[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 643 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 643
To establish the Jemez National Recreation Area in the State of New
Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 24 (legislative day, March 3), 1993
Mr. Bingaman (for himself and Mr. Domenici) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Jemez National Recreation Area in the State of New
Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jemez National Recreation Area
Establishment Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Recreation area.--The term ``recreation area'' means
the Jemez National Recreation Area established by this Act.
(2) Secretary.--Except as otherwise provided in this Act,
the term ``Secretary'' means the Secretary of Agriculture.
SEC. 3. ESTABLISHMENT OF JEMEZ NATIONAL RECREATION AREA.
(a) In General.--To conserve, protect, and restore the
recreational, ecological, cultural, religious, and wildlife resource
values of the Jemez Mountains, there is established the Jemez National
Recreation Area, to be administered by the Secretary.
(b) Area Included.--
(1) In general.--The recreation area shall be comprised of
approximately 57,000 acres of land and interests in land within
the Santa Fe National Forest, as generally depicted on the map
entitled ``Jemez National Recreation Area--Proposed'' and dated
September 1992.
(2) Minor revisions.--The Secretary may from time to time
and in consultation with local tribal leaders make minor
revisions in the boundary of the recreation area to promote
management effectiveness and efficiency in furtherance of this
Act.
(c) Map and Description.--
(1) Filing.--As soon as is practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of the recreation area with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives.
(2) Force and effect.--The map and legal description shall
have the same force and effect as if included in this Act,
except that the Secretary may correct clerical and
typographical errors in the map and legal description.
(3) Public inspection.--The map and legal description shall
be on file and available for public inspection in the Office of
the Chief of the Forest Service of the Department of
Agriculture.
SEC. 4. ADMINISTRATION.
(a) In General.--
(1) In general.--The Secretary shall administer the
recreation area--
(A) in accordance with this Act and the laws
applicable to lands within the National Forest System;
and
(B) in a manner that will further the purposes of
the recreation area.
(2) Management.--Management of the natural resources within
the recreation area shall be permitted only to the extent that
the management is compatible with and does not impair the
purposes for which the recreation area is established.
(3) Recreational activities.--Permissible recreational
activities within the recreation area shall include hiking,
camping, hunting, fishing, skiing, backpacking, rock climbing,
and swimming.
(b) Management Plan.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the recreation area as an amendment to the Santa Fe
National Forest Land and Resource Management Plan. The
management plan shall--
(A) reflect the establishment of the recreation
area, including newly designated land within the
recreation area and adjacent National Forest land; and
(B) conform to the requirements of this Act.
(2) Congressional intent.--Nothing in this Act is intended
to require the Secretary to revise the Santa Fe Forest Land and
Resource Management Plan pursuant to section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(c) Cultural Resources.--In administering the recreation area, the
Secretary shall give particular emphasis to the preservation,
stabilization, and protection of cultural resources located within the
recreation area in furtherance of the Archaeological Resources
Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National
Historic Preservation Act (16 U.S.C. 470 et seq.).
(d) Native Americans.--
(1) Protection of sites.--
(A) In general.--In recognition of the past use of
portions of the recreation area by Indian peoples for
traditional cultural and religious purposes, the
Secretary shall protect Indian religious and cultural
sites and provide occasional access to those sites by
Indian peoples for traditional cultural and religious
purposes. The access shall be consistent with the
purpose and intent of Public Law 95-341 (42 U.S.C.
1991) (commonly known as the ``American Indian
Religious Freedom Act'').
(B) Temporary closings.--In accordance with such
joint resolution and upon request of an Indian tribe or
pueblo, the Secretary may from time to time temporarily
close to general public use one or more specific
portions of the recreation area to protect the privacy
of religious activities and cultural uses by Indian
peoples. Any closure shall be made so as to affect the
smallest practicable area for the minimum period
necessary.
(2) Consultation with native americans.--In preparing and
implementing management plans for the recreation area, the
Secretary shall request that the Governor of the Pueblo of
Jemez and the chief executive officers of other appropriate
Indian tribes and pueblos make recommendations on methods of--
(A) ensuring access to cultural and religious
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
recreation area; and
(C) protecting traditional cultural and religious
sites in the recreation area.
(e) Wildlife Resources.--In administering the recreation area, the
Secretary shall--
(1) give particular emphasis to the conservation and
protection of wildlife resources within the recreation area
(including species listed as sensitive by the Forest Service);
and
(2) comply with applicable Federal and State laws relating
to wildlife, including the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(f) Hunting.--
(1) In general.--Within the recreation area, and subject to
paragraph (2), the Secretary shall permit hunting and fishing
on lands and waters under the jurisdiction of the Secretary in
accordance with applicable Federal and State law.
(2) Limitation.--
(A) In general.--The Secretary may designate zones
where, and establish periods when, hunting and fishing
shall not be permitted for reasons of public safety,
administration, fish and wildlife management, or public
use and enjoyment.
(B) Consultation.--Except in emergencies,
designation by the Secretary under this paragraph shall
take effect only after consultation with the
appropriate State agencies responsible for hunting and
fishing activities.
(g) Timber Harvesting.--
(1) In general.--The Secretary may permit timber harvesting
in the recreation area for commercial purposes (including
vigas, latillas, and the gathering of fuelwood) and for
purposes of public safety, recreation, wildlife, and
administration, to the extent that the harvesting is compatible
with the purposes of the recreation area.
(2) Damaged timber.--Trees that are damaged or downed as a
result of fire, disease, or insect infestation may be utilized,
salvaged, or removed from the recreation area as authorized by
the Secretary in accordance with the purposes of this Act.
(3) Timber sales under contract.--Nothing in this Act is
intended to affect timber sales under contract on the date of
enactment of this Act.
(4) Los griegos timber sale.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this Act is intended to affect the Los
Griegos timber sale in the Los Griegos Diversity Unit
number 0322, as shown on the West Half Diversity Unit
map of the Santa Fe National Forest dated November
1991.
(B) Exception.--The Secretary shall manage the sale
using uneven aged management, including the individual
tree selection method.
(h) Grazing.--The Secretary may permit grazing within the
recreation area in accordance with regulations prescribed by the
Secretary. Riparian areas shall be managed in such a manner as to
protect their important resource values.
(i) Transportation Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare a
transportation plan that provides for the most efficient use of
roads and trails in existence on the date of enactment of this
Act to accomplish the purposes of this Act. The plan shall
provide for a comprehensive trails system that permits
dispersed recreation while minimizing the impact on significant
archaeological and religious sites.
(2) Roads.--The Secretary shall construct, maintain, and
close roads within the recreation area only in accordance with
the plan prepared pursuant to paragraph (1).
(j) Recreational Facilities.--The Secretary shall provide for
recreational facilities within the recreation area. The facilities
shall be constructed so as to minimize impacts on scenic beauty and the
natural character of the recreation area.
(k) Visitor Facilities.--The Secretary shall establish a visitor
center and interpretive facilities in or near the recreation area to
provide for education relating to the interpretation of the cultural
and natural resources of the recreation area.
(l) Power Transmission Lines.--In accordance with Federal and State
law, the Secretary may permit a utility corridor for high power
electric transmission lines if the Secretary determines that--
(1) there is not a feasible alternative for the location of
the corridor;
(2) damage to the recreational and scenic quality of the
recreation area will not be significant;
(3) it is in the public interest that the corridor be
located in the recreation area; and
(4) a plan to minimize harm to the resources of the
recreation area has been developed.
(m) Scientific Investigations.--The Secretary may permit scientific
investigations within the recreation area if the Secretary determines
that the investigations are in the public interest and are compatible
with this Act.
SEC. 5. ACQUISITION OF LAND.
(a) State Land.--Land and interests in land within the boundaries
of the recreation area that are owned by the State of New Mexico, or a
political subdivision of New Mexico, may be acquired only by donation
or exchange.
(b) Offers to Sell.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire land and interests in land within the boundaries of
the recreation area by donation, purchase with donated or
appropriated funds, or exchange.
(2) Limitation.--No land or interest in land may be added
to the recreation area after the date of enactment of this Act
without specific authorization by Congress and the consent of
the owner of the land or interest in land.
SEC. 6. MINERALS AND MINING.
(a) Limitation on Patent Issuance.--
(1) In general.--Notwithstanding any other provision of
law, no patents shall be issued after May 30, 1991, for a
location or claim in the recreation area under the mining laws
of the United States.
(2) Claims for property rights.--Notwithstanding any
statute of limitations or similar restriction otherwise
applicable, and not later than 1 year after the date of
enactment of this Act, a party claiming to have been deprived
of a property right by the enactment of paragraph (1) may file
in the United States Claims Court a claim against the United
States seeking compensation for deprivation of the property
right. The United States Claims Court shall have jurisdiction
to render judgment upon the claim in accordance with section
1491 of title 28, United States Code.
(b) Withdrawal.--Subject to valid existing rights, lands within the
recreation area are withdrawn from location under the general mining
laws and from the operation of the mineral leasing, geothermal leasing,
and mineral material disposal laws.
(c) Reclamation.--No mining activity involving any surface
disturbance of lands or waters within the recreation area (including
disturbance through subsidence) shall be permitted except in accordance
with requirements imposed by the Secretary, including requirements for
reasonable reclamation of disturbed lands to a visual and hydrological
condition as close as practicable to their premining condition.
(d) Mining Claim Validity Review.--
(1) Examination of claims.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
undertake and complete an expedited program to examine all
unpatented mining claims within the recreation area, including
those claims for which a patent application has been filed.
(2) Determination of validity.--If the Secretary determines
that the elements of a contest are present, the Secretary of
the Interior shall immediately determine the validity of the
claims. If a claim is determined to be invalid, the Secretary
shall promptly declare the claim to be null and void.
(e) Use of Mineral Materials.--The Secretary may use mineral
materials from within the recreation area for public purposes
(including the maintenance and construction of roads, trails, and
facilities) if the use is compatible with the purposes of the
recreation area.
SEC. 7. ADJOINING LANDS.
The Secretary may evaluate lands adjoining the recreation area for
possible inclusion in the recreation area and make recommendations to
Congress. Lands evaluated may include the area authorized for study by
section 5 of the Baca Location No. 1 Land Acquisition and Study Act of
1990.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
<all>