II 

Calendar No. 443 

118TH CONGRESS 

2D SESSION S. 3033 

[Report No. 118–196] 

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 

JULY 23, 2024 

Reported by Mr. MANCHIN, without amendment 

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’’. 


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1 SEC. 2. WITHDRAWAL OF FEDERAL LAND IN PECOS WATER2 SHED AREA, NEW MEXICO. 

3 (a) DEFINITION OF FEDERAL LAND.—In this sec4 tion, the term ‘‘Federal land’’ means the Federal land de5 picted as ‘‘Pecos Withdrawal’’ on the map entitled ‘‘Pro6 posed Mineral Withdrawal Legislative Map’’ and dated 

7 September 11, 2023. 

8 (b) WITHDRAWAL.—Subject to valid rights in exist9 ence on the date of enactment of this Act, the Federal 

10 land is withdrawn from all forms of— 

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

12 public land laws; 

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

14 laws; and 

15 (3) disposition under all laws pertaining to min16 eral and geothermal leasing or mineral materials. 

17 SEC. 3. DESIGNATION OF THOMPSON PEAK WILDERNESS 

18 AREA, NEW MEXICO. 

19 (a) DEFINITIONS.—In this section: 

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

21 the Secretary of Agriculture. 

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

23 of New Mexico. 

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

25 area’’ means the Thompson Peak Wilderness Area 

26 designated by subsection (b). 


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1 (b) DESIGNATION.—In accordance with the Wilder2 ness Act (16 U.S.C. 1131 et seq.), the approximately 

3 11,599 acres of land managed by the Forest Service in 

4 the State, as generally depicted on the map entitled ‘‘Pro5 posed Mineral Withdrawal Legislative Map’’ and dated 

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

7 and as a component of the National Wilderness Preserva8 tion System, to be known as the ‘‘Thompson Peak Wilder9 ness Area’’. 

10 (c) MAP AND LEGAL DESCRIPTION.— 

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

12 the date of enactment of this Act, the Secretary 

13 shall file a map and legal description of the wilder14 ness area with— 

15 (A) the Committee on Energy and Natural 

16 Resources of the Senate; and 

17 (B) the Committee on Natural Resources 

18 of the House of Representatives. 

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

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

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

22 Secretary may correct clerical and typographical er23 rors in the map and legal description. 

24 (3) AVAILABILITY.—The map and legal descrip25 tion filed under paragraph (1) shall be on file and 


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1 available for public inspection in the Office of the 

2 Chief of the Forest Service. 

3 (d) ADMINISTRATION.— 

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

5 rights, the wilderness area shall be administered by 

6 the Secretary in accordance with the Wilderness Act 

7 (16 U.S.C. 1131 et seq.), except that any reference 

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

9 considered to be a reference to the date of enact10 ment of this Act. 

11 (2) ADJACENT MANAGEMENT.— 

12 (A) NO PROTECTIVE PERIMETERS OR

13 BUFFER ZONES.—Congress does not intend for 

14 the designation of the wilderness area to create 

15 a protective perimeter or buffer zone around 

16 the wilderness area. 

17 (B) NONWILDERNESS ACTIVITIES.—The 

18 fact that nonwilderness activities or uses out19 side of the wilderness area can be seen or heard 

20 from an area within the wilderness area shall 

21 not preclude the conduct of the nonwilderness 

22 activities or uses outside the boundaries of the 

23 wilderness area. 

24 (3) FISH AND WILDLIFE MANAGEMENT.—In ac25 cordance with section 4(d)(7) of the Wilderness Act 


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1 (16 U.S.C. 1133(d)(7)), nothing in this section af2 fects the jurisdiction or responsibilities of the State 

3 with respect to fish and wildlife management in the 

4 wilderness area (including the regulation of hunting, 

5 fishing, and trapping). 

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

7 continuation of the grazing of livestock in the wilder8 ness area, if established before the date of enact9 ment of this Act, in accordance with— 

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

11 (16 U.S.C. 1133(d)(4)); and 

12 (B) the guidelines set forth in Appendix A 

13 of the report of the Committee on Interior and 

14 Insular Affairs of the House of Representatives 

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

16 (H. Rept. 101–405). 

17 (5) WILDFIRE, INSECT, AND DISEASE CON18 TROL.—The Secretary may carry out measures in 

19 the wilderness area that the Secretary determines to 

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

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

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

23 (e) INCORPORATION OF ACQUIRED LAND AND INTER24 ESTS IN LAND.—Any land or interest in land within the 

25 boundaries of the wilderness area that is acquired by the 


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

2 be added to and administered as part of the wilderness 

3 area. 

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

5 the wilderness area is withdrawn from— 

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

7 public land laws; 

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

9 laws; and 

10 (3) disposition under all laws relating to min11 eral and geothermal leasing or mineral materials. 


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Calendar No. 443 

118TH CONGRESS 

2D SESSION S. 3033 

[Report No. 118–196] 

A BILL 

To withdraw certain Federal land in the Pecos Wamineral entry, and for other purposes. tershed area of the State of New Mexico from 

JULY 23, 2024 

Reported without amendment 


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