Presidential Document2023-06401
Establishment of the Castner Range National Monument
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Published
March 27, 2023
Signed
March 21, 2023
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 88 Issue 58 (Monday, March 27, 2023)</title>
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[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Presidential Documents]
[Pages 17999-18004]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06401]
Presidential Documents
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 /
Presidential Documents
[[Page 17999]]
Proclamation 10534 of March 21, 2023
Establishment of the Castner Range National
Monument
By the President of the United States of America
A Proclamation
Each year, as winter gives way to spring, Mexican Gold
Poppies burst into bloom, transforming the undeveloped
desert plains and hills of Castner Range into a sea of
vibrant yellows, oranges, and reds framed by the rugged
mountains and azure blue sky. Visitors from across the
Nation come to witness this natural wonder, and
families from local communities gather to mark
quincea[ntilde]eras, weddings, and other special
occasions with this colorful tableau as backdrop.
Located on Fort Bliss near the heart of El Paso, Texas,
Castner Range--stretching from the heights of the
Franklin Mountains, eastward across canyons and
arroyos, and descending to lower elevation plains of
the Chihuahuan Desert--serves as a testament to the
modernization of the American military and the military
service members who trained there from 1926 to 1966. In
addition to containing evidence of Castner Range's
important historical role in our Nation's national
defense, Castner Range hosts significant archeological
sites documenting the history of the Tribal Nations
that inhabited the area since time immemorial, rare
plant and animal habitat, and unique geological
features. Once it is safe for public access following
remediation of military munitions and munitions
constituents, Castner Range will become a natural
classroom offering unique opportunities to experience,
explore, and learn from nature in a unique setting that
is close to a major urban center. Access to nature is
particularly important for underserved communities,
like those bordering Castner Range, that have
historically had less access to our public lands.
Castner Range will also provide opportunities for
important research on archeological sites, plant and
animal communities, and geological features in areas
that have been inaccessible for many decades.
The Department of the Army acquired Castner Range in
the 1920s and 1930s, and with the establishment of an
Anti-Aircraft Training Center in 1940, Castner Range--
and Fort Bliss more broadly--became the largest
overland air defense missile range and training center
in the world. In 1945, Fort Bliss became home to the
1st Anti-aircraft Guided Missile Battalion, the first
missile battalion in Army history. In 1948, the Army
established the 1st Guided Missile Regiment at Fort
Bliss, which later became the 1st Guided Missile
Brigade. This unique component trained at Castner Range
and provided skills to the Army as it transitioned into
the era of modern guided-missile warfare. In the 1960s,
a training area known as the ``Vietnam Village'' was
constructed and used for close combat exercises, but
military training on Castner Range largely ended in
1966. As a result of the cessation of military
activities, much of this rugged landscape has since
been reclaimed by nature.
Archeologists have identified 41 archeological sites
within Castner Range despite access restrictions due to
remaining munitions in the area. Some of these sites
are culturally important to Tribal Nations and
Indigenous Peoples--including Apache and Pueblo peoples
and the Comanche Nation, Hopi Tribe, and Kiowa Indian
Tribe of Oklahoma--and provide evidence of Indigenous
Peoples' presence in the area from at least 6,000 B.C.
Three of those sites--the Fusselman Canyon Rock Art
District, the Northgate Site,
[[Page 18000]]
and the Castner Range Archeological District--are
listed in the National Register of Historic Places.
Within Castner Range, there is a site that contains
rock art from around 1350 A.D. depicting animal
footprints, geometric designs, a human handprint, and a
bird's head. Pottery and arrow shaft straighteners have
also been found in the area. Another site includes
several rock shelters, a shallow cave, bedrock mortars,
and rock art, which is visible on the overhangs and
undersides of fallen and stacked granitic boulders.
Similarities between the rock art in this area and rock
art found in Hueco Tanks State Park to the east and at
sites in Mexico provide evidence of interactions among
the ancient Indigenous Peoples in the region. Elsewhere
within Castner Range, evidence of occupation from
approximately 250 to 1500 A.D. includes burial sites,
roasting pits, a pit house, ceramics, and other
artifacts. Initial investigations in another area
within Castner Range have uncovered evidence of
occupation between 900 B.C. and 1400 A.D., including
rock art, fire pits, pottery, bedrock mortars, and
lithic scatters. Additional opportunities to study
these sites and potentially identify new sites will
become available as closed areas are opened to
researchers and Tribal Nations are consulted or
otherwise engaged in relevant approval processes,
providing new insights into the history of Indigenous
Peoples in the area.
The area also contains the World War II-era Anti-
Mechanized Target Firing Range, which was built by the
Army in 1940 and is eligible for listing in the
National Register of Historic Places due to its
significance to military history. This firing range was
used as a high-speed anti-tank weapons training course
to provide soldiers with essential training in
preparation for combat in World War II. Today the
foundations and other remnants stand as a physical
reminder of this pivotal moment in world history.
Evidence of mining that occurred before the Army's
acquisition of Castner Range can be found at the El
Paso Tin Mine site, which is also eligible for listing
in the National Register of Historical Places and
contains the remains of a tin mine briefly in operation
at the turn of the 20th Century. As World War II drove
a surge in the demand for tin, the mine reopened
briefly in 1942, but the lack of abundant tin caused
the mine to close again shortly thereafter.
Although completely contained within the city limits of
El Paso, Castner Range is undeveloped due to its
history of military use and, following the cessation of
live fire exercises more than half a century ago,
Castner Range has reverted to a state that is
representative of the natural Chihuahuan ecosystem of
the region. Indian Springs, Cottonwood Springs, Mundy
Springs, and Whispering Springs provide sources of
water and rare habitat for wildlife in this harsh
desert ecosystem. The area also provides habitat for a
large and diverse array of Chihuahuan Desert plants,
birds, and mammals. The United States Fish and Wildlife
Service has indicated that habitat is likely to exist
for the American peregrine falcon, Mountain plover,
Golden eagle, Texas horned lizard, black-tailed prairie
dog, Baird's sparrow, Western burrowing owl, Franklin
Mountains talussnail, Alamo beard tongue, Sand prickly
pear, Desert night-blooming cereus, and the endangered
Sneed pincushion cactus. Golden eagles and Western
burrowing owls, for example, have been observed at
Castner Range.
Castner Range also contains undeveloped geological
resources. The Franklin Mountains and various landslide
blocks along the eastern front of the mountains define
the topography of the highest elevations of Castner
Range. Over time, erosional events exposing the Red
Bluff Granite followed by the deposition of the Bliss
Sandstone have resulted in a geologic feature known as
an unconformity. The Castner Limestone formation of the
mid-elevation foothills is the oldest rock in the El
Paso area and contains abundant, well-preserved, and
ancient Precambrian fossilized algae. Two specimens
were closely examined in 1958 and were identified as
Oollenia frequens. It is expected that future research
will identify other specimens once access becomes
possible. On the desert floor of the lower elevations
[[Page 18001]]
and emanating from Fusselman Canyon and similar
mountain canyons, Castner Range contains the Franklin
Mountains' only remaining undeveloped alluvial fans--
broad, sloping triangular areas created when rapidly
moving water descending through canyons emerges onto
the desert floor and deposits eroded material.
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 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 Castner Range contains significant
archeological and paleontological resources, rare and
fragile biological and ecological resources, and unique
geological features that are of scientific interest;
and
WHEREAS, I find that Castner Range contains sites of
cultural significance to Tribal Nations and Indigenous
Peoples; and
WHEREAS, I find that Castner Range is an important part
of the history of Native Americans and the United
States military; and
WHEREAS, I find it is in the public interest to
preserve and protect the objects of scientific and
historic interest located within Castner Range; and
WHEREAS, I find that each of the objects identified
above, and those of the same sort that may not be
expressly identified in this proclamation, are objects
of historic or 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 that a national
monument reservation is necessary to protect the land
along with its objects of historic and scientific
interest within Castner Range 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 by the Antiquities Act;
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 Castner
Range 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 6,672 acres.
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 Department of the Army,
including withdrawal from location, entry, and patent
under the mining laws; from disposition under all laws
relating to mineral, solar, and geothermal leasing; and
from conveyance under section 2844 of the National
Defense Authorization Act (NDAA) for Fiscal Year 2013.
The Secretary of the Army (Secretary) shall manage the
monument pursuant to applicable legal authorities,
including section 2846 of the NDAA for Fiscal Year
2018, 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
[[Page 18002]]
the monument, which shall include access for outdoor
recreational opportunities as well as historic and
scientific research at a time and in a manner
determined by the Secretary (considering ongoing and
future remediation of hazardous substances or
munitions, any needed controls to ensure explosives
safety, and other limitations provided in law),
consistent with the proper care and management of the
objects identified above. The Secretary shall
promulgate such regulations for management of the
monument as the Secretary deems 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 interested
stakeholders. The final decision over any management
plan and regulations rests with the Secretary.
The Secretary shall expeditiously conduct military
munitions response actions at Castner Range in
accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. 9615 et seq.), and section 2846 of
the NDAA for Fiscal Year 2018, and shall conduct
response actions in a phased manner that allows for
public access to areas of the monument when and under
the conditions necessary to protect human health and
safety. Nothing in this proclamation shall affect the
responsibilities and authorities of the Department of
Defense under applicable environmental laws within the
monument boundaries. Nothing in this proclamation shall
affect the Secretary's ability to authorize access to
and remediation of contaminated lands within the
monument.
The Secretary shall, to the maximum extent permitted by
law and in consultation with Tribal Nations, ensure the
protection of sacred sites and traditional cultural
properties and sites in the monument and provide access
to Tribal members for traditional cultural, spiritual
and customary uses, consistent with the American Indian
Religious Freedom Act, 42 U.S.C. 1996, and Executive
Order 13007 of May 24, 1996 (Indian Sacred Sites). Such
uses shall include allowing collection of medicines,
berries and other vegetation, forest products, and
firewood for personal non-commercial use in a manner
consistent with the proper care and management of the
objects identified herein, and in consideration of the
presence of military munitions and munitions
constituents.
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 to develop the
management plan and to inform subsequent management of
the monument.
The establishment of this monument is subject to valid
existing rights, including valid 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 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 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 Texas with
respect to fish and wildlife management. Nothing in
this proclamation shall be deemed to enlarge or
diminish the rights or jurisdiction of any Tribal
Nation.
Nothing in this proclamation shall be construed to
alter the authority or responsibility of any party with
respect to emergency response activities
[[Page 18003]]
within the monument, including wildland fire response
or search and rescue operations.
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
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.
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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F3-P
[[Page 18004]]
[GRAPHIC] [TIFF OMITTED] TD27MR23.009
[FR Doc. 2023-06401
Filed 3-24-23; 8:45 a.m.]
Billing code 4310-10-C
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</html>Indexed from Federal Register on March 27, 2023.
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