I 

112TH CONGRESS 

2D SESSION H. R. 4334 

To establish a monument in Dona Ana County, New Mexico, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. PEARCE introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish a monument in Dona Ana County, New Mexico, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Organ Mountains Na5 tional Monument Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) CITY.—The term ‘‘City’’ means the city of 

9 Las Cruces, New Mexico. 


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1 (2) COUNTY.—The term ‘‘County’’ means Dona 

2 Ana County, New Mexico. 

3 (3) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan developed 

5 pursuant to this Act. 

6 (4) MAP.—The term ‘‘map’’ means the map ti7 tled ‘‘Organ Mountains National Monument’’ and 

8 dated March 28, 2012. 

9 (5) MONUMENT.—The term ‘‘monument’’ 

10 means the national monument established by this 

11 Act. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, acting through the Di14 rector of the Bureau of Land Management. 

15 (7) STATE DIRECTOR.—The term ‘‘State Direc16 tor’’ means the New Mexico State Director of the 

17 Bureau of Land Management. 

18 (8) STATE.—The term ‘‘State’’ means the State 

19 of New Mexico. 

20 SEC. 3. WATER RIGHTS. 

21 Nothing in this Act shall— 

22 (1) constitute or be construed to constitute ei23 ther an express or implied reservation by the United 

24 States of any water or water rights with respect to 

25 the lands within the monument; or 


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1 (2) affect any water rights existing on the date 

2 of the enactment of this Act, including any water 

3 right held by the United States. 

4 SEC. 4. ESTABLISHMENT OF MONUMENT. 

5 (a) IN GENERAL.—There is established the Organ 

6 Mountains monument in the State. 

7 (b) AREA INCLUDED.—The monument shall consist 

8 of the approximately 58,512 acres of public land in Dona 

9 Ana County in the State, as generally depicted on the 

10 map. 

11 SEC. 5. PURPOSES. 

12 The purposes of the monument are to conserve, pro13 tect, and enhance the cultural, traditional, archaeological, 

14 natural, ecological, geological, historical, wildlife, livestock, 

15 watershed, educational, recreational, and scenic resources 

16 of the monument for the benefit and enjoyment of present 

17 and future generations. 

18 SEC. 6. MANAGEMENT OF MONUMENT. 

19 (a) IN GENERAL.—The Secretary shall manage the 

20 monument— 

21 (1) in a manner that conserves, protects, and 

22 enhances the resources of the monument; and 

23 (2) in accordance with— 

24 (A) the Federal Land Policy and Manage25 ment Act of 1976 (43 U.S.C. 1701 et seq.); 


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1 (B) this Act; and 

2 (C) any other applicable laws. 

3 (b) USES.— 

4 (1) IN GENERAL.—The Secretary shall allow 

5 only such uses of the monument that the Secretary 

6 determines would further the purposes described in 

7 section 5. 

8 (2) USE OF MOTORIZED VEHICLES.—Except as 

9 needed for administrative purposes or to respond to 

10 an emergency, the use of motorized vehicles in the 

11 monument shall be permitted only on roads des12 ignated for use by motorized vehicles in the manage13 ment plan. Nothing in this Act precludes the use of 

14 motorized vehicles or mechanical equipment for the 

15 construction or maintenance of range improvements 

16 or the performance of standard ranching operations 

17 or for the construction, maintenance, operation, or 

18 management of flood control or water conservation 

19 systems. 

20 (3) NEW ROADS.—No additional road shall be 

21 built within the monument after the date of the en22 actment of this Act unless the Secretary determines 

23 that the road is necessary for public safety or nat24 ural resource protection. 


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1 (c) GRAZING.—The Secretary shall issue any grazing 

2 leases or permits in the monument in accordance with the 

3 same laws and executive orders that apply to issuance by 

4 the Secretary of grazing leases and permits on other land 

5 under the jurisdiction of the Bureau of Land Manage6 ment. 

7 (d) UTILITY RIGHT-OF-WAYS.—Nothing in this sec8 tion precludes the Secretary from authorizing, renewing 

9 or upgrading (including widening) a utility right-of-way 

10 through the monument in a manner that minimizes harm 

11 to the purposes of the monument in accordance with— 

12 (1) the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.); 

14 (2) any other applicable law; and 

15 (3) such terms and conditions as the Secretary 

16 determines to be appropriate. 

17 SEC. 7. MANAGEMENT PLAN. 

18 (a) IN GENERAL.—Not later than 3 years after the 

19 date of the enactment of this Act, the Secretary shall de20 velop a management plan for the monument. 

21 (b) CONSULTATION.—The management plan shall be 

22 developed in consultation with— 

23 (1) State, tribal, and local governments; 

24 (2) the public; and 

25 (3) interested Federal agencies. 


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1 SEC. 8. GENERAL PROVISIONS. 

2 (a) MAP AND LEGAL DESCRIPTION.— 

3 (1) IN GENERAL.—As soon as practicable after 

4 the date of the enactment of this Act, the Secretary 

5 shall file the map and legal description of the monu6 ment. 

7 (2) FORCE AND EFFECT.—The map and legal 

8 description filed under paragraph (1) shall have the 

9 same force and effect as if included in this Act, ex10 cept that the Secretary may correct errors in the 

11 map and legal description. 

12 (3) PUBLIC AVAILABILITY.—The map and legal 

13 description filed under paragraph (1) shall be on file 

14 and available for public inspection in the appropriate 

15 offices of— 

16 (A) the Bureau of Land Management; 

17 (B) the Office of the County Clerk of Dona 

18 Ana County, New Mexico. 

19 (4) FISH AND WILDLIFE.—Nothing in this Act 

20 affects the jurisdiction of the State with respect to 

21 fish and wildlife located on public land in the State. 

22 (5) NO BUFFER ZONES.— 

23 (A) IN GENERAL.—There shall be no buff24 er zone around a monument. 

25 (B) ACTIVITIES OUTSIDE THE MONU26 MENT.—The fact that an activity or use of land 


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1 is not permitted on land within a monument 

2 shall not preclude the activity or use outside the 

3 boundary of the monument or on private or 

4 State land within the monument, consistent 

5 with other applicable laws. 

6 (6) WITHDRAWALS.—Subject to valid existing 

7 rights (including lease rights), all Federal land with8 in the monument and any land and interests in land 

9 acquired for the monument by the United States 

10 after the date of the enactment of this Act are with11 drawn from— 

12 (A) all forms of entry, appropriation, or 

13 disposal under the public land laws; 

14 (B) location, entry, and patent under the 

15 mining laws; and 

16 (C) operation of the mineral leasing, min17 eral materials, and geothermal leasing laws. 

18 SEC. 9. RELEASE OF WILDERNESS STUDY AREA. 

19 For purposes of section 603 of the Federal Land Pol20 icy and Management Act of 1976 (43 U.S.C. 1782), the 

21 Federal land in the following has been adequately studied 

22 for wilderness designation and shall no longer be subject 

23 to section 603(c) of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1782(c)): 


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1 (1) The Organ Mountains Wilderness Study 

2 Area. 

3 (2) The Organ Needles Wilderness Study Area. 

4 (3) The Pena Blanca Wilderness Study Area. 

5 SEC. 10. NATIONAL LANDSCAPE CONSERVATION SYSTEM. 

6 The monument designated by this Act shall be ad7 ministered as a component of the National Landscape 

8 Conservation System. 

Æ 


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