[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 643 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 643

  To establish the Jemez National Recreation Area in the State of New 
                    Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 24 (legislative day, March 3), 1993

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

_______________________________________________________________________

                                 A BILL


 
  To establish the Jemez National Recreation 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 ``Jemez National Recreation Area 
Establishment Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Recreation area.--The term ``recreation area'' means 
        the Jemez National Recreation Area established by this Act.
            (2) Secretary.--Except as otherwise provided in this Act, 
        the term ``Secretary'' means the Secretary of Agriculture.

SEC. 3. ESTABLISHMENT OF JEMEZ NATIONAL RECREATION AREA.

    (a) In General.--To conserve, protect, and restore the 
recreational, ecological, cultural, religious, and wildlife resource 
values of the Jemez Mountains, there is established the Jemez National 
Recreation Area, to be administered by the Secretary.
    (b) Area Included.--
            (1) In general.--The recreation area shall be comprised of 
        approximately 57,000 acres of land and interests in land within 
        the Santa Fe National Forest, as generally depicted on the map 
        entitled ``Jemez National Recreation Area--Proposed'' and dated 
        September 1992.
            (2) Minor revisions.--The Secretary may from time to time 
        and in consultation with local tribal leaders make minor 
        revisions in the boundary of the recreation area to promote 
        management effectiveness and efficiency in furtherance of this 
        Act.
    (c) Map and Description.--
            (1) Filing.--As soon as is practicable after the date of 
        enactment of this Act, the Secretary shall file a map and legal 
        description of the recreation 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 shall 
        have the same force and effect as if included in this Act, 
        except that the Secretary may correct clerical and 
        typographical errors in the map and legal description.
            (3) Public inspection.--The map and legal description shall 
        be on file and available for public inspection in the Office of 
        the Chief of the Forest Service of the Department of 
        Agriculture.

SEC. 4. ADMINISTRATION.

    (a) In General.--
            (1) In general.--The Secretary shall administer the 
        recreation area--
                    (A) in accordance with this Act and the laws 
                applicable to lands within the National Forest System; 
                and
                    (B) in a manner that will further the purposes of 
                the recreation area.
            (2) Management.--Management of the natural resources within 
        the recreation area shall be permitted only to the extent that 
        the management is compatible with and does not impair the 
        purposes for which the recreation area is established.
            (3) Recreational activities.--Permissible recreational 
        activities within the recreation area shall include hiking, 
        camping, hunting, fishing, skiing, backpacking, rock climbing, 
        and swimming.
    (b) Management Plan.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall develop a management 
        plan for the recreation area as an amendment to the Santa Fe 
        National Forest Land and Resource Management Plan. The 
        management plan shall--
                    (A) reflect the establishment of the recreation 
                area, including newly designated land within the 
                recreation area and adjacent National Forest land; and
                    (B) conform to the requirements of this Act.
            (2) Congressional intent.--Nothing in this Act is intended 
        to require the Secretary to revise the Santa Fe Forest Land and 
        Resource Management Plan pursuant to section 6 of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604).
    (c) Cultural Resources.--In administering the recreation area, the 
Secretary shall give particular emphasis to the preservation, 
stabilization, and protection of cultural resources located within the 
recreation area in furtherance of the Archaeological Resources 
Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National 
Historic Preservation Act (16 U.S.C. 470 et seq.).
    (d) Native Americans.--
            (1) Protection of sites.--
                    (A) In general.--In recognition of the past use of 
                portions of the recreation area by Indian peoples for 
                traditional cultural and religious purposes, the 
                Secretary shall protect Indian religious and cultural 
                sites and provide occasional access to those sites by 
                Indian peoples for traditional cultural and religious 
                purposes. The access shall be consistent with the 
                purpose and intent of Public Law 95-341 (42 U.S.C. 
                1991) (commonly known as the ``American Indian 
                Religious Freedom Act'').
                    (B) Temporary closings.--In accordance with such 
                joint resolution and upon request of an Indian tribe or 
                pueblo, the Secretary may from time to time temporarily 
                close to general public use one or more specific 
                portions of the recreation area to protect the privacy 
                of religious activities and cultural uses by Indian 
                peoples. Any closure shall be made so as to affect the 
                smallest practicable area for the minimum period 
                necessary.
            (2) Consultation with native americans.--In preparing and 
        implementing management plans for the recreation area, the 
        Secretary shall request that the Governor of the Pueblo of 
        Jemez and the chief executive officers of other appropriate 
        Indian tribes and pueblos make recommendations on methods of--
                    (A) ensuring access to cultural and religious 
                sites;
                    (B) enhancing the privacy and continuity of 
                traditional cultural and religious activities in the 
                recreation area; and
                    (C) protecting traditional cultural and religious 
                sites in the recreation area.
    (e) Wildlife Resources.--In administering the recreation area, the 
Secretary shall--
            (1) give particular emphasis to the conservation and 
        protection of wildlife resources within the recreation area 
        (including species listed as sensitive by the Forest Service); 
        and
            (2) comply with applicable Federal and State laws relating 
        to wildlife, including the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
    (f) Hunting.--
            (1) In general.--Within the recreation area, and subject to 
        paragraph (2), the Secretary shall permit hunting and fishing 
        on lands and waters under the jurisdiction of the Secretary in 
        accordance with applicable Federal and State law.
            (2) Limitation.--
                    (A) In general.--The Secretary may designate zones 
                where, and establish periods when, hunting and fishing 
                shall not be permitted for reasons of public safety, 
                administration, fish and wildlife management, or public 
                use and enjoyment.
                    (B) Consultation.--Except in emergencies, 
                designation by the Secretary under this paragraph shall 
                take effect only after consultation with the 
                appropriate State agencies responsible for hunting and 
                fishing activities.
    (g) Timber Harvesting.--
            (1) In general.--The Secretary may permit timber harvesting 
        in the recreation area for commercial purposes (including 
        vigas, latillas, and the gathering of fuelwood) and for 
        purposes of public safety, recreation, wildlife, and 
        administration, to the extent that the harvesting is compatible 
        with the purposes of the recreation area.
            (2) Damaged timber.--Trees that are damaged or downed as a 
        result of fire, disease, or insect infestation may be utilized, 
        salvaged, or removed from the recreation area as authorized by 
        the Secretary in accordance with the purposes of this Act.
            (3) Timber sales under contract.--Nothing in this Act is 
        intended to affect timber sales under contract on the date of 
        enactment of this Act.
            (4) Los griegos timber sale.--
                    (A) In general.--Except as provided in subparagraph 
                (B), nothing in this Act is intended to affect the Los 
                Griegos timber sale in the Los Griegos Diversity Unit 
                number 0322, as shown on the West Half Diversity Unit 
                map of the Santa Fe National Forest dated November 
                1991.
                    (B) Exception.--The Secretary shall manage the sale 
                using uneven aged management, including the individual 
                tree selection method.
    (h) Grazing.--The Secretary may permit grazing within the 
recreation area in accordance with regulations prescribed by the 
Secretary. Riparian areas shall be managed in such a manner as to 
protect their important resource values.
    (i) Transportation Plan.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall prepare a 
        transportation plan that provides for the most efficient use of 
        roads and trails in existence on the date of enactment of this 
        Act to accomplish the purposes of this Act. The plan shall 
        provide for a comprehensive trails system that permits 
        dispersed recreation while minimizing the impact on significant 
        archaeological and religious sites.
            (2) Roads.--The Secretary shall construct, maintain, and 
        close roads within the recreation area only in accordance with 
        the plan prepared pursuant to paragraph (1).
    (j) Recreational Facilities.--The Secretary shall provide for 
recreational facilities within the recreation area. The facilities 
shall be constructed so as to minimize impacts on scenic beauty and the 
natural character of the recreation area.
    (k) Visitor Facilities.--The Secretary shall establish a visitor 
center and interpretive facilities in or near the recreation area to 
provide for education relating to the interpretation of the cultural 
and natural resources of the recreation area.
    (l) Power Transmission Lines.--In accordance with Federal and State 
law, the Secretary may permit a utility corridor for high power 
electric transmission lines if the Secretary determines that--
            (1) there is not a feasible alternative for the location of 
        the corridor;
            (2) damage to the recreational and scenic quality of the 
        recreation area will not be significant;
            (3) it is in the public interest that the corridor be 
        located in the recreation area; and
            (4) a plan to minimize harm to the resources of the 
        recreation area has been developed.
    (m) Scientific Investigations.--The Secretary may permit scientific 
investigations within the recreation area if the Secretary determines 
that the investigations are in the public interest and are compatible 
with this Act.

SEC. 5. ACQUISITION OF LAND.

    (a) State Land.--Land and interests in land within the boundaries 
of the recreation area that are owned by the State of New Mexico, or a 
political subdivision of New Mexico, may be acquired only by donation 
or exchange.
    (b) Offers to Sell.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may acquire land and interests in land within the boundaries of 
        the recreation area by donation, purchase with donated or 
        appropriated funds, or exchange.
            (2) Limitation.--No land or interest in land may be added 
        to the recreation area after the date of enactment of this Act 
        without specific authorization by Congress and the consent of 
        the owner of the land or interest in land.

SEC. 6. MINERALS AND MINING.

    (a) Limitation on Patent Issuance.--
            (1) In general.--Notwithstanding any other provision of 
        law, no patents shall be issued after May 30, 1991, for a 
        location or claim in the recreation area under the mining laws 
        of the United States.
            (2) Claims for property rights.--Notwithstanding any 
        statute of limitations or similar restriction otherwise 
        applicable, and not later than 1 year after the date of 
        enactment of this Act, a party claiming to have been deprived 
        of a property right by the enactment of paragraph (1) may file 
        in the United States Claims Court a claim against the United 
        States seeking compensation for deprivation of the property 
        right. The United States Claims Court shall have jurisdiction 
        to render judgment upon the claim in accordance with section 
        1491 of title 28, United States Code.
    (b) Withdrawal.--Subject to valid existing rights, lands within the 
recreation area are withdrawn from location under the general mining 
laws and from the operation of the mineral leasing, geothermal leasing, 
and mineral material disposal laws.
    (c) Reclamation.--No mining activity involving any surface 
disturbance of lands or waters within the recreation area (including 
disturbance through subsidence) shall be permitted except in accordance 
with requirements imposed by the Secretary, including requirements for 
reasonable reclamation of disturbed lands to a visual and hydrological 
condition as close as practicable to their premining condition.
    (d) Mining Claim Validity Review.--
            (1) Examination of claims.--Not later than 3 years after 
        the date of enactment of this Act, the Secretary shall 
        undertake and complete an expedited program to examine all 
        unpatented mining claims within the recreation area, including 
        those claims for which a patent application has been filed.
            (2) Determination of validity.--If the Secretary determines 
        that the elements of a contest are present, the Secretary of 
        the Interior shall immediately determine the validity of the 
        claims. If a claim is determined to be invalid, the Secretary 
        shall promptly declare the claim to be null and void.
    (e) Use of Mineral Materials.--The Secretary may use mineral 
materials from within the recreation area for public purposes 
(including the maintenance and construction of roads, trails, and 
facilities) if the use is compatible with the purposes of the 
recreation area.

SEC. 7. ADJOINING LANDS.

    The Secretary may evaluate lands adjoining the recreation area for 
possible inclusion in the recreation area and make recommendations to 
Congress. Lands evaluated may include the area authorized for study by 
section 5 of the Baca Location No. 1 Land Acquisition and Study Act of 
1990.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

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