[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 275 Reported in Senate (RS)]






                                                        Calendar No. 53
110th CONGRESS
  1st Session
                                 S. 275

                          [Report No. 110-27]

 To establish the Prehistoric Trackways National Monument in the State 
                             of New Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 11, 2007

 Mr. Bingaman (for himself and Mr. Domenici) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                           February 16, 2007

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Prehistoric Trackways National Monument in the State 
                             of New Mexico.

    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 ``Prehistoric Trackways National 
Monument Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Monument.--The term ``Monument'' means the Prehistoric 
        Trackways National Monument established by section 4(a).
            (2) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) in 1987, a major deposit of Paleozoic Era fossilized 
        footprint megatrackways was discovered in the Robledo Mountains 
        in southern New Mexico;
            (2) the trackways contain footprints of numerous 
        amphibians, reptiles, and insects (including previously unknown 
        species), plants, and petrified wood dating back approximately 
        280,000,000 years, which collectively provide new opportunities 
        to understand animal behaviors and environments from a time 
        predating the dinosaurs;
            (3) title III of Public Law 101-578 (104 Stat. 2860)--
                    (A) provided interim protection for the site at 
                which the trackways were discovered; and
                    (B) directed the Secretary of the Interior to--
                            (i) prepare a study assessing the 
                        significance of the site; and
                            (ii) based on the study, provide 
                        recommendations for protection of the 
                        paleontological resources at the site;
            (4) the Bureau of Land Management completed the Paleozoic 
        Trackways Scientific Study Report in 1994, which characterized 
        the site as containing ``the most scientifically significant 
        Early Permian tracksites'' in the world;
            (5) despite the conclusion of the study and the 
        recommendations for protection, the site remains unprotected 
        and many irreplaceable trackways specimens have been lost to 
        vandalism or theft; and
            (6) designation of the trackways site as a National 
        Monument would protect the unique fossil resources for present 
        and future generations while allowing for public education and 
        continued scientific research opportunities.

SEC. 4. ESTABLISHMENT.

    (a) In General.--In order to conserve, protect, and enhance the 
unique and nationally important paleontological, scientific, 
educational, scenic, and recreational resources and values of the 
public land described in subsection (b), there is established the 
Prehistoric Trackways National Monument in the State of New Mexico.
    (b) Description of Land.--The Monument shall consist of 
approximately <DELETED>5,367</DELETED> 5,280 acres of public land in 
Dona Ana County, New Mexico, as generally depicted on the map entitled 
``Prehistoric Trackways National Monument'' and dated <DELETED>June 1, 
2006</DELETED> January 25, 2007.
    (c) Map; Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall prepare and submit 
        to Congress an official map and legal description of the 
        Monument.
            (2) Corrections.--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 any 
        clerical or typographical errors in the legal description and 
        the map.
            (3) Conflict between map and legal description.--In the 
        case of a conflict between the map and the legal description, 
        the map shall control.
            (4) Availability of map and legal description.--Copies of 
        the map and legal description shall be on file and available 
        for public inspection in the appropriate offices of the Bureau 
        of Land Management.
    (d) Minor Boundary Adjustments.--If additional paleontological 
resources are discovered on public land adjacent to the Monument after 
the date of enactment of this Act, the Secretary may make minor 
boundary adjustments to the Monument to include the resources in the 
Monument.

SEC. 5. ADMINISTRATION.

    (a) Management.--
            (1) In general.--The Secretary shall manage the Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the resources and values of the Monument, 
                including the resources and values described in section 
                4(a); and
                    (B) in accordance with--
                            (i) this Act;
                            (ii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                            (iii) other applicable laws.
            (2) National landscape conservation system.--The Monument 
        shall be managed as a component of the National Landscape 
        Conservation System.
        <DELETED>    (3) Protection of resources and values.--The 
        Secretary shall manage public land adjacent to the Monument in 
        a manner that is consistent with the protection of the 
        resources and values of the Monument.</DELETED>
    (b) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall develop a 
        comprehensive management plan for the long-term protection and 
        management of the Monument.
            (2) Components.--The management plan under paragraph (1)--
                    (A) shall--
                            (i) describe the appropriate uses and 
                        management of the Monument, consistent with the 
                        provisions of this Act; and
                            (ii) allow for continued scientific 
                        research at the Monument during the development 
                        of the management plan; and
                    (B) may--
                            (i) incorporate any appropriate decisions 
                        contained in any current management or activity 
                        plan for the land described in section 4(b); 
                        and
                            (ii) use information developed in studies 
                        of any land within or adjacent to the Monument 
                        that were conducted before the date of 
                        enactment of this Act.
    (c) Authorized Uses.--The Secretary shall only allow uses of the 
Monument that the Secretary determines would further the purposes for 
which the Monument has been established.
    (d) Interpretation, Education, and Scientific Research.--
            (1) In general.--The Secretary shall provide for public 
        interpretation of, and education and scientific research on, 
        the paleontological resources of the Monument, with priority 
        given to exhibiting and curating the resources in Dona Ana 
        County, New Mexico.
            (2) Cooperative agreements.--The Secretary may enter into 
        cooperative agreements with appropriate public entities to 
        carry out paragraph (1).
    (e) Special Management Areas.--
            (1) In general.--The establishment of the Monument shall 
        not change the management status of any area within the 
        boundary of the Monument that is--
                    (A) designated as a wilderness study area and 
                managed in accordance with section 603(c) of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1782(c)); or
                    (B) managed as an area of critical environment 
                concern.
            (2) Conflict of laws.--If there is a conflict between the 
        laws applicable to the areas described in paragraph (1) and 
        this Act, the more restrictive provision shall control.
    (f) Motorized Vehicles.--
            (1) In general.--Except as needed for administrative 
        purposes or to respond to an emergency, the use of motorized 
        vehicles in the Monument shall be allowed only on roads and 
        trails designated for use by motorized vehicles under the 
        management plan prepared under subsection (b).
            (2) Permitted events.--The Secretary may issue permits for 
        special recreation events involving motorized vehicles within 
        the boundaries of the Monument, including the ``Chile 
        Challenge''--
                    (A) to the extent the events do not harm 
                paleontological resources; and
                    (B) subject to any terms and conditions that the 
                Secretary determines to be necessary.
    (g) Withdrawals.--Subject to valid existing rights, any Federal 
land within the Monument and any land or interest in land that is 
acquired by the United States for inclusion in the Monument after the 
date of enactment of this Act are withdrawn from--
            (1) 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 laws, geothermal 
        leasing laws, and minerals materials laws.
    (h) Grazing.--The Secretary may allow grazing to continue in any 
area of the Monument in which grazing is allowed before the date of 
enactment of this Act, subject to applicable laws (including 
regulations).
<DELETED>    (i) Hunting.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this Act diminishes 
        the jurisdiction of the State of New Mexico with respect to 
        fish and wildlife management, including regulation of hunting 
        on public land within the Monument.</DELETED>
        <DELETED>    (2) Regulations.--The Secretary, after 
        consultation with the New Mexico Department of Game and Fish, 
        may issue regulations designating zones in which and 
        establishing periods during which hunting shall not be allowed 
        for reasons of public safety, administration, or public use and 
        enjoyment.</DELETED>
<DELETED>    (j) Water Rights.--Nothing in this Act constitutes an 
express or implied reservation by the United States of any water or 
water rights with respect to the Monument.</DELETED>
    (i) Water Rights.--Nothing in this Act constitutes an express or 
implied reservation by the United States of any water or water rights 
with respect to the Monument.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                        Calendar No. 53

110th CONGRESS

  1st Session

                                 S. 275

                          [Report No. 110-27]

_______________________________________________________________________

                                 A BILL

 To establish the Prehistoric Trackways National Monument in the State 
                             of New Mexico.

_______________________________________________________________________

                           February 16, 2007

                        Reported with amendments