[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 313 Reported in Senate (RS)]

                                                       Calendar No. 374

103d CONGRESS

  2d Session

                                 S. 313

                          [Report No. 103-230]

_______________________________________________________________________

                                 A BILL

   To amend the San Juan Basin Wilderness Protection Act of 1984 to 
 designate additional lands as wilderness and to establish the Fossil 
         Forest Research Natural Area, and for other purposes.

_______________________________________________________________________

            February 25 (legislative day, February 22), 1994

                        Reported with amendments





                                                       Calendar No. 374
103d CONGRESS
  2d Session
                                 S. 313

                          [Report No. 103-230]

   To amend the San Juan Basin Wilderness Protection Act of 1984 to 
 designate additional lands as wilderness and to establish the Fossil 
         Forest Research Natural Area, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 4 (legislative day, January 5), 1993

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

            February 25 (legislative day, February 22), 1994

               Reported by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend the San Juan Basin Wilderness Protection Act of 1984 to 
 designate additional lands as wilderness and to establish the Fossil 
         Forest Research Natural Area, 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 ``Bisti/De-Na-Zin Wilderness Expansion 
and Fossil Forest Protection Act''.

SEC. 2. BISTI/DE-NA-ZIN WILDERNESS.

    (a) Wilderness Designation.--Section 102 of the San Juan Basin 
Wilderness Protection Act of 1984 (Public Law 98-603) is amended--
            (1) in subsection (a)--
                    (A) by striking ``wilderness, and, therefore,'' and 
                all that follows through ``System--'' and inserting 
                ``wilderness areas, and as one component of the 
                National Wilderness Preservation System, to be known as 
                the `Bisti/De-Na-Zin Wilderness'--'';
                    (B) in paragraph (1), by striking ``, and which 
                shall be known as the Bisti Wilderness; and'' and 
                inserting a semicolon;
                    (C) in paragraph (2), by striking ``, and which 
                shall be known as the De-na-zin Wilderness.'' and 
                inserting ``; and''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(3) certain lands in the Farmington District of the 
        Bureau of Land Management, New Mexico, which comprise 
        approximately 16,674 acres, as generally depicted on a map 
        entitled `Bisti/De-Na-Zin Wilderness Amendment Proposal', dated 
        May 1992.'';
            (2) in the first sentence of subsection (c), by inserting 
        after ``of this Act'' the following: ``with regard to the areas 
        described in paragraphs (1) and (2) of subsection (a), and as 
        soon as practicable after the date of enactment of subsection 
        (a)(3) with regard to the area described in subsection 
        (a)(3)'';
            (3) in subsection (d), by inserting after ``of this Act'' 
        the following: ``with regard to the areas described in 
        paragraphs (1) and (2) of subsection (a), and where established 
        prior to the date of enactment of subsection (a)(3) with regard 
        to the area described in subsection (a)(3)''; and
            (4) by adding at the end the following new subsection:
    ``(e)(1) -T-h-e -l-a-n-d-s Subject to valid existing rights, the 
lands described in subsection (a)(3) are withdrawn from all forms of 
appropriation under the mining laws and from disposition under all laws 
pertaining to mineral leasing, geothermal leasing, and mineral material 
sales.
    -`-`-(-2-) -T-o -s-a-t-i-s-f-y -v-a-l-i-d -e-x-i-s-t-i-n-g 
-r-i-g-h-t-s-, -t-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r 
-m-a-y -f-o-l-l-o-w -t-h-e -l-e-a-s-e -e-x-c-h-a-n-g-e 
-p-r-o-c-e-d-u-r-e-s -s-p-e-c-i-f-i-e-d -i-n -s-e-c-t-i-o-n-s 
-3-4-3-0-.-5 -a-n-d -3-4-3-5 -o-f -t-i-t-l-e -4-3-, -C-o-d-e -o-f 
-F-e-d-e-r-a-l -R-e-g-u-l-a-t-i-o-n-s-, -o-n -a-n-y -c-o-a-l 
-p-r-e-f-e-r-e-n-c-e -r-i-g-h-t -l-e-a-s-e -a-p-p-l-i-c-a-t-i-o-n 
-f-o-r -l-a-n-d-s -w-i-t-h-i-n -t-h-e -a-r-e-a -d-e-s-c-r-i-b-e-d -i-n 
-s-u-b-s-e-c-t-i-o-n -(-a-)-(-3-) -i-f -t-h-e -a-p-p-l-i-c-a-n-t 
-d-e-m-o-n-s-t-r-a-t-e-s -t-h-a-t -c-o-a-l -e-x-i-s-t-s -i-n 
-c-o-m-m-e-r-c-i-a-l -q-u-a-n-t-i-t-i-e-s -o-n -t-h-e -l-a-n-d-s 
-t-h-a-t -a-r-e -t-h-e -s-u-b-j-e-c-t -o-f -t-h-e 
-a-p-p-l-i-c-a-t-i-o-n-.
    ``(2) The Secretary of the Interior is authorized to issue coal 
leases in New Mexico in exchange for any preference right coal lease 
application within the area described in section 2(a)(3). Such 
exchanges shall be made in accordance with applicable existing laws and 
regulations relating to coal leases after a determination has been made 
by the Secretary that the applicant is entitled to a preference right 
lease and that the exchange is in the public interest.
    ``(3) Operations on oil and gas leases issued prior to the date of 
enactment of subsection (a)(3) shall be subject to the applicable 
provisions of Group 3100 of title 43, Code of Federal Regulations 
(including section 3162.5-1), and such other terms, stipulations, and 
conditions as the Secretary of the Interior considers necessary to 
avoid significant disturbance of the land surface or impairment of the 
ecological, educational, scientific, recreational, scenic, and other 
wilderness values of the lands described in subsection (a)(3) in 
existence on the date of enactment of subsection (a)(3).''.
    (b) Exchanges for State Lands.--Section 104 of the Act is amended--
            (1) in the first sentence of subsection (b), by inserting 
        after ``of this Act'' the following: ``with regard to the areas 
        described in paragraphs (1) and (2) of subsection (a), and not 
        later than 120 days after the date of enactment of subsection 
        (a)(3) with regard to the area described in subsection 
        (a)(3)'';
            (2) in subsection (c), by inserting before the period the 
        following: ``with regard to the areas described in paragraphs 
        (1) and (2) of subsection (a), and as of the date of enactment 
        of subsection (a)(3) with regard to the area described in 
        subsection (a)(3)''; and
            (3) in the last sentence of subsection (d), by inserting 
        before the period the following: ``with regard to the areas 
        described in paragraphs (1) and (2) of subsection (a), and not 
        later than 2 years after the date of enactment of subsection 
        (a)(3) with regard to the area described in subsection 
        (a)(3)''.
    (c) Exchanges for Indian Lands.--Section 105 of the Act is amended 
by adding at the end the following new subsection:
    ``(d)(1) The Secretary of the Interior shall exchange any lands 
held in trust for the Navajo Tribe by the Bureau of Indian Affairs that 
are within the boundary of the area described in subsection (a)(3).
    ``(2) The lands shall be -e-x-c-h-a-n-g-e-d -f-o-r -l-a-n-d-s 
exchanged for lands within New Mexico approximately equal in value that 
are selected by the Navajo Tribe.
    ``(3) After the exchange, the lands selected by the Navajo Tribe 
shall be held in trust by the Secretary of the Interior in the same 
manner as the lands described in paragraph (1).''.

SEC. 3. FOSSIL FOREST RESEARCH NATURAL AREA.

    Section 103 of the San Juan Basin Wilderness Protection Act of 1984 
(Public Law 98-603) is amended to read as follows:

``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

    ``(a) Establishment.--To conserve and protect natural values and to 
provide scientific knowledge, education, and interpretation for the 
benefit of future generations, there is established the Fossil Forest 
Research Natural Area (referred to in this section as the `Area'), 
consisting of the approximately 2,770 acres in the Farmington District 
of the Bureau of Land Management, New Mexico, as generally depicted on 
a map entitled `Fossil Forest', dated June 1983.
    ``(b) Map and Legal Description.--
            ``(1) In general.--As soon as practicable after the date of 
        enactment of this paragraph, the Secretary of the Interior 
        shall file a map and legal description of the 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 
        described in paragraph (1) shall have the same force and effect 
        as if included in this Act.
            ``(3) Technical corrections.--The Secretary of the Interior 
        may correct clerical, typographical, and cartographical errors 
        in the map and legal description subsequent to filing the map 
        pursuant to paragraph (1).
            ``(4) Public inspection.--The map and legal description 
        shall be on file and available for public inspection in the 
        Office of the Director of the Bureau of Land Management, 
        Department of the Interior.
    ``(c) Management.--
            ``(1) In general.--The Secretary of the Interior, acting 
        through the Director of the Bureau of Land Management, shall 
        manage the Area--
                    ``(A) to protect the resources within the Area; and
                    ``(B) in accordance with--
                            ``(i) this Act;
                            ``(ii) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.); and
                            ``(iii) other applicable provisions of law.
            ``(2) Mining.--
                    ``(A) Withdrawal.---T-h-e -l-a-n-d-s Subject to 
                valid existing rights, the lands within the Area are 
                withdrawn from all forms of appropriation under the 
                mining laws and from disposition under all laws 
                pertaining to mineral leasing, geothermal leasing, and 
                mineral material sales.
                    -`-`-(-B-) -C-o-a-l -p-r-e-f-e-r-e-n-c-e 
                -r-i-g-h-t-s-.---T-o -s-a-t-i-s-f-y -v-a-l-i-d 
                -e-x-i-s-t-i-n-g -r-i-g-h-t-s-, -t-h-e 
                -S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -m-a-y 
                -f-o-l-l-o-w -t-h-e -l-e-a-s-e -e-x-c-h-a-n-g-e 
                -p-r-o-c-e-d-u-r-e-s -s-p-e-c-i-f-i-e-d -i-n 
                -s-e-c-t-i-o-n-s -3-4-3-0-.-5 -a-n-d -3-4-3-5 -o-f 
                -t-i-t-l-e -4-3-, -C-o-d-e -o-f -F-e-d-e-r-a-l 
                -R-e-g-u-l-a-t-i-o-n-s-, -o-n -a-n-y -c-o-a-l 
                -p-r-e-f-e-r-e-n-c-e -r-i-g-h-t -l-e-a-s-e 
                -a-p-p-l-i-c-a-t-i-o-n -f-o-r -l-a-n-d-s -w-i-t-h-i-n 
                -t-h-e -A-r-e-a -i-f -t-h-e -a-p-p-l-i-c-a-n-t 
                -d-e-m-o-n-s-t-r-a-t-e-s -t-h-a-t -c-o-a-l -e-x-i-s-t-s 
                -i-n -c-o-m-m-e-r-c-i-a-l -q-u-a-n-t-i-t-i-e-s -o-n 
                -t-h-e -l-a-n-d-s -t-h-a-t -a-r-e -t-h-e -s-u-b-j-e-c-t 
                -o-f -t-h-e -a-p-p-l-i-c-a-t-i-o-n-.
                    ``(B) Coal preference rights.--The Secretary of the 
                Interior is authorized to issue coal leases in New 
                Mexico in exchange for any preference right coal lease 
                application within the Area. Such exchanges shall be 
                made in accordance with applicable existing laws and 
                regulations relating to coal leases after a 
                determination has been made by the Secretary that the 
                applicant is entitled to a preference right lease and 
                that the exchange is in the public interest.
                    ``(C) Oil and gas leases.--Operations on oil and 
                gas leases issued prior to the date of enactment of 
                this paragraph shall be subject to the applicable 
                provisions of Group 3100 of title 43, Code of Federal 
                Regulations (including section 3162.5-1), and such 
                other terms, stipulations, and conditions as the 
                Secretary of the Interior considers necessary to avoid 
                significant disturbance of the land surface or 
                impairment of the natural, educational, and scientific 
                research values of the Area in existence on the date of 
                enactment of this paragraph.
            ``(3) Grazing.--Livestock grazing on lands within the Area 
        may not be permitted.
    ``(d) Inventory.--Not later than 3 full fiscal years after the date 
of enactment of this subsection, the Secretary of the Interior, acting 
through the Director of the Bureau of Land Management, shall develop a 
baseline inventory of all categories -o-f -f-o-s-s-i-l 
-r-e-s-o-u-r-c-e-s of fossil resources within the Area. After the 
inventory is developed, the Secretary shall conduct monitoring surveys 
at intervals specified in the management plan developed for the Area in 
accordance with subsection (e).
    ``(e) Management Plan.--
            ``(1) In general.---N-o-t -l-a-t-e-r -t-h-a-n -t-h-e 
        -l-a-s-t -d-a-y -o-f -t-h-e -5-t-h -f-i-s-c-a-l -y-e-a-r 
        -t-h-a-t -b-e-g-i-n-s -a-f-t-e-r -t-h-e -d-a-t-e -o-f 
        -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -s-u-b-s-e-c-t-i-o-n Not later 
        than 5 years after the date of enactment of this Act, the 
        Secretary of the Interior shall develop and submit to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives 
        a management plan that describes the appropriate uses of the 
        Area consistent with this Act.
            ``(2) Contents.--The management plan shall include--
                    ``(A) a plan for the implementation of a continuing 
                cooperative program with other agencies and groups 
                for--
                            ``(i) laboratory and field interpretation; 
                        and
                            ``(ii) public education about the resources 
                        and values of the Area (including vertebrate 
                        fossils);
                    ``(B) provisions for vehicle management that are 
                consistent with the purpose of the Area and that 
                provide for the use of vehicles to the minimum extent 
                necessary to accomplish an individual scientific 
                project;
                    ``(C) procedures for the excavation and collection 
                of fossil remains, including botanical fossils, and the 
                use of motorized and mechanical equipment to the 
                minimum extent necessary to accomplish an individual 
                scientific project; and
                    ``(D) mitigation and reclamation standards for 
                activities that disturb the surface to the detriment of 
                scenic and environmental values.''.

                                 <all>