II 

118TH CONGRESS 

1ST SESSION S. 3033 

To withdraw certain Federal land in the Pecos Watershed area of the State 

of New Mexico from mineral entry, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 4, 2023 

Mr. HEINRICH (for himself and Mr. LUJA ́N) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To withdraw certain Federal land in the Pecos Watershed 

area of the State of New Mexico from mineral entry, 

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 ‘‘Pecos Watershed Pro5 tection Act’’. 

6 SEC. 2. WITHDRAWAL OF FEDERAL LAND IN PECOS WATER7 SHED AREA, NEW MEXICO. 

8 (a) DEFINITION OF FEDERAL LAND.—In this sec9 tion, the term ‘‘Federal land’’ means the Federal land deVerDate Sep 11 2014 00:37 Oct 06, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3033.IS S3033

kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3033 IS

1 picted as ‘‘Pecos Withdrawal’’ on the map entitled ‘‘Pro2 posed Mineral Withdrawal Legislative Map’’ and dated 

3 September 11, 2023. 

4 (b) WITHDRAWAL.—Subject to valid rights in exist5 ence on the date of enactment of this Act, the Federal 

6 land is withdrawn from all forms of— 

7 (1) entry, appropriation, or disposal under the 

8 public land laws; 

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

10 laws; and 

11 (3) disposition under all laws pertaining to min12 eral and geothermal leasing or mineral materials. 

13 SEC. 3. DESIGNATION OF THOMPSON PEAK WILDERNESS 

14 AREA, NEW MEXICO. 

15 (a) DEFINITIONS.—In this section: 

16 (1) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Agriculture. 

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

19 of New Mexico. 

20 (3) WILDERNESS AREA.—The term ‘‘wilderness 

21 area’’ means the Thompson Peak Wilderness Area 

22 designated by subsection (b). 

23 (b) DESIGNATION.—In accordance with the Wilder24 ness Act (16 U.S.C. 1131 et seq.), the approximately 

25 11,599 acres of land managed by the Forest Service in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 3033 IS

1 the State, as generally depicted on the map entitled ‘‘Pro2 posed Mineral Withdrawal Legislative Map’’ and dated 

3 September 11, 2023, is designated as a wilderness area 

4 and as a component of the National Wilderness Preserva5 tion System, to be known as the ‘‘Thompson Peak Wilder6 ness Area’’. 

7 (c) MAP AND LEGAL DESCRIPTION.— 

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

9 the date of enactment of this Act, the Secretary 

10 shall file a map and legal description of the wilder11 ness area with— 

12 (A) the Committee on Energy and Natural 

13 Resources of the Senate; and 

14 (B) the Committee on Natural Resources 

15 of the House of Representatives. 

16 (2) EFFECT.—The map and legal description 

17 filed under paragraph (1) shall have the same force 

18 and effect as if included in this Act, except that the 

19 Secretary may correct clerical and typographical er20 rors in the map and legal description. 

21 (3) AVAILABILITY.—The map and legal descrip22 tion filed under paragraph (1) shall be on file and 

23 available for public inspection in the Office of the 

24 Chief of the Forest Service. 

25 (d) ADMINISTRATION.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 3033 IS

1 (1) IN GENERAL.—Subject to valid existing 

2 rights, the wilderness area shall be administered by 

3 the Secretary in accordance with the Wilderness Act 

4 (16 U.S.C. 1131 et seq.), except that any reference 

5 in that Act to the effective date of that Act shall be 

6 considered to be a reference to the date of enact7 ment of this Act. 

8 (2) ADJACENT MANAGEMENT.— 

9 (A) NO PROTECTIVE PERIMETERS OR

10 BUFFER ZONES.—Congress does not intend for 

11 the designation of the wilderness area to create 

12 a protective perimeter or buffer zone around 

13 the wilderness area. 

14 (B) NONWILDERNESS ACTIVITIES.—The 

15 fact that nonwilderness activities or uses out16 side of the wilderness area can be seen or heard 

17 from an area within the wilderness area shall 

18 not preclude the conduct of the nonwilderness 

19 activities or uses outside the boundaries of the 

20 wilderness area. 

21 (3) FISH AND WILDLIFE MANAGEMENT.—In ac22 cordance with section 4(d)(7) of the Wilderness Act 

23 (16 U.S.C. 1133(d)(7)), nothing in this section af24 fects the jurisdiction or responsibilities of the State 

25 with respect to fish and wildlife management in the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 3033 IS

1 wilderness area (including the regulation of hunting, 

2 fishing, and trapping). 

3 (4) GRAZING.—The Secretary shall allow the 

4 continuation of the grazing of livestock in the wilder5 ness area, if established before the date of enact6 ment of this Act, in accordance with— 

7 (A) section 4(d)(4) of the Wilderness Act 

8 (16 U.S.C. 1133(d)(4)); and 

9 (B) the guidelines set forth in Appendix A 

10 of the report of the Committee on Interior and 

11 Insular Affairs of the House of Representatives 

12 accompanying H.R. 2570 of the 101st Congress 

13 (H. Rept. 101–405). 

14 (5) WILDFIRE, INSECT, AND DISEASE CON15 TROL.—The Secretary may carry out measures in 

16 the wilderness area that the Secretary determines to 

17 be necessary to control fire, insects, or diseases, in 

18 accordance with section 4(d)(1) of the Wilderness 

19 Act (16 U.S.C. 1133(d)(1)). 

20 (e) INCORPORATION OF ACQUIRED LAND AND INTER21 ESTS IN LAND.—Any land or interest in land within the 

22 boundaries of the wilderness area that is acquired by the 

23 United States after the date of enactment of this Act shall 

24 be added to and administered as part of the wilderness 

25 area. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 3033 IS

1 (f) WITHDRAWAL.—Subject to valid existing rights, 

2 the wilderness area is withdrawn from— 

3 (1) entry, appropriation, or disposal under the 

4 public land laws; 

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

6 laws; and 

7 (3) disposition under all laws relating to min8 eral and geothermal leasing or mineral materials. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB