Establishment of the Camp Hale-Continental Divide National Monument

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[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

n

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

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

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.

, 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

esses 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.

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

[[Page 63383]]

nited 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

[[Page 63383]]

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.

nmile 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

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.

ern 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]]

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

s 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.

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.

s--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]]

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.

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

tures, 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

ntinental 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;

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.

nd 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.

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.

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

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.

ewardship

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

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

ress 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.

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.

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

[[Page 63390]]

[GRAPHIC] [TIFF OMITTED] TD20OC22.000

[[Page 63391]]

[GRAPHIC] [TIFF OMITTED] TD20OC22.001

[[Page 63392]]

[GRAPHIC] [TIFF OMITTED] TD20OC22.002

[FR Doc. 2022-22810

Filed 10-18-22; 8:45 am]

Billing code 4310-10-C

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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