Union Calendar No. 41

103D CONGRESS

1ST SESSION H. R. 698

[Report No. 103–86]

A BILL

To protect Lechuguilla Cave and other resources

National Park.and values in and adjacent to Carlsbad Caverns

MAY 11, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 41

103D CONGRESS

1ST SESSION H. R. 698

[Report No. 103–86]

To protect Lechuguilla Cave and other resources and values in and adjacent

to Carlsbad Caverns National Park.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. VENTO introduced the following bill; which was referred to the Committee

on Natural Resources

MAY 11, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on January 27, 1993]

A BILL

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 Secretary

11 of the Interior.

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

13 lands within the area depicted on the map referred to

14 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 sub6 section (a) are the lands generally depicted on the map enti7 tled ‘‘Lechuguilla Cave Protection Area’’ dated April 1993

8 and filed in accordance with subsection (c).

9 (c) PUBLICATION, FILING, CORRECTION, AND INSPEC10 TION.—

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 descrip14 tion of the lands withdrawn by subsection (a) and

15 shall file such legal description and a detailed map

16 of the lands referred to in such subsection with the

17 Committee on Natural Resources of the House of Rep18 resentatives and the Committee on Energy and Natu19 ral Resources of the Senate.

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

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

22 if included in this Act except that the Secretary may

23 correct clerical and typographical errors in such map

24 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 public

3 inspection in the offices of the Director and appro4 priate State Director of the Bureau of Land Manage5 ment.

6 (d) MANAGEMENT.—The public lands withdrawn by

7 this section shall be managed by the Secretary, through the

8 Director of the Bureau of Land Management, pursuant to

9 the Federal Land Policy and Management Act of 1976 (43

10 U.S.C. 17901 et seq.) and other applicable law, including

11 this Act.

12 SEC. 3. MANAGEMENT OF EXISTING LEASES.

13 (a) SUSPENSION OF NEW DRILLING.—(1)(A) Effective

14 on the date of enactment of this Act, the Secretary shall

15 not permit any new drilling on or involving any valid min16 eral or geothermal leases within the lands withdrawn by

17 section 2.

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

19 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 Sec22 retary shall require suspension of any other activities with

23 respect to such leases.

24 (2) The prohibition on new drilling imposed by para25 graph (1) shall remain in effect until the effective date of
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1 a record of decision regarding the proposal to drill analyzed

2 in the Dark Canyon Environmental Impact Statement, or

3 for 12 months after the date of enactment of this Act, which4 ever first occurs. Nothing in this subsection shall be con5 strued as requiring the Secretary to permit or prohibit new

6 drilling after such period.

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

8 in subsection (a)(2), the Secretary shall seek the agreement

9 of the holders of existing valid mineral or geothermal leases

10 on the public lands withdrawn by section 2(a) for the termi11 nation of such leases or to such restrictions on activities

12 on lands covered by such leases as the Secretary deems ap13 propriate to protect Lechuguilla Cave and the other signifi14 cant cave resources of Carlsbad Caverns National Park and

15 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 as

20 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 pur3 suant to the Federal Land Policy and Management Act of

4 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 use

9 of relevant lands owned by such parties as the Secretary

10 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 of

17 scientific analysis found by the Secretary to be relevant and

18 credible, the Secretary deems it appropriate to take addi19 tional steps to protect Lechuguilla Cave or the other signifi20 cant cave resources of Carlsbad Caverns National Park and

21 the lands within the cave protection area, the Secretary,

22 pursuant to the authority of the Federal Land Policy and

23 Management Act of 1976 or other applicable law, shall take

24 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 Sec8 retary may permit for scientific purposes.

9 (3) If the Secretary determines that existing law, in10 cluding this Act, provides the Secretary insufficient author11 ity to take any step the Secretary deems desirable in order

12 to protect Lechuguilla Cave or other significant cave re13 sources 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 Re17 sources of the Senate concerning the additional authority

18 the Secretary believes desirable.

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

20 shall be construed as increasing or diminishing the ability

21 of any party to seek compensation pursuant to other appli22 cable law, including but not limited to the Tucker Act (28

23 U.S.C. 1491), or as precluding any defenses or claims other24 wise available to the United States in connection with any

25 action seeking such compensation from the United States.