110 HR 4034 IH: Lesser Prairie Chicken National U.S. House of Representatives 2007-10-31 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.

I 110th CONGRESS 1st Session H. R. 4034 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.

1.

Short title

This Act may be cited as the Lesser Prairie Chicken National Habitat Preservation Area Act of 2007.

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.

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.

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.

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.

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.

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.