```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1049 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lechuguilla Cave Protection Act of 
1993''.

SEC. 2. FINDINGS.

    Congress finds that Lechuguilla Cave and other significant cave 
resources of Carlsbad Caverns National Park and adjacent public lands 
in the cave protection area have internationally significant 
scientific, environmental, and other values, and should be retained in 
public ownership and protected against adverse effects of mineral 
exploration and development and other activities presenting threats to 
the areas.

SEC. 3. DEFINITIONS

    As used in this Act (except as otherwise specified in this Act):
            (1) Cave protection area.--The term ``cave protection 
        area'' means the lands within the area depicted on the map 
        referred to in section 4(b).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Other terms.--All other terms, including the term 
        ``public lands'', shall have the same meaning as the terms have 
        in the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).

SEC. 4. LAND WITHDRAWAL.

    (a) Withdrawal.--Subject to valid existing rights, the 
approximately 6,280 acres of public lands within the boundaries of the 
cave protection area that are subject to or may become subject to the 
operation of the public land laws, are withdrawn from all forms of 
appropriation or disposal under the public land laws (including the 
mining and material disposal laws) and from the operation of the 
mineral leasing and geothermal leasing laws.
    (b) Land Description.--The lands referred to in subsection (a) are 
the lands generally depicted on the map entitled ``Lechuguilla Cave 
Protection Area'' dated April 1993 and filed in accordance with 
subsection (c).
    (c) Publication, Filing, Correction, and Inspection.--
            (1) In general.--As soon as is practicable after the date 
        of enactment of this Act, the Secretary shall publish in the 
        Federal Register a notice containing the legal description of 
        the lands withdrawn under subsection (a) and shall file the 
        legal description and a detailed map of the lands referred to 
        in subsection (a) with the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate.
            (2) Force and effect.--The map and legal description 
        referred to in paragraph (1) shall have the same force and 
        effect as if included in this Act except that the Secretary may 
        correct clerical and typographical errors in the map and legal 
        description.
            (3) Inspection.--Copies of the map and legal description 
        referred to in subsection (b) shall be available for public 
        inspection in the offices of the Director and appropriate State 
        Director of the Bureau of Land Management.
    (d) Management.--The public lands withdrawn under subsection (a) 
shall be managed by the Secretary, acting through the Director of the 
Bureau of Land Management, pursuant to the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable 
laws, including this Act.

SEC. 5. MANAGEMENT OF EXISTING LEASES.

    (a) Suspension of New Drilling.--
            (1) In general.--
                    (A) Prohibition.--The Secretary shall not permit 
                any new drilling on or involving any valid mineral or 
                geothermal leases within the lands withdrawn under 
                section 4.
                    (B) Suspension.--The Secretary shall require the 
                suspension of any activities with respect to mineral or 
                geothermal leases if the Secretary determines that to 
                do so is necessary to prevent an adverse impact on 
                Lechuguilla Cave or other significant cave resources of 
                Carlsbad Caverns National Park and the lands within the 
                cave protection area.
            (2) Duration.--
                    (A) In general.--The prohibition on new drilling 
                imposed by the Secretary under paragraph (1) shall 
                remain in effect until the effective date of a record 
                of decision regarding the proposal to drill is analyzed 
                in the Dark Canyon Environmental Impact Statement, or 
                for 12 months after the date of enactment of this Act, 
                whichever occurs first.
                    (B) After prohibition period.--Nothing in this 
                subsection shall be construed to require the Secretary 
                to permit or prohibit new drilling after the period 
                specified in subparagraph (A).
    (b) Negotiations.--
            (1) Agreements for termination of leases.--During the 
        period specified in subsection (a)(2), the Secretary shall seek 
        the agreement of the holder of a valid existing mineral or 
        geothermal lease on the public lands withdrawn under section 
        4(a) for the termination of the lease or to such restrictions 
        on activities on lands covered by the lease as the Secretary 
        determines to be appropriate to protect Lechuguilla Cave and 
        the other significant cave resources of Carlsbad Caverns 
        National Park and the lands within the cave protection area. 
        The Secretary shall seek such agreement with due regard to the 
        value of the oil and gas resources which the owners thereof 
        will not be allowed to recover or produce.
            (2) No agreement.--
                    (A) In general.--With respect to any lease for 
                which no agreement of the type described in paragraph 
                (1) has been reached at the end of the period specified 
                in subsection (a)(2), the Secretary shall take such 
                steps as the Secretary determines to be appropriate to 
                protect Lechuguilla Cave and the other significant cave 
                resources of Carlsbad Caverns National Park and the 
                lands within the cave protection area.
                    (B) Options.--The steps referred to in subparagraph 
                (A) may include acquisition of the lands covered by the 
                lease or other interests. In the event of an 
                acquisition, any lands or interests therein acquired by 
                the Secretary shall be managed pursuant to the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 1701 
                et seq.) and other applicable laws, including this Act.
            (3) Cooperation of other parties.--To the extent the 
        Secretary determines is desirable, the Secretary shall seek the 
        cooperation of the State of New Mexico and any other parties 
        owning lands within the cave protection area with respect to 
        such restrictions on the use of relevant lands owned by the 
        parties as the Secretary may suggest to further the protection 
        of Lechuguilla Cave and the other significant care resources of 
        Carlsbad Caverns National Park and the lands within the cave 
        protection area.

SEC. 6. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.

    (a) Additional Protection.--
            (1) In general.--The Secretary shall take additional steps 
        to protect Lechuguilla Cave or the other significant cave 
        resources of Carlsbad Caverns National Park and the lands 
        within the cave protection area, if on the basis of scientific 
        analysis found by the Secretary to be relevant and credible, 
        the Secretary determines it is appropriate to do so.
            (2) Limitations on access.--To the extent the Secretary 
        finds appropriate to protect Lechuguilla Cave and the other 
        significant cave resources of Carlsbad Caverns National Park or 
        the lands within the cave protection area, the Secretary may 
        limit or prohibit access to or across lands owned by the United 
        States or prohibit the removal from the lands any mineral, 
        geological, or cave resources except as the Secretary may 
        permit for scientific purposes.
            (3) Insufficient authority.--If the Secretary determines 
        that existing law, including this Act, provides the Secretary 
        insufficient authority to take any step the Secretary 
        determines to be desirable to protect Lechuguilla Cave or other 
        significant cave resources of Carlsbad Caverns National Park or 
        the lands within the cave protection area, the Secretary shall 
        inform the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate concerning the additional authority the 
        Secretary believes to be necessary.
    (b) Relation to Other Laws.--Nothing in this Act shall be construed 
as increasing or diminishing the ability of any party to seek 
compensation pursuant to any applicable law, including section 1491 of 
title 28, United States Code (commonly referred to as the ``Tucker 
Act''), or as precluding any defense or claim otherwise available to 
the United States in connection with any action seeking compensation 
from the United States.

                                 <all>
```