[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5388 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5388

To expand the boundaries of the Cibola National Forest in the State of 
                              New Mexico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2010

Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To expand the boundaries of the Cibola National Forest 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. CIBOLA NATIONAL FOREST BOUNDARY EXPANSION.

    (a) Boundary Expansion.--The boundaries of Cibola National Forest, 
located in the State of New Mexico, are modified to include the land 
depicted for such inclusion on--
            (1) the Forest Service map titled ``Crest of Montezuma 
        Proposed Land Transfer'', dated October 26, 2009; and
            (2) the Bureau of Land Management map titled ``Manzano 
        Wilderness Study Area'', dated August 13, 2009.
    (b) Availability and Correction.--The maps referred to in 
subsection (a) shall be on file and available for public inspection in 
the appropriate offices of the Forest Service. The Chief of the Forest 
Service may make minor corrections to the maps.
    (c) Land Acquisition.--Subject to the appropriation of funds to 
carry out this section and the consent of the owner of private land 
included within the boundaries of Cibola National Forest by subsection 
(a), the Secretary of Agriculture may acquire the private land.
    (d) Transfer of Jurisdiction.--The Secretary of the Interior shall 
transfer, without reimbursement, to the Chief of the Forest Service 
administrative jurisdiction over any land under the jurisdiction of the 
Secretary that is depicted on the maps referred to in subsection (a).
    (e) Management of Acquired Land.--
            (1) In general.--Any federally owned lands that have been 
        or hereafter may be acquired for National Forest System 
        purposes within the boundaries of the Cibola National Forest, 
        as modified by subsection (a), shall be managed as lands 
        acquired under the Act of March 1, 1911 (commonly known as the 
        Weeks Act; 16 U.S.C. 515 et seq.), and in accordance with the 
        other laws and regulations pertaining to the National Forest 
        System.
            (2) Treatment of manzano wilderness study area.--Upon its 
        acquisition by the Forest Service, land depicted on the map 
        referred to in subsection (a)(2) shall be--
                    (A) designated as wilderness;
                    (B) added to the Manzano Mountain Wilderness 
                designated by section 2(f) of the Endangered American 
                Wilderness Act of 1978 (Public Law 95-237; 92 Stat. 42; 
                16 U.S.C. 1132 note); and
                    (C) administered in accordance with Wilderness Act 
                (16 U.S.C. 1131 et seq.).
    (f) First Right of Refusal for Any Disposal of Land.--
            (1) Crest of montezuma.--
                    (A) To land grant-merced.--If land depicted on the 
                map referred to in subsection (a)(1) is acquired by the 
                Forest Service, but is subsequently determined to be 
                surplus to the needs of the Federal Government, the 
                Administrator of General Services shall extend a first 
                right of refusal to purchase the surplus land to the 
                San Antonio de Las Huertas Land Grant.
                    (B) Exception for tribal claims.--If the Forest 
                Service determines, after consultation with an Indian 
                tribe claiming an historical interest in a parcel of 
                land otherwise subject to subparagraph (A), that the 
                Indian tribe has such an historical interest in the 
                parcel, the Administrator of General Services shall 
                extend the first right of refusal first to the Indian 
                tribe and then to the San Antonio de Las Huertas Land 
                Grant.
            (2) Manzano wilderness study area.--
                    (A) To land grant-merced.--If land depicted on the 
                map referred to in subsection (a)(2) is acquired by the 
                Forest Service, but is subsequently determined to be 
                surplus to the needs of the Federal Government, the 
                Administrator of General Services shall extend a first 
                right of refusal to purchase the surplus land to the 
                Tome Land Grant.
                    (B) Exception for tribal claims.--If the Forest 
                Service determines, after consultation with an Indian 
                tribe claiming an historical interest in a parcel of 
                land otherwise subject to subparagraph (A), that the 
                Indian tribe has such an historical interest in the 
                parcel, the Administrator of General Services shall 
                extend the first right of refusal first to the Indian 
                tribe and then to the Tome Land Grant.
            (3) Duration of right.--A first right of refusal extended 
        under paragraph (1) or (2) must be exercised within 180 days 
        after the date on which the land grant-merced or Indian tribe, 
        as the case may be, received notice of the availability of the 
        land.
            (4) Consideration.--To exercise the first right of refusal 
        extended under paragraph (1) or (2) with regard to a particular 
        parcel of land, the land grant-merced or Indian tribe holding 
        the right under such paragraph shall provide for the payment of 
        consideration in an amount that is equal to the fair market 
        value of the land, as determined by the Administrator of 
        General Services. The consideration may in cash or in kind, 
        with the approval of the Administrator of General Services.
    (g) Withdrawal From Mining and Certain Other Uses.--The land 
depicted on the map referred to in subsection (a)(1) and acquired by 
the Forest Service is hereby withdrawn from--
            (1) all forms of entry, appropriation, or disposal under 
        the public land laws;
            (2) location, entry, and patent under the public land 
        mining laws; and
            (3) operation of the mineral leasing and geothermal leasing 
        laws and the mineral materials laws.
    (h) Access to Community Operated Waterways Used for Irrigation.--
The Secretary of Agriculture shall grant access to Las Placitas Acequia 
Association and San Antonio de Las Huertas Acequia Association to 
maintain those acequias located within the Cibola National Forest, as 
expanded by this section, that were in use prior to the addition of the 
land to the National Forest System. For acequias located within the 
Sandia Mountain Wilderness, maintenance activities shall be conducted 
in a manner consistent with laws applicable to the wilderness.
    (i) Relation to Land and Water Conservation Fund Act.--For purposes 
of section 7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-9), the boundaries of the Cibola National Forest, as 
modified by subsection (a), shall be considered to be boundaries of the 
Cibola National Forest as of January 1, 1965.
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