109TH CONGRESS

1ST SESSION S. 1170

AN ACT

To establish the Fort Stanton-Snowy River Cave National

Conservation Area.

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 ‘‘Fort Stanton-Snowy

5 River Cave National Conservation Area Act’’.
 †

2

S 1170 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the Fort Stanton-Snowy

5 River Cave National Conservation Area established

6 by section 3(a).

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan developed

9 for the Conservation Area under section 4(c).

10 (3) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior, acting through the Di12 rector of the Bureau of Land Management.

13 SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER

14 CAVE NATIONAL CONSERVATION AREA.

15 (a) ESTABLISHMENT; PURPOSES.—There is estab16 lished the Fort Stanton–Snowy River Cave National Con17 servation Area in Lincoln County, New Mexico, to protect,

18 conserve, and enhance the unique and nationally impor19 tant historic, cultural, scientific, archaeological, natural,

20 and educational subterranean cave resources of the Fort

21 Stanton–Snowy River cave system.

22 (b) AREA INCLUDED.—The Conservation Area shall

23 include the area within the boundaries depicted on the

24 map entitled ‘‘Fort Stanton–Snowy River Cave National

25 Conservation Area’’ and dated November 2005.

26 (c) MAP AND LEGAL DESCRIPTION.—
†

3

S 1170 ES

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

2 the date of enactment of this Act, the Secretary

3 shall submit to Congress a map and legal description

4 of the Conservation Area.

5 (2) EFFECT.—The map and legal description of

6 the Conservation Area shall have the same force and

7 effect as if included in this Act, except that the Sec8 retary may correct any minor errors in the map and

9 legal description.

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

11 description of the Conservation Area shall be avail12 able for public inspection in the appropriate offices

13 of the Bureau of Land Management.

14 SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

15 (a) MANAGEMENT.—

16 (1) IN GENERAL.—The Secretary shall manage

17 the Conservation Area—

18 (A) in a manner that conserves, protects,

19 and enhances the resources and values of the

20 Conservation Area, including the resources and

21 values described in section 3(a); and

22 (B) in accordance with—

23 (i) this Act;
†

4

S 1170 ES

1 (ii) the Federal Land Policy and Man2 agement Act of 1976 (43 U.S.C. 1701 et

3 seq.); and

4 (iii) any other applicable laws.

5 (2) USES.—The Secretary shall only allow uses

6 of the Conservation Area that are consistent with

7 the protection of the cave resources.

8 (3) REQUIREMENTS.—In administering the

9 Conservation Area, the Secretary shall provide for—

10 (A) the conservation and protection of the

11 natural and unique features and environs for

12 scientific, educational, and other appropriate

13 public uses of the Conservation Area;

14 (B) public access, as appropriate, while

15 providing for the protection of the cave re16 sources and for public safety;

17 (C) the continuation of other existing uses

18 or other new uses of the Conservation Area that

19 do not impair the purposes for which the Con20 servation Area is established;

21 (D) management of the surface area of the

22 Conservation Area in accordance with the Fort

23 Stanton Area of Critical Environmental Con24 cern Final Activity Plan dated March, 2001, or
†

5

S 1170 ES

1 any amendments to the plan, consistent with

2 this Act; and

3 (E) scientific investigation and research

4 opportunities within the Conservation Area, in5 cluding through partnerships with colleges, uni6 versities, schools, scientific institutions, re7 searchers, and scientists to conduct research

8 and provide educational and interpretive serv9 ices within the Conservation Area.

10 (b) WITHDRAWALS.—Subject to valid existing rights,

11 all Federal surface and subsurface land within the Con12 servation Area and all land and interests in the land that

13 are acquired by the United States after the date of enact14 ment of this Act for inclusion in the Conservation Area,

15 are withdrawn from—

16 (1) all forms of entry, appropriation, or disposal

17 under the general land laws;

18 (2) location, entry, and patent under the mining

19 laws; and

20 (3) operation under the mineral leasing and

21 geothermal leasing laws.

22 (c) MANAGEMENT PLAN.—

23 (1) IN GENERAL.—Not later than 2 years after

24 the date of enactment of this Act, the Secretary
†

6

S 1170 ES

1 shall develop a comprehensive plan for the long-term

2 management of the Conservation Area.

3 (2) PURPOSES.—The management plan shall—

4 (A) describe the appropriate uses and

5 management of the Conservation Area;

6 (B) incorporate, as appropriate, decisions

7 contained in any other management or activity

8 plan for the land within or adjacent to the Con9 servation Area;

10 (C) take into consideration any informa11 tion developed in studies of the land and re12 sources within or adjacent to the Conservation

13 Area; and

14 (D) provide for a cooperative agreement

15 with Lincoln County, New Mexico, to address

16 the historical involvement of the local commu17 nity in the interpretation and protection of the

18 resources of the Conservation Area.

19 (d) ACTIVITIES OUTSIDE CONSERVATION AREA.—

20 The establishment of the Conservation Area shall not—

21 (1) create a protective perimeter or buffer zone

22 around the Conservation Area; or

23 (2) preclude uses or activities outside the Con24 servation Area that are permitted under other appli-
†

7

S 1170 ES

1 cable laws, even if the uses or activities are prohib2 ited within the Conservation Area.

3 (e) RESEARCH AND INTERPRETIVE FACILITIES.—

4 (1) IN GENERAL.—The Secretary may establish

5 facilities for—

6 (A) the conduct of scientific research; and

7 (B) the interpretation of the historical, cul8 tural, scientific, archaeological, natural, and

9 educational resources of the Conservation Area.

10 (2) COOPERATIVE AGREEMENTS.—The Sec11 retary may, in a manner consistent with this Act,

12 enter into cooperative agreements with the State of

13 New Mexico and other institutions and organizations

14 to carry out the purposes of this Act.

15 (f) WATER RIGHTS.—Nothing in this Act constitutes

16 an express or implied reservation of any water right.

17 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated such sums

19 as are necessary to carry out this Act. To establish the
†

8

S 1170 ES

1 Fort Stanton-Snowy River Cave National Conservation

2 Area.

Passed the Senate November 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1170

AN ACT

To establish the Fort Stanton-Snowy River Cave

National Conservation Area.