[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 698 Reported in House (RH)]

                                                  Union Calendar No. 41

103d CONGRESS

  1st Session

                               H. R. 698

                          [Report No. 103-86]

_______________________________________________________________________

                                 A BILL

   To protect Lechuguilla Cave and other resources and values in and 
              adjacent to Carlsbad Caverns National Park.

_______________________________________________________________________

                              May 11, 1993

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 41
103d CONGRESS
  1st Session
                                H. R. 698

                          [Report No. 103-86]

   To protect Lechuguilla Cave and other resources and values in and 
              adjacent to Carlsbad Caverns National Park.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 1993

  Mr. Vento introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                              May 11, 1993

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                               27, 1993]

_______________________________________________________________________

                                 A BILL


 
   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, FINDING, AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Lechuguilla Cave 
Protection Act of 1993''.
    (b) Finding.--Congress finds and declares that Lechuguilla Cave and 
other significant cave resources of Carlsbad Caverns National Park and 
adjacent public lands in the cave protection area 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 those values.
    (c) Definitions.--As used in this Act--
            (1) the term ``the Secretary'' means the Secretary of the 
        Interior.
            (2) the term ``cave protection area'' means the lands 
        within the area depicted on the map referred to in section 
        2(b).
            (3) except as otherwise specified in this Act, all other 
        terms, including the term ``public lands,'' shall have the same 
        meaning as such terms have in the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.).

SEC. 2. LAND WITHDRAWAL.

    (a) Withdrawal.--Subject to valid existing rights, the 
approximately 6,280 acres of public lands within the cave protection 
area, and all other lands within the boundaries of the cave protection 
area which may hereafter become subject to the operation of the public 
land laws, are hereby withdrawn from all forms of appropriation or 
disposal under the public land laws (including the mining and material 
disposal laws) and from the operation of the mineral leasing and 
geothermal leasing laws.
    (b) Land Description.--The lands referred to in subsection (a) are 
the lands generally depicted on the map entitled ``Lechuguilla Cave 
Protection Area'' dated April 1993 and filed in accordance with 
subsection (c).
    (c) Publication, Filing, Correction, and Inspection.--
            (1) As soon as possible after the date of enactment of this 
        Act, the Secretary shall publish in the Federal Register a 
        notice containing the legal description of the lands withdrawn 
        by subsection (a) and shall file such legal description and a 
        detailed map of the lands referred to in such subsection with 
        the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate.
            (2) The map and legal description referred to in paragraph 
        (1) shall have the same force and effect as if included in this 
        Act except that the Secretary may correct clerical and 
        typographical errors in such map and legal description.
            (3) Copies of the map and legal description referred to in 
        subsection (b) shall be available for public inspection in the 
        offices of the Director and appropriate State Director of the 
        Bureau of Land Management.
    (d) Management.--The public lands withdrawn by this section shall 
be managed by the Secretary, through the Director of the Bureau of Land 
Management, pursuant to the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 17901 et seq.) and other applicable law, including this 
Act.

SEC. 3. MANAGEMENT OF EXISTING LEASES.

    (a) Suspension of New Drilling.--(1)(A) Effective on the date of 
enactment of this Act, the Secretary shall not permit any new drilling 
on or involving any valid mineral or geothermal leases within the lands 
withdrawn by section 2.
    (B) If the Secretary deems it appropriate in order to prevent an 
adverse impact on Lechuguilla Cave or other significant cave resources 
of Carlsbad Caverns National Park and the lands within the cave 
protection area, the Secretary shall require suspension of any other 
activities with respect to such leases.
    (2) The prohibition on new drilling imposed by paragraph (1) shall 
remain in effect until the effective date of a record of decision 
regarding the proposal to drill analyzed in the Dark Canyon 
Environmental Impact Statement, or for 12 months after the date of 
enactment of this Act, whichever first occurs. Nothing in this 
subsection shall be construed as requiring the Secretary to permit or 
prohibit new drilling after such period.
    (b) Negotiations.--(1) During the period specified in subsection 
(a)(2), the Secretary shall seek the agreement of the holders of 
existing valid mineral or geothermal leases on the public lands 
withdrawn by section 2(a) for the termination of such leases or to such 
restrictions on activities on lands covered by such leases as the 
Secretary deems appropriate to protect Lechuguilla Cave and the other 
significant cave resources of Carlsbad Caverns National Park and the 
lands within the cave protection area.
    (2)(A) With respect to any lease for which no agreement of the type 
described in paragraph (1) of this subsection has been reached at the 
end of the period specified in subsection (a)(2), the Secretary shall 
take such steps as the Secretary deems appropriate in order to protect 
Lechuguilla Cave and the other significant cave resources of Carlsbad 
Caverns National Park and the lands within the cave protection area.
    (B) The steps referred to in subparagraph (A) may include 
acquisition of the lands covered by such leases or any interests 
therein. In the event of such acquisition, any lands or interests 
therein so acquired shall be managed pursuant to the Federal Land 
Policy and Management Act of 1976 and other applicable law, including 
this Act.
    (3) To the extent the Secretary deems desirable, the Secretary 
shall seek the cooperation of the State of New Mexico and any other 
parties owning lands within the cave protection area with respect to 
such restrictions on the use of relevant lands owned by such parties as 
the Secretary may suggest in order to further the protection of 
Lechuguilla Cave and the other significant cave resources of Carlsbad 
Caverns National Park and the lands within the cave protection area.

SEC. 4. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.

    (a) Additional Protection.--(1) If on the basis of scientific 
analysis found by the Secretary to be relevant and credible, the 
Secretary deems it appropriate to take additional steps to protect 
Lechuguilla Cave or the other significant cave resources of Carlsbad 
Caverns National Park and the lands within the cave protection area, 
the Secretary, pursuant to the authority of the Federal Land Policy and 
Management Act of 1976 or other applicable law, shall take such steps.
    (2) To the extent the Secretary finds appropriate in order to 
protect Lechuguilla Cave and the other significant cave resources of 
Carlsbad Caverns National Park or the lands within the cave protection 
area, the Secretary 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 except as the Secretary may 
permit for scientific purposes.
    (3) If the Secretary determines that existing law, including this 
Act, provides the Secretary insufficient authority to take any step the 
Secretary deems desirable in order to protect Lechuguilla Cave or other 
significant cave resources of Carlsbad Caverns National Park or the 
lands within the cave protection area, the Secretary shall inform the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate concerning the 
additional authority the Secretary believes desirable.
    (b) 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.