[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4034 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4034

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 2007

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

_______________________________________________________________________

                                 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.

    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 2007''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Sand Ranch Preservation Area is one of the best 
        strongholds of the Lesser Prairie Chicken and possibly the most 
        accessible place for the public to view them.
            (2) The Preservation Area is also inhabited by the Sand 
        Dune Lizard, which is found nowhere else in the world except in 
        the sand dune blowout-shinnery oak habitat of southeast New 
        Mexico and adjacent areas of Texas.
            (3) Both the Lesser Prairie Chicken and the Sand Dune 
        Lizard are species of concern which will only benefit from 
        additional conservation. Such conservation will be achieved 
        through the establishment of the Sand Ranch Preservation Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) State land.--The term ``State land'' means the land 
        administered by the Secretary, acting through the State, 
        consisting of approximately 5,018 acres, 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 October 17, 2007.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 14,048 acres of State land, 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. 4. LAND EXCHANGE.

    (a) In General.--The Secretary shall 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 non-
Federal 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 non-Federal 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).
    (e) No Amendment to Management Plan Required.--The exchange of 
Federal land and non-Federal 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. 5. 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 39,462 acres of public land in the County, including 
those lands acquired under section 4, 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. 6. 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 (including lease 
rights) and historic rights of access, all Federal land 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.
            (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, and obtain the approval 
                of, 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) No Buffer Zones.--
            (1) In general.--There shall be no protective perimeter or 
        buffer zone around the Preservation Area.
            (2) Activities outside preservation area.--The fact than 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 non-Federal 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 by 
        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.
    (i) Water Rights.--Nothing in this Act constitutes an express or 
implied reservation of any water right.

SEC. 7. 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.
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