[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1805 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1805

To designate the Organ Mountains and other public land as components of 
the National Wilderness Preservation System in the State of New Mexico, 
 to establish the Organ Mountains--Desert Peaks National Monument, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

 Mr. Udall of New Mexico (for himself and Mr. Heinrich) 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 in the State of New Mexico, 
 to establish the Organ Mountains--Desert Peaks National Monument, 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--Desert Peaks 
Conservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Management plan.--The term ``management plan'' means 
        the management plan for the Monument developed under section 
        4(d).
            (2) Monument.--The term ``Monument'' means the Organ 
        Mountains--Desert Peaks National Monument established by 
        section 4(a).
            (3) Public land order.--The term ``Public Land Order'' 
        means the Public Land Order 833, dated May 21, 1952 (17 Fed. 
        Reg. 4822).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) 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 27,673 acres, as generally depicted on the map 
        entitled ``Potrillo Mountains Complex'' and dated December 10, 
        2013, 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 13,902 acres, as generally depicted on the map 
        entitled ``Desert Peaks Wilderness'' and dated December 10, 
        2013, 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 16,935 acres, as generally depicted on the map 
        entitled ``Potrillo Mountains Complex'' and dated December 10, 
        2013, 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 19,197 acres, as generally depicted on the map 
        entitled ``Organ Mountains Area'' and dated December 10, 2013, 
        which shall be known as the ``Organ Mountains Wilderness'', the 
        boundary of which shall be offset 400 feet from the centerline 
        of Dripping Springs Road in T. 23 S., R. 04 E., sec. 7, New 
        Mexico Principal Meridian.
            (5) Potrillo mountains wilderness.--Certain land 
        administered by the Bureau of Land Management in Dona Ana and 
        Luna counties comprising approximately 125,854 acres, as 
        generally depicted on the map entitled ``Potrillo Mountains 
        Complex'' and dated December 10, 2013, 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 16,776 acres, as generally 
        depicted on the map entitled ``Desert Peaks Complex'' and dated 
        December 10, 2013, 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 11,114 acres, as generally 
        depicted on the map entitled ``Desert Peaks Complex'' and dated 
        December 10, 2013, 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 9,616 acres, as generally depicted on 
        the map entitled ``Potrillo Mountains Complex'' and dated 
        December 10, 2013, 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) Paragliding.--The use of paragliding within areas of the 
Potrillo Mountains Wilderness designated by subsection (a)(5) in which 
the use has been established before the date of enactment of this Act, 
shall be allowed to continue in accordance with section 4(d)(1) of the 
Wilderness Act (16 U.S.C. 1133(d)(1)), subject to any terms and 
conditions that the Secretary determines to be necessary.
    (h) 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 Complex'' and dated 
                December 10, 2013, 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.).
    (i) 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 MONUMENT.

    (a) Establishment.--There is established as a National Monument in 
the State certain land administered by the Bureau of Land Management in 
Dona Ana County comprising approximately 498,815 acres, as generally 
depicted on the maps entitled ``Organ Mountains Area'', ``Potrillo 
Mountains Complex'', and ``Desert Peaks Complex'' and dated December 
10, 2013, to be known as the ``Organ Mountains-Desert Peaks National 
Monument''.
    (b) Purpose.--The purpose of the Monument is to conserve, protect, 
and enhance for the benefit and enjoyment of present and future 
generations the cultural, archaeological, historical, natural, 
wildlife, geological, ecological, watershed, educational, scenic, and 
recreational resources and values of the Monument.
    (c) Management.--
            (1) In general.--The Secretary (acting through the Director 
        of the Bureau of Land Management) shall manage the Monument--
                    (A) in a manner that conserves, protects, and 
                enhances the resources of the Monument; 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 Monument that the Secretary determines 
                would further the purpose 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 
                        Monument 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 Monument 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 Monument, 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 purpose 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 Monument in a manner 
                that minimizes harm to the purpose of the Monument 
                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.
                    (E) Right-of-way.--Subject to applicable law, the 
                Secretary may issue rights-of-way for watershed 
                restoration projects and small-scale flood prevention 
                projects within the boundary of the Monument if the 
                right-of-way is consistent with the purpose of the 
                Monument described in subsection (b).
    (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 Monument.
            (2) Consultation.--The management plan 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 plan, the Secretary shall--
                    (A) consider the recommendations of Indian tribes 
                and pueblos on methods for providing access to, and 
                protection for, traditional cultural and religious 
                sites in the Monument; and
                    (B) include a watershed health assessment to 
                identify opportunities for watershed restoration.
    (e) Incorporation of Acquired Land and Interests in Land.--
            (1) In general.--Any land or interest in land that is 
        within the boundary of the Monument designated by subsection 
        (a) or within the State trust land described in paragraph (2) 
        that is acquired by the United States shall--
                    (A) become part of the Monument; and
                    (B) be managed in accordance with--
                            (i) this Act; and
                            (ii) any other applicable laws.
            (2) Description of state trust land.--The State trust land 
        referred to in paragraph (1) is the State trust land in T. 22 
        S., R 01 W., New Mexico Principal Meridian and T. 22 S., R. 02 
        W., New Mexico Principal Meridian.
    (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 ``Parcel D'' on 
the map entitled ``Organ Mountains Area'' and dated December 10, 2013, 
shall--
            (1) be transferred from the Secretary of Defense to the 
        Secretary;
            (2) become part of the Monument; 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 Monument 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 Monument 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, no hunting or fishing shall 
be permitted for reasons of public safety, administration, or 
compliance with applicable law.
    (d) Withdrawals.--
            (1) In general.--Subject to valid existing rights, the 
        Federal land within the Monument, the wilderness areas 
        designated by this Act, and any land or interest in land that 
        is acquired by the United States in the Monument 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 Area'' and dated December 10, 2013, 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 Area'' and dated December 10, 2013, 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.
    (e) Climatologic Data Collection.--Subject to such terms and 
conditions as the Secretary may prescribe, nothing in this Act 
precludes the installation and maintenance of hydrologic, meteorologic, 
or climatologic collection devices in the Monument or wilderness areas 
designated by section 3(a) if the facilities and access to the 
facilities are essential to flood warning, flood control, or water 
reservoir operation activities.

SEC. 6. 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) Withdrawal and Administration of Certain Area.--
            (1) Withdrawal.--The area identified as ``Parcel E'' on the 
        map entitled ``Potrillo Mountains Complex'' and dated December 
        10, 2013, 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 
December 10, 2013, shall be--
            (1) closed to public access; but
            (2) available for administrative and law enforcement uses, 
        including border security activities.

SEC. 7. 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 
Complex' and dated December 10, 2013.''.

SEC. 8. RESERVATION OF LAND FOR MILITARY PURPOSES.

    (a) Reservation.--The approximately 5,100 acres of land generally 
depicted as ``Parcel C'' on the map entitled ``Organ Mountains Area'' 
and dated December 10, 2013, is reserved for use by the Secretary of 
the Army for military purposes, in accordance with the Public Land 
Order.
    (b) Withdrawal.--Subject to valid existing rights, the land 
described in subsection (a) 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.
    (c) Modification of Public Land Order.--The Public Land Order is 
modified to exclude the land described in section 4(f).
    (d) Publication in Federal Register.--As soon as practicable after 
the date of enactment of this Act, the Secretary shall publish in the 
Federal Register--
            (1) a legal description of the land described in section 
        4(f);
            (2) a legal description of the land described in subsection 
        (a);
            (3) a description of the withdrawal of land under 
        subsection (b); and
            (4) a description of the modifications to the Public Land 
        Order under subsection (c).
    (e) Reimbursement of Costs.--The Secretary of the Army shall 
reimburse the Secretary for any costs incurred by the Secretary in 
carrying out this section.

SEC. 9. LAND EXCHANGES.

    (a) In General.--Subject to subsections (c) through (f), the 
Secretary shall attempt to enter into an agreement to initiate an 
exchange under section 2201.1 of title 43, Code of Federal Regulations 
(or successor regulations), with the Commissioner of Public Lands of 
New Mexico, by the date that is 18 months after the date of enactment 
of this Act, to provide for a conveyance to the State of all right, 
title, and interest of the United States in and to Bureau of Land 
Management land in the State identified under subsection (b) in 
exchange for the conveyance by the State to the Secretary of all right, 
title, and interest of the State in and to parcels of State trust land 
within the boundary of the Monument identified under that subsection or 
described in section 4(e)(2).
    (b) Identification of Land for Exchange.--The Secretary and the 
Commissioner of Public Lands of New Mexico shall jointly identify the 
Bureau of Land Management land and State trust and eligible for 
exchange under this section, the exact acreage and legal description of 
which shall be determined by surveys approved by the Secretary and the 
New Mexico State Land Office.
    (c) Applicable Law.--A land exchange under subsection (a) shall be 
carried out in accordance with section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716).
    (d) Conditions.--A land exchange under subsection (a) shall be 
subject to--
            (1) valid existing rights; and
            (2) such terms as the Secretary and the State shall 
        establish.
    (e) Valuation, Appraisals, and Equalization.--
            (1) In general.--The value of the Bureau of Land Management 
        land and the State trust land to be conveyed in a land exchange 
        under this subsection--
                    (A) shall be equal, as determined by appraisals 
                conducted in accordance with paragraph (2); or
                    (B) if not equal, shall be equalized in accordance 
                with paragraph (3).
            (2) Appraisals.--
                    (A) In general.--The Bureau of Land Management land 
                and State trust land to be exchanged under this section 
                shall be appraised by an independent, qualified 
                appraiser that is agreed to by the Secretary and the 
                State.
                    (B) Requirements.--An appraisal under subparagraph 
                (A) shall be conducted in accordance with--
                            (i) the Uniform Appraisal Standards for 
                        Federal Land Acquisitions; and
                            (ii) the Uniform Standards of Professional 
                        Appraisal Practice.
            (3) Equalization.--
                    (A) In general.--If the value of the Bureau of Land 
                Management land and the State trust land to be conveyed 
                in a land exchange under this section is not equal, the 
                value may be equalized by--
                            (i) making a cash equalization payment to 
                        the Secretary or to the State, as appropriate, 
                        in accordance with section 206(b) of the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1716(b)); or
                            (ii) reducing the acreage of the Bureau of 
                        Land Management land or State trust land to be 
                        exchanged, as appropriate.
                    (B) Cash equalization payments.--Any cash 
                equalization payments received by the Secretary under 
                subparagraph (A)(i) shall be--
                            (i) deposited in the Federal Land Disposal 
                        Account established by section 206(a) of the 
                        Federal Land Transaction Facilitation Act (43 
                        U.S.C. 2305(a)); and
                            (ii) used in accordance with that Act.
    (f) Limitation.--No exchange of land shall be conducted under this 
section unless mutually agreed to by the Secretary and the State.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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