[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 874 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 874

To establish El Rio Grande Del Norte National Conservation Area in the 
              State of New Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

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

_______________________________________________________________________

                                 A BILL


 
To establish El Rio Grande Del Norte National Conservation Area in the 
              State of 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.

    This Act may be cited as ``El Rio Grande Del Norte National 
Conservation Area Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means El Rio Grande Del Norte National Conservation Area 
        established by section 3(a)(1).
            (2) Land grant community.--The term ``land grant 
        community'' means a member of the Board of Trustees of 
        confirmed and nonconfirmed community land grants within the 
        Conservation Area.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the Conservation Area developed under 
        section 3(d).
            (4) Map.--The term ``map'' means the map entitled ``El Rio 
        Grande Del Norte National Conservation Area'' and dated March 
        23, 2009.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--There is established El Rio Grande Del 
        Norte National Conservation Area in the State.
            (2) Area included.--The Conservation Area shall consist of 
        approximately 235,980 acres of public land in Taos and Rio 
        Arriba counties in the State, as generally depicted on the map.
    (b) Purposes.--The purposes of the Conservation Area are to 
conserve, protect, and enhance for the benefit and enjoyment of present 
and future generations the cultural, archaeological, natural, 
scientific, geological, historical, biological, wildlife, educational, 
recreational, and scenic resources of the Conservation Area.
    (c) Management.--
            (1) In general.--The Secretary shall manage the 
        Conservation Area--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the Conservation Area; and
                    (B) in accordance with--
                            (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable laws.
            (2) Uses.--
                    (A) In general.--The Secretary shall allow only 
                such uses of the Conservation Area that the Secretary 
                determines would further the purposes described in 
                subsection (b).
                    (B) Use of motorized vehicles.--
                            (i) In general.--Except as needed for 
                        administrative purposes or to respond to an 
                        emergency, the use of motorized vehicles in the 
                        Conservation Area shall be permitted only on 
                        roads designated for use by motorized vehicles 
                        in the management plan.
                            (ii) New roads.--No additional road shall 
                        be built within the Conservation Area after the 
                        date of enactment of this Act unless the road 
                        is needed for public safety or natural resource 
                        protection.
                    (C) Grazing.--The Secretary shall permit grazing 
                within the Conservation Area, where established before 
                the date of enactment of this Act--
                            (i) subject to all applicable laws 
                        (including regulations) and Executive orders; 
                        and
                            (ii) consistent with the purposes described 
                        in subsection (b).
                    (D) Collection of pinon nuts and firewood.--Nothing 
                in this Act precludes the traditional collection of 
                firewood and pinon nuts for noncommercial personal use 
                within the Conservation Area--
                            (i) in accordance with any applicable laws; 
                        and
                            (ii) subject to such terms and conditions 
                        as the Secretary determines to be appropriate.
                    (E) Utility corridor upgrades.--Nothing in this Act 
                precludes the Secretary from authorizing the upgrading 
                of an existing utility corridor (including the widening 
                of an existing easement) through the Conservation 
                Area--
                            (i) in accordance with any applicable laws; 
                        and
                            (ii) subject to such terms and conditions 
                        as the Secretary determines to be appropriate.
                    (F) Tribal cultural uses.--
                            (i) Access.--The Secretary shall, in 
                        consultation with Indian tribes or pueblos--
                                    (I) ensure the protection of 
                                religious and cultural sites; and
                                    (II) provide occasional access to 
                                the sites by members of Indian tribes 
                                or pueblos for traditional cultural and 
                                customary uses, consistent with Public 
                                Law 95-341 (commonly known as the 
                                ``American Indian Religious Freedom 
                                Act'') (42 U.S.C. 1996).
                            (ii) Temporary closures.--In accordance 
                        with Public Law 95-341 (commonly known as the 
                        ``American Indian Religious Freedom Act'') (42 
                        U.S.C. 1996), the Secretary, on request of an 
                        Indian tribe or pueblo, may temporarily close 
                        to general public use 1 or more specific areas 
                        of the Conservation Area in order to protect 
                        traditional cultural and customary uses in 
                        those areas by members of the Indian tribe or 
                        the pueblo.
    (d) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall develop a management 
        plan for the Conservation Area.
            (2) Other plans.--To the extent consistent with this Act, 
        the plan may incorporate in the management plan the Rio Grande 
        Corridor Management Plan in effect on the date of enactment of 
        this Act.
            (3) Consultation.--The management plan shall be developed 
        in consultation with--
                    (A) State and local governments;
                    (B) tribal governmental entities;
                    (C) land grant communities; and
                    (D) the public.
            (4) Considerations.--In preparing and implementing the 
        management plan, the Secretary shall consider the 
        recommendations of Indian tribes and pueblos on methods for--
                    (A) ensuring access to religious and cultural 
                sites;
                    (B) enhancing the privacy and continuity of 
                traditional cultural and religious activities in the 
                Conservation Area; and
                    (C) protecting traditional cultural and religious 
                sites in the Conservation Area.
    (e) Incorporation of Acquired Land and Interests in Land.--Any land 
that is within the boundary of the Conservation Area that is acquired 
by the United States shall--
            (1) become part of the Conservation Area; and
            (2) be managed in accordance with--
                    (A) this Act; and
                    (B) any other applicable laws.
    (f) Special Management Areas.--
            (1) In general.--The establishment of the Conservation Area 
        shall not change the management status of any area within the 
        boundary of the Conservation Area that is--
                    (A) designated as a component of the National Wild 
                and Scenic Rivers System under the Wild and Scenic 
                Rivers Act (16 U.S.C. 1271 et seq.); or
                    (B) managed as an area of critical environmental 
                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.

SEC. 4. DESIGNATION OF WILDERNESS AREAS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the Conservation Area are 
designated as wilderness and as components of the National Wilderness 
Preservation System:
            (1) Cerro del yuta wilderness.--Certain land administered 
        by the Bureau of Land Management in Taos County, New Mexico, 
        comprising approximately 13,420 acres as generally depicted on 
        the map, which shall be known as the ``Cerro del Yuta 
        Wilderness''.
            (2) Rio san antonio wilderness.--Certain land administered 
        by the Bureau of Land Management in Rio Arriba County, New 
        Mexico, comprising approximately 8,000 acres, as generally 
        depicted on the map, which shall be known as the ``Rio San 
        Antonio Wilderness''.
    (b) Management of Wilderness Areas.--Subject to valid existing 
rights, the wilderness areas designated by subsection (a) shall be 
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et 
seq.) and this Act, except that with respect to the wilderness areas 
designated by this Act--
            (1) any reference to the effective date of the Wilderness 
        Act shall be considered to be a reference to the date of 
        enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary.
    (c) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land within the boundary of the wilderness areas 
designated by subsection (a) that is acquired by the United States 
shall--
            (1) become part of the wilderness area in which the land is 
        located; and
            (2) be managed in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (B) this Act; and
                    (C) any other applicable laws.
    (d) Grazing.--Grazing of livestock in the wilderness areas 
designated by subsection (a), where established before the date of 
enactment of this Act, shall be administered in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the Report of 
        the Committee on Interior and Insular Affairs to accompany H.R. 
        2570 of the 101st Congress (H. Rept. 101-405).
    (e) Buffer Zones.--
            (1) In general.--Nothing in this section creates a 
        protective perimeter or buffer zone around any wilderness area 
        designated by subsection (a).
            (2) Activities outside wilderness areas.--The fact that an 
        activity or use on land outside any wilderness area designated 
        by subsection (a) can be seen or heard within the wilderness 
        area shall not preclude the activity or use outside the 
        boundary of the wilderness area.
    (f) Release of Wilderness Study Areas.--Congress finds that, for 
purposes of section 603(c) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio 
Wilderness Study Area not designated as wilderness by this section--
            (1) has been adequately studied for wilderness designation;
            (2) is no longer subject to section 603(c) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
            (3) shall be managed in accordance with this Act.

SEC. 5. GENERAL PROVISIONS.

    (a) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file the map and 
        legal descriptions of the Conservation Area and the wilderness 
        areas designated by section 4(a) with--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Force of law.--The map and legal descriptions filed 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        errors in the legal description and map.
            (3) Public availability.--The map and legal descriptions 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of the Bureau of 
        Land Management.
    (b) National Landscape Conservation System.--The Conservation Area 
and the wilderness areas designated by section 4(a) shall be 
administered as components of the National Landscape Conservation 
System.
    (c) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to fish and wildlife located on 
public land in the State, except that the Secretary, after consultation 
with the New Mexico Department of Game and Fish, may designate zones 
where, and establishing periods when, hunting shall not be allowed for 
reasons of public safety, administration, or public use and enjoyment.
    (d) Withdrawals.--Subject to valid existing rights, any Federal 
land within the Conservation Area and the wilderness areas designated 
by section 4(a), including any land or interest in land that is 
acquired by the United States after the date of enactment of this Act, 
is 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, mineral materials, 
        and geothermal leasing laws.
    (e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or 
otherwise modifies any treaty rights.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>