[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Page S3492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 410. Mr. UDALL submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 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 subtitle H of title X, add the following:

     SEC. 10____. CHACO CULTURAL HERITAGE AREA PROTECTION.

       (a) Definitions.--In this section:
       (1) Covered lease.--The term ``covered lease'' means any 
     oil and gas lease for Federal land--
       (A) on which drilling operations have not been commenced 
     before the end of the primary term of the applicable lease;
       (B) that is not producing oil or gas in paying quantities; 
     and
       (C) that is not subject to a valid cooperative or unit plan 
     of development or operation certified by the Secretary to be 
     necessary.
       (2) Federal land.--
       (A) In general.--The term ``Federal land'' means--
       (i) any Federal land or interest in Federal land that is 
     within the boundaries of the Chaco Cultural Heritage 
     Withdrawal Area, as depicted on the Map; and
       (ii) any land or interest in land located within the 
     boundaries of the Chaco Cultural Heritage Withdrawal Area, as 
     depicted on the Map, that is acquired by the Federal 
     Government after the date of enactment of this Act.
       (B) Exclusion.--The term ``Federal land'' does not include 
     trust land (as defined in section 3765 of title 38, United 
     States Code).
       (3) Map.--The term ``Map'' means the map prepared by the 
     Bureau of Land Management entitled ``Chaco Cultural Heritage 
     Withdrawal Area'' and dated April 2, 2019.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Withdrawal of Certain Federal Land in the State of New 
     Mexico.--
       (1) In general.--Subject to any valid existing rights, the 
     Federal land is withdrawn from--
       (A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (B) location, entry, and patent under mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Availability of map.--The Map shall be made available 
     for inspection at each appropriate office of the Bureau of 
     Land Management.
       (3) Conveyance of federal land to indian tribes.--
     Notwithstanding paragraph (1), the Secretary may convey the 
     Federal land to, or exchange the Federal land with, an Indian 
     Tribe in accordance with a resource management plan that is 
     approved as of the date of enactment of this Act, as 
     subsequently developed, amended, or revised in accordance 
     with the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.) and any other applicable law.
       (c) Oil and Gas Lease Management.--
       (1) Termination of non-producing leases.--A covered lease--
       (A) shall automatically terminate by operation of law 
     pursuant to section 17(e) of the Mineral Leasing Act (30 
     U.S.C. 226(e)) and subpart 3108 of title 43, Code of Federal 
     Regulations (or successor regulations); and
       (B) may not be extended by the Secretary.
       (2) Withdrawal of terminated, relinquished, or acquired 
     leases.--Any portion of the Federal land subject to a covered 
     lease terminated under paragraph (1) or otherwise or 
     relinquished or acquired by the United States on or after the 
     date of enactment of this Act is withdrawn from--
       (A) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (B) location, entry, and patent undermining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (d) Effect.--Nothing in this section--
       (1) affects the mineral rights of an Indian Tribe or member 
     of an Indian Tribe to trust land or allotment land; or
       (2) precludes improvements to, or rights-of-way for water, 
     power, or road development on, the Federal land to assist 
     communities adjacent to or in the vicinity of the Federal 
     land.
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