[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 241 Reported in Senate (RS)]

                                                       Calendar No. 108
113th CONGRESS
  1st Session
                                 S. 241

                          [Report No. 113-54]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 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

                             June 27, 2013

 Reported by Mr. Wyden, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish the 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Rio Grande del Norte 
National Conservation Area Establishment Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Conservation area.--The term ``Conservation 
        Area'' means the Rio Grande del Norte National Conservation 
        Area established by section 3(a)(1).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Management plan.--The term ``management plan'' 
        means the management plan for the Conservation Area developed 
        under section 3(d).</DELETED>
        <DELETED>    (4) Map.--The term ``map'' means the map entitled 
        ``Rio Grande del Norte National Conservation Area'' and dated 
        May 22, 2012.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means the State of 
        New Mexico.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.</DELETED>

<DELETED>    (a) Establishment.--</DELETED>
        <DELETED>    (1) In general.--There is established the Rio 
        Grande del Norte National Conservation Area in the 
        State.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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, 
ecological, geological, historical, wildlife, educational, 
recreational, and scenic resources of the Conservation Area.</DELETED>
<DELETED>    (c) Management.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall manage the 
        Conservation Area--</DELETED>
                <DELETED>    (A) in a manner that conserves, protects, 
                and enhances the resources of the Conservation Area; 
                and</DELETED>
                <DELETED>    (B) in accordance with--</DELETED>
                        <DELETED>    (i) the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1701 et 
                        seq.);</DELETED>
                        <DELETED>    (ii) this Act; and</DELETED>
                        <DELETED>    (iii) any other applicable 
                        laws.</DELETED>
        <DELETED>    (2) Uses.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Use of motorized vehicles.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (C) Grazing.--The Secretary shall permit 
                grazing within the Conservation Area, where established 
                before the date of enactment of this Act--</DELETED>
                        <DELETED>    (i) subject to all applicable laws 
                        (including regulations) and Executive orders; 
                        and</DELETED>
                        <DELETED>    (ii) consistent with the purposes 
                        described in subsection (b).</DELETED>
                <DELETED>    (D) Collection of pinon nuts and 
                firewood.--Nothing in this section precludes the 
                traditional collection of firewood and pinon nuts for 
                noncommercial personal use within the Conservation 
                Area--</DELETED>
                        <DELETED>    (i) in accordance with any 
                        applicable laws; and</DELETED>
                        <DELETED>    (ii) subject to such terms and 
                        conditions as the Secretary determines to be 
                        appropriate.</DELETED>
                <DELETED>    (E) Utility right-of-way upgrades.--
                Nothing in this section precludes the Secretary from 
                renewing or authorizing the upgrading (including 
                widening) of an existing utility right-of-way through 
                the Conservation Area in a manner that minimizes harm 
                to the purposes of the Conservation Area described in 
                subsection (b)--</DELETED>
                        <DELETED>    (i) in accordance with--</DELETED>
                                <DELETED>    (I) the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.); and</DELETED>
                                <DELETED>    (II) any other applicable 
                                law; and</DELETED>
                        <DELETED>    (ii) subject to such terms and 
                        conditions as the Secretary determines to be 
                        appropriate.</DELETED>
                <DELETED>    (F) Tribal cultural uses.--</DELETED>
                        <DELETED>    (i) Access.--The Secretary shall, 
                        in consultation with Indian tribes or pueblos--
                        </DELETED>
                                <DELETED>    (I) ensure the protection 
                                of religious and cultural sites in the 
                                Conservation Area; and</DELETED>
                                <DELETED>    (II) provide 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).</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (d) Management Plan.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Consultation.--The management plan shall be 
        developed in consultation with--</DELETED>
                <DELETED>    (A) State and local governments;</DELETED>
                <DELETED>    (B) tribal governmental 
                entities;</DELETED>
                <DELETED>    (C) land grant communities; and</DELETED>
                <DELETED>    (D) the public.</DELETED>
        <DELETED>    (4) Considerations.--In preparing and implementing 
        the management plan, the Secretary shall consider the 
        recommendations of Indian tribes and pueblos on methods for--
        </DELETED>
                <DELETED>    (A) ensuring access to religious and 
                cultural sites;</DELETED>
                <DELETED>    (B) enhancing the privacy and continuity 
                of traditional cultural and religious activities in the 
                Conservation Area; and</DELETED>
                <DELETED>    (C) protecting traditional cultural and 
                religious sites in the Conservation Area.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) become part of the Conservation Area; 
        and</DELETED>
        <DELETED>    (2) be managed in accordance with--</DELETED>
                <DELETED>    (A) this Act; and</DELETED>
                <DELETED>    (B) any other applicable laws.</DELETED>
<DELETED>    (f) Special Management Areas.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) managed as an area of critical 
                environmental concern.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. DESIGNATION OF WILDERNESS AREAS.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) any reference in the Wilderness Act to the 
        Secretary of Agriculture shall be considered to be a reference 
        to the Secretary.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) become part of the wilderness area in which 
        the land is located; and</DELETED>
        <DELETED>    (2) be managed in accordance with--</DELETED>
                <DELETED>    (A) the Wilderness Act (16 U.S.C. 1131 et 
                seq.);</DELETED>
                <DELETED>    (B) this Act; and</DELETED>
                <DELETED>    (C) any other applicable laws.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) section 4(d)(4) of the Wilderness Act (16 
        U.S.C. 1133(d)(4)); and</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (e) Buffer Zones.--</DELETED>
        <DELETED>    (1) In general.--Nothing in this section creates a 
        protective perimeter or buffer zone around any wilderness area 
        designated by subsection (a).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) has been adequately studied for wilderness 
        designation;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) shall be managed in accordance with this 
        Act.</DELETED>

<DELETED>SEC. 5. GENERAL PROVISIONS.</DELETED>

<DELETED>    (a) Maps and Legal Descriptions.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Energy and Natural 
                Resources of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) entry, appropriation, or disposal under the 
        public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) operation of the mineral leasing, mineral 
        materials, and geothermal leasing laws.</DELETED>
<DELETED>    (e) Treaty Rights.--Nothing in this Act enlarges, 
diminishes, or otherwise modifies any treaty rights.</DELETED>

<DELETED>SEC. 6. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cerros del Norte Conservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Rio 
        Grande del Norte National Monument Proposed Wilderness Areas'' 
        and dated May 2, 2013.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 3(a).

SEC. 3. DESIGNATION OF RIO GRANDE DEL NORTE WILDERNESS AREAS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the Rio Grande del Norte National 
Monument 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 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 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, 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 Act creates a protective 
        perimeter or buffer zone around the wilderness areas.
            (2) Activities outside wilderness areas.--The fact that an 
        activity or use on land outside a wilderness area 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.
    (g) 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 wilderness areas 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.
    (h) National Landscape Conservation System.--The wilderness areas 
shall be administered as components of the National Landscape 
Conservation System.
    (i) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State of New Mexico with respect to fish and 
wildlife located on public land in the State.
    (j) Withdrawals.--Subject to valid existing rights, any Federal 
land within the wilderness areas designated by subsection (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.
    (k) Treaty Rights.--Nothing in this Act enlarges, diminishes, or 
otherwise modifies any treaty rights.
            Amend the title so as to read: ``A bill to establish 
        certain wilderness areas in the Rio Grande del Norte National 
        Monument, New Mexico, and for other purposes.''.
                                                       Calendar No. 108

113th CONGRESS

  1st Session

                                 S. 241

                          [Report No. 113-54]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 27, 2013

        Reported with an amendment and an amendment to the title