II

103D CONGRESS

1ST SESSION S. 1049

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

to Carlsbad Caverns National Park, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27 (legislative day, APRIL 19), 1993

Mr. BINGAMAN (for himself, Mr. DOMENICI, and Mr. DASCHLE) introduced

the following bill; which was read twice and referred to the Committee

on Energy and Natural Resources

A BILL

To protect Lechuguilla Cave and other resources and values

in and adjacent to Carlsbad Caverns National Park, 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 ‘‘Lechuguilla Cave Pro5 tection Act of 1993’’.

6 SEC. 2. FINDINGS.

7 Congress finds that Lechuguilla Cave and other sig8 nificant cave resources of Carlsbad Caverns National Park

9 and adjacent public lands in the cave protection area have
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1 internationally significant scientific, environmental, and

2 other values, and should be retained in public ownership

3 and protected against adverse effects of mineral explo4 ration and development and other activities presenting

5 threats to the areas.

6 SEC. 3. DEFINITIONS

7 As used in this Act (except as otherwise specified in

8 this Act):

9 (1) CAVE PROTECTION AREA.—The term ‘‘cave

10 protection area’’ means the lands within the area de11 picted on the map referred to in section 4(b).

12 (2) SECRETARY.—The term ‘‘Secretary’’ means

13 the Secretary of the Interior.

14 (3) OTHER TERMS.—All other terms, including

15 the term ‘‘public lands’’, shall have the same mean16 ing as the terms have in the Federal Land Policy

17 and Management Act of 1976 (43 U.S.C. 1701 et

18 seq.).

19 SEC. 4. LAND WITHDRAWAL.

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

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

22 boundaries of the cave protection area that are subject to

23 or may become subject to the operation of the public land

24 laws, are withdrawn from all forms of appropriation or

25 disposal under the public land laws (including the mining
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1 and material disposal laws) and from the operation of the

2 mineral leasing and geothermal leasing laws.

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

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

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

6 1993 and filed in accordance with subsection (c).

7 (c) PUBLICATION, FILING, CORRECTION, AND IN8 SPECTION.—

9 (1) IN GENERAL.—As soon as is practicable

10 after the date of enactment of this Act, the Sec11 retary shall publish in the Federal Register a notice

12 containing the legal description of the lands with13 drawn under subsection (a) and shall file the legal

14 description and a detailed map of the lands referred

15 to in subsection (a) with the Committee on Natural

16 Resources of the House of Representatives and the

17 Committee on Energy and Natural Resources of the

18 Senate.

19 (2) FORCE AND EFFECT.—The map and legal

20 description referred to in paragraph (1) shall have

21 the same force and effect as if included in this Act

22 except that the Secretary may correct clerical and

23 typographical errors in the map and legal descrip24 tion.
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1 (3) INSPECTION.—Copies of the map and legal

2 description referred to in subsection (b) shall be

3 available for public inspection in the offices of the

4 Director and appropriate State Director of the Bu5 reau of Land Management.

6 (d) MANAGEMENT.—The public lands withdrawn

7 under subsection (a) shall be managed by the Secretary,

8 acting through the Director of the Bureau of Land Man9 agement, pursuant to the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. 1701 et seq.) and other

11 applicable laws, including this Act.

12 SEC. 5. MANAGEMENT OF EXISTING LEASES.

13 (a) SUSPENSION OF NEW DRILLING.—

14 (1) IN GENERAL.—

15 (A) PROHIBITION.—The Secretary shall

16 not permit any new drilling on or involving any

17 valid mineral or geothermal leases within the

18 lands withdrawn under section 4.

19 (B) SUSPENSION.—The Secretary shall re20 quire the suspension of any activities with re21 spect to mineral or geothermal leases if the Sec22 retary determines that to do so is necessary to

23 prevent an adverse impact on Lechuguilla Cave

24 or other significant cave resources of Carlsbad
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1 Caverns National Park and the lands within the

2 cave protection area.

3 (2) DURATION.—

4 (A) IN GENERAL.—The prohibition on new

5 drilling imposed by the Secretary under para6 graph (1) shall remain in effect until the effec7 tive date of a record of decision regarding the

8 proposal to drill is analyzed in the Dark Can9 yon Environmental Impact Statement, or for 12

10 months after the date of enactment of this Act,

11 whichever occurs first.

12 (B) AFTER PROHIBITION PERIOD.—Noth13 ing in this subsection shall be construed to re14 quire the Secretary to permit or prohibit new

15 drilling after the period specified in subpara16 graph (A).

17 (b) NEGOTIATIONS.—

18 (1) AGREEMENTS FOR TERMINATION OF

19 LEASES.—During the period specified in subsection

20 (a)(2), the Secretary shall seek the agreement of the

21 holder of a valid existing mineral or geothermal lease

22 on the public lands withdrawn under section 4(a) for

23 the termination of the lease or to such restrictions

24 on activities on lands covered by the lease as the

25 Secretary determines to be appropriate to protect
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1 Lechuguilla Cave and the other significant cave re2 sources of Carlsbad Caverns National Park and the

3 lands within the cave protection area. The Secretary

4 shall seek such agreement with due regard to the

5 value of the oil and gas resources which the owners

6 thereof will not be allowed to recover or produce.

7 (2) NO AGREEMENT.—

8 (A) IN GENERAL.—With respect to any

9 lease for which no agreement of the type de10 scribed in paragraph (1) has been reached at

11 the end of the period specified in subsection

12 (a)(2), the Secretary shall take such steps as

13 the Secretary determines to be appropriate to

14 protect Lechuguilla Cave and the other signifi15 cant cave resources of Carlsbad Caverns Na16 tional Park and the lands within the cave pro17 tection area.

18 (B) OPTIONS.—The steps referred to in

19 subparagraph (A) may include acquisition of

20 the lands covered by the lease or other inter21 ests. In the event of an acquisition, any lands

22 or interests therein acquired by the Secretary

23 shall be managed pursuant to the Federal Land

24 Policy and Management Act of 1976 (43 U.S.C.
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1 1701 et seq.) and other applicable laws, includ2 ing this Act.

3 (3) COOPERATION OF OTHER PARTIES.—To the

4 extent the Secretary determines is desirable, the

5 Secretary shall seek the cooperation of the State of

6 New Mexico and any other parties owning lands

7 within the cave protection area with respect to such

8 restrictions on the use of relevant lands owned by

9 the parties as the Secretary may suggest to further

10 the protection of Lechuguilla Cave and the other sig11 nificant care resources of Carlsbad Caverns National

12 Park and the lands within the cave protection area.

13 SEC. 6. ADDITIONAL PROTECTION AND RELATION TO

14 OTHER LAWS.

15 (a) ADDITIONAL PROTECTION.—

16 (1) IN GENERAL.—The Secretary shall take ad17 ditional steps to protect Lechuguilla Cave or the

18 other significant cave resources of Carlsbad Caverns

19 National Park and the lands within the cave protec20 tion area, if on the basis of scientific analysis found

21 by the Secretary to be relevant and credible, the Sec22 retary determines it is appropriate to do so.

23 (2) LIMITATIONS ON ACCESS.—To the extent

24 the Secretary finds appropriate to protect

25 Lechuguilla Cave and the other significant cave re-
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1 sources of Carlsbad Caverns National Park or the

2 lands within the cave protection area, the Secretary

3 may limit or prohibit access to or across lands

4 owned by the United States or prohibit the removal

5 from the lands any mineral, geological, or cave re6 sources except as the Secretary may permit for

7 scientific purposes.

8 (3) INSUFFICIENT AUTHORITY.—If the Sec9 retary determines that existing law, including this

10 Act, provides the Secretary insufficient authority to

11 take any step the Secretary determines to be desir12 able to protect Lechuguilla Cave or other significant

13 cave resources of Carlsbad Caverns National Park or

14 the lands within the cave protection area, the Sec15 retary shall inform the Committee on Natural Re16 sources of the House of Representatives and the

17 Committee on Energy and Natural Resources of the

18 Senate concerning the additional authority the Sec19 retary believes to be necessary.

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

21 Act shall be construed as increasing or diminishing the

22 ability of any party to seek compensation pursuant to any

23 applicable law, including section 1491 of title 28, United

24 States Code (commonly referred to as the ‘‘Tucker Act’’),

25 or as precluding any defense or claim otherwise available
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1 to the United States in connection with any action seeking

2 compensation from the United States.

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