Establishment of the Avi Kwa Ame National Monument

[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

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.

in, 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

bject 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

oss 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.

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

helters, 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.

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.

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.

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

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

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

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.

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.

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

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.

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

tenant 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.

tuated

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

sts 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

a

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

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

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.

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.

mportant 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.

ern 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.

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.

umerous 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

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;

rest 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.

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.

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.

y

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.

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

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.

ion 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.

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.

re 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.

ding

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