Presidential Document2024-10266

Boundary Enlargement of the Berryessa Snow Mountain National Monument

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Published
May 9, 2024
Signed
May 2, 2024

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Executive Office of the President

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<title>Federal Register, Volume 89 Issue 91 (Thursday, May 9, 2024)</title>
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[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Presidential Documents]
[Pages 39531-39537]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10266]




                        Presidential Documents 



Federal Register / Vol. 89, No. 91 / Thursday, May 9, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 39531]]

                Proclamation 10745 of May 2, 2024

                
Boundary Enlargement of the Berryessa Snow 
                Mountain National Monument

                By the President of the United States of America

                A Proclamation

                Through Proclamation 9298 of July 10, 2015, President 
                Obama established the Berryessa Snow Mountain National 
                Monument (monument) to protect an array of spectacular 
                historic, cultural, geologic, and ecological resources 
                in the heart of northern California's Inner Coast 
                Range. Straddling the eastern edge of the monument 
                boundary, Molok Luyuk--which means ``Condor Ridge'' in 
                the language of the Patwin people--is a striking 11-
                mile north-to-south ridgeline that is sacred to the 
                Patwin people and contains a mosaic of historic objects 
                and rare natural communities supported by the unique 
                geologic and hydrologic features of the area. The 
                ridgeline, also known as Walker Ridge, is flanked by 
                chaparral-covered canyons, serpentinite outcroppings, 
                oak and cypress woodlands, and spring-fed meadows. 
                Lands within the Molok Luyuk area show evidence of 
                occupation by Indigenous peoples for more than 10,000 
                years. The historical significance of Molok Luyuk 
                contributes to its cultural and spiritual significance 
                to the Patwin people, and many other Indigenous peoples 
                from northern California also have ties to the area, 
                including the Pomo, Lake Miwok, Yuki, and Nomlaki. 
                While much of the western slope of the ridge was 
                designated as part of the monument by Proclamation 
                9298, expanding the monument's eastern boundary to 
                include the full Molok Luyuk area--from the ridgeline 
                to the point where the foothills recede into the 
                flatlands of Bear Valley--will protect additional 
                objects of scientific and historic interest and enable 
                holistic management of a culturally significant 
                landscape.

                Since time immemorial, Molok Luyuk has held a deep 
                cultural significance for Tribal Nations of the Patwin 
                people, including the Yocha Dehe Wintun Nation, the 
                Kletsel Dehe Band of Wintun Indians, and the Cachil 
                Dehe Band of Wintun Indians. Their history is connected 
                to Molok Luyuk and their lifeways are intertwined with 
                the features, plants, and wildlife of the expansion 
                area. The name Molok Luyuk recalls a time when condors 
                were a common sight soaring above the ridge, and the 
                Patwin people would often celebrate them with dances 
                and ceremonies. On a clear day, the highest points of 
                Molok Luyuk offer a commanding view of the surrounding 
                rugged and undeveloped landscape, encompassing Mount 
                Shasta to the north, Mount Tamalpais to the southwest, 
                and Sutter Buttes to the east. This viewshed, and 
                particularly the view of the sun rising over Sutter 
                Buttes, is central to the Patwin origin story and 
                connected the Patwin communities that once lived in the 
                hills of Molok Luyuk and beyond with the River Patwin 
                communities that populated Bear Valley, which lies just 
                to the east, before they were displaced by trappers, 
                ranchers, and miners. The expansion area includes sites 
                of historic and ceremonial importance to members of all 
                three Patwin Nations along the ridgeline and around its 
                numerous natural springs.

                The area around Molok Luyuk has long contained numerous 
                objects of scientific and historic interest. Molok 
                Luyuk played an important role in providing for the 
                sustenance of the Patwin communities that were once 
                found in the area. Occupants of nearby villages made 
                seasonal forays to the ridge and flanks of Molok Luyuk 
                in search of manzanita berries, clover,

[[Page 39532]]

                gray pine nuts, acorns, bulbs, and tubers, as well as 
                to hunt elk and deer. Evidence of this cultural story 
                marks the landscape today through numerous lithic 
                scatters--sites containing ancient tools, tool 
                fragments, and lithic flakes from tool production and 
                maintenance--found along Molok Luyuk and around the 
                area's cold springs. These scatter sites, which in some 
                cases date back thousands of years, likely represent 
                hunting and gathering camps and sites used by 
                generations of Indigenous people for ceremonial 
                purposes. Artifacts from these sites include obsidian 
                tools made from sources in the region.

                Trails once crossed and stretched out from the 
                ridgeline. These trails, which ran atop the ridge and 
                just inside the northern and southern boundaries of the 
                expansion area, are important to the history of how 
                Patwin communities were connected to other Indigenous 
                communities in northern California. For instance, they 
                enabled cultural exchanges among Indigenous people in 
                the region, connected villages, and facilitated access 
                to seasonal camps and ceremonial sites. Knowledge of 
                the trails lives within Patwin oral history and 
                cultural expertise and has been documented in 
                ethnographic studies. Some trails were part of a larger 
                interregional network by which other northern 
                California Indigenous peoples would access Molok Luyuk 
                and the healing hot springs that today lie on private 
                land just to the south of the expansion area.

                A tumultuous geologic history underpins the expansion 
                area's diverse ecological communities. The backbone of 
                Molok Luyuk is an ophiolite formed by unusual 
                ultramafic rocks. Serpentinite, as this rock is more 
                commonly known, was originally formed deep within the 
                Earth's mantle and eventually thrust upward through the 
                forces of plate tectonics. The landscape is subtly 
                marked by the smoky gray-green of serpentine rocks and 
                their derivative soils. Rare serpentine soils resulting 
                from eroded serpentinite dominate the ridgeline and 
                eastern flank of Molok Luyuk. These soils have 
                unusually high levels of magnesium and iron and very 
                low levels of nutrients, such as calcium and 
                phosphorus, that are critical for the survival of most 
                plants. This soil chemistry imposed evolutionary 
                pressure resulting in a profusion of unique species and 
                habitats that are inhospitable to non-native species 
                that may dominate elsewhere.

                Protecting serpentine soils like those found in the 
                expansion area is essential to the preservation of 
                California's endemic and rare plant life. While 
                serpentine soils occur on less than 1.5 percent of 
                California's land base, they are home to nearly 15 
                percent of California endemic species and nearly 11 
                percent of its rare plant taxa. Consistent with this 
                State-wide data, the great majority of special-status 
                plant taxa within the Molok Luyuk area occur primarily 
                on serpentine soils.

                Molok Luyuk's diverse topography and geology, which 
                also include sandstone and shale, create the conditions 
                for its 13 distinct plant communities, 9 of which 
                spring from serpentine soils. These habitats include 
                serpentine and non-serpentine chaparral, McNab and 
                Sargent cypress and blue and live oak woodlands, 
                serpentine riparian woodland, native wildflower fields, 
                and serpentine seeps. This diversity of plants and 
                plant communities provided the wide array of foods, 
                tools, and medicines that the Patwin gathered from 
                Molok Luyuk. Nearly 500 native California plant taxa 
                have been identified within the expansion area, 
                including at least 38 different special-status plant 
                taxa. The expansion area also includes suitable habitat 
                for another 30 special-status plants that have been 
                documented in the surrounding area. Numerous studies--
                particularly those focused on species that grow on 
                serpentine soils--have made use of botanical samples 
                from the expansion area, and protecting these rare and 
                sensitive plants will preserve opportunities for 
                important future botanical research.

                Brilliant fields of native wildflowers and bunchgrasses 
                are scattered throughout Molok Luyuk. Springtime brings 
                a kaleidoscopic display of butter-yellow golden fairy 
                lantern, flame-like woolly Indian paintbrush, and 
                brilliant orange starbursts of flame ragwort, all of 
                which are native species that thrive in

[[Page 39533]]

                the area's serpentine meadows. The delicate violet 
                flowers of the Indian Valley brodiaea, a bulbiferous 
                perennial herb that is listed as a State of California 
                endangered species, can also be found tucked into 
                serpentine seeps. Throughout the summer, the small 
                white flowers of the drymary dwarf flax, a Bureau of 
                Land Management (BLM) sensitive species that is endemic 
                to California, are widespread on Molok Luyuk's higher 
                elevation serpentine slopes.

                Unusual serpentine wetlands occur along Molok Luyuk, as 
                well as on downslope benches and along Highway 20 near 
                the Colusa-Lake county line. Many of these wetlands are 
                fed by the numerous seeps and springs scattered across 
                the area, which are of critical importance to the 
                area's botanical richness. These include Barrel Springs 
                in the northeastern portion of the expansion area, Cold 
                Spring near the center of the ridgeline, and Til Jones 
                and Eaton Springs in the south, along with numerous 
                other unnamed springs. Protecting these springs, and 
                the wetlands they feed, is critical to preserving the 
                rare and endemic species that thrive within the 
                monument and expansion area--and to preserving 
                opportunities for future scientific study.

                Despite substantial fragmentation due to fires in 2008 
                and 2018, McNab cypress woodland, a California-
                designated sensitive natural community that is 
                vulnerable at both the global and State scales, 
                dominates portions of the northern, higher elevations. 
                In addition to being a rare and vulnerable natural 
                community of scientific interest, the McNab cypress, 
                for which these woodlands are named, have been used for 
                Patwin ceremonies and medicines for generations and 
                continue to be used today.

                A wide variety of mammals, birds, reptiles, and 
                amphibians use or make their homes in Molok Luyuk. More 
                than 80 species of birds have been recorded in the 
                area, including 18 special-status species. Both bald 
                and golden eagles can be observed gliding through the 
                sky above Molok Luyuk. Foothill yellow-legged frogs, a 
                BLM sensitive species, can be found in lower-elevation 
                streams within the expansion area. Members of the 
                oldest free-ranging tule elk herd in California also 
                reside within the expansion area. Tule elk, which are 
                endemic to California, had vanished from the wild until 
                a formerly captive herd was released in 1922 in Colusa 
                County. Other wildlife species that make their homes in 
                Molok Luyuk include black-tail deer, black bear, 
                coyote, bobcat, gopher snake, and western rattlesnake. 
                The slopes of Molok Luyuk provide an avenue for 
                wildlife to move from the lower elevations of Bear 
                Valley to the higher elevation of the ridgeline. 
                Conserving this expansion area will fortify protection 
                for the critical north-south migration corridor 
                provided by the existing monument.

                As night falls over Molok Luyuk, other residents of the 
                area emerge. At least 14 species of bats occur in the 
                area, including the western red bat, pallid bat, and 
                Townsend's big-eared bat, each of which is a California 
                Species of Special Concern. The night skies through 
                which they fly are remarkably unmarred by light 
                pollution, which can disturb many species of bats as 
                well as other mammals and birds, and provide 
                increasingly rare and extraordinary stargazing 
                opportunities to those who venture out after sunset.

                In light of threats, including impacts from climate 
                change, increased recreational use, and development 
                potential, expanding the boundaries of the Berryessa 
                Snow Mountain National Monument to protect the area 
                described above will preserve a diverse array of 
                natural and scientific resources and cultural and 
                historic legacy sites, ensuring that the scientific and 
                historic values of this area endure for the benefit of 
                all Americans. The expansion area contains numerous 
                objects of historic and scientific interest, and it 
                also provides opportunities for those who seek out 
                places of beauty and botanical wonder, whether through 
                hiking, hunting, scenic driving, camping, wildflower 
                viewing, or lying under a vast expanse of undimmed 
                starry sky.

[[Page 39534]]

                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 each of the objects identified 
                above, and objects of the type identified above within 
                the area described herein, are objects of historic or 
                scientific interest in need of protection under section 
                320301 of title 54, United States Code, 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 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 identified 
                above 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 
                identified above, 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 identified 
                above;

                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 part of the 
                Berryessa Snow Mountain National Monument and, for the 
                purpose of protecting those objects, reserve as part 
                thereof all lands and interests in lands that are 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. 
                The reserved Federal lands and interests in lands 
                within the expansion area encompass approximately 
                13,696 acres. As a result of the distribution of the 
                objects throughout the area, the boundaries described 
                on the accompanying map are confined to the smallest 
                area compatible with the proper care and management of 
                the objects of historic or scientific interest 
                identified above.

                Nothing in this proclamation shall change the 
                management of the areas protected under Proclamation 
                9298. The terms, conditions, and management direction 
                provided by Proclamation 9298, including any term 
                limiting the construction or effect of Proclamation 
                9298, are incorporated by reference and shall apply to 
                the area reserved by this proclamation except to the 
                extent that they are inconsistent with a provision in 
                this proclamation.

                All Federal lands and interests in lands described on 
                the accompanying map 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 
                facilitates the remediation, monitoring, or reclamation 
                of historic mining operations under applicable law or 
                otherwise furthers the protective purposes of the 
                monument.

                The enlargement of the boundary is subject to valid 
                existing rights. If the Federal Government subsequently 
                acquires any lands or interests in lands

[[Page 39535]]

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

                The Secretary of the Interior (Secretary), through the 
                BLM, shall manage the expansion area pursuant to 
                applicable legal authorities, as a unit of the National 
                Landscape Conservation System, and in accordance with 
                the terms, conditions, and management direction 
                provided by this proclamation and, as described above, 
                those provided by Proclamation 9298.

                For purposes of protecting and restoring the objects 
                identified above, the Secretary shall include the lands 
                within the expansion area in the management plan for 
                the monument provided for in Proclamation 9298. The 
                Secretary shall promulgate such rules and regulations 
                for the management of the expansion area as deemed 
                appropriate.

                Consistent with the direction in Proclamation 9298, in 
                recognition of the importance of Tribal participation 
                in the care and management of the objects identified 
                above, and to ensure that management decisions are 
                informed by and reflect Tribal expertise and Indigenous 
                Knowledge, the Secretary shall explore entering into 
                one or more memoranda of understanding with interested 
                Tribal Nations to set forth terms, pursuant to 
                applicable laws, regulations, and policies, for co-
                stewardship of the expansion area, as well as for 
                educational and other outreach efforts regarding the 
                history of the Tribal Nations in the area and the name 
                Molok Luyuk.

                In order to reflect the historic, spiritual, and 
                cultural significance of Molok Luyuk to the Patwin 
                Tribes as discussed throughout this proclamation, the 
                geographic feature identified in the Federal Geographic 
                Names Information System as Feature 237183 shall be 
                renamed Molok Luyuk. The Secretary and the Board of 
                Geographic Names shall take any necessary and 
                appropriate steps to make this change in the Geographic 
                Names Information System. Except as necessary for the 
                care and management of the objects identified above, no 
                new rights-of-way shall be authorized within the area 
                reserved by this proclamation.

                The Secretary shall issue a travel management plan that 
                authorizes motorized and non-motorized mechanized 
                vehicle use, including mountain biking, so long as such 
                use is consistent with the care and management of the 
                objects identified above. Further, the Secretary shall 
                monitor motorized and non-motorized mechanized vehicle 
                use and designated roads and trails to ensure proper 
                care and management of the objects identified above.

                The Secretary shall evaluate opportunities to enter 
                into one or more agreements with governments, including 
                State, local, and Tribal, regarding protection of the 
                objects identified above during wildland fire 
                prevention and response efforts.

                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 39536]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                second day of May, in the year of our Lord two thousand 
                twenty-four, and of the Independence of the United 
                States of America the two hundred and forty-eighth.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

Billing code 3395-F4-P


[[Page 39537]]

[GRAPHIC] [TIFF OMITTED] TD09MY24.066


[FR Doc. 2024-10266
Filed 5-8-24; 8:45 am]
Billing code 4310-10-C


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Indexed from Federal Register on May 9, 2024.

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