[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3332-S3334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4330. Mr. UDALL submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle J--Organ Mountains-Desert Peaks
SEC. 1099A. DEFINITIONS.
In this subtitle:
(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 1099B(a).
SEC. 1099B. 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 19, 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 Wilderness'' and dated April 19,
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 19,
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 19,197 acres, as generally depicted
on the map entitled ``Organ Mountains Area'' and dated April
19, 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 19, 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 19, 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 19, 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 19, 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 subtitle, 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 subtitle; 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 subtitle; 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 subtitle 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 subtitle 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
[[Page S3333]]
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 6,500 acres of land
generally depicted as ``Parcel B'' on the map entitled
``Organ Mountains Area'' and dated April 19, 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 1,300 acres of land
generally depicted as ``Parcel C'' on the map entitled
``Organ Mountains Area'' and dated April 19, 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 2,050 acres of land generally depicted as
``Parcel D'' on the map entitled ``Organ Mountains Area'' and
dated April 19, 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 19, 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 subtitle; and
(C) any other applicable laws.
SEC. 1099C. BORDER SECURITY.
(a) In General.--Nothing in this subtitle--
(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
19, 2016, is withdrawn in accordance with section
1099B(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 19, 2016, shall be--
(1) closed to public access; but
(2) available for administrative and law enforcement uses,
including border security activities.
SEC. 1099D. 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.--
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(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
and 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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