Calendar No. 291

103D CONGRESS

1ST SESSION H. R. 698

AN ACT

To protect Lechuguilla Cave and other resources

N

National Park.and values in and adjacent to Carlsbad Caverns

OVEMBER 17 (legislative day, NOVEMBER 2), 1993

Reported with an amendment
II

Calendar No. 291

103D CONGRESS

1ST SESSION H. R. 698

IN THE SENATE OF THE UNITED STATES

MAY 13 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To protect Lechuguilla Cave and other resources and values

in and adjacent to Carlsbad Caverns National Park.

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, FINDING, AND DEFINITIONS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Lechuguilla Cave Protection Act of 1993’’.

6 (b) FINDING.—Congress finds and declares that

7 Lechuguilla Cave and other significant cave resources of

8 Carlsbad Caverns National Park and adjacent public lands

9 in the cave protection area have internationally-significant
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1 scientific, environmental, and other values and should be

2 retained in public ownership and protected against adverse

3 effects of mineral exploration and development and other

4 activities presenting threats to those values.

5 (c) DEFINITIONS.—As used in this Act—

6 (1) the term ‘‘the Secretary’’ means the Sec7 retary of the Interior.

8 (2) the term ‘‘cave protection area’’ means the

9 lands within the area depicted on the map referred

10 to in section 2(b).

11 (3) except as otherwise specified in this Act, all

12 other terms, including the term ‘‘public lands,’’ shall

13 have the same meaning as such terms have in the

14 Federal Land Policy and Management Act of 1976

15 (43 U.S.C. 1701 et seq.).

16 SEC. 2. LAND WITHDRAWAL.

17 (a) WITHDRAWAL.—Subject to valid existing rights,

18 the approximately 6,280 acres of public lands within the

19 cave protection area, and all other lands within the bound20 aries of the cave protection area which may hereafter be21 come subject to the operation of the public land laws, are

22 hereby withdrawn from all forms of appropriation or dis23 posal under the public land laws (including the mining and

24 material disposal laws) and from the operation of the min25 eral leasing and geothermal leasing laws.
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1 (b) LAND DESCRIPTION.—The lands referred to in

2 subsection (a) are the lands generally depicted on the map

3 entitled ‘‘Lechuguilla Cave Protection Area’’ dated April

4 1993 and filed in accordance with subsection (c).

5 (c) PUBLICATION, FILING, CORRECTION, AND IN6 SPECTION.—

7 (1) As soon as possible after the date of enact8 ment of this Act, the Secretary shall publish in the

9 Federal Register a notice containing the legal de10 scription of the lands withdrawn by subsection (a)

11 and shall file such legal description and a detailed

12 map of the lands referred to in such subsection with

13 the Committee on Natural Resources of the House

14 of Representatives and the Committee on Energy

15 and Natural Resources of the Senate.

16 (2) The map and legal description referred to in

17 paragraph (1) shall have the same force and effect

18 as if included in this Act except that the Secretary

19 may correct clerical and typographical errors in such

20 map and legal description.

21 (3) Copies of the map and legal description re22 ferred to in subsection (b) shall be available for pub23 lic inspection in the offices of the Director and ap24 propriate State Director of the Bureau of Land

25 Management.
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1 (d) MANAGEMENT.—The public lands withdrawn by

2 this section shall be managed by the Secretary, through

3 the Director of the Bureau of Land Management, pursu4 ant to the Federal Land Policy and Management Act of

5 1976 (43 U.S.C. 17901 et seq.) and other applicable law,

6 including this Act.

7 SEC. 3. MANAGEMENT OF EXISTING LEASES.

8 (a) SUSPENSION OF NEW DRILLING.—(1)(A) Effec9 tive on the date of enactment of this Act, the Secretary

10 shall not permit any new drilling on or involving any valid

11 mineral or geothermal leases within the lands withdrawn

12 by section 2.

13 (B) If the Secretary deems it appropriate in order

14 to prevent an adverse impact on Lechuguilla Cave or other

15 significant cave resources of Carlsbad Caverns National

16 Park and the lands within the cave protection area, the

17 Secretary shall require suspension of any other activities

18 with respect to such leases.

19 (2) The prohibition on new drilling imposed by para20 graph (1) shall remain in effect until the effective date

21 of a record of decision regarding the proposal to drill ana22 lyzed in the Dark Canyon Environmental Impact State23 ment, or for 12 months after the date of enactment of

24 this Act, whichever first occurs. Nothing in this subsection
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1 shall be construed as requiring the Secretary to permit

2 or prohibit new drilling after such period.

3 (b) NEGOTIATIONS.—(1) During the period specified

4 in subsection (a)(2), the Secretary shall seek the agree5 ment of the holders of existing valid mineral or geothermal

6 leases on the public lands withdrawn by section 2(a) for

7 the termination of such leases or to such restrictions on

8 activities on lands covered by such leases as the Secretary

9 deems appropriate to protect Lechuguilla Cave and the

10 other significant cave resources of Carlsbad Caverns Na11 tional Park and the lands within the cave protection area.

12 (2)(A) With respect to any lease for which no agree13 ment of the type described in paragraph (1) of this sub14 section has been reached at the end of the period specified

15 in subsection (a)(2), the Secretary shall take such steps

16 as the Secretary deems appropriate in order to protect

17 Lechuguilla Cave and the other significant cave resources

18 of Carlsbad Caverns National Park and the lands within

19 the cave protection area.

20 (B) The steps referred to in subparagraph (A) may

21 include acquisition of the lands covered by such leases or

22 any interests therein. In the event of such acquisition, any

23 lands or interests therein so acquired shall be managed

24 pursuant to the Federal Land Policy and Management Act

25 of 1976 and other applicable law, including this Act.
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1 (3) To the extent the Secretary deems desirable, the

2 Secretary shall seek the cooperation of the State of New

3 Mexico and any other parties owning lands within the cave

4 protection area with respect to such restrictions on the

5 use of relevant lands owned by such parties as the Sec6 retary may suggest in order to further the protection of

7 Lechuguilla Cave and the other significant cave resources

8 of Carlsbad Caverns National Park and the lands within

9 the cave protection area.

10 SEC. 4. ADDITIONAL PROTECTION AND RELATION TO

11 OTHER LAWS.

12 (a) ADDITIONAL PROTECTION.—(1) If on the basis

13 of scientific analysis found by the Secretary to be relevant

14 and credible, the Secretary deems it appropriate to take

15 additional steps to protect Lechuguilla Cave or the other

16 significant cave resources of Carlsbad Caverns National

17 Park and the lands within the cave protection area, the

18 Secretary, pursuant to the authority of the Federal Land

19 Policy and Management Act of 1976 or other applicable

20 law, shall take such steps.

21 (2) To the extent the Secretary finds appropriate in

22 order to protect Lechuguilla Cave and the other significant

23 cave resources of Carlsbad Caverns National Park or the

24 lands within the cave protection area, the Secretary may

25 limit or prohibit access to or across lands owned by the
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1 United States or prohibit the removal from such lands of

2 any mineral, geological, or cave resources except as the

3 Secretary may permit for scientific purposes.

4 (3) If the Secretary determines that existing law, in5 cluding this Act, provides the Secretary insufficient au6 thority to take any step the Secretary deems desirable in

7 order to protect Lechuguilla Cave or other significant cave

8 resources of Carlsbad Caverns National Park or the lands

9 within the cave protection area, the Secretary shall inform

10 the Committee on Natural Resources of the House of Rep11 resentatives and the Committee on Energy and Natural

12 Resources of the Senate concerning the additional author13 ity the Secretary believes desirable.

14 (b) RELATION TO OTHER LAWS.—Nothing in this

15 Act shall be construed as increasing or diminishing the

16 ability of any party to seek compensation pursuant to

17 other applicable law, including but not limited to the

18 Tucker Act (28 U.S.C. 1491), or as precluding any de19 fenses or claims otherwise available to the United States

20 in connection with any action seeking such compensation

21 from the United States.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Lechuguilla Cave Protec24 tion Act of 1993’’.
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1 SEC. 2. FINDING.

2 Congress finds that Lechuguilla Cave and adjacent

3 public lands have internationally significant scientific, en4 vironmental, and other values, and should be retained in

5 public ownership and protected against adverse effects of

6 mineral exploration and development and other activities

7 presenting threats to the areas.

8 SEC. 3. LAND WITHDRAWAL.

9 (a) WITHDRAWAL.—Subject to valid existing rights, all

10 Federal lands within the boundaries of the cave protection

11 area described in subsection (b) are hereby withdrawn from

12 all forms of entry, appropriation, or disposal under the

13 public land laws; from location, entry, and patent under

14 the United States mining laws; and from disposition under

15 all laws pertaining to mineral and geothermal leasing, and

16 all amendments thereto.

17 (b) LAND DESCRIPTION.—The cave protection area re18 ferred to in subsection (a) shall consist of approximately

19 6,280 acres of lands in New Mexico as generally depicted

20 on the map entitled ‘‘Lechuguilla Cave Protection Area’’

21 numbered 130/80,055 and dated April 1993.

22 (c) PUBLICATION, FILING, CORRECTION, AND INSPEC23 TION.—(1) As soon as practicable after the date of enact24 ment of this Act, the Secretary of the Interior (hereinafter

25 referred to as the ‘‘Secretary’’) shall publish in the Federal

26 Register the legal description of the lands withdrawn under
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1 subsection (a) and shall file such legal description and a

2 detailed map with the Committee on Energy and Natural

3 Resources of the United States Senate and the Committee

4 on Natural Resources of the United States House of Rep5 resentatives.

6 (2) Such map and legal description shall have the

7 same force and effect as if included in this Act except that

8 the Secretary may correct clerical and typographical errors.

9 (3) Copies of such map and legal description shall be

10 available for inspection in the appropriate offices of the Bu11 reau of Land Management.

12 SEC. 4. MANAGEMENT OF EXISTING LEASES.

13 (a) SUSPENSION.—The Secretary shall not permit any

14 new drilling on or involving any Federal mineral or geo15 thermal lease within the cave protection area referred to in

16 section 3(a) until the effective date of the Record of Decision

17 for the Dark Canyon Environmental Impact Statement, or

18 for 12 months after the date of enactment of this Act, which19 ever occurs first.

20 (b) AUTHORITY TO CANCEL EXISTING MINERAL OR

21 GEOTHERMAL LEASES.—Upon the effective date of the

22 Record of Decision for the Dark Canyon Environmental

23 Impact Statement and in order to protect Lechuguilla Cave

24 or other cave resources, the Secretary is authorized to—
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1 (1) cancel any Federal mineral or geothermal

2 lease in the cave protection area referred to in section

3 3(a); or

4 (2) enter into negotiations with the holder of a

5 Federal mineral or geothermal lease in the cave pro6 tection area referred to in section 3(a) to determine

7 appropriate compensation, if any, for the complete or

8 partial termination of such lease.

9 SEC. 5. ADDITIONAL PROTECTION AND RELATION TO

10 OTHER LAWS.

11 (a) IN GENERAL.—In order to protect Lechuguilla

12 Cave or Federal lands within the cave protection area, the

13 Secretary, subject to valid existing rights, may limit or pro14 hibit access to or across lands owned by the United States

15 or prohibit the removal from such lands of any mineral,

16 geological, or cave resources: Provided, That existing access

17 to private lands within the cave protection area shall not

18 be affected by this subsection.

19 (b) NO EFFECT ON PIPELINES.—Nothing in this title

20 shall have the effect of terminating any validly issued right21 of-way, or customary operation, maintenance, repair, and

22 replacement activities in such right-of-way; prohibiting the

23 upgrading of and construction on existing facilities in such

24 right-of-way for the purpose of increasing capacity of the

25 existing pipeline; or prohibiting the renewal of such right-
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1 of-way within the cave protection area referred to in section

2 3(a).

3 (c) RELATION TO OTHER LAWS.—Nothing in this Act

4 shall be construed as increasing or diminishing the ability

5 of any party to seek compensation pursuant to other appli6 cable law, including but not limited to the Tucker Act (28

7 U.S.C. 1491), or as precluding any defenses or claims other8 wise available to the United States in connection with any

9 action seeking such compensation from the United States.

10 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

11 There is hereby authorized to be appropriated such

12 sums as may be necessary to carry out this Act; Provided,

13 That no funds shall be made available except to the extent,

14 or in such amounts as are provided in advance in Appro15 priation Acts.

Passed the House of Representatives May 11, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.