[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 698 Enrolled Bill (ENR)]

        H.R.698
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To protect Lechuguilla Cave and other resources and values in and 
adjacent to

                     Carlsbad Caverns National Park.

    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 ``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subsection (b) are hereby withdrawn from all forms of entry, 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withdrawn under subsection (a) and shall file such legal description and 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.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.