II 

113TH CONGRESS 

1ST SESSION S. 1805 

To designate the Organ Mountains and other public land as components 

of the National Wilderness Preservation System in the State of New 

Mexico, to establish the Organ Mountains—Desert Peaks National Monument, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12 (legislative day, DECEMBER 11), 2013 

Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate the Organ Mountains and other public land 

as components of the National Wilderness Preservation 

System in the State of New Mexico, to establish the 

Organ Mountains—Desert Peaks National Monument, 

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 ‘‘Organ Mountains— 

5 Desert Peaks Conservation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) MANAGEMENT PLAN.—The term ‘‘manage2 ment plan’’ means the management plan for the 

3 Monument developed under section 4(d). 

4 (2) MONUMENT.—The term ‘‘Monument’’ 

5 means the Organ Mountains—Desert Peaks Na6 tional Monument established by section 4(a). 

7 (3) PUBLIC LAND ORDER.—The term ‘‘Public 

8 Land Order’’ means the Public Land Order 833, 

9 dated May 21, 1952 (17 Fed. Reg. 4822). 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (5) STATE.—The term ‘‘State’’ means the State 

13 of New Mexico. 

14 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

15 (a) IN GENERAL.—In accordance with the Wilderness 

16 Act (16 U.S.C. 1131 et seq.), the following areas in the 

17 State are designated as wilderness and as components of 

18 the National Wilderness Preservation System: 

19 (1) ADEN LAVA FLOW WILDERNESS.—Certain 

20 land administered by the Bureau of Land Manage21 ment in Don ̃a Ana County comprising approximately 

22 27,673 acres, as generally depicted on the map enti23 tled ‘‘Potrillo Mountains Complex’’ and dated De24 cember 10, 2013, which shall be known as the 

25 ‘‘Aden Lava Flow Wilderness’’. 


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1 (2) BROAD CANYON WILDERNESS.—Certain 

2 land administered by the Bureau of Land Manage3 ment in Don ̃a Ana County comprising approximately 

4 13,902 acres, as generally depicted on the map enti5 tled ‘‘Desert Peaks Wilderness’’ and dated Decem6 ber 10, 2013, which shall be known as the ‘‘Broad 

7 Canyon Wilderness’’. 

8 (3) CINDER CONE WILDERNESS.—Certain land 

9 administered by the Bureau of Land Management in 

10 Don ̃a Ana County comprising approximately 16,935 

11 acres, as generally depicted on the map entitled 

12 ‘‘Potrillo Mountains Complex’’ and dated December 

13 10, 2013, which shall be known as the ‘‘Cinder Cone 

14 Wilderness’’. 

15 (4) ORGAN MOUNTAINS WILDERNESS.—Certain 

16 land administered by the Bureau of Land Manage17 ment in Don ̃a Ana County comprising approximately 

18 19,197 acres, as generally depicted on the map enti19 tled ‘‘Organ Mountains Area’’ and dated December 

20 10, 2013, which shall be known as the ‘‘Organ 

21 Mountains Wilderness’’, the boundary of which shall 

22 be offset 400 feet from the centerline of Dripping 

23 Springs Road in T. 23 S., R. 04 E., sec. 7, New 

24 Mexico Principal Meridian. 


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1 (5) POTRILLO MOUNTAINS WILDERNESS.—Cer2 tain land administered by the Bureau of Land Man3 agement in Don ̃a Ana and Luna counties comprising 

4 approximately 125,854 acres, as generally depicted 

5 on the map entitled ‘‘Potrillo Mountains Complex’’ 

6 and dated December 10, 2013, which shall be known 

7 as the ‘‘Potrillo Mountains Wilderness’’. 

8 (6) ROBLEDO MOUNTAINS WILDERNESS.—Cer9 tain land administered by the Bureau of Land Man10 agement in Don ̃a Ana County comprising approxi11 mately 16,776 acres, as generally depicted on the 

12 map entitled ‘‘Desert Peaks Complex’’ and dated 

13 December 10, 2013, which shall be known as the 

14 ‘‘Robledo Mountains Wilderness’’. 

15 (7) SIERRA DE LAS UVAS WILDERNESS.—Cer16 tain land administered by the Bureau of Land Man17 agement in Don ̃a Ana County comprising approxi18 mately 11,114 acres, as generally depicted on the 

19 map entitled ‘‘Desert Peaks Complex’’ and dated 

20 December 10, 2013, which shall be known as the 

21 ‘‘Sierra de las Uvas Wilderness’’. 

22 (8) WHITETHORN WILDERNESS.—Certain land 

23 administered by the Bureau of Land Management in 

24 Don ̃a Ana and Luna counties comprising approxi25 mately 9,616 acres, as generally depicted on the 


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1 map entitled ‘‘Potrillo Mountains Complex’’ and 

2 dated December 10, 2013, which shall be known as 

3 the ‘‘Whitethorn Wilderness’’. 

4 (b) MANAGEMENT.—Subject to valid existing rights, 

5 the wilderness areas designated by subsection (a) shall be 

6 administered by the Secretary in accordance with this Act 

7 and the Wilderness Act (16 U.S.C. 1131 et seq.) except 

8 that— 

9 (1) any reference in the Wilderness Act to the 

10 effective date of that Act shall be considered to be 

11 a reference to the date of enactment of this Act; and 

12 (2) any reference in the Wilderness Act to the 

13 Secretary of Agriculture shall be considered to be a 

14 reference to the Secretary of the Interior. 

15 (c) INCORPORATION OF ACQUIRED LAND AND INTER16 ESTS IN LAND.—Any land or interest in land that is with17 in the boundary of a wilderness area designated by sub18 section (a) that is acquired by the United States shall— 

19 (1) become part of the wilderness area within 

20 the boundaries of which the land is located; and 

21 (2) be managed in accordance with— 

22 (A) the Wilderness Act (16 U.S.C. 1131 et 

23 seq.); 

24 (B) this Act; and 

25 (C) any other applicable laws. 


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1 (d) GRAZING.—Grazing of livestock in the wilderness 

2 areas designated by subsection (a), where established be3 fore the date of enactment of this Act, shall be adminis4 tered in accordance with— 

5 (1) section 4(d)(4) of the Wilderness Act (16 

6 U.S.C. 1133(d)(4)); and 

7 (2) the guidelines set forth in Appendix A of 

8 the Report of the Committee on Interior and Insular 

9 Affairs to accompany H.R. 2570 of the 101st Con10 gress (H. Rept. 101–405). 

11 (e) MILITARY OVERFLIGHTS.—Nothing in this sec12 tion restricts or precludes— 

13 (1) low-level overflights of military aircraft over 

14 the wilderness areas designated by subsection (a), 

15 including military overflights that can be seen or 

16 heard within the wilderness areas; 

17 (2) the designation of new units of special air18 space over the wilderness areas designated by this 

19 Act; or 

20 (3) the use or establishment of military flight 

21 training routes over wilderness areas designated by 

22 this Act. 

23 (f) BUFFER ZONES.— 


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1 (1) IN GENERAL.—Nothing in this section cre2 ates a protective perimeter or buffer zone around 

3 any wilderness area designated by subsection (a). 

4 (2) ACTIVITIES OUTSIDE WILDERNESS

5 AREAS.—The fact that an activity or use on land 

6 outside any wilderness area designated by subsection 

7 (a) can be seen or heard within the wilderness area 

8 shall not preclude the activity or use outside the 

9 boundary of the wilderness area. 

10 (g) PARAGLIDING.—The use of paragliding within 

11 areas of the Potrillo Mountains Wilderness designated by 

12 subsection (a)(5) in which the use has been established 

13 before the date of enactment of this Act, shall be allowed 

14 to continue in accordance with section 4(d)(1) of the Wil15 derness Act (16 U.S.C. 1133(d)(1)), subject to any terms 

16 and conditions that the Secretary determines to be nec17 essary. 

18 (h) POTENTIAL WILDERNESS AREA.— 

19 (1) ROBLEDO MOUNTAINS POTENTIAL WILDER20 NESS AREA.— 

21 (A) IN GENERAL.—Certain land adminis22 tered by the Bureau of Land Management, 

23 comprising approximately 100 acres as gen24 erally depicted as ‘‘Potential Wilderness’’ on the 

25 map entitled ‘‘Desert Peaks Complex’’ and 


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1 dated December 10, 2013, is designated as a 

2 potential wilderness area. 

3 (B) USES.—The Secretary shall permit 

4 only such uses on the land described in sub5 paragraph (A) that were permitted on the date 

6 of enactment of this Act. 

7 (C) DESIGNATION AS WILDERNESS.— 

8 (i) IN GENERAL.—On the date on 

9 which the Secretary publishes in the Fed10 eral Register the notice described in clause 

11 (ii), the potential wilderness area des12 ignated under subparagraph (A) shall be— 

13 (I) designated as wilderness and 

14 as a component of the National Wil15 derness Preservation System; and 

16 (II) incorporated into the 

17 Robledo Mountains Wilderness des18 ignated by subsection (a)(6). 

19 (ii) NOTICE.—The notice referred to 

20 in clause (i) is notice that— 

21 (I) the communications site with22 in the potential wilderness area des23 ignated under subparagraph (A) is no 

24 longer used; 


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1 (II) the associated right-of-way is 

2 relinquished or not renewed; and 

3 (III) the conditions in the poten4 tial wilderness area designated by sub5 paragraph (A) are compatible with the 

6 Wilderness Act (16 U.S.C. 1131 et 

7 seq.). 

8 (i) RELEASE OF WILDERNESS STUDY AREAS.—Con9 gress finds that, for purposes of section 603(c) of the Fed10 eral Land Policy and Management Act of 1976 (43 U.S.C. 

11 1782(c)), the public land in Don ̃a Ana County adminis12 tered by the Bureau of Land Management not designated 

13 as wilderness by subsection (a)— 

14 (1) has been adequately studied for wilderness 

15 designation; 

16 (2) is no longer subject to section 603(c) of the 

17 Federal Land Policy and Management Act of 1976 

18 (43 U.S.C. 1782(c)); and 

19 (3) shall be managed in accordance with— 

20 (A) the Federal Land Policy and Manage21 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

22 (B) this Act; and 

23 (C) any other applicable laws. 


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1 SEC. 4. ESTABLISHMENT OF NATIONAL MONUMENT. 

2 (a) ESTABLISHMENT.—There is established as a Na3 tional Monument in the State certain land administered 

4 by the Bureau of Land Management in Don ̃a Ana County 

5 comprising approximately 498,815 acres, as generally de6 picted on the maps entitled ‘‘Organ Mountains Area’’, 

7 ‘‘Potrillo Mountains Complex’’, and ‘‘Desert Peaks Com8 plex’’ and dated December 10, 2013, to be known as the 

9 ‘‘Organ Mountains–Desert Peaks National Monument’’. 

10 (b) PURPOSE.—The purpose of the Monument is to 

11 conserve, protect, and enhance for the benefit and enjoy12 ment of present and future generations the cultural, ar13 chaeological, historical, natural, wildlife, geological, eco14 logical, watershed, educational, scenic, and recreational re15 sources and values of the Monument. 

16 (c) MANAGEMENT.— 

17 (1) IN GENERAL.—The Secretary (acting 

18 through the Director of the Bureau of Land Man19 agement) shall manage the Monument— 

20 (A) in a manner that conserves, protects, 

21 and enhances the resources of the Monument; 

22 and 

23 (B) in accordance with— 

24 (i) the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1701 et 

26 seq.); 


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1 (ii) this Act; and 

2 (iii) any other applicable laws. 

3 (2) USES.— 

4 (A) IN GENERAL.—The Secretary shall 

5 allow only such uses of the Monument that the 

6 Secretary determines would further the purpose 

7 described in subsection (b). 

8 (B) USE OF MOTORIZED VEHICLES.— 

9 (i) IN GENERAL.—Except as needed 

10 for administrative purposes or to respond 

11 to an emergency, the use of motorized ve12 hicles in the Monument shall be permitted 

13 only on roads designated for use by motor14 ized vehicles in the management plan. 

15 (ii) NEW ROADS.—No additional road 

16 shall be built within the Monument after 

17 the date of enactment of this Act unless 

18 the road is necessary for public safety or 

19 natural resource protection. 

20 (C) GRAZING.—The Secretary shall permit 

21 grazing within the Monument, where estab22 lished before the date of enactment of this 

23 Act— 


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1 (i) subject to all applicable laws (in2 cluding regulations) and Executive orders; 

3 and 

4 (ii) consistent with the purpose de5 scribed in subsection (b). 

6 (D) UTILITY RIGHT-OF-WAY UPGRADES.— 

7 Nothing in this section precludes the Secretary 

8 from renewing or authorizing the upgrading 

9 (including widening) of a utility right-of-way in 

10 existence as of the date of enactment of this 

11 Act through the Monument in a manner that 

12 minimizes harm to the purpose of the Monu13 ment described in subsection (b)— 

14 (i) in accordance with— 

15 (I) the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 

17 et seq.); and 

18 (II) any other applicable law; and 

19 (ii) subject to such terms and condi20 tions as the Secretary determines to be ap21 propriate. 

22 (E) RIGHT-OF-WAY.—Subject to applicable 

23 law, the Secretary may issue rights-of-way for 

24 watershed restoration projects and small-scale 

25 flood prevention projects within the boundary of 


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1 the Monument if the right-of-way is consistent 

2 with the purpose of the Monument described in 

3 subsection (b). 

4 (d) MANAGEMENT PLAN.— 

5 (1) IN GENERAL.—Not later than 3 years after 

6 the date of enactment of this Act, the Secretary 

7 shall develop a management plan for the Monument. 

8 (2) CONSULTATION.—The management plan 

9 shall be developed in consultation with— 

10 (A) interested Federal agencies; 

11 (B) State, tribal, and local governments; 

12 and 

13 (C) the public. 

14 (3) CONSIDERATIONS.—In preparing and imple15 menting the management plan, the Secretary shall— 

16 (A) consider the recommendations of In17 dian tribes and pueblos on methods for pro18 viding access to, and protection for, traditional 

19 cultural and religious sites in the Monument; 

20 and 

21 (B) include a watershed health assessment 

22 to identify opportunities for watershed restora23 tion. 

24 (e) INCORPORATION OF ACQUIRED LAND AND INTER25 ESTS IN LAND.— 


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1 (1) IN GENERAL.—Any land or interest in land 

2 that is within the boundary of the Monument des3 ignated by subsection (a) or within the State trust 

4 land described in paragraph (2) that is acquired by 

5 the United States shall— 

6 (A) become part of the Monument; and 

7 (B) be managed in accordance with— 

8 (i) this Act; and 

9 (ii) any other applicable laws. 

10 (2) DESCRIPTION OF STATE TRUST LAND.— 

11 The State trust land referred to in paragraph (1) is 

12 the State trust land in T. 22 S., R 01 W., New Mex13 ico Principal Meridian and T. 22 S., R. 02 W., New 

14 Mexico Principal Meridian. 

15 (f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

16 On the date of enactment of this Act, administrative juris17 diction over the approximately 2,050 acres of land gen18 erally depicted as ‘‘Parcel D’’ on the map entitled ‘‘Organ 

19 Mountains Area’’ and dated December 10, 2013, shall— 

20 (1) be transferred from the Secretary of De21 fense to the Secretary; 

22 (2) become part of the Monument; and 

23 (3) be managed in accordance with— 

24 (A) this Act; and 

25 (B) any other applicable laws. 


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1 SEC. 5. GENERAL PROVISIONS. 

2 (a) MAPS AND LEGAL DESCRIPTIONS.— 

3 (1) IN GENERAL.—As soon as practicable after 

4 the date of enactment of this Act, the Secretary 

5 shall file maps and legal descriptions of the Monu6 ment and the wilderness areas designated by this 

7 Act with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources 

11 of the House of Representatives. 

12 (2) FORCE OF LAW.—The maps and legal de13 scriptions filed under paragraph (1) shall have the 

14 same force and effect as if included in this Act, ex15 cept that the Secretary may correct errors in the 

16 maps and legal descriptions. 

17 (3) PUBLIC AVAILABILITY.—The maps and 

18 legal descriptions filed under paragraph (1) shall be 

19 on file and available for public inspection in the ap20 propriate offices of the Bureau of Land Manage21 ment. 

22 (b) NATIONAL LANDSCAPE CONSERVATION SYS23 TEM.—The Monument and the wilderness areas des24 ignated by this Act shall be administered as components 

25 of the National Landscape Conservation System. 


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1 (c) FISH AND WILDLIFE.—Nothing in this Act af2 fects the jurisdiction of the State with respect to fish and 

3 wildlife located on public land in the State, except that 

4 the Secretary, after consultation with the New Mexico De5 partment of Game and Fish, may designate zones where, 

6 and establish periods during which, no hunting or fishing 

7 shall be permitted for reasons of public safety, administra8 tion, or compliance with applicable law. 

9 (d) WITHDRAWALS.— 

10 (1) IN GENERAL.—Subject to valid existing 

11 rights, the Federal land within the Monument, the 

12 wilderness areas designated by this Act, and any 

13 land or interest in land that is acquired by the 

14 United States in the Monument or wilderness areas 

15 after the date of enactment of this Act is withdrawn 

16 from— 

17 (A) entry, appropriation, or disposal under 

18 the public land laws; 

19 (B) location, entry, and patent under the 

20 mining laws; and 

21 (C) operation of the mineral leasing, min22 eral materials, and geothermal leasing laws. 

23 (2) PARCEL A.—The approximately 1,300 acres 

24 of land generally depicted as ‘‘Parcel A’’ on the map 

25 entitled ‘‘Organ Mountains Area’’ and dated DecemVerDate Mar 15 2010 01:37 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1805.IS S1805

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1 ber 10, 2013, is withdrawn in accordance with para2 graph (1), except that the land is not withdrawn 

3 from disposal under the Act of June 14, 1926 (com4 monly known as the ‘‘Recreation and Public Pur5 poses Act’’) (43 U.S.C. 869 et seq.). 

6 (3) PARCEL B.—The approximately 6,500 acres 

7 of land generally depicted as ‘‘Parcel B’’ on the map 

8 entitled ‘‘Organ Mountains Area’’ and dated Decem9 ber 10, 2013, is withdrawn in accordance with para10 graph (1), except that the land is not withdrawn for 

11 purposes of the issuance of oil and gas pipeline 

12 rights-of-way. 

13 (e) CLIMATOLOGIC DATA COLLECTION.—Subject to 

14 such terms and conditions as the Secretary may prescribe, 

15 nothing in this Act precludes the installation and mainte16 nance of hydrologic, meteorologic, or climatologic collec17 tion devices in the Monument or wilderness areas des18 ignated by section 3(a) if the facilities and access to the 

19 facilities are essential to flood warning, flood control, or 

20 water reservoir operation activities. 

21 SEC. 6. BORDER SECURITY. 

22 (a) IN GENERAL.—Nothing in this Act— 

23 (1) prevents the Secretary of Homeland Secu24 rity from undertaking law enforcement and border 

25 security activities, in accordance with section 4(c) of 


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1 the Wilderness Act (16 U.S.C. 1133(c)), within the 

2 areas designated as wilderness by this Act, including 

3 the ability to use motorized access within a wilder4 ness area while in pursuit of a suspect; 

5 (2) affects the 2006 Memorandum of Under6 standing among the Department of Homeland Secu7 rity, the Department of the Interior, and the De8 partment of Agriculture regarding cooperative na9 tional security and counterterrorism efforts on Fed10 eral land along the borders of the United States; or 

11 (3) prevents the Secretary of Homeland Secu12 rity from conducting any low-level overflights over 

13 the wilderness areas designated by this Act that may 

14 be necessary for law enforcement and border secu15 rity purposes. 

16 (b) WITHDRAWAL AND ADMINISTRATION OF CER17 TAIN AREA.— 

18 (1) WITHDRAWAL.—The area identified as 

19 ‘‘Parcel E’’ on the map entitled ‘‘Potrillo Mountains 

20 Complex’’ and dated December 10, 2013, is with21 drawn in accordance with section 5(d)(1). 

22 (2) ADMINISTRATION.—Except as provided in 

23 paragraphs (3) and (4), the Secretary shall admin24 ister the area described in paragraph (1) in a manVerDate Mar 15 2010 01:37 Dec 14, 2013 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1805.IS S1805

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1 ner that, to the maximum extent practicable, pro2 tects the wilderness character of the area. 

3 (3) USE OF MOTOR VEHICLES.—The use of 

4 motor vehicles, motorized equipment, and mechan5 ical transport shall be prohibited in the area de6 scribed in paragraph (1) except as necessary for— 

7 (A) the administration of the area (includ8 ing the conduct of law enforcement and border 

9 security activities in the area); or 

10 (B) grazing uses by authorized permittees. 

11 (4) EFFECT OF SUBSECTION.—Nothing in this 

12 subsection precludes the Secretary from allowing 

13 within the area described in paragraph (1) the in14 stallation and maintenance of communication or sur15 veillance infrastructure necessary for law enforce16 ment or border security activities. 

17 (c) RESTRICTED ROUTE.—The route excluded from 

18 the Potrillo Mountains Wilderness identified as ‘‘Re19 stricted—Administrative Access’’ on the map entitled 

20 ‘‘Potrillo Mountains Complex’’ and dated December 10, 

21 2013, shall be— 

22 (1) closed to public access; but 

23 (2) available for administrative and law enforce24 ment uses, including border security activities. 


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1 SEC. 7. PREHISTORIC TRACKWAYS NATIONAL MONUMENT 

2 BOUNDARY ADJUSTMENT. 

3 Section 2103 of the Omnibus Public Land Manage4 ment Act of 2009 (16 U.S.C. 431 note; Public Law 111– 

5 11; 123 Stat. 1097) is amended by striking subsection (b) 

6 and inserting the following: 

7 ‘‘(b) DESCRIPTION OF LAND.—The Monument shall 

8 consist of approximately 5,750 acres of public land in 

9 Don ̃a Ana County, New Mexico, as generally depicted on 

10 the map entitled ‘Desert Peaks Complex’ and dated De11 cember 10, 2013.’’. 

12 SEC. 8. RESERVATION OF LAND FOR MILITARY PURPOSES. 

13 (a) RESERVATION.—The approximately 5,100 acres 

14 of land generally depicted as ‘‘Parcel C’’ on the map enti15 tled ‘‘Organ Mountains Area’’ and dated December 10, 

16 2013, is reserved for use by the Secretary of the Army 

17 for military purposes, in accordance with the Public Land 

18 Order. 

19 (b) WITHDRAWAL.—Subject to valid existing rights, 

20 the land described in subsection (a) is withdrawn from— 

21 (1) entry, appropriation, or disposal under the 

22 public land laws; 

23 (2) location, entry, and patent under the mining 

24 laws; and 

25 (3) operation of the mineral leasing, mineral 

26 materials, and geothermal leasing laws. 


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1 (c) MODIFICATION OF PUBLIC LAND ORDER.—The 

2 Public Land Order is modified to exclude the land de3 scribed in section 4(f). 

4 (d) PUBLICATION IN FEDERAL REGISTER.—As soon 

5 as practicable after the date of enactment of this Act, the 

6 Secretary shall publish in the Federal Register— 

7 (1) a legal description of the land described in 

8 section 4(f); 

9 (2) a legal description of the land described in 

10 subsection (a); 

11 (3) a description of the withdrawal of land 

12 under subsection (b); and 

13 (4) a description of the modifications to the 

14 Public Land Order under subsection (c). 

15 (e) REIMBURSEMENT OF COSTS.—The Secretary of 

16 the Army shall reimburse the Secretary for any costs in17 curred by the Secretary in carrying out this section. 

18 SEC. 9. LAND EXCHANGES. 

19 (a) IN GENERAL.—Subject to subsections (c) through 

20 (f), the Secretary shall attempt to enter into an agreement 

21 to initiate an exchange under section 2201.1 of title 43, 

22 Code of Federal Regulations (or successor regulations), 

23 with the Commissioner of Public Lands of New Mexico, 

24 by the date that is 18 months after the date of enactment 

25 of this Act, to provide for a conveyance to the State of 


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1 all right, title, and interest of the United States in and 

2 to Bureau of Land Management land in the State identi3 fied under subsection (b) in exchange for the conveyance 

4 by the State to the Secretary of all right, title, and interest 

5 of the State in and to parcels of State trust land within 

6 the boundary of the Monument identified under that sub7 section or described in section 4(e)(2). 

8 (b) IDENTIFICATION OF LAND FOR EXCHANGE.— 

9 The Secretary and the Commissioner of Public Lands of 

10 New Mexico shall jointly identify the Bureau of Land 

11 Management land and State trust and eligible for ex12 change under this section, the exact acreage and legal de13 scription of which shall be determined by surveys approved 

14 by the Secretary and the New Mexico State Land Office. 

15 (c) APPLICABLE LAW.—A land exchange under sub16 section (a) shall be carried out in accordance with section 

17 206 of the Federal Land Policy and Management Act of 

18 1976 (43 U.S.C. 1716). 

19 (d) CONDITIONS.—A land exchange under subsection 

20 (a) shall be subject to— 

21 (1) valid existing rights; and 

22 (2) such terms as the Secretary and the State 

23 shall establish. 

24 (e) VALUATION, APPRAISALS, AND EQUALIZATION.— 


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1 (1) IN GENERAL.—The value of the Bureau of 

2 Land Management land and the State trust land to 

3 be conveyed in a land exchange under this sub4 section— 

5 (A) shall be equal, as determined by ap6 praisals conducted in accordance with para7 graph (2); or 

8 (B) if not equal, shall be equalized in ac9 cordance with paragraph (3). 

10 (2) APPRAISALS.— 

11 (A) IN GENERAL.—The Bureau of Land 

12 Management land and State trust land to be 

13 exchanged under this section shall be appraised 

14 by an independent, qualified appraiser that is 

15 agreed to by the Secretary and the State. 

16 (B) REQUIREMENTS.—An appraisal under 

17 subparagraph (A) shall be conducted in accord18 ance with— 

19 (i) the Uniform Appraisal Standards 

20 for Federal Land Acquisitions; and 

21 (ii) the Uniform Standards of Profes22 sional Appraisal Practice. 

23 (3) EQUALIZATION.— 

24 (A) IN GENERAL.—If the value of the Bu25 reau of Land Management land and the State 


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1 trust land to be conveyed in a land exchange 

2 under this section is not equal, the value may 

3 be equalized by— 

4 (i) making a cash equalization pay5 ment to the Secretary or to the State, as 

6 appropriate, in accordance with section 

7 206(b) of the Federal Land Policy and 

8 Management Act of 1976 (43 U.S.C. 

9 1716(b)); or 

10 (ii) reducing the acreage of the Bu11 reau of Land Management land or State 

12 trust land to be exchanged, as appropriate. 

13 (B) CASH EQUALIZATION PAYMENTS.— 

14 Any cash equalization payments received by the 

15 Secretary under subparagraph (A)(i) shall be— 

16 (i) deposited in the Federal Land Dis17 posal Account established by section 

18 206(a) of the Federal Land Transaction 

19 Facilitation Act (43 U.S.C. 2305(a)); and 

20 (ii) used in accordance with that Act. 

21 (f) LIMITATION.—No exchange of land shall be con22 ducted under this section unless mutually agreed to by the 

23 Secretary and the State. 


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25 

•S 1805 IS

1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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