[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 698 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  1st Session

                               H. R. 698

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                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                       November 19 (legislative day, November 2), 1993.
      Resolved, That the bill from the House of Representatives (H.R. 
698) entitled ``An Act to protect Lechuguilla Cave and other resources 
and values in and adjacent to Carlsbad Caverns National Park'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lechuguilla Cave Protection Act of 
1993''.

SEC. 2. FINDING.

    Congress finds that Lechuguilla Cave and adjacent public lands have 
internationally significant scientific, environmental, and other 
values, and should be retained in public ownership and protected 
against adverse effects of mineral exploration and development and 
other activities presenting threats to the areas.

SEC. 3. LAND WITHDRAWAL.

    (a) Withdrawal.--Subject to valid existing rights, all Federal 
lands within the boundaries of the cave protection area described in 
subsection (b) are hereby withdrawn from all forms of entry, 
appropriation, or disposal under the public land laws; from location, 
entry, and patent under the United States mining laws; and from 
disposition under all laws pertaining to mineral and geothermal 
leasing, and all amendments thereto.
    (b) Land Description.--The cave protection area referred to in 
subsection (a) shall consist of approximately 6,280 acres of lands in 
New Mexico as generally depicted on the map entitled ``Lechuguilla Cave 
Protection Area'' numbered 130/80,055 and dated April 1993.
    (c) Publication, Filing, Correction, and Inspection.--(1) As soon 
as practicable after the date of enactment of this Act, the Secretary 
of the Interior (hereinafter referred to as the ``Secretary'') shall 
publish in the Federal Register the legal description of the lands 
withdrawn under subsection (a) and shall file such legal description 
and a detailed map with the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Natural Resources of 
the United States House of Representatives.
    (2) Such 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.
    (3) Copies of such map and legal description shall be available for 
inspection in the appropriate offices of the Bureau of Land Management.

SEC. 4. MANAGEMENT OF EXISTING LEASES.

    (a) Suspension.--The Secretary shall not permit any new drilling on 
or involving any Federal mineral or geothermal lease within the cave 
protection area referred to in section 3(a) until the effective date of 
the Record of Decision for the Dark Canyon Environmental Impact 
Statement, or for 12 months after the date of enactment of this Act, 
whichever occurs first.
    (b) Authority To Cancel Existing Mineral or Geothermal Leases.--
Upon the effective date of the Record of Decision for the Dark Canyon 
Environmental Impact Statement and in order to protect Lechuguilla Cave 
or other cave resources, the Secretary is authorized to--
            (1) cancel any Federal mineral or geothermal lease in the 
        cave protection area referred to in section 3(a); or
            (2) enter into negotiations with the holder of a Federal 
        mineral or geothermal lease in the cave protection area 
        referred to in section 3(a) to determine appropriate 
        compensation, if any, for the complete or partial termination 
        of such lease.

SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.

    (a) In General.--In order to protect Lechuguilla Cave or Federal 
lands within the cave protection area, the Secretary, subject to valid 
existing rights, may limit or prohibit access to or across lands owned 
by the United States or prohibit the removal from such lands of any 
mineral, geological, or cave resources: Provided, That existing access 
to private lands within the cave protection area shall not be affected 
by this subsection.
    (b) No Effect on Pipelines.--Nothing in this title shall have the 
effect of terminating any validly issued right-of-way, or customary 
operation, maintenance, repair, and replacement activities in such 
right-of-way; prohibiting the upgrading of and construction on existing 
facilities in such right-of-way for the purpose of increasing capacity 
of the existing pipeline; or prohibiting the renewal of such right-of-
way within the cave protection area referred to in section 3(a).
    (c) Relation to Other Laws.--Nothing in this Act shall be construed 
as increasing or diminishing the ability of any party to seek 
compensation pursuant to other applicable law, including but not 
limited to the Tucker Act (28 U.S.C. 1491), or as precluding any 
defenses or claims otherwise available to the United States in 
connection with any action seeking such compensation from the United 
States.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is hereby authorized to be appropriated such sums as may be 
necessary to carry out this Act: Provided, That no funds shall be made 
available except to the extent, or in such amounts as are provided in 
advance in appropriation Acts.

            Attest:






                                                             Secretary.