, Bell went into politics and 
                served as Nevada's Lieutenant Governor. The United 
                States acquired the property in 2005, and the entire 
                ranch, including the main house, outbuildings and 
                related structures, and associated landscape features, 
                is considered architecturally significant as a well-
                maintained example of cattle ranch property of the 
                Southwest. Of particular interest are the main house, 
                which features Spanish Colonial Revival architecture, 
                and the barn and elements of the corrals, which provide 
                preserved examples of railroad tie construction.

                The rich human history revealed by the Avi Kwa Ame area 
                coexists with the area's scientifically significant 
                biological diversity, rare plants and animals, and 
                ecology. As a whole and across a broad range of taxa, 
                the Avi Kwa Ame area has been noted for providing 
                ecological and habitat connectivity for a wide range of 
                species, offering great potential for scientific 
                studies of plants, animals, and ecosystems. Situated 
                where the Mojave and Sonoran Desert ecosystems 
                converge, and incorporating a wide elevation gradient 
                that supports a broad range of ecosystems, the area 
                both provides homes to a diverse range of species and 
                communities and offers tremendous potential to support 
                adaptation to climate change.

                The bajadas and rolling valleys of the Avi Kwa Ame area 
                support plant communities ranging from creosote-bursage 
                scrub, shadscale scrub, and blackbrush to pi[ntilde]on-
                juniper woodland. The area showcases the transition 
                between the vegetation of the Sonoran and Mojave 
                Deserts, creating unique assemblages of species that do 
                not typically occupy the same ecosystems and as a 
                result are of interest to ecologists, climate 
                scientists, and biologists. Biological soil crusts, 
                desert pavement, and bedrock cliffs and outcrops 
                support unique soil environments and can be found 
                throughout the Avi Kwa Ame area. The Eldorado Valley 
                and Lucy Gray Mountains in particular are of interest 
                to biologists who study biological soil crusts. Nearly 
                the entire area has been classified as an Ecologically 
                Core or Ecologically Intact portion of the Mojave 
                Desert region. Sites spanning a vegetation gradient in 
                the Newberry Mountains provide data for botanists and 
                climate scientists to study changes in climate, land 
                use, and vegetation, and to understand paleoclimate, 
                climate and vegetation change, and desert community 
                ecology. The creosote-white bursage scrub community 
                fills the valleys, plains, and bajadas at low 
                elevations in the Avi Kwa Ame area. This plant 
                community also supports four-winged saltbush and 
                wolfberry. Dune-like sandy soils are home to creosote 
                bush and big galetta grass, while the lowest elevations 
                are spotted with Mojave yucca or Joshua trees. Catclaw 
                acacia, honey mesquite, and sweetbush, rare in arid 
                environments, can be found in washes. The area is also 
                home to rare plants, including the yellow two-tone 
                penstemon, two-toned beardtongue, rosy two-toned 
                penstemon, and white-

[[Page 17992]]

                margined penstemon, as well as rare bryophytes such as 
                American dry rock moss in Grapevine Canyon.

                Joshua trees, found in both the Piute and Eldorado 
                Valleys and west toward the Lucy Gray Mountains, are 
                predicted to be negatively impacted by climate change 
                because of their slow growth and weather-dependent 
                reproduction, and the Piute Valley is scientifically 
                important for studies of this fragile species. In the 
                southwest portion of the area, along the California 
                border from the New York Mountains to the Piute Valley, 
                visitors find thriving forests, particularly around the 
                portion of Highway 164 that runs from Searchlight to 
                the California border. This portion of Highway 164 is 
                known as ``Joshua Tree Highway'' because of the unique 
                density of these trees. Just north of the New York 
                Mountains and Highway 164, the Wee Thump Joshua Tree 
                Wilderness and surrounding area comprise a stunning, 
                old-growth Joshua tree forest, home to Nevada's largest 
                known Joshua tree. The wilderness, named for the Paiute 
                phrase for ``ancient ones,'' contains trees up to 800 
                years old. Many bird species rely heavily on the 
                nesting cavities the trees provide, and the Wee Thump 
                area is both home to western bluebirds, northern 
                flickers, hairy woodpeckers, and ash-throated 
                flycatchers; and the location of Nevada's only known 
                sightings of the gilded flicker.

                Dry slopes, ridges, and valley bottoms found across the 
                Avi Kwa Ame landscape support shadscale scrub plant 
                communities, featuring budsage, winterfat, rabbitbrush, 
                big sagebrush, spiny hopsage, and black greasewood, 
                along with native desert grasses such as bottlebrush 
                squirreltail, Sandberg bluegrass, and Indian ricegrass, 
                and flowering plants such as polished blazingstar. 
                Middle-elevation slopes and upper bajadas are home to 
                blackbrush scrub communities, which shade into 
                pi[ntilde]on-juniper woodland in upper elevations. In 
                the lower reaches of the Newberry Mountains, Mojave 
                Desert plants such as teddy bear cholla, Mojave yucca, 
                barrel cactus, and even smoke tree can also be found. 
                One of the few wet areas, Grapevine Wash, supports 
                cottonwood trees and canyon grape, along with cattails 
                and rushes. The location of the Newberry Mountains at 
                the convergence of the Mojave, Great Basin, and Sonoran 
                Deserts makes the area the terminus for the range of 45 
                plant species, resulting in an area of unusual 
                diversity that is significant for studies of climate, 
                vegetation, and environmental change.

                Along with diverse plant communities, the Avi Kwa Ame 
                landscape supports an array of desert wildlife, 
                including many species that rely on the area's natural 
                springs and seeps. The Hiko, Piute, and Roman dry 
                washes are internationally known for the important bird 
                habitat they provide, including catclaw acacia, 
                mesquite, cottonwood, desert willow, and sandbar willow 
                that provide rare pockets of habitat for species 
                distinct from those in the surrounding desert. 
                Additionally, Phainopepla, a sensitive species that is 
                the most northerly representative of silky flycatchers, 
                use the trees for nesting and eat mistletoe seeds in 
                these washes, making them uniquely important for this 
                species in Nevada.

                The landscape overall supports a broad array of bird 
                species and has long been important for ornithologists. 
                A diverse cadre of raptors, such as ferruginous hawk, 
                bald eagle, golden eagle, burrowing owl, and peregrine 
                falcon hunt their prey and nest, both above and below 
                ground, in the stark landscape. Species of interest to 
                both amateur and professional ornithologists make their 
                homes here, including Gambel's quail, sage thrasher, 
                Bendire's thrasher, Costa's hummingbird, gilded 
                flicker, rufous hummingbird, cactus wren, northern 
                mockingbird, ash-throated flycatcher, American 
                goldfinch, and potentially Yuma ridgeway's rail.

                A broad variety of desert mammal species also make 
                their homes in the area, ranging from the tiny pocket 
                gopher to large ungulates like mule deer, along with a 
                diversity of predators including bobcats and ring-
                tailed cats. An incredible array of bat species, 
                including 18 species that have been identified as at-
                risk by the Bureau of Land Management (BLM), call the 
                landscape home, including pollinators like the pallid 
                bat, the rare spotted

[[Page 17993]]

                bat, and a diverse group of insectivorous bat species 
                that roost in rock crevices, former mines, and other 
                small spaces. The area provides important habitat and 
                vital connectivity for the Nelson (desert) bighorn 
                sheep. The Highland Range has been identified as 
                crucial bighorn habitat, and bighorn sheep also 
                traverse the ridges of the McCullough and Lucy Gray 
                Mountains, the western slopes of the Newberry 
                Mountains, and the Nellis Wash.

                Among reptiles and amphibians, the area is most notable 
                as habitat for the threatened Mojave desert tortoise. 
                The elusive desert tortoise, with its long lifespan, 
                low juvenile survival rate, and extreme capacity for 
                conserving water, is a rare and incredible symbol of 
                this challenging landscape. The Piute and Eldorado 
                Valleys and other low-lying portions of the Avi Kwa Ame 
                area, including Nellis Wash, have long been recognized 
                as the highest priority for desert tortoise habitat 
                conservation and restoration in southern Nevada; the 
                connectivity and condition of the habitat as well as 
                its location within critical habitat recovery units 
                make this area uniquely suited to supporting tortoise 
                conservation. The area is also critical to scientific 
                studies of desert tortoise population biology, 
                genetics, and ecology.

                Many other reptile species rely on the area, including 
                the elusive and beautiful banded Gila monster; the 
                stocky, iguana-like chuckwalla; the western banded 
                gecko; and the colorful Great Basin collared lizard. 
                Species unique to and emblematic of the Mojave Desert, 
                including the Mojave Desert sidewinder and Mojave 
                shovel-nosed snake, make their homes here, along with 
                the shimmering, nocturnal desert rosy boa, all of which 
                are BLM sensitive species. Amphibians, which are rare 
                in harsh desert environments, including the Arizona 
                toad, also survive in this dry environment, and the 
                red-spotted toad has been known to breed in Grapevine 
                Canyon.

                The flowering plants that survive despite the 
                challenges of the sunbaked landscape, such as the 
                brilliant fields of wildflowers in the Newberry 
                Mountains, support and are supported by pollinators 
                like the monarch butterfly, northern Mojave blue 
                butterfly, MacNeill sooty wing skipper, and flat-faced 
                cactus bee. The area also contains potential habitat 
                for the endemic Mojave gypsum bee and Mojave poppy bee.

                Protection of the Avi Kwa Ame area will preserve its 
                diverse array of natural and scientific resources, 
                ensuring that the cultural, prehistoric, historic, and 
                scientific values of this area endure for the benefit 
                of all Americans. The living landscape holds sites of 
                historical, traditional, cultural, and spiritual 
                significance; is the setting of the creation story of 
                multiple Tribal Nations; and is inextricably 
                intertwined with the sacred significance of Avi Kwa 
                Ame. The area contains numerous objects of historic and 
                scientific interest, and it provides world-class 
                outdoor recreation opportunities, including hiking, 
                camping, birdwatching, motorized touring, stargazing, 
                hunting, and pursuing amateur geology, all of which 
                support a growing travel and tourism economy in the 
                region.

                WHEREAS, 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 Federal Government to be national 
                monuments, and to reserve as a part thereof parcels of 
                land, the limits of which 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, and objects of the type identified above within 
                the area, are objects of historic or scientific 
                interest in need of protection under 54 U.S.C. 320301, 
                regardless of whether they are expressly identified as 
                an object of historic or scientific interest in the 
                text of this proclamation; and

                WHEREAS, I find that the unique objects and resources 
                within the Avi Kwa Ame landscape, in combination, make 
                the landscape more than the mere sum of its parts, and 
                the entire landscape within the boundaries

[[Page 17994]]

                reserved by this proclamation is an object of historic 
                and scientific interest in need of protection under 54 
                U.S.C. 320301; and

                WHEREAS, I find that there are threats to the objects 
                identified in this proclamation, and in the absence of 
                a reservation under the Antiquities Act, the objects 
                identified in this proclamation are not adequately 
                protected by applicable law or administrative 
                designations, thus making a national monument 
                designation and reservation necessary to protect the 
                objects of historic and scientific interest in the Avi 
                Kwa Ame landscape 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 protection of the objects of 
                scientific or historic interest as required by the 
                Antiquities Act; and

                WHEREAS, it is in the public interest to ensure the 
                preservation, restoration, and protection of the 
                objects of scientific and historic interest on the Avi 
                Kwa Ame lands, including the entire monument landscape, 
                reserved within the Avi Kwa Ame boundary;

                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 Avi Kwa 
                Ame 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 map, which is attached hereto and 
                forms a part of this proclamation. These reserved 
                Federal lands and interests in lands encompass 
                approximately 506,814 acres. Due to the distribution of 
                the objects of the types identified in this 
                proclamation across the Avi Kwa Ame landscape, and 
                because the landscape itself is an object in need of 
                protection, to confine the boundaries of the monument 
                to the smallest area compatible with the proper care 
                and management of the objects of historic or scientific 
                interest requires the reservation of the entire area 
                described on the accompanying map.

                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, 
                from location, entry, and patent under the mining laws, 
                and from disposition under all laws relating to mineral 
                and geothermal leasing, other than by exchange that 
                furthers the protective purposes of the monument.

                This proclamation is subject to valid existing rights. 
                If the Federal Government subsequently acquires any 
                lands or interests in lands not owned or controlled by 
                the Federal Government within the boundaries described 
                on the accompanying map, such lands and interests in 
                lands shall be reserved as a part of the monument, and 
                objects of the type 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 the Interior (Secretary) shall manage 
                the monument, pursuant to applicable legal authorities, 
                through the BLM, as a unit of the National Landscape 
                Conservation System, and through the National Park 
                Service (NPS), in accordance with the terms, 
                conditions, and management direction provided by this 
                proclamation. The NPS and the BLM shall manage the 
                monument cooperatively and shall prepare an agreement 
                to share, consistent with applicable laws, whatever 
                resources are necessary to properly manage the 
                monument; however, the NPS shall continue to have 
                primary management authority over the portion of the 
                monument within the Lake Mead National Recreation Area, 
                and the BLM shall have primary management authority 
                over the remaining portion of the monument. After 
                issuance of this proclamation, the Secretary shall, 
                consistent with applicable legal authorities, transfer

[[Page 17995]]

                administrative jurisdiction of lands managed by the 
                Bureau of Reclamation within the boundaries of the 
                monument to the BLM.

                For purposes of protecting and restoring the objects 
                identified above, the Secretary shall prepare and 
                maintain a monument management plan (management plan). 
                In preparing the management plan, the Secretary shall 
                take into account, to the maximum extent practicable, 
                maintaining the undeveloped character of the lands 
                within the monument, minimizing impacts from surface-
                disturbing activities, providing appropriate access for 
                hunting and wildlife management, and emphasizing the 
                retention of natural quiet, dark night skies, and 
                visual resources. The Secretary shall provide for 
                maximum public involvement in the development of the 
                management plan, including consultation with federally 
                recognized Tribal Nations and State and local 
                governments. In the development and implementation of 
                the management plan, the Secretary shall maximize 
                opportunities, pursuant to applicable legal 
                authorities, for shared resources, operational 
                efficiency, and cooperation.

                The Secretary, through the BLM, shall establish and 
                maintain an advisory committee under the Federal 
                Advisory Committee Act (5 U.S.C. App.) with the 
                specific purpose of providing information and advice 
                regarding the development of the management plan and 
                management of the monument. This advisory committee 
                shall consist of a fair and balanced representation of 
                interested stakeholders. A majority of the membership 
                shall be made up of members of Tribal Nations with a 
                historical connection to the lands within the monument, 
                with the remaining members representing local 
                governmental entities, recreational users, conservation 
                organizations, wildlife or hunting organizations, the 
                scientific community, business owners, and local 
                citizens.

                In recognition of the importance of Tribal 
                participation in the care and management of the objects 
                identified above, and to ensure that management 
                decisions affecting the monument are informed by and 
                reflect Tribal expertise and Indigenous Knowledge, the 
                Secretary shall meaningfully engage the Tribal Nations 
                with historical and spiritual connections to the 
                monument lands in the development of the management 
                plan and management of the monument. The Secretary 
                shall enter into a memorandum of understanding with 
                interested Tribal Nations to set forth terms, pursuant 
                to applicable laws, regulations, and policies, for co-
                stewardship of the monument.

                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 
                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), Executive Order 13007 of May 24, 1996 
                (Indian Sacred Sites), and the November 10, 2021, 
                Memorandum of Understanding Regarding Interagency 
                Coordination and Collaboration for the Protection of 
                Indigenous Sacred Sites. Such uses shall include 
                collection of medicines, berries and other vegetation, 
                forest products, and firewood for personal 
                noncommercial use so long as each use is carried out in 
                a manner consistent with the proper care and management 
                of the objects identified above.

                Livestock grazing has not been permitted in the 
                monument area since 2006, and the Secretary shall not 
                issue any new grazing permits or leases on such lands.

                Nothing in this proclamation shall be construed to 
                preclude the renewal or assignment of, or interfere 
                with the operation, maintenance, replacement, 
                modification, upgrade, or access to, existing flood 
                control, utility, pipeline, and telecommunications 
                facilities; roads or highway corridors; seismic 
                monitoring facilities; or other water infrastructure, 
                including wildlife water developments or water district 
                facilities, within or adjacent to an existing 
                authorization boundary. Existing flood control, 
                utility, pipeline, telecommunications, and seismic 
                monitoring facilities, and other water infrastructure,

[[Page 17996]]

                including wildlife water developments or water district 
                facilities, may be expanded, and new facilities of such 
                kind may be constructed, to the extent consistent with 
                the proper care and management of the objects 
                identified above and subject to the Secretary's 
                authorities and other applicable law.

                For purposes of protecting and restoring the objects 
                identified above, the Secretary shall prepare a 
                transportation plan that designates the roads and 
                trails on which motorized and non-motorized mechanized 
                vehicle use will be allowed. Except for emergency or 
                authorized administrative purposes, including 
                appropriate wildlife management, motorized vehicle use 
                in the monument shall be permitted only on roads and 
                trails documented as existing as of the date of this 
                proclamation. Any additional roads or trails designated 
                for motorized vehicle use must be designated only for 
                the purposes of public safety needs or protection of 
                the objects identified above. The Secretary shall 
                monitor motorized and non-motorized mechanized vehicle 
                use and designated roads and trails to ensure proper 
                care and management of monument objects.

                To further the protection of the monument, the 
                Secretary shall evaluate opportunities to work with 
                local communities to locate and develop a visitor 
                center or other visitor information facilities to 
                enhance public services and promote management 
                efficiencies.

                Nothing in this proclamation shall preclude low-level 
                overflights of military aircraft, the designation of 
                new units of special use airspace, or the use or 
                establishment of military flight training routes over 
                the lands reserved by this proclamation. Nothing in 
                this proclamation shall preclude air or ground access 
                to existing or new electronic tracking communications 
                sites associated with the special use airspace and 
                military training routes.

                So long as carried out in a manner consistent with the 
                proper care and management of the objects identified 
                above, nothing in this proclamation shall preclude the 
                safe and efficient operation of airplanes over the 
                lands reserved by this proclamation.

                Nothing in this proclamation shall be deemed to enlarge 
                or diminish the jurisdiction of the State of Nevada 
                (State), including its jurisdiction and authority with 
                respect to fish and wildlife management, including 
                hunting on Federal lands. The Secretary shall seek to 
                continue collaborating with the State on wildlife 
                management and shall expeditiously explore entering 
                into a memorandum of understanding, or amending an 
                existing memorandum of understanding, with the State to 
                facilitate such collaboration.

                Nothing in this proclamation alters, modifies, or 
                amends the Clark County Multi-Species Habitat 
                Conservation Plan.

                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.

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

[[Page 17997]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-first day of March, in the year of our Lord two 
                thousand twenty-three, and of the Independence of the 
                United States of America the two hundred and forty-
                seventh.
                
                
                    (Presidential Sig.)

Billing code 3395-F3-P



[[Page 17998]]

[GRAPHIC] [TIFF OMITTED] TD27MR23.008


[FR Doc. 2023-06387
Filed 3-24-23; 8:45 a.m.]
Billing code 4310-10-C