[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Pages S5238-S5240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2967. Mr. HEINRICH submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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. 1095. DESIGNATION OF WILD AND SCENIC RIVERS.

       (a) Definitions.--In this section:
       (1) Covered segment.--The term ``covered segment'' means a 
     river segment designated by paragraph (233) of section 3(a) 
     of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 
     added by subsection (b)).
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, with respect to a 
     covered segment under the jurisdiction of the Secretary of 
     the Interior; and
       (B) the Secretary of Agriculture, with respect to a covered 
     segment under the jurisdiction of the Secretary of 
     Agriculture.
       (3) State.--The term ``State'' means the State of New 
     Mexico.
       (b) Designation of Segments.--Section 3(a) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at 
     the end the following:
       ``(233) Gila river system, new mexico.--The following 
     segments of the Gila River system in Las Animas Creek, Holden 
     Prong, and McKnight Canyon in the State of New Mexico, to be 
     administered by the Secretary concerned (as defined in 
     section 1095(a) of the National Defense Authorization Act for 
     Fiscal Year 2025) in the following classifications:
       ``(A) Apache creek.--The approximately 10.5-mile segment, 
     as generally depicted on the map entitled `Apache Creek' and 
     dated April 30, 2020, as a wild river.
       ``(B) Black canyon creek.--
       ``(i) The 11.8-mile segment, as generally depicted on the 
     map entitled `Black Canyon Creek' and dated April 30, 2020, 
     as a wild river.
       ``(ii) The 0.6-mile segment, as generally depicted on the 
     map entitled `Black Canyon Creek' and dated April 30, 2020, 
     as a recreational river.
       ``(iii) The 1.9-mile segment, as generally depicted on the 
     map entitled `Black Canyon Creek' and dated April 30, 2020, 
     as a recreational river.
       ``(iv) The 11-mile segment, as generally depicted on the 
     map entitled `Black Canyon Creek' and dated April 30, 2020, 
     as a wild river.
       ``(C) Diamond creek.--
       ``(i) The approximately 13.3-mile segment, as generally 
     depicted on the map entitled `Diamond Creek' and dated March 
     27, 2020, as a wild river.
       ``(ii) The approximately 4.7-mile segment, as generally 
     depicted on the map entitled `Diamond Creek' and dated March 
     27, 2020, as a wild river.
       ``(iii) The approximately 3.1-mile segment, as generally 
     depicted on the map entitled `Diamond Creek' and dated March 
     27, 2020, as a recreational river.
       ``(iv) The approximately 1.6-mile segment, as generally 
     depicted on the map entitled `Diamond Creek' and dated March 
     27, 2020, as a recreational river.
       ``(v) The approximately 4.1-mile segment, as generally 
     depicted on the map entitled `Diamond Creek' and dated March 
     27, 2020, as a wild river.
       ``(D) South diamond creek.--The approximately 16.1-mile 
     segment, as generally depicted on the map entitled `South 
     Diamond Creek' and dated March 27, 2020, as a wild river.
       ``(E) Gila river.--
       ``(i) The approximately 34.9-mile segment, as generally 
     depicted on the map entitled `Gila River' and dated April 30, 
     2020, as a wild river.
       ``(ii) The approximately 2.5-mile segment, as generally 
     depicted on the map entitled `Gila River' and dated April 30, 
     2020, as a recreational river.
       ``(iii) The approximately 3-mile segment, as generally 
     depicted on the map entitled `Gila River' and dated April 30, 
     2020, as a wild river.
       ``(F) Gila river, east fork.--The approximately 10.3-mile 
     segment, as generally depicted on the map entitled `East Fork 
     Gila River' and dated April 30, 2020, as a wild river.
       ``(G) Gila river, lower box.--
       ``(i) The approximately 3.1-mile segment, as generally 
     depicted on the map entitled `Gila River, Lower Box' and 
     dated April 21, 2020, as a recreational river.
       ``(ii) The approximately 6.1-mile segment, as generally 
     depicted on the map entitled `Gila River, Lower Box' and 
     dated April 21, 2020, as a wild river.
       ``(H) Gila river, middle box.--
       ``(i) The approximately 0.6-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box' and 
     dated April 30, 2020, as a recreational river.
       ``(ii) The approximately 0.4-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box'' and 
     dated April 30, 2020, as a recreational river.
       ``(iii) The approximately 0.3-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box' and 
     dated April 30, 2020, as a recreational river.
       ``(iv) The approximately 0.3-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box' and 
     dated April 30, 2020, as a recreational river.
       ``(v) The approximately 1.6-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box' and 
     dated April 30, 2020, as a recreational river.
       ``(vi) The approximately 9.8-mile segment, as generally 
     depicted on the map entitled `Gila River, Middle Box' and 
     dated April 30, 2020, as a wild river.
       ``(I) Gila river, middle fork.--
       ``(i) The approximately 1.2-mile segment, as generally 
     depicted on the map entitled `Middle Fork Gila River' and 
     dated May 1, 2020, as a recreational river.
       ``(ii) The approximately 35.5-mile segment, as generally 
     depicted on the map entitled `Middle Fork Gila River' and 
     dated May 1, 2020, as a wild river.
       ``(J) Gila river, west fork.--
       ``(i) The approximately 30.6-mile segment, as generally 
     depicted on the map entitled `West Fork Gila River' and dated 
     May 1, 2020, as a wild river.
       ``(ii) The approximately 4-mile segment, as generally 
     depicted on the map entitled `West Fork Gila River' and dated 
     May 1, 2020, as a recreational river.
       ``(K) Gilita creek.--The approximately 6.4-mile segment, as 
     generally depicted on the map entitled `Gilita Creek' and 
     dated March 4, 2020, as a wild river.
       ``(L) Holden prong.--The approximately 7.3-mile segment, as 
     generally depicted on the map entitled `Holden Prong' and 
     dated March 27, 2020, as a wild river.
       ``(M) Indian creek.--
       ``(i) The approximately 5-mile segment, as generally 
     depicted on the map entitled `Indian Creek' and dated March 
     27, 2020, as a recreational river.
       ``(ii) The approximately 9.5-mile segment, as generally 
     depicted on the map entitled `Indian Creek' and dated March 
     27, 2020, as a wild river.
       ``(N) Iron creek.--The approximately 13.2-mile segment, as 
     generally depicted on the map entitled `Iron Creek' and dated 
     March 4, 2020, as a wild river.
       ``(O) Las animas creek.--
       ``(i) The approximately 5.3-mile segment, as generally 
     depicted on the map entitled `Las Animas Creek' and dated 
     March 27, 2020, as a wild river.
       ``(ii) The approximately 2.3-mile segment, as generally 
     depicted on the map entitled `Las Animas Creek' and dated 
     March 27, 2020, as a scenic river.
       ``(P) Little creek.--
       ``(i) The approximately 0.3-mile segment, as generally 
     depicted on the map entitled `Little Creek' and dated May 1, 
     2020, as a recreational river.
       ``(ii) The approximately 18.3-mile segment, as generally 
     depicted on the map entitled `Little Creek' and dated May 1, 
     2020, as a wild river.
       ``(Q) Mcknight canyon.--The approximately 10.3-mile 
     segment, as generally depicted on the map entitled `McKnight 
     Canyon' and dated March 4, 2020, as a wild river.
       ``(R) Mineral creek.--
       ``(i) The approximately 8.3-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a wild river.
       ``(ii) The approximately 0.5-mile segment, as generally 
     depicted on the map entitled

[[Page S5239]]

     `Mineral Creek' and dated March 27, 2020, as a recreational 
     river.
       ``(iii) The approximately 0.5-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(iv) The approximately 0.1-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(v) The approximately 0.03-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(vi) The approximately 0.02-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(vii) The approximately 0.6-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(viii) The approximately 0.1-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(ix) The approximately 0.03-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(x) The approximately 0.7-mile segment, as generally 
     depicted on the map entitled `Mineral Creek' and dated March 
     27, 2020, as a recreational river.
       ``(S) Mogollon creek.--The approximately 15.8-mile segment, 
     as generally depicted on the map entitled `Mogollon Creek' 
     and dated April 2, 2020, as a wild river.
       ``(T) West fork mogollon creek.--The approximately 8.5-mile 
     segment, as generally depicted on the map entitled `West Fork 
     Mogollon Creek' and dated March 4, 2020, as a wild river.
       ``(U) Mule creek.--The approximately 4.3-mile segment, as 
     generally depicted on the map entitled `Mule Creek' and dated 
     March 4, 2020, as a wild river.
       ``(V) San francisco river, devil's creek.--
       ``(i) The approximately 1.8-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Devil's 
     Creek' and dated October 29, 2021, as a scenic river.
       ``(ii) The approximately 6.4-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Devil's 
     Creek' and dated October 29, 2021, as a scenic river.
       ``(iii) The approximately 6.1-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Devil's 
     Creek' and dated October 29, 2021, as a scenic river.
       ``(iv) The approximately 1.2-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Devil's 
     Creek' and dated October 29, 2021, as a recreational river.
       ``(v) The approximately 5.9-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Devil's 
     Creek' and dated October 29, 2021, as a recreational river.
       ``(W) San francisco river, lower san francisco river 
     canyon.--
       ``(i) The approximately 1.8-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Lower San 
     Francisco River Canyon' and dated March 27, 2020, as a wild 
     river.
       ``(ii) The approximately 0.6-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Lower San 
     Francisco River Canyon' and dated March 27, 2020, as a 
     recreational river.
       ``(iii) The approximately 14.6-mile segment, as generally 
     depicted on the map entitled `San Francisco River, Lower San 
     Francisco River Canyon' and dated March 27, 2020, as a wild 
     river.
       ``(X) San francisco river, upper frisco box.--The 
     approximately 6-mile segment, as generally depicted on the 
     map entitled `San Francisco River, Upper Frisco Box' and 
     dated March 4, 2020, as a wild river.
       ``(Y) Sapillo creek.--The approximately 7.2-mile segment, 
     as generally depicted on the map entitled `Sapillo Creek' and 
     dated March 27, 2020, as a wild river.
       ``(Z) Spruce creek.--The approximately 3.7-mile segment, as 
     generally depicted on the map entitled `Spruce Creek' and 
     dated March 4, 2020, as a wild river.
       ``(AA) Taylor creek.--
       ``(i) The approximately 0.4-mile segment, as generally 
     depicted on the map entitled `Taylor Creek' and dated April 
     30, 2020, as a scenic river.
       ``(ii) The approximately 6.1-mile segment, as generally 
     depicted on the map entitled `Taylor Creek' and dated April 
     30, 2020, as a wild river.
       ``(iii) The approximately 6.7-mile segment, as generally 
     depicted on the map entitled `Taylor Creek' and dated April 
     30, 2020, as a wild river.
       ``(BB) Turkey creek.--The approximately 17.1-mile segment, 
     as generally depicted on the map entitled `Turkey Creek' and 
     dated April 30, 2020, as a wild river.
       ``(CC) Whitewater creek.--
       ``(i) The approximately 13.5-mile segment, as generally 
     depicted on the map entitled `Whitewater Creek' and dated 
     March 27, 2020, as a wild river.
       ``(ii) The approximately 1.1-mile segment, as generally 
     depicted on the map entitled `Whitewater Creek' and dated 
     March 27, 2020, as a recreational river.
       ``(DD) Willow creek.--
       ``(i) The approximately 3-mile segment, as generally 
     depicted on the map entitled `Willow Creek' and dated April 
     30, 2020, as a recreational river.
       ``(ii) The approximately 2.9-mile segment, as generally 
     depicted on the map entitled `Willow Creek' and dated April 
     30, 2020, as a recreational river.''.
       (c) Withdrawal.--Subject to valid existing rights, all 
     Federal land within the boundary of a covered segment is 
     withdrawn from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (d) Maps; Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary concerned shall prepare 
     maps and legal descriptions of the covered segments.
       (2) Force of law.--The maps and legal descriptions prepared 
     under paragraph (1) shall have the same force and effect as 
     if included in this section, except that the Secretary 
     concerned may correct minor errors in the maps and legal 
     descriptions.
       (3) Availability.--The map and legal description prepared 
     under paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the Forest Service, 
     the Bureau of Land Management, and the National Park Service.
       (e) Comprehensive River Management Plan.--The Secretary 
     concerned shall prepare the comprehensive management plan for 
     the covered segments pursuant to section 3(d) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(d)) after consulting with 
     Tribal governments, applicable political subdivisions of the 
     State, and interested members of the public.
       (f) Incorporation of Acquired Land and Interests in Land.--
     If the United States acquires any non-Federal land within or 
     adjacent to a covered segment, the acquired land shall be 
     incorporated in, and be administered as part of, the 
     applicable covered segment.
       (g) Effect of Section.--
       (1) Effect on rights.--In accordance with section 12(b) of 
     the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing 
     in this section or an amendment made by this section 
     abrogates any existing rights of, privilege of, or contract 
     held by any person, including any right, privilege, or 
     contract that affects Federal land or private land, without 
     the consent of the person, including--
       (A) grazing permits or leases;
       (B) existing water rights, including the jurisdiction of 
     the State in administering water rights;
       (C) existing points of diversion, including maintenance, 
     repair, or replacement;
       (D) existing water distribution infrastructure, including 
     maintenance, repair, or replacement; and
       (E) valid existing rights for mining and mineral leases.
       (2) Mining activities.--The designation of a covered 
     segment by subparagraph (G) or (H) of paragraph (233) of 
     section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) (as added by subsection (b)) shall not--
       (A) limit the licensing, development, operation, or 
     maintenance of mining activities or mineral processing 
     facilities outside the boundaries of the applicable covered 
     segment; or
       (B) affect any rights, obligations, privileges, or benefits 
     granted under any permit or approval with respect to such 
     mining activities or mineral processing facilities.
       (3) Condemnation.--No land or interest in land shall be 
     acquired under this section or an amendment made by this 
     section without the consent of the owner.
       (4) Relationship to other law.--Nothing in this section 
     amends or otherwise affects the Arizona Water Settlements Act 
     (Public Law 108-451; 118 Stat. 3478).
       (5) Native fish habitat restoration.--
       (A) Existing projects.--Nothing in this section or an 
     amendment made by this section affects the authority of the 
     Secretary concerned or the State to operate, maintain, 
     replace, or improve a native fish habitat restoration project 
     (including fish barriers) in existence as of the date of 
     enactment of this Act within a covered segment.
       (B) New projects.--Notwithstanding section 7 of the Wild 
     and Scenic Rivers Act (16 U.S.C. 1278), the Secretary 
     concerned may authorize the construction of a native fish 
     habitat restoration project (including any necessary fish 
     barriers) within a covered segment if the project--
       (i) would enhance the recovery of a species listed as 
     threatened or endangered under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), a sensitive species, or a 
     species of greatest conservation need, including the Gila 
     Trout (Oncorhynchus gilae); and
       (ii) would not unreasonably diminish the free-flowing 
     nature or outstandingly remarkable values of the covered 
     segment.
       (C) Projects within wilderness areas.--A native fish 
     habitat restoration project (including fish barriers) located 
     within an area designated as a component of the National 
     Wilderness Preservation System shall be constructed 
     consistent with--
       (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
       (ii) the applicable wilderness management plan.
       (6) State land jurisdiction.--Nothing in this section or an 
     amendment made by this section affects the jurisdiction of 
     land under the jurisdiction of the State, including land 
     under the jurisdiction of the New Mexico State Land Office 
     and the New Mexico Department of Game and Fish.

[[Page S5240]]

       (7) Fish and wildlife.--Nothing in this section or an 
     amendment made by this section affects the jurisdiction of 
     the State with respect to fish and wildlife in the State.
       (8) Treaty rights.--Nothing in this section or an amendment 
     made by this section alters, modifies, diminishes, or 
     extinguishes the reserved treaty rights of any Indian Tribe 
     with respect to hunting, fishing, gathering, and cultural or 
     religious rights in the vicinity of a covered segment as 
     protected by a treaty.

     SEC. 1096. MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS 
                   NATIONAL MONUMENT AND GILA NATIONAL FOREST.

       (a) Transfer of Administrative Jurisdiction.--
       (1) In general.--Administrative jurisdiction over the land 
     described in paragraph (2) is transferred from the Secretary 
     of Agriculture to the Secretary of the Interior.
       (2) Description of land.--The land referred to in paragraph 
     (1) is the approximately 440 acres of land identified as 
     ``Transfer from USDA Forest Service to National Park 
     Service'' on the map entitled ``Gila Cliff Dwellings National 
     Monument Proposed Boundary Adjustment'' and dated March 2020.
       (b) Boundary Modifications.--
       (1) Gila cliff dwellings national monument.--
       (A) In general.--The boundary of the Gila Cliff Dwellings 
     National Monument is revised to incorporate the land 
     transferred to the Secretary of the Interior under subsection 
     (a)(1).
       (B) Map.--
       (i) In general.--The Secretary of the Interior shall 
     prepare and keep on file for public inspection in the 
     appropriate office of the National Park Service a map and a 
     legal description of the revised boundary of the Gila Cliff 
     Dwellings National Monument.
       (ii) Effect.--The map and legal description under clause 
     (i) shall have the same force and effect as if included in 
     this section, except that the Secretary of the Interior may 
     correct minor errors in the map and legal description.
       (2) Gila national forest.--
       (A) In general.--The boundary of the Gila National Forest 
     is modified to exclude the land transferred to the Secretary 
     of the Interior under subsection (a)(1).
       (B) Map.--
       (i) In general.--The Secretary of Agriculture shall prepare 
     and keep on file for public inspection in the appropriate 
     office of the Forest Service a map and a legal description of 
     the revised boundary of the Gila National Forest.
       (ii) Effect.--The map and legal description under clause 
     (i) shall have the same force and effect as if included in 
     this section, except that the Secretary of Agriculture may 
     correct minor errors in the map and legal description.
                                 ______