110 HR 3930 RH: Amend the title so as to read: U.S. House of Representatives 2007-10-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB Union Calendar No. 394 110th CONGRESS 2d Session H. R. 3930 [Report No. 110–632] 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.
1.
Short title
This Act may be cited as the Lesser Prairie Chicken National Habitat Preservation Area Act of 2008.
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.
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.
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.
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.
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.. 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