[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1024 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1024

To designate the Organ Mountains and other public land as components of 
the National Wilderness Preservation System and the National Landscape 
Conservation System in the State of New Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2011

 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 designate the Organ Mountains and other public land as components of 
the National Wilderness Preservation System and the National Landscape 
Conservation System 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 the ``Organ Mountains--Dona Ana County 
Conservation and Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means each of the Organ Mountains National Conservation Area 
        and the Desert Peaks National Conservation Area established by 
        section 4(a).
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the Conservation Areas developed under 
        section 4(d).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 3. 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 State are designated as 
wilderness and as components of the National Wilderness Preservation 
System:
            (1) Aden lava flow wilderness.--Certain land administered 
        by the Bureau of Land Management in Dona Ana County comprising 
        approximately 27,650 acres, as generally depicted on the map 
        entitled ``Potrillo Mountains Complex'' and dated May 18, 2010, 
        which shall be known as the ``Aden Lava Flow Wilderness''.
            (2) Broad canyon wilderness.--Certain land administered by 
        the Bureau of Land Management in Dona Ana County comprising 
        approximately 13,900 acres, as generally depicted on the map 
        entitled ``Desert Peaks National Conservation Area'' and dated 
        May 18, 2010, which shall be known as the ``Broad Canyon 
        Wilderness''.
            (3) Cinder cone wilderness.--Certain land administered by 
        the Bureau of Land Management in Dona Ana County comprising 
        approximately 16,950 acres, as generally depicted on the map 
        entitled ``Potrillo Mountains Complex'' and dated May 18, 2010, 
        which shall be known as the ``Cinder Cone Wilderness''.
            (4) Organ mountains wilderness.--Certain land administered 
        by the Bureau of Land Management in Dona Ana County comprising 
        approximately 19,200 acres, as generally depicted on the map 
        entitled ``Organ Mountains National Conservation Area'' and 
        dated May 18, 2011, which shall be known as the ``Organ 
        Mountains Wilderness''.
            (5) Potrillo mountains wilderness.--Certain land 
        administered by the Bureau of Land Management in Dona Ana and 
        Luna counties comprising approximately 125,850 acres, as 
        generally depicted on the map entitled ``Potrillo Mountains 
        Complex'' and dated May 18, 2010, which shall be known as the 
        ``Potrillo Mountains Wilderness''.
            (6) Robledo mountains wilderness.--Certain land 
        administered by the Bureau of Land Management in Dona Ana 
        County comprising approximately 16,950 acres, as generally 
        depicted on the map entitled ``Desert Peaks National 
        Conservation Area'' and dated May 18, 2010, which shall be 
        known as the ``Robledo Mountains Wilderness''.
            (7) Sierra de las uvas wilderness.--Certain land 
        administered by the Bureau of Land Management in Dona Ana 
        County comprising approximately 11,100 acres, as generally 
        depicted on the map entitled ``Desert Peaks National 
        Conservation Area'' and dated May 18, 2010, which shall be 
        known as the ``Sierra de las Uvas Wilderness''.
            (8) Whitethorn wilderness.--Certain land administered by 
        the Bureau of Land Management in Dona Ana and Luna counties 
        comprising approximately 9,600 acres, as generally depicted on 
        the map entitled ``Potrillo Mountains Complex'' and dated May 
        18, 2010, which shall be known as the ``Whitethorn 
        Wilderness''.
    (b) Management.--Subject to valid existing rights, the wilderness 
areas designated by subsection (a) shall be administered by the 
Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 
1131 et seq.) except that--
            (1) any reference in the Wilderness Act to the effective 
        date of that 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 of the Interior.
    (c) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land that is within the boundary of a wilderness area 
designated by subsection (a) that is acquired by the United States 
shall--
            (1) become part of the wilderness area within the 
        boundaries of 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) Military Overflights.--Nothing in this section restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas designated by subsection (a), including 
        military overflights that can be seen or heard within the 
        wilderness areas;
            (2) the designation of new units of special airspace over 
        the wilderness areas designated by this Act; or
            (3) the use or establishment of military flight training 
        routes over wilderness areas designated by this Act.
    (f) 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.
    (g) Potential Wilderness Area.--
            (1) Robledo mountains potential wilderness area.--
                    (A) In general.--Certain land administered by the 
                Bureau of Land Management, comprising approximately 100 
                acres as generally depicted as ``Potential Wilderness'' 
                on the map entitled ``Desert Peaks National 
                Conservation Area'' and dated May 18, 2010, is 
                designated as a potential wilderness area.
                    (B) Uses.--The Secretary shall permit only such 
                uses on the land described in subparagraph (A) that 
                were permitted on the date of enactment of this Act.
                    (C) Designation as wilderness.--
                            (i) In general.--On the date on which the 
                        Secretary publishes in the Federal Register the 
                        notice described in clause (ii), the potential 
                        wilderness area designated under subparagraph 
                        (A) shall be--
                                    (I) designated as wilderness and as 
                                a component of the National Wilderness 
                                Preservation System; and
                                    (II) incorporated into the Robledo 
                                Mountains Wilderness designated by 
                                subsection (a)(6).
                            (ii) Notice.--The notice referred to in 
                        clause (i) is notice that--
                                    (I) the communications site within 
                                the potential wilderness area 
                                designated under subparagraph (A) is no 
                                longer used;
                                    (II) the associated right-of-way is 
                                relinquished or not renewed; and
                                    (III) the conditions in the 
                                potential wilderness area designated by 
                                subparagraph (A) are compatible with 
                                the Wilderness Act (16 U.S.C. 1131 et 
                                seq.).
    (h) 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 in Dona Ana County 
administered by the Bureau of Land Management not designated as 
wilderness by subsection (a)--
            (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--
                    (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.

SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS.

    (a) Establishment.--The following areas in the State are 
established as National Conservation Areas:
            (1) Organ mountains national conservation area.--Certain 
        land administered by the Bureau of Land Management in Dona Ana 
        County comprising approximately 84,000 acres, as generally 
        depicted on the map entitled ``Organ Mountains National 
        Conservation Area'' and dated May 18, 2011, which shall be 
        known as the ``Organ Mountains National Conservation Area''.
            (2) Desert peaks national conservation area.--Certain land 
        administered by the Bureau of Land Management in Dona Ana 
        County comprising approximately 75,550 acres, as generally 
        depicted on the map entitled ``Desert Peaks National 
        Conservation Area'' and dated May 18, 2010, which shall be 
        known as the ``Desert Peaks National Conservation Area''.
    (b) Purposes.--The purposes of the Conservation Areas are to 
conserve, protect, and enhance for the benefit and enjoyment of present 
and future generations the cultural, archaeological, natural, 
geological, historical, ecological, watershed, wildlife, educational, 
recreational, and scenic resources of the Conservation Areas.
    (c) Management.--
            (1) In general.--The Secretary shall manage the 
        Conservation Areas--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the Conservation Areas; 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 Areas 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 Areas 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 Areas after 
                        the date of enactment of this Act unless the 
                        road is necessary for public safety or natural 
                        resource protection.
                    (C) Grazing.--The Secretary shall permit grazing 
                within the Conservation Areas, 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) Utility right-of-way upgrades.--Nothing in this 
                section precludes the Secretary from renewing or 
                authorizing the upgrading (including widening) of a 
                utility right-of-way in existence as of the date of 
                enactment of this Act through the Organ Mountains 
                National Conservation Area in a manner that minimizes 
                harm to the purposes of the Conservation Area described 
                in subsection (b)--
                            (i) in accordance with--
                                    (I) the National Environmental 
                                Policy Act of 1969 (42 U.S.C. 4321 et 
                                seq.); and
                                    (II) any other applicable law; and
                            (ii) subject to such terms and conditions 
                        as the Secretary determines to be appropriate.
    (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 each of the Conservation Areas.
            (2) Consultation.--The management plans shall be developed 
        in consultation with--
                    (A) interested Federal agencies;
                    (B) State, tribal, and local governments; and
                    (C) the public.
            (3) Considerations.--In preparing and implementing the 
        management plans, the Secretary shall consider the 
        recommendations of Indian tribes and pueblos on methods for 
        providing access to, and protection for, traditional cultural 
        and religious sites in the Conservation Areas.
    (e) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land that is within the boundary of a Conservation Area 
designated by subsection (a) that is acquired by the United States 
shall--
            (1) become part of the Conservation Area within the 
        boundaries of which the land is located; and
            (2) be managed in accordance with--
                    (A) this Act; and
                    (B) any other applicable laws.
    (f) Transfer of Administrative Jurisdiction.--On the date of 
enactment of this Act, administrative jurisdiction over the 
approximately 2,050 acres of land generally depicted as ``Transfer from 
DOD to BLM'' on the map entitled ``Organ Mountains National 
Conservation Area'' and dated May 18, 2011, shall--
            (1) be transferred from the Secretary of Defense to the 
        Secretary;
            (2) become part of the Organ Mountains National 
        Conservation Area; and
            (3) be managed in accordance with--
                    (A) this Act; and
                    (B) any other applicable laws.

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 maps and legal 
        descriptions of the Conservation Areas and the wilderness areas 
        designated by this Act 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 maps 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 maps and legal descriptions.
            (3) Public availability.--The maps 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 Areas 
and the wilderness areas designated by this Act 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 establish periods during which, hunting, or fishing shall 
not be allowed for reasons of public safety, administration, the 
protection for nongame species and their habitats, or public use and 
enjoyment.
    (d) Withdrawals.--
            (1) In general.--Subject to valid existing rights, the 
        Federal land within the Conservation Areas, the wilderness 
        areas designated by this Act, and any land or interest in land 
        that is acquired by the United States in the Conservation Areas 
        or wilderness areas after the date of enactment of this Act is 
        withdrawn from--
                    (A) 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.
            (2) Parcel a.--The approximately 1,300 acres of land 
        generally depicted as ``Parcel A'' on the map entitled ``Organ 
        Mountains National Conservation Area'' and dated May 18, 2011, 
        is withdrawn in accordance with paragraph (1), except that the 
        land is not withdrawn from disposal under the Act of June 14, 
        1926 (commonly known as the ``Recreation and Public Purposes 
        Act'') (43 U.S.C. 869 et seq.).
            (3) Parcel b.--The approximately 6,500 acres of land 
        generally depicted as ``Parcel B'' on the map entitled ``Organ 
        Mountains National Conservation Area'' and dated May 18, 2011, 
        is withdrawn in accordance with paragraph (1), except that the 
        land is not withdrawn for purposes of the issuance of oil and 
        gas pipeline rights-of-way.

SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

    Section 2103 of the Omnibus Public Land Management Act of 2009 (16 
U.S.C. 431 note; Public Law 111-11; 123 Stat. 1097) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Description of Land.--The Monument shall consist of 
approximately 5,750 acres of public land in Dona Ana County, New 
Mexico, as generally depicted on the map entitled `Desert Peaks 
National Conservation Area' and dated May 18, 2010.''.

SEC. 7. BORDER SECURITY.

    (a) In General.--Nothing in this Act--
            (1) prevents the Secretary of Homeland Security from 
        undertaking law enforcement and border security activities, in 
        accordance with section 4(c) of the Wilderness Act (16 U.S.C. 
        1133(c)), within the areas designated as wilderness by this 
        Act, including the ability to use motorized access within a 
        wilderness area while in pursuit of a suspect;
            (2) affects the 2006 Memorandum of Understanding among the 
        Department of Homeland Security, the Department of the 
        Interior, and the Department of Agriculture regarding 
        cooperative national security and counterterrorism efforts on 
        Federal land along the borders of the United States; or
            (3) prevents the Secretary of Homeland Security from 
        conducting any low-level overflights over the wilderness areas 
        designated by this Act that may be necessary for law 
        enforcement and border security purposes.
    (b) Restricted Use Area.--
            (1) Withdrawal.--The area identified as ``Restricted Use 
        Area'' on the map entitled ``Potrillo Mountains Complex'' and 
        dated May 18, 2010, is withdrawn in accordance with section 
        5(d)(1).
            (2) Administration.--Except as provided in paragraphs (3) 
        and (4), the Secretary shall administer the area described in 
        paragraph (1) in a manner that, to the maximum extent 
        practicable, protects the wilderness character of the area.
            (3) Use of motor vehicles.--The use of motor vehicles, 
        motorized equipment, and mechanical transport shall be 
        prohibited in the area described in paragraph (1) except as 
        necessary for--
                    (A) the administration of the area (including the 
                conduct of law enforcement and border security 
                activities in the area); or
                    (B) grazing uses by authorized permittees.
            (4) Effect of subsection.--Nothing in this subsection 
        precludes the Secretary from allowing within the area described 
        in paragraph (1) the installation and maintenance of 
        communication or surveillance infrastructure necessary for law 
        enforcement or border security activities.
    (c) Restricted Route.--The route excluded from the Potrillo 
Mountains Wilderness identified as ``Restricted--Administrative 
Access'' on the map entitled ``Potrillo Mountains Complex'' and dated 
May 18, 2010, shall be--
            (1) closed to public access; but
            (2) available for administrative and law enforcement uses, 
        including border security activities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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