IIA

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

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’’.
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1 (b) FINDING.—Congress finds and declares that

2 Lechuguilla Cave and other significant cave resources of

3 Carlsbad Caverns National Park and adjacent public lands

4 in the cave protection area have internationally-significant

5 scientific, environmental, and other values and should be

6 retained in public ownership and protected against adverse

7 effects of mineral exploration and development and other

8 activities presenting threats to those values.

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

10 (1) the term ‘‘the Secretary’’ means the Sec11 retary of the Interior.

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

13 lands within the area depicted on the map referred

14 to in section 2(b).

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

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

17 have the same meaning as such terms have in the

18 Federal Land Policy and Management Act of 1976

19 (43 U.S.C. 1701 et seq.).

20 SEC. 2. LAND WITHDRAWAL.

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

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

23 cave protection area, and all other lands within the bound24 aries of the cave protection area which may hereafter be25 come subject to the operation of the public land laws, are
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1 hereby withdrawn from all forms of appropriation or dis2 posal under the public land laws (including the mining and

3 material disposal laws) and from the operation of the min4 eral leasing and geothermal leasing laws.

5 (b) LAND DESCRIPTION.—The lands referred to in

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

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

8 1993 and filed in accordance with subsection (c).

9 (c) PUBLICATION, FILING, CORRECTION, AND IN10 SPECTION.—

11 (1) As soon as possible after the date of enact12 ment of this Act, the Secretary shall publish in the

13 Federal Register a notice containing the legal de14 scription of the lands withdrawn by subsection (a)

15 and shall file such legal description and a detailed

16 map of the lands referred to in such subsection with

17 the Committee on Natural Resources of the House

18 of Representatives and the Committee on Energy

19 and Natural Resources of the Senate.

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

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

22 as if included in this Act except that the Secretary

23 may correct clerical and typographical errors in such

24 map and legal description.
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1 (3) Copies of the map and legal description re2 ferred to in subsection (b) shall be available for pub3 lic inspection in the offices of the Director and ap4 propriate State Director of the Bureau of Land

5 Management.

6 (d) MANAGEMENT.—The public lands withdrawn by

7 this section shall be managed by the Secretary, through

8 the Director of the Bureau of Land Management, pursu9 ant to the Federal Land Policy and Management Act of

10 1976 (43 U.S.C. 17901 et seq.) and other applicable law,

11 including this Act.

12 SEC. 3. MANAGEMENT OF EXISTING LEASES.

13 (a) SUSPENSION OF NEW DRILLING.—(1)(A) Effec14 tive on the date of enactment of this Act, the Secretary

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

16 mineral or geothermal leases within the lands withdrawn

17 by section 2.

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

19 to prevent an adverse impact on Lechuguilla Cave or other

20 significant cave resources of Carlsbad Caverns National

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

22 Secretary shall require suspension of any other activities

23 with respect to such leases.

24 (2) The prohibition on new drilling imposed by para25 graph (1) shall remain in effect until the effective date
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1 of a record of decision regarding the proposal to drill ana2 lyzed in the Dark Canyon Environmental Impact State3 ment, or for 12 months after the date of enactment of

4 this Act, whichever first occurs. Nothing in this subsection

5 shall be construed as requiring the Secretary to permit

6 or prohibit new drilling after such period.

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

8 in subsection (a)(2), the Secretary shall seek the agree9 ment of the holders of existing valid mineral or geothermal

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

11 the termination of such leases or to such restrictions on

12 activities on lands covered by such leases as the Secretary

13 deems appropriate to protect Lechuguilla Cave and the

14 other significant cave resources of Carlsbad Caverns Na15 tional Park and the lands within the cave protection area.

16 (2)(A) With respect to any lease for which no agree17 ment of the type described in paragraph (1) of this sub18 section has been reached at the end of the period specified

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

20 as the Secretary deems appropriate in order to protect

21 Lechuguilla Cave and the other significant cave resources

22 of Carlsbad Caverns National Park and the lands within

23 the cave protection area.

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

25 include acquisition of the lands covered by such leases or
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1 any interests therein. In the event of such acquisition, any

2 lands or interests therein so acquired shall be managed

3 pursuant to the Federal Land Policy and Management Act

4 of 1976 and other applicable law, including this Act.

5 (3) To the extent the Secretary deems desirable, the

6 Secretary shall seek the cooperation of the State of New

7 Mexico and any other parties owning lands within the cave

8 protection area with respect to such restrictions on the

9 use of relevant lands owned by such parties as the Sec10 retary may suggest in order to further the protection of

11 Lechuguilla Cave and the other significant cave resources

12 of Carlsbad Caverns National Park and the lands within

13 the cave protection area.

14 SEC. 4. ADDITIONAL PROTECTION AND RELATION TO

15 OTHER LAWS.

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

17 of scientific analysis found by the Secretary to be relevant

18 and credible, the Secretary deems it appropriate to take

19 additional steps to protect Lechuguilla Cave or the other

20 significant cave resources of Carlsbad Caverns National

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

22 Secretary, pursuant to the authority of the Federal Land

23 Policy and Management Act of 1976 or other applicable

24 law, shall take such steps.
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1 (2) To the extent the Secretary finds appropriate in

2 order to protect Lechuguilla Cave and the other significant

3 cave resources of Carlsbad Caverns National Park or the

4 lands within the cave protection area, the Secretary may

5 limit or prohibit access to or across lands owned by the

6 United States or prohibit the removal from such lands of

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

8 Secretary may permit for scientific purposes.

9 (3) If the Secretary determines that existing law, in10 cluding this Act, provides the Secretary insufficient au11 thority to take any step the Secretary deems desirable in

12 order to protect Lechuguilla Cave or other significant cave

13 resources of Carlsbad Caverns National Park or the lands

14 within the cave protection area, the Secretary shall inform

15 the Committee on Natural Resources of the House of Rep16 resentatives and the Committee on Energy and Natural

17 Resources of the Senate concerning the additional author18 ity the Secretary believes desirable.

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

20 Act shall be construed as increasing or diminishing the

21 ability of any party to seek compensation pursuant to

22 other applicable law, including but not limited to the

23 Tucker Act (28 U.S.C. 1491), or as precluding any de24 fenses or claims otherwise available to the United States
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1 in connection with any action seeking such compensation

2 from the United States.

Passed the House of Representatives May 11, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.