[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6300 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6300

  To establish special preservation areas and rangeland preservation 
     areas in Dona Ana County, New Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2008

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

_______________________________________________________________________

                                 A BILL


 
  To establish special preservation areas and rangeland preservation 
     areas in Dona Ana County, 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.

    (a) Short Title.--This Act may be cited as the ``Dona Ana County 
Planned Growth, Open Space, and Rangeland Preservation Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
                  TITLE I--SPECIAL PRESERVATION AREAS

Sec. 101. Establishment of special preservation areas.
Sec. 102. Management of special preservation areas.
                 TITLE II--RANGELAND PRESERVATION AREAS

Sec. 201. Establishment of rangeland preservation areas.
Sec. 202. Management of rangeland preservation areas.
Sec. 203. Management plan.
Sec. 204. Release of wilderness study areas.
                       TITLE III--LAND EXCHANGES

Sec. 301. Purpose.
Sec. 302. New Mexico State University land exchange.
        TITLE IV--DISPOSAL OF FEDERAL LAND FOR COMMUNITY GROWTH

Sec. 401. Disposal.
Sec. 402. Disposition of proceeds.
Sec. 403. Advisory board.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Board.--The term ``Board'' means the Dona Ana County 
        Land Disposal Advisory Board established under section 403.
            (2) Center.--The term ``Center'' means the Chihuahuan 
        Desert Rangeland Research Center of New Mexico State 
        University.
            (3) City.--The term ``City'' means the city of Las Cruces, 
        New Mexico.
            (4) County.--The term ``County'' means Dona Ana County, New 
        Mexico.
            (5) Federal estate.--The term ``Federal estate'' means the 
        reserved Federal mineral estate underlying approximately 56,000 
        acres of land within the Center that is identified on the map 
        as ``Transfer Mineral Ownership to NMSU''.
            (6) Management plan.--The term ``management plan'' means 
        the plan developed under section 203(a).
            (7) Map.--The term ``map'' means the map titled ``Dona Ana 
        County Planned Growth, Open Space and Rangeland Preservation 
        Proposal'' and dated April 4, 2008.
            (8) Rangeland preservation area.--The term ``rangeland 
        preservation area'' means the rangeland preservation areas 
        established by section 201(a).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.
            (10) Special account.--The term ``special account'' means 
        the special account established under section 402.
            (11) Special preservation areas.--The term ``special 
        preservation areas'' means the special preservation areas 
        designated under section 101(a).
            (12) State director.--The term ``State Director'' means the 
        New Mexico State Director of the Bureau of Land Management.
            (13) State.--The term ``State'' means the State of New 
        Mexico.
            (14) University.--The term ``University'' means New Mexico 
        State University.
            (15) University land.--The term ``University land'' means 
        the approximately 7,800 acres of land of the University that is 
        identified on the map as ``Transfer Surface Ownership to BLM''.

                  TITLE I--SPECIAL PRESERVATION AREAS

SEC. 101. ESTABLISHMENT OF SPECIAL PRESERVATION AREAS.

    (a) In General.--The following parcels of land in the County are 
designated as special preservation areas:
            (1) Dona ana mountains special preservation area.--Certain 
        Federal land managed by the Bureau of Land Management, 
        comprising approximately 15,989 acres as generally depicted on 
        the map, which shall be known as the Dona Ana Mountains Special 
        Preservation Area.
            (2) Picacho peak special preservation area.--Certain 
        Federal land managed by the Bureau of Land Management, 
        comprising approximately 1,885 acres as generally depicted on 
        the map, which shall be known as the Picacho Peak Special 
        Preservation Area.
    (b) Map and Legal Descriptions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        map and legal descriptions of the special preservation areas.
            (2) Force and effect.--The map and legal descriptions 
        submitted under paragraph (1) shall have the same force and 
        effect as if included in this title, except that the Secretary 
        may correct clerical and typographical errors in the map and 
        legal descriptions.
            (3) Public availability.--Copies of the map and legal 
        descriptions 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 Las Cruces District Manager 
                of the Bureau of Land Management; and
                    (D) the Office of the County Clerk of Dona Ana 
                County, New Mexico.
    (c) Withdrawals.--Subject to valid existing rights (including lease 
rights), all Federal land within the special preservation areas and any 
land and interests in land acquired for the special preservation areas 
by the United States after the date of 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) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.

SEC. 102. MANAGEMENT OF SPECIAL PRESERVATION AREAS.

    (a) In General.--The Secretary shall manage the special 
preservation areas--
            (1) in a manner that--
                    (A) conserves, protects, and improves the 
                resources, including grazing land and wildlife habitat, 
                of the special preservation areas;
                    (B) maintains and preserves the open spaces of 
                Federal lands within the special preservation areas; 
                and
            (2) in accordance with--
                    (A) this title;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 170 et seq.); and
                    (C) any other applicable laws.
    (b) No Buffer Zones.--
            (1) In general.--There shall be no buffer zone around any 
        of the special preservation areas.
            (2) Activities outside the special preservation areas.--The 
        fact that an activity or use of land is not permitted on land 
        within a special preservation area shall not preclude the 
        activity or use outside the boundary of the special 
        preservation area or on private or State land within the 
        special preservation area, consistent with other applicable 
        laws.
    (c) Acquisition of Land.--
            (1) In general.--The Secretary may acquire non-Federal land 
        in a special preservation area only--
                    (A) from a State, a local government, or a non-
                profit organization; and
                    (B) through purchase, exchange, or donation.
            (2) Management.--Land acquired under paragraph (1) shall be 
        managed as part of a special preservation area in accordance 
        with this title.

                 TITLE II--RANGELAND PRESERVATION AREAS

SEC. 201. ESTABLISHMENT OF RANGELAND PRESERVATION AREAS.

    (a) In General.--The following parcels of land in the County are 
designated as rangeland preservation areas:
            (1) Organ mountains rangeland preservation area.--Certain 
        Federal land managed by the Bureau of Land Management, 
        comprising approximately 77,059 acres as generally depicted on 
        the map, which shall be known as the Organ Mountains Rangeland 
        Preservation Area.
            (2) Las uvas mountains watershed and rangeland preservation 
        area.--Certain Federal lands managed by the Bureau of Land 
        Management, comprising approximately 11,067 acres as generally 
        depicted on the map, which shall be known as the Las Uvas 
        Mountains Watershed and Rangeland Preservation Area.
            (3) Robledo mountains watershed and rangeland preservation 
        area.--Certain Federal lands managed by the Bureau of Land 
        Management, comprising approximately 12,946 acres as generally 
        depicted on the map, which shall be known as the Robledo 
        Mountains Watershed and Rangeland Preservation Area.
            (4) Potrillo national security and rangeland preservation 
        area.--Certain Federal lands managed by the Bureau of Land 
        Management, comprising approximately 182,472 acres as generally 
        depicted on the map, which shall be known as the Potrillo 
        National Security and Rangeland Preservation Area.
    (b) Map and Legal Descriptions.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit to Congress a 
        map and legal descriptions of the rangeland preservation areas.
            (2) Force and effect.--The map and legal descriptions 
        submitted under paragraph (1) shall have the same force and 
        effect as if included in this title, except that the Secretary 
        may correct clerical and typographical errors in the map and 
        legal descriptions.
            (3) Public availability.--Copies of the map and legal 
        descriptions 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; and
                    (C) the Office of the Las Cruces District Manager 
                of the Bureau of Land Management.
    (c) Withdrawals.--Subject to valid existing rights (including lease 
rights), all Federal land within a rangeland preservation area and any 
land and interests in land acquired for a rangeland preservation area 
by the United States after the date of 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) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.

SEC. 202. MANAGEMENT OF RANGELAND PRESERVATION AREAS.

    (a) In General.--The Secretary shall manage the rangeland 
preservation areas--
            (1) in a manner that serves the purposes of--
                    (A) conserving, protecting, and seeking to improve 
                the livestock grazing, recreation, wildlife management, 
                and scenic values under multiple-use, as defined in the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.);
                    (B) conserving and protecting the open spaces of 
                Federal lands within the rangeland preservation areas; 
                and
                    (C) conserving and protecting any other unique 
                resources within the rangeland preservation areas; and
            (2) in accordance with--
                    (A) this title;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (C) other applicable laws.
    (b) Uses.--
            (1) In general.--The Secretary shall not allow a use of a 
        rangeland preservation area unless the Secretary determines 
        that use will further the purposes for which the rangeland 
        preservation areas are established, as described in subsection 
        (a)(1).
            (2) Use of motorized vehicles.--The Secretary shall not 
        allow the use of motorized vehicles in the rangeland 
        preservation areas, except the Secretary shall allow the use of 
        such vehicles--
                    (A) on roads and trails designated for vehicular 
                use under the management plan; and
                    (B) as determined by the Secretary to be necessary 
                for--
                            (i) administrative purposes;
                            (ii) homeland security or law enforcement;
                            (iii) construction, maintenance, operation, 
                        or management of flood control or water 
                        conservation systems by any Federal, State, or 
                        local governmental entity;
                            (iv) construction, maintenance, or 
                        operation of rangeland improvements authorized 
                        by the Secretary; or
                            (v) emergency response.
    (c) Hunting and Trapping.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        shall allow hunting and trapping in the rangeland preservation 
        areas.
            (2) Limitations.--
                    (A) Regulations.--The Secretary may designate by 
                regulation areas in a rangeland preservation area in 
                which, and establish periods during which, for reasons 
                of public safety, administration, or compliance with 
                applicable laws, no hunting or trapping will be 
                allowed.
                    (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 a rangeland 
                preservation area to hunting or trapping.
    (d) Grazing.--The Secretary shall issue any grazing leases or 
permits in the rangeland preservation areas in accordance with the same 
laws and executive orders that apply to issuance by the Secretary of 
grazing leases and permits on other land under the jurisdiction of the 
Bureau of Land Management.
    (e) No Buffer Zones.--
            (1) In general.--There shall be no buffer zone around a 
        rangeland preservation area.
            (2) Activities outside the rangeland preservation areas.--
        The fact that an activity or use of land is not permitted on 
        land within a rangeland preservation area shall not preclude 
        the activity or use outside the boundary of the rangeland 
        preservation area or on private or State land within the 
        rangeland preservation area, consistent with other applicable 
        laws.
    (f) Acquisition of Land.--
            (1) In general.--The Secretary may acquire non-Federal land 
        in a rangeland preservation area only--
                    (A) from a State, a local government, or a non-
                profit organization; and
                    (B) through purchase, exchange, or donation.
            (2) Management.--Land acquired under paragraph (1) shall be 
        managed as part of a rangeland preservation area in accordance 
        with this title.
    (g) Interpretive Sites.--The Secretary may establish sites in a 
rangeland preservation area to allow the interpretation of the 
historical, cultural, scientific, archaeological, natural, and 
educational resources of the rangeland preservation area.
    (h) Water Rights.--Nothing in this title--
            (1) shall constitute or be construed to constitute either 
        an express or implied reservation by the United States of any 
        water or water rights with respect to the lands within a 
        rangeland preservation area; or
            (2) shall affect any water rights existing on the date of 
        enactment of this Act, including any water right held by the 
        United States.
    (i) Rule of Construction.--This title shall not be construed to 
prevent--
            (1) the construction, maintenance, operation, or management 
        of flood control or water conservation systems by any Federal, 
        State, or local governmental entity;
            (2) the construction, maintenance, or operation of 
        rangeland improvements; or
            (3) the exercise of homeland security and law enforcement 
        activities.

SEC. 203. MANAGEMENT PLAN.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, the Secretary shall develop a comprehensive plan for the 
long-range protection and management of the rangeland preservation 
areas.
    (b) Contents.--The management plan shall describe the appropriate 
uses and management of the rangeland preservation areas in accordance 
with--
            (1) this title;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) other applicable laws.

SEC. 204. RELEASE OF WILDERNESS STUDY AREAS.

    (a) Finding.--Congress finds that, for purposes of section 603 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), 
the Federal land in the following areas has been adequately studied for 
wilderness designation:
            (1) The Aden Lava Flow Wilderness Study Area.
            (2) The Las Uvas Mountains Wilderness Study Area.
            (3) The Organ Mountains Wilderness Study Area.
            (4) The Robledo Mountains Wilderness Study Area.
            (5) The West Potrillo Mountains Wilderness Study Area.
            (6) The Mount Riley Wilderness Study Area.
            (7) The Pena Blanca Wilderness Study Area.
            (8) The Organ Needles Wilderness Study Area.
    (b) Release.--Any Federal land described in subsection (a)--
            (1) shall no longer be subject to section 603(c) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1782(c)); and
            (2) shall be managed in accordance with section 202 of this 
        title and the management plan developed under section 203 of 
        this title.

                       TITLE III--LAND EXCHANGES

SEC. 301. PURPOSE.

    The purpose of this title is to--
            (1) support efforts of the University to manage the land of 
        the University consistent with the designation of the 
        University as the land-grant college for the State under the 
        Act of July 2, 1862 (7 U.S.C. 301 et seq.; commonly known as 
        the First Morrill Act);
            (2) allow the University to control development of 
        University land at the Center by consolidating surface and 
        subsurface ownership; and
            (3) authorize the acquisition of non-Federal land to--
                    (A) consolidate holdings of the Bureau of Land 
                Management; and
                    (B) improve the management by the Bureau of Land 
                Management of recreation and other resources in the 
                area of the Center.

SEC. 302. NEW MEXICO STATE UNIVERSITY LAND EXCHANGE.

    (a) Authorization for Exchange.--If the University conveys to the 
United States by quitclaim deed acceptable to the Secretary, all right, 
title, and interest of the University in and to the University land, 
the Secretary shall, not later than 90 days after the date on which the 
Secretary accepts title to the University land, convey to the 
University all right, title, and interest of the United States in and 
to the Federal estate.
    (b) Approximate Equal Value.--Notwithstanding any other law--
            (1) the value of the Federal estate and the value of the 
        University land conveyed under this section shall be considered 
        to be of equal value; and
            (2) appraisals of the Federal estate and the University 
        land are not required.
    (c) Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        a map and legal descriptions of the University land and the 
        Federal estate.
            (2) Effect.--The map and the legal descriptions submitted 
        under paragraph (1) shall have the same force and effect as if 
        included in this title, except that the Secretary may correct 
        any clerical and typographical errors in the legal descriptions 
        and map.
            (3) Public availability.--Copies of the map and the legal 
        descriptions submitted under paragraph (1) shall be on file and 
        available for public inspection in the Office of the State 
        Director.
    (d) Hazardous Substances.--
            (1) In general.--Before any conveyances under this section, 
        the University shall prepare, at the expense of the University, 
        any environmental site assessment for the University land that 
        the Secretary determines to be necessary.
            (2) Options of secretary.--If hazardous substances are 
        found on the University land in an assessment prepared under 
        paragraph (1), the Secretary may--
                    (A)(i) conduct further investigations of the 
                affected land; and
                    (ii) as the Secretary determines to be necessary, 
                require the University to conduct remediation;
                    (B) refuse--
                            (i) to accept conveyance of the affected 
                        land under subsection (a); and
                            (ii) to convey land related to the affected 
                        land under subsection (a); or
                    (C) terminate the conveyance of land under 
                subsection (a).
    (e) Effect on Valid Existing Rights.--Nothing in this title affects 
any valid existing rights in existence on the date of enactment of this 
Act with respect to any interest in the University land or the Federal 
estate.

        TITLE IV--DISPOSAL OF FEDERAL LAND FOR COMMUNITY GROWTH

SEC. 401. DISPOSAL.

    (a) In General.--The Secretary, in consultation with the City and 
the County, shall conduct a sale of Federal land described in 
subsection (b) to qualified bidders.
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the Federal land in the County that is--
            (1) identified for disposal through the resource management 
        planning process of the Bureau of Land Management as of the 
        date of enactment of this Act; and
            (2) not segregated or withdrawn from the lands so 
        identified by Congress or by the Secretary on or after the date 
        of enactment of this Act.
    (c) Sales.--Except as provided in subsection (g), the land referred 
to in subsection (a) shall be sold at a price and in acreage as 
recommended by the Board. Such sales shall be--
            (1) in accordance with Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1701 et seq.), this title, and other 
        applicable laws; and
            (2) subject to valid existing rights.
    (d) Availability of Map.--The map produced by the Bureau of Land 
Management as a result of the resource management planning process 
described in subsection (b) shall be on file and available for public 
inspection in--
            (1) the Office of the Director of the Bureau of Land 
        Management;
            (2) the Office of the State Director; and
            (3) the Office of the Las Cruces District Manager of the 
        Bureau of Land Management.
    (e) Compliance With Local Planning and Zoning Laws.--Before a sale 
of land is conducted under subsection (a), the City or County shall 
submit to the Secretary a certification that all qualified bidders have 
agreed to comply with--
            (1) city and county zoning ordinances; and
            (2) any master plan for the area approved by the City or 
        County.
    (f) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), the land described in 
        subsection (b) is withdrawn from--
                    (A) all forms of entry and appropriation under the 
                public land laws, including the mining laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing and geothermal 
                leasing laws.
            (2) Exception.--Paragraph (1)(A) shall not apply to a 
        competitive sale, or an election by the City or County, to 
        obtain the land described in subsection (b) for public purposes 
        under the Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly 
        known as the Recreation and Public Purposes Act).
    (g) Opportunity Housing.--
            (1) In general.--The Secretary may convey to a local 
        government entity, including a local public housing authority, 
        land in the County that is
                    (A) identified for disposal under subsection (b); 
                and
                    (B) recommended by the Board as appropriate for 
                affordable housing.
            (2) Terms of conveyance.--Any conveyance of land under 
        paragraph (1) shall be--
                    (A) on a noncompetitive basis;
                    (B) at fair market value; and
                    (C) for the purpose of providing affordable housing 
                communities.
    (h) Report.--Not later than 3 years after the date of enactment of 
this Act and annually thereafter, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a report that 
describes the status of any conveyances under this title.

SEC. 402. DISPOSITION OF PROCEEDS.

    (a) In General.--Except for proceeds from land sales made to the 
County under section 401(g) and subject to appropriations, amounts 
received by the United States as proceeds of sales under section 401(b) 
shall be used by the Secretary as follows:
            (1) 10 percent of the amount shall be paid to the County 
        for use for--
                    (A) county planning;
                    (B) fire protection;
                    (C) law enforcement;
                    (D) public safety;
                    (E) transportation; and
                    (F) the development of parks, trails, natural 
                areas, and other open space.
            (2) 10 percent of the amount shall be paid to the County to 
        be allocated to local communities within the County for use 
        for--
                    (A) planning;
                    (B) fire protection;
                    (C) law enforcement;
                    (D) public safety;
                    (E) transportation;
                    (F) the development of parks, trails, natural 
                areas; and
                    (G) pursuant to a cooperative agreement among units 
                of local government, funding of a Dona Ana County Open 
                Space Authority.
            (3) The remainder shall be deposited in a special account 
        in the Treasury of the United States and shall be available to 
        the Secretary without further appropriation until expended 
        for--
                    (A) acquisition of environmentally sensitive land 
                adjacent to the Federal land in the State, subject to 
                the limitation in subsection (b)(4);
                    (B) development of parks, trails, and natural areas 
                in the County pursuant to a cooperative agreement with 
                a unit of local government;
                    (C) rangeland improvements in the rangeland 
                preservation areas and any other area in the County 
                administered by the Bureau of Land Management;
                    (D) preservation and restoration of important 
                habitat on public land in the County;
                    (E) the reimbursement of costs incurred by the 
                Office of the State Director and the Las Cruces Office 
                of the Bureau of Land Management in administering a 
                sale of land described in section 401(b), including the 
                costs of--
                            (i) conducting surveys;
                            (ii) conducting appraisals; and
                            (iii) complying with--
                                    (I) the National Environment Policy 
                                Act of 1969 (42 U.S.C. 4321 et seq.);
                                    (II) sections 201 and 202 of the 
                                Federal Land Policy and Management Act 
                                of 1976 (43 U.S.C. 1711, 1712); and
                                    (III) any other appropriate Federal 
                                laws.
    (b) Special Account.--
            (1) Procedures.--The Secretary shall coordinate the use of 
        the special account established under subsection (a)(3) with 
        the County, local governments, and other interested persons to 
        ensure accountability and demonstrated results.
            (2) Federal land transaction facilitation act account.--
        Subject to appropriations, any proceeds from the sale of 
        Federal land in the County that, as of the date of enactment of 
        this Act, are in the Federal Land Transaction Facilitation Act 
        account shall be transferred to the special account.
            (3) Investment of special account.--Any amounts deposited 
        in the special account--
                    (A) shall earn interest in an amount determined by 
                the Secretary of the Treasury on the basis of the 
                current average market yield on outstanding marketable 
                obligations of the United States of comparable 
                maturities; and
                    (B) may be expended in accordance with this title.
            (4) Limitation.--The Secretary shall use not more than 25 
        percent of the amounts made available from the special account 
        during any 5-year period for any acquisition of land under 
        subsection (a)(3)(A).

SEC. 403. ADVISORY BOARD.

    (a) Establishment.--There is established an advisory board, to be 
known as the Dona Ana County Land Disposal Advisory Board, to advise 
the Secretary with respect to the disposal of the land described in 
section 401(b).
    (b) Membership.--
            (1) Composition.--The Board shall be composed of 7 members, 
        of whom--
                    (A) 1 member shall be the Las Cruces District 
                Manager for the Bureau of Land Management
                    (B) 6 members, to be appointed by the Secretary, of 
                whom--
                            (i) 1 member shall be a representative of 
                        the County, based on the recommendation of the 
                        governing body of the County;
                            (ii) 1 member shall be a representative of 
                        the City, based on the recommendation of the 
                        governing body of the City;
                            (iii) 1 member shall be a representative of 
                        the business community within the County;
                            (iv) 1 member shall be a representative of 
                        the ranching community who shall be the holder 
                        of an active grazing allotment within the 
                        County;
                            (v) 1 member shall be a member of the 
                        conservation community within the County; and
                            (vi) 1 member shall be a representative of 
                        the Elephant Butte Irrigation District, based 
                        on the recommendation of the governing body of 
                        the Elephant Butte Irrigation District.
            (2) Term.--A member of the Board shall be appointed for a 
        term of 3 years.
            (3) Vacancies.--
                    (A) In general.--If there is a vacancy on the 
                Board, the Secretary shall appoint an individual to 
                fill the vacancy.
                    (B) Term.--A member appointed to fill a vacancy 
                under subparagraph (A) shall serve for the remainder of 
                the term of the member being replaced.
    (c) Duties.--
            (1) In general.--The Board shall--
                    (A) assist the Secretary in annually prioritizing 
                the Bureau of Land Management land that is available 
                for disposal under this title, as identified in the 
                land use planning process; and
                    (B) make recommendations to the State Director with 
                respect to the disposal of land under this title.
            (2) Public comment.--The State Director shall establish 
        procedures to provide Federal, State, and local governments and 
        the public with adequate notice of, and an opportunity to 
        comment on, the priorities for the disposal of public land, as 
        determined under subparagraph (A), including through the 
        conduct of public hearings as the State Director determines to 
        be appropriate.
    (d) Meetings.--
            (1) Annual meetings.--The Board shall meet at least once a 
        year at the call of the State Director.
            (2) Quorum and approval requirements.--
                    (A) In general.--A quorum of Board members, as 
                defined in the charter under subsection (f), must be 
                present to constitute an official meeting of the Board.
                    (B) Recommendations.--Formal recommendations of the 
                Board shall require the approval of the majority of 
                Board members.
                    (C) Adoption of charter.--Adoption of the charter 
                shall require the approval of two-thirds of the Board 
                members.
    (e) Travel and Per Diem Payments.--A member of the Board shall 
serve without pay, except that a member shall be reimbursed for any 
travel expenses, including per diem in lieu of subsistence, that are 
incurred while attending a meeting called under subsection (d)(1).
    (f) Charter.--The Board shall establish a charter for the Board 
that includes rules for--
            (1) defining a quorum;
            (2) electing a chairperson; and
            (3) establishing procedures for sending recommendations to 
        the Secretary.
    (g) Conflict of Interest.--A member of the Board--
            (1) shall, at the time the member joins the Board or at the 
        time the interest arises, whichever is earlier, disclose any 
        direct or indirect interest of the member in the disposal of 
        public land in the County; and
            (2) shall not receive any financial benefits from 
        recommendations made by the Board.
    (h) Duration.--The Board shall terminate at the later of the 
following:
            (1) The end of the 15-year period beginning on the date of 
        enactment of this Act.
            (2) The date when all lands described in section 401 are 
        disposed of.
                                 <all>