[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3930 Reported in House (RH)]






                                                 Union Calendar No. 394
110th CONGRESS
  2d Session
                                H. R. 3930

                          [Report No. 110-632]

To provide for a land exchange involving State land and Bureau of Land 
  Management land in Chavez and Dona Ana Counties, New Mexico, and to 
  establish the Lesser Prairie Chicken National Habitat Preservation 
                     Area, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2007

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

                              May 13, 2008

Reported with amendments, 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 October 
                               23, 2007]

_______________________________________________________________________

                                 A BILL


 
To provide for a land exchange involving State land and Bureau of Land 
  Management land in Chavez and Dona Ana Counties, New Mexico, and to 
  establish the Lesser Prairie Chicken National Habitat Preservation 
                     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 ``Lesser Prairie Chicken National 
Habitat Preservation Area Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) State land.--The term ``State land'' means the 
        approximately 13,236 acres of State land, as depicted on the 
        map.
            (2) Map.--The term ``map'' means the map titled ``Lesser 
        Prairie Chicken National Habitat Preservation Area and Land 
        Exchange'' and dated April 30, 2008.
            (3) Federal land.--The term ``Federal land'' means the land 
        administered by the Secretary consisting of approximately 7,718 
        acres as depicted on the map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of New 
        Mexico.
            (6) County.--The term ``County'' means the County of 
        Chaves.
            (7) Preservation area.--The term ``Preservation Area'' 
        means the Lesser Prairie Chicken National Habitat Preservation 
        Area.

SEC. 3. LAND EXCHANGE.

    (a) In General.--The Secretary may convey to the State all right, 
title, and interest of the United States in and to the Federal land.
    (b) Consideration.--As consideration for the conveyance of the 
Federal land under subsection (a), the State shall convey to the United 
States all right, title, and interest of the State in and to the State 
land.
    (c) Interests Included in Exchange.--Subject to valid existing 
rights, the land exchange under this Act shall include the conveyance 
of all surface, subsurface, mineral, and water rights to the Federal 
land and State land.
    (d) Compliance With Federal Land Policy and Management Act.--The 
Secretary shall carry out the land exchange under this Act in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) and other applicable laws.
    (e) No Amendment to Management Plan Required.--The exchange of 
Federal land and State land shall not require an amendment to the 
Mimbres Resource Management Plan.
    (f) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions for the land exchange as the 
Secretary considers to be appropriate to protect the interests of the 
United States.

SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA.

    (a) Establishment; Purposes.--There is established in the County 
the Lesser Prairie Chicken National Habitat Preservation Area to 
protect, conserve, and enhance habitat for the Lesser Prairie Chicken.
    (b) Boundaries.--The Preservation Area shall consist of 
approximately 28,168 acres of public land and 9,402 acres of land 
acquired under section 3 of this Act, as generally depicted on the map.
    (c) Maps and Legal Description.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary shall submit to 
        Congress a map and legal description of the Preservation Area.
            (2) Force and effect.--The map and legal description 
        submitted under 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 the map and 
        legal description.
            (3) Public availability.--Copies of the map and legal 
        description submitted under paragraph (1) shall be on file and 
        available for public inspection in--
                    (A) the Office of the Director of the Bureau of 
                Land Management;
                    (B) the Office of the State Director;
                    (C) the Office of the Pecos District Manager of the 
                Bureau of Land Management; and
                    (D) the Office of the County Clerk in Roswell, New 
                Mexico.

SEC. 5. MANAGEMENT OF THE PRESERVATION AREA.

    (a) In General.--The Secretary shall manage the Preservation Area--
            (1) in a manner that protects, conserves, and enhances the 
        habitat for the Lesser Prairie Chicken; and
            (2) in accordance with--
                    (A) this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (C) any other applicable laws.
    (b) Uses.--
            (1) In general.--The Secretary shall allow only uses of the 
        Preservation Area that the Secretary determines will further 
        the purposes for which the Preservation Area is established.
            (2) Use of motorized vehicles.--Except as needed for 
        administrative purposes or to respond to an emergency, the use 
        of motorized vehicles or mechanized transport in the 
        Preservation Area shall be allowed only on roads and trails 
        designated for vehicular use under the management plan so long 
        as such use is in conformance with the purposes of this Act.
    (c) Withdrawals.--Subject to valid existing rights, all land 
managed by the Bureau of Land Management within the Preservation Area 
and any land and interests in land acquired for the Preservation Area 
by the United States after the date of the enactment of this Act are 
withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposal under the mineral leasing, mineral materials, 
        and geothermal leasing laws.
    (d) Hunting and Trapping.--
            (1) In general.--Subject to paragraph (2), hunting and 
        trapping shall be allowed in the Preservation Area to the 
        extent consistent with the protection and conservation of the 
        Lesser Prairie Chicken.
            (2) Limitations.--
                    (A) Regulations.--The Secretary may designate by 
                regulation areas in which, and establish periods during 
                which, for reasons of public safety, administration, or 
                compliance with applicable laws, no hunting or trapping 
                will be permitted in the Preservation Area.
                    (B) Consultation.--Except in emergencies, the 
                Secretary shall consult with the appropriate State 
                agency before promulgating regulations under 
                subparagraph (A) that close a portion of the 
                Preservation Area to hunting and trapping.
    (e) Grazing.--The Secretary may allow grazing solely for the 
purpose of vegetative management to enhance Lesser Prairie Chicken 
habitat.
    (f) Activities Outside Preservation Area.--The fact that an 
activity or use of land is not permitted on land within the 
Preservation Area shall not preclude the activity or use outside the 
boundary of the Preservation Area or on private land within the 
Preservation Area, consistent with other applicable law.
    (g) Acquisition of Land.--
            (1) In general.--The Secretary may acquire land in the 
        Preservation Area only--
                    (A) from a willing seller; and
                    (B) through purchase, exchange, or donation.
            (2) Management.--Land acquired under paragraph (1) shall be 
        managed as part of the Preservation Area in accordance with 
        this Act.
    (h) Interpretative Sites.--The Secretary may establish sites in the 
Preservation Area to permit the interpretation of the historical, 
cultural, scientific, archaeological, natural, and education resources 
of the Preservation Area.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall develop a comprehensive plan 
for the long-range protection and management of the Preservation Area.
    (b) Contents.--The management plan shall--
            (1) describe the appropriate uses and management of the 
        Preservation Area in accordance with--
                    (A) this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (C) other applicable laws;
            (2) incorporate, as appropriate, decisions in any other 
        management or activity plan for the land within or adjacent to 
        the Preservation Area; and
            (3) take into consideration--
                    (A) any information developed in studies of the 
                land within or adjacent to the Preservation Area; and
                    (B) the historical involvement of the local 
                community in the interpretation and protection of the 
                resources of the Preservation Area.
            Amend the title so as to read: ``A bill to provide for a 
        land exchange involving State land and Bureau of Land 
        Management land in Chaves and Dona Ana Counties, New Mexico, 
        and to establish the Lesser Prairie Chicken National Habitat 
        Preservation Area, and for other purposes.''.
                                                 Union Calendar No. 394

110th CONGRESS

  2d Session

                               H. R. 3930

                          [Report No. 110-632]

_______________________________________________________________________

                                 A BILL

To provide for a land exchange involving State land and Bureau of Land 
  Management land in Chavez and Dona Ana Counties, New Mexico, and to 
  establish the Lesser Prairie Chicken National Habitat Preservation 
                     Area, and for other purposes.

_______________________________________________________________________

                              May 13, 2008

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