[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 441 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 441

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 17 (legislative day, February 16), 2017

Mr. Udall (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, 
                        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) Monument.--The term ``Monument'' means the Organ 
        Mountains-Desert Peaks National Monument established by 
        Presidential Proclamation 9131 (79 Fed. Reg. 30431).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of New 
        Mexico.
            (4) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 3(a).

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 April 18, 
        2016, 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 Complex'' and dated April 13, 2016, 
        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 April 18, 
        2016, 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 19,916 acres, as generally depicted on the map 
        entitled ``Organ Mountains Area'' and dated September 21, 2016, 
        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 April 18, 2016, 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 
        April 13, 2016, 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 
        April 13, 2016, 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 April 
        18, 2016, which shall be known as the ``Whitethorn 
        Wilderness''.
    (b) 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 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 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.
    (c) Management.--Subject to valid existing rights, the wilderness 
areas shall be administered by the Secretary--
            (1) as components of the National Landscape Conservation 
        System; and
            (2) in accordance with--
                    (A) this Act; and
                    (B) the Wilderness Act (16 U.S.C. 1131 et seq.), 
                except that--
                            (i) 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
                            (ii) any reference in the Wilderness Act to 
                        the Secretary of Agriculture shall be 
                        considered to be a reference to the Secretary 
                        of the Interior.
    (d) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land that is within the boundary of a wilderness area 
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.
    (e) 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).
    (f) Military Overflights.--Nothing in this section restricts or 
precludes--
            (1) low-level overflights of military aircraft over the 
        wilderness areas, 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; or
            (3) the use or establishment of military flight training 
        routes over the wilderness areas.
    (g) Buffer Zones.--
            (1) In general.--Nothing in this section creates a 
        protective perimeter or buffer zone around any wilderness area.
            (2) Activities outside wilderness areas.--The fact that an 
        activity or use on land outside any 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.
    (h) 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.
    (i) 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 wilderness areas if the 
facilities and access to the facilities are essential to flood warning, 
flood control, or water reservoir operation activities.
    (j) 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.
    (k) Withdrawals.--
            (1) In general.--Subject to valid existing rights, the 
        Federal land within the wilderness areas and any land or 
        interest in land that is acquired by the United States in the 
        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 b.--The approximately 6,498 acres of land 
        generally depicted as ``Parcel B'' on the map entitled ``Organ 
        Mountains Area'' and dated September 21, 2016, 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.
            (3) Parcel c.--The approximately 1,297 acres of land 
        generally depicted as ``Parcel C'' on the map entitled ``Organ 
        Mountains Area'' and dated September 21, 2016, 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.).
            (4) Parcel d.--
                    (A) In general.--The Secretary of the Army shall 
                allow for the conduct of certain recreational 
                activities on the approximately 2,035 acres of land 
                generally depicted as ``Parcel D'' on the map entitled 
                ``Organ Mountains Area'' and dated September 21, 2016 
                (referred to in this paragraph as the ``parcel''), 
                which is a portion of the public land withdrawn and 
                reserved for military purposes by Public Land Order 833 
                dated May 21, 1952 (17 Fed. Reg. 4822).
                    (B) Outdoor recreation plan.--
                            (i) In general.--The Secretary of the Army 
                        shall develop a plan for public outdoor 
                        recreation on the parcel that is consistent 
                        with the primary military mission of the 
                        parcel.
                            (ii) Requirement.--In developing the plan 
                        under clause (i), the Secretary of the Army 
                        shall ensure, to the maximum extent 
                        practicable, that outdoor recreation activities 
                        may be conducted on the parcel, including: 
                        hunting, hiking, wildlife viewing, and camping.
                    (C) Closures.--The Secretary of the Army may close 
                the parcel or any portion of the parcel to the public 
                as the Secretary of the Army determines to be necessary 
                to protect--
                            (i) public safety; or
                            (ii) the safety of the military members 
                        training on the parcel.
                    (D) Transfer of administrative jurisdiction; 
                withdrawal.--
                            (i) In general.--On a determination by the 
                        Secretary of the Army that military training 
                        capabilities, personnel safety, and 
                        installation security would not be hindered as 
                        a result of the transfer to the Secretary of 
                        administrative jurisdiction over the parcel, 
                        the Secretary of the Army shall transfer to the 
                        Secretary administrative jurisdiction over the 
                        parcel.
                            (ii) Withdrawal.--On transfer of the parcel 
                        under clause (i), the parcel shall be--
                                    (I) under the jurisdiction of the 
                                Director of the Bureau of Land 
                                Management; and
                                    (II) withdrawn from--
                                            (aa) entry, appropriation, 
                                        or disposal under the public 
                                        land laws;
                                            (bb) location, entry, and 
                                        patent under the mining laws; 
                                        and
                                            (cc) operation of the 
                                        mineral leasing, mineral 
                                        materials, and geothermal 
                                        leasing laws.
                            (iii) Reservation.--On transfer under 
                        clause (i), the parcel shall be reserved for 
                        management of the resources of, and military 
                        training conducted on, the parcel in accordance 
                        with a memorandum of understanding entered into 
                        under subparagraph (E).
                    (E) Memorandum of understanding relating to 
                military training.--
                            (i) In general.--If, after the transfer of 
                        the parcel under subparagraph (D)(i), the 
                        Secretary of the Army requests that the 
                        Secretary enter into a memorandum of 
                        understanding, the Secretary shall enter into a 
                        memorandum of understanding with the Secretary 
                        of the Army providing for the conduct of 
                        military training on the parcel.
                            (ii) Requirements.--The memorandum of 
                        understanding entered into under clause (i) 
                        shall--
                                    (I) address the location, 
                                frequency, and type of training 
                                activities to be conducted on the 
                                parcel;
                                    (II) provide to the Secretary of 
                                the Army access to the parcel for the 
                                conduct of military training;
                                    (III) authorize the Secretary or 
                                the Secretary of the Army to close the 
                                parcel or a portion of the parcel to 
                                the public as the Secretary or the 
                                Secretary of the Army determines to be 
                                necessary to protect--
                                            (aa) public safety; or
                                            (bb) the safety of the 
                                        military members training; and
                                    (IV) to the maximum extent 
                                practicable, provide for the protection 
                                of natural, historic, and cultural 
                                resources in the area of the parcel.
                    (F) Military overflights.--Nothing in this 
                paragraph restricts or precludes--
                            (i) low-level overflights of military 
                        aircraft over the parcel, including military 
                        overflights that can be seen or heard within 
                        the parcel;
                            (ii) the designation of new units of 
                        special airspace over the parcel; or
                            (iii) the use or establishment of military 
                        flight training routes over the parcel.
    (l) 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 
                April 13, 2016, 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.).
    (m) 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. 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 wilderness areas, 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 
        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 A'' on the 
        map entitled ``Potrillo Mountains Complex'' and dated April 18, 
        2016, is withdrawn in accordance with section 3(k)(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 
April 18, 2016, shall be--
            (1) closed to public access; but
            (2) available for administrative and law enforcement uses, 
        including border security activities.

SEC. 5. ORGAN MOUNTAINS-DESERT PEAKS NATIONAL MONUMENT.

    (a) Management Plan.--In preparing and implementing the management 
plan for the Monument, the Secretary shall include a watershed health 
assessment to identify opportunities for watershed restoration.
    (b) Incorporation of Acquired State Trust Land and Interests in 
State Trust Land.--
            (1) In general.--Any land or interest in land that is 
        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) Presidential Proclamation 9131 (79 Fed. 
                        Reg. 30431); 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.
    (c) Land Exchanges.--
            (1) In general.--Subject to paragraphs (3) through (6), 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 paragraph (2) 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 
        paragraph or described in subsection (b)(2).
            (2) 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 
        land eligible for exchange under this subsection, the exact 
        acreage and legal description of which shall be determined by 
        surveys approved by the Secretary and the New Mexico State Land 
        Office.
            (3) Applicable law.--A land exchange under paragraph (1) 
        shall be carried out in accordance with section 206 of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1716).
            (4) Conditions.--A land exchange under paragraph (1) shall 
        be subject to--
                    (A) valid existing rights; and
                    (B) such terms as the Secretary and the State shall 
                establish.
            (5) Valuation, appraisals, and equalization.--
                    (A) 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--
                            (i) shall be equal, as determined by 
                        appraisals conducted in accordance with 
                        subparagraph (B); or
                            (ii) if not equal, shall be equalized in 
                        accordance with subparagraph (C).
                    (B) Appraisals.--
                            (i) In general.--The Bureau of Land 
                        Management land and State trust land to be 
                        exchanged under this subsection shall be 
                        appraised by an independent, qualified 
                        appraiser that is agreed to by the Secretary 
                        and the State.
                            (ii) Requirements.--An appraisal under 
                        clause (i) shall be conducted in accordance 
                        with--
                                    (I) the Uniform Appraisal Standards 
                                for Federal Land Acquisitions; and
                                    (II) the Uniform Standards of 
                                Professional Appraisal Practice.
                    (C) Equalization.--
                            (i) 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 subsection 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.
                            (ii) Cash equalization payments.--Any cash 
                        equalization payments received by the Secretary 
                        under clause (i)(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.
            (6) Limitation.--No exchange of land shall be conducted 
        under this subsection unless mutually agreed to by the 
        Secretary and the State.
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