[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4334 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4334

 To establish a monument in Dona Ana County, New Mexico, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 2012

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

_______________________________________________________________________

                                 A BILL


 
 To establish a monument 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.

    This Act may be cited as the ``Organ Mountains National Monument 
Establishment Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act:
            (1) City.--The term ``City'' means the city of Las Cruces, 
        New Mexico.
            (2) County.--The term ``County'' means Dona Ana County, New 
        Mexico.
            (3) Management plan.--The term ``management plan'' means 
        the management plan developed pursuant to this Act.
            (4) Map.--The term ``map'' means the map titled ``Organ 
        Mountains National Monument'' and dated March 28, 2012.
            (5) Monument.--The term ``monument'' means the national 
        monument established by this Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.
            (7) State director.--The term ``State Director'' means the 
        New Mexico State Director of the Bureau of Land Management.
            (8) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. WATER RIGHTS.

    Nothing in this Act shall--
            (1) 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 the 
        monument; or
            (2) affect any water rights existing on the date of the 
        enactment of this Act, including any water right held by the 
        United States.

SEC. 4. ESTABLISHMENT OF MONUMENT.

    (a) In General.--There is established the Organ Mountains monument 
in the State.
    (b) Area Included.--The monument shall consist of the approximately 
58,512 acres of public land in Dona Ana County in the State, as 
generally depicted on the map.

SEC. 5. PURPOSES.

    The purposes of the monument are to conserve, protect, and enhance 
the cultural, traditional, archaeological, natural, ecological, 
geological, historical, wildlife, livestock, watershed, educational, 
recreational, and scenic resources of the monument for the benefit and 
enjoyment of present and future generations.

SEC. 6. MANAGEMENT OF MONUMENT.

    (a) In General.--The Secretary shall manage the monument--
            (1) in a manner that conserves, protects, and enhances the 
        resources of the monument; and
            (2) in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) any other applicable laws.
    (b) Uses.--
            (1) In general.--The Secretary shall allow only such uses 
        of the monument that the Secretary determines would further the 
        purposes described in section 5.
            (2) Use of motorized vehicles.--Except as needed for 
        administrative purposes or to respond to an emergency, the use 
        of motorized vehicles in the monument shall be permitted only 
        on roads designated for use by motorized vehicles in the 
        management plan. Nothing in this Act precludes the use of 
        motorized vehicles or mechanical equipment for the construction 
        or maintenance of range improvements or the performance of 
        standard ranching operations or for the construction, 
        maintenance, operation, or management of flood control or water 
        conservation systems.
            (3) New roads.--No additional road shall be built within 
        the monument after the date of the enactment of this Act unless 
        the Secretary determines that the road is necessary for public 
        safety or natural resource protection.
    (c) Grazing.--The Secretary shall issue any grazing leases or 
permits in the monument 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.
    (d) Utility Right-of-ways.--Nothing in this section precludes the 
Secretary from authorizing, renewing or upgrading (including widening) 
a utility right-of-way through the monument in a manner that minimizes 
harm to the purposes of the monument in accordance with--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) any other applicable law; and
            (3) such terms and conditions as the Secretary determines 
        to be appropriate.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall develop a management plan 
for the monument.
    (b) Consultation.--The management plan shall be developed in 
consultation with--
            (1) State, tribal, and local governments;
            (2) the public; and
            (3) interested Federal agencies.

SEC. 8. GENERAL PROVISIONS.

    (a) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Secretary shall file the map and 
        legal description of the monument.
            (2) Force and effect.--The map and legal description 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 map and legal description.
            (3) Public availability.--The map and legal description 
        filed under paragraph (1) shall be on file and available for 
        public inspection in the appropriate offices of--
                    (A) the Bureau of Land Management;
                    (B) the Office of the County Clerk of Dona Ana 
                County, New Mexico.
            (4) 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.
            (5) No buffer zones.--
                    (A) In general.--There shall be no buffer zone 
                around a monument.
                    (B) Activities outside the monument.--The fact that 
                an activity or use of land is not permitted on land 
                within a monument shall not preclude the activity or 
                use outside the boundary of the monument or on private 
                or State land within the monument, consistent with 
                other applicable laws.
            (6) Withdrawals.--Subject to valid existing rights 
        (including lease rights), all Federal land within the monument 
        and any land and interests in land acquired for the monument by 
        the United States after the date of the enactment of this Act 
        are withdrawn from--
                    (A) all forms of entry, appropriation, or disposal 
                under the public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.

SEC. 9. RELEASE OF WILDERNESS STUDY AREA.

    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 has been adequately studied for wilderness designation and 
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)):
            (1) The Organ Mountains Wilderness Study Area.
            (2) The Organ Needles Wilderness Study Area.
            (3) The Pena Blanca Wilderness Study Area.

SEC. 10. NATIONAL LANDSCAPE CONSERVATION SYSTEM.

    The monument designated by this Act shall be administered as a 
component of the National Landscape Conservation System.
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