[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 560 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 560
To establish the Rio Grande del Norte National Conservation Area in the
State of New Mexico, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2013
Mr. Ben Ray Lujan of New Mexico introduced the following bill; which
was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Rio Grande del Norte National Conservation 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 ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed or nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, traditional, archaeological,
natural, ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts, firewood, medicinal
plants and herbs.--Nothing in this section precludes
the traditional collection of firewood, medicinal
plants and herbs, and pinon nuts in the Conservation
Area for noncommercial personal use--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use one or more specific
areas of the Conservation Area in order to
protect traditional cultural and customary uses
in those areas by members of the Indian tribe
or the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
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