Calendar No. 196

103D CONGRESS

1ST SESSION H. R. 38

[Report No. 103–139]

AN ACT

To establish the Jemez National Recreation Area in

S

the State of New Mexico, and for other purposes.

EPTEMBER 14 (legislative day, SEPTEMBER 7), 1993

Reported with amendments
II

Calendar No. 196

103D CONGRESS

1ST SESSION H. R. 38

[Report No. 103–139]

IN THE SENATE OF THE UNITED STATES

APRIL 22 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

To establish the Jemez National Recreation Area in the

State of New Mexico, 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. ESTABLISHMENT.

4 (a) PURPOSE AND ESTABLISHMENT.—In order to

5 conserve, protect, and restore the recreational, ecological,

6 cultural, religious, and wildlife resource values of the

7 Jemez Mountains, there is hereby established the Jemez

8 National Recreational Area (hereinafter in this Act re-
2

•HR 38 RS

1 ferred to as the ‘‘recreation area’’), to be administered by

2 the Secretary of Agriculture (hereinafter in this Act re3 ferred to as the ‘‘Secretary’’).

4 (b) AREA INCLUDED.—The recreation area shall be

5 comprised of approximately 57,000 acres of lands and in6 terests in lands within the Santa Fe National Forest as

7 generally depicted on the map entitled ‘‘Jemez National

8 Recreation Area—Proposed’’ and dated September 1992.

9 The map shall be on file and available for public inspection

10 in the offices of the Chief of the Forest Service, Depart11 ment of Agriculture, Washington, District of Columbia.

12 The Secretary may from time to time, in consultation with

13 local tribal leaders, make minor revisions in the boundary

14 of the recreation area to promote management effective15 ness and efficiency in furtherance of the purposes of this

16 Act.

17 (c) MAP AND DESCRIPTION.—As soon as practicable

18 after enactment of this Act, the Secretary shall file a map

19 and legal description of the recreation area with the Com20 mittee on Natural Resources of the House of Representa21 tives and with the Committee on Energy and Natural Re22 sources and the Select Committee on Indian Affairs of the

23 Senate. Such map and legal description shall have the

24 same force and effect as if included in this Act, except

25 that correction of clerical and typographical errors in such
3

•HR 38 RS

1 legal description and map may be made. Such map and

2 legal description shall be on file and available for public

3 inspection in the Office of the Chief of the Forest Service,

4 Department of Agriculture.

5 (d) NO ADDITIONAL LANDS.—No lands or interests

6 therein outside of the boundaries of the recreation area

7 may be added to the recreation area without specific au8 thorization by Congress.

9 SEC. 2. ADMINISTRATION.

10 (a) IN GENERAL.—The Secretary shall administer

11 the recreation area in accordance with this Act and the

12 laws, rules, and regulations applicable to National Forest

13 System lands in a manner that will further the purposes

14 of the recreation area. Management of the natural re15 sources within the recreation area shall be permitted only

16 to the extent that such management is compatible with

17 and does not impair the purposes for which the recreation

18 area is established. Recreational activities within the

19 recreation area shall include (but not be limited to) hiking,

20 camping, hunting, fishing, skiing, backpacking, rock

21 climbing, and swimming.

22 (b) MANAGEMENT PLAN.—The Secretary shall, no

23 later than 5 years after the enactment of this Act, develop

24 a management plan for the recreation area, as an amend25 ment to the Santa Fe National Forest Land and Resource
4

•HR 38 RS

1 Management Plan, to reflect the establishment of the

2 recreation area and to conform to the provisions of this

3 Act. Nothing in this Act shall require the Secretary to re4 vise the Santa Fe Forest Land and Resource Management

5 Plan pursuant to section 6 of the Forest and Rangeland

6 Renewable Resources Planning Act of 1974. During devel7 opment of the management plan for the recreation area,

8 the Secretary shall study newly designated land within the

9 recreation area, and adjacent national forest land.

10 (c) CULTURAL RESOURCES.—In administering the

11 recreation area, the Secretary shall give particular empha12 sis to the preservation, stabilization, and protection of cul13 tural resources located within the recreation area in fur14 therance of the Archaeological Resources Protection Act

15 of 1979, the National Historic Preservation Act, and the

16 Act of August 11, 1978 (42 U.S.C. 1991) (commonly re17 ferred to as the ‘‘American Indian Religious Freedom

18 Act’’).

19 (d) NATIVE AMERICANS.—(1) In recognition of the

20 historic use of portions of the recreation area by Indian

21 peoples for traditional cultural and religious purposes cus22 tomary uses, the Secretary shall, shall, subject to the provi23 sions of section 2(n) in consultation with local tribal lead24 ers, ensure the protection of religious and cultural sites

25 and provide access from time to time to those sites by In-
5

•HR 38 RS

1 dian peoples for traditional cultural and religious purposes

2 customary uses. Such access shall be consistent with the

3 purpose and intent of the Act of August 11, 1978 (42

4 U.S.C. 1991) (commonly referred to as the ‘‘American In5 dian Religious Freedom Act’’). The Secretary, in accord6 ance with such Act, upon request of an Indian tribe or

7 pueblo, may from time to time temporarily close to general

8 public use one or more specific portions of the recreational

9 area in order to protect the privacy of religious activities

10 and cultural uses in such portion by Indian peoples. Any

11 such closure shall be made so as to affect the smallest

12 practicable area for the minimum period necessary for

13 such purposes. The Secretary, in accordance with such Act,

14 upon request of an Indian tribe or pueblo, may from time

15 to time temporarily close to general public use one or more

16 specific portions of the recreational area in order to protect

17 traditional and customary uses in such portions by Indian

18 peoples.

19 (2) In preparing and implementing management

20 plans for the recreation area, the Secretary shall request

21 that the Governor of the Pueblo of Jemez and the chief

22 executive officers of other appropriate Indian tribes and

23 pueblos make recommendations on methods of—

24 (A) assuring access to religious and cultural

25 sites;
6

•HR 38 RS

1 (B) enhancing the privacy and continuity of

2 traditional cultural and religious activities in the

3 recreation area; and

4 (C) protecting traditional cultural and religious

5 sites in the recreation area.

6 (e) WILDLIFE RESOURCES.—In administering the

7 recreation area, the Secretary shall give particular empha8 sis to the conservation and protection of wildlife resources,

9 including species listed as sensitive by the Forest Service,

10 within the recreation area and shall comply with applicable

11 Federal and State laws relating to wildlife, including the

12 Endangered Species Act of 1973.

13 (f) HUNTING.—The Secretary shall permit hunting

14 and fishing on lands and waters under the jurisdiction of

15 the Secretary within the recreation area in accordance

16 with applicable Federal and State law. The Secretary may

17 designate zones where, and establish periods when, such

18 activities will not be permitted for reasons of public safety,

19 administration, fish and wildlife management, or public

20 use and enjoyment. Except in emergencies such designa21 tion by the Secretary under this subsection shall be put

22 into effect only after consultation with the appropriate

23 State agencies responsible for hunting and fishing activi24 ties.
7

•HR 38 RS

1 (g) TIMBER HARVESTING.—The Secretary may per2 mit timber harvesting in the recreation area for commer3 cial purposes, including (but not limited to) vigas, latillas,

4 the gathering of fuelwood, and for purposes of public safe5 ty, recreation, wildlife, and administration, insofar as the

6 harvesting is compatible with the purposes of the recre7 ation area. Trees damaged or downed due to fire, disease,

8 or insect infestation may be utilized, salvaged, or removed

9 from the recreation area as authorized by the Secretary

10 in furtherance of the purposes of this Act. Nothing in this

11 Act shall be construed to affect the timber sales under

12 contract on the date of enactment of this Act. Nothing

13 in this Act shall be construed to effect the Los Griegos

14 timber sale in the Los Griegos Diversity Unit number

15 0322 as shown on the West Half Diversity Unit map of

16 the Santa Fe National Forest dated November 1991; ex17 cept that the Secretary shall manage such sale using un18 even aged management including the individual tree selec19 tion method.

20 (h) GRAZING.—The Secretary may permit grazing

21 within the recreation area in accordance with regulations

22 prescribed by the Secretary. Riparian areas shall be man23 aged in such a manner as to protect their important re24 source values.
8

•HR 38 RS

1 (i) TRANSPORTATION PLAN.—(1) Within 1 year after

2 the date of enactment of this Act, the Secretary shall pre3 pare a transportation plan that provides for the most effi4 cient use of roads and trails to accomplish the purposes

5 of this Act. The plan shall provide for a comprehensive

6 trails system that provides for dispersed recreation while

7 minimizing impact on significant archaeological and reli8 gious sites.

9 (2) The Secretary shall construct, maintain, and close

10 roads within the recreation area after consultation with

11 local tribal leaders and only in accordance with such plan.

12 (j) RECREATIONAL FACILITIES.—The Secretary shall

13 provide for recreational facilities within the recreation

14 area. Such facilities shall be constructed so as to minimize

15 impacts on the scenic beauty, the natural character, and

16 the archaeological and religious sites of the recreation

17 area.

18 (k) VISITOR FACILITIES.—The Secretary shall estab19 lish a visitor center and interpretive facilities in or near

20 the recreation area for the purpose of providing for edu21 cation relating to the interpretation of cultural and natu22 ral resources of the recreation area.

23 (l) POWER TRANSMISSION LINES.—In accordance

24 with Federal and State laws and regulations, the Sec25 retary may permit a utility corridor for high power electric
9

•HR 38 RS

1 transmission lines within the recreation area only when

2 the Secretary determines that—

3 (1) there is not a feasible alternative for the lo4 cation of such corridor;

5 (2) damage to the recreational and scenic qual6 ity and to the archaeological and religious sites of

7 the recreation area will not be significant;

8 (3) it is in the public interest that such corridor

9 be located in the recreation area; and

10 (4) a plan to minimize harm to the resources of

11 the recreation area has been developed.

12 (m) SCIENTIFIC INVESTIGATIONS.—The Secretary

13 may permit scientific investigations within the recreation

14 area upon the Secretary’s determination that such inves15 tigations are in the public interest and are compatible with

16 the purposes of this Act.

17 (n) RESOURCE PROTECTION.—The Secretary may des18 ignate zones where, and establish periods when, any activity

19 otherwise permitted in the recreation area will not be per20 mitted for reasons of public safety, administration, fish and

21 wildlife management, protection of archaeological or cul22 tural resources, or public use and enjoyment. Except in

23 emergencies such designations by the Secretary shall be put

24 into effect only after consultation with the appropriate
10

•HR 38 RS

1 State agencies, appropriate tribal leaders, and other af2 fected parties.

3 SEC. 3. MINERALS AND MINING.

4 (a) LIMITATION ON PATENT ISSUANCE.—(1) Not5 withstanding any other provision of law, no patents shall

6 be issued after May 30, 1991, for any location or claim

7 made in the recreation area under the mining laws of the

8 United States.

9 (2) Notwithstanding any statute of limitations or

10 similar restriction otherwise applicable, any party claiming

11 to have been deprived of any property right by enactment

12 of paragraph (1) may file in the United States Claims

13 Court a claim against the United States within 1 year

14 after the date of enactment of this Act seeking compensa15 tion for such property right. The United States Claims

16 Court shall have jurisdiction to render judgment upon any

17 such claim in accordance with section 1491 of title 28,

18 United States Code.

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

20 after the date of enactment of this Act, lands within the

21 recreation area withdrawn from location under the general

22 mining laws and from the operation of the mineral leasing,

23 geothermal leasing, and mineral material disposal laws.

24 (c) RECLAMATION.—No mining activity involving any

25 surface disturbance of lands or waters within such area,
11

•HR 38 RS

1 including disturbance through subsidence, shall be per2 mitted except in accordance with requirements imposed by

3 the Secretary, including requirements for reasonable rec4 lamation of disturbed lands to a visual and hydrological

5 condition as close as practical to their premining condi6 tion.

7 (d) MINING CLAIM VALIDITY REVIEW.—The Sec8 retary of Agriculture shall undertake and complete within

9 3 years after the date of enactment of this Act an expe10 dited program to examine all unpatented mining claims,

11 including those for which a patent application has been

12 filed, within the recreation area. Upon determination by

13 the Secretary of Agriculture that the elements of a contest

14 are present, the Secretary of the Interior shall imme15 diately determine the validity of such claims. If a claim

16 is determined to be invalid, the Secretary shall promptly

17 declare the claim to be null and void.

18 (e) PUBLIC PURPOSES.—The Secretary may utilize

19 mineral materials from within the recreation area for pub20 lic purposes such as maintenance and construction of

21 roads, trails, and facilities as long as such use is compat22 ible with the purposes of the recreation area.

23 SEC. 4. ADJOINING LANDS.

24 The Secretary may evaluate lands adjoining the

25 recreation area for possible inclusion in the recreation area
12

•HR 38 RS

1 and make recommendations to Congress, including (but

2 not limited to) that area authorized for study by section

3 5 of Public Law 101–556 (104 Stat. 2764), known as the

4 Baca Location Number 1. The Secretary, in consultation

5 with local tribal leaders and the National Park Service,

6 shall, no later than 2 years after enactment of this Act,

7 submit recommendations with respect to future bound8 aries for the recreation area.

9 SEC. 5. ACQUISITION OF LAND.

10 (a) STATE LAND.—Land and interests in land within

11 the boundaries of the recreation area that are owned by the

12 State of New Mexico, or a political subdivision of New Mex13 ico, may be acquired only by donation or exchange.

14 (b) OFFERS TO SELL.—

15 (1) IN GENERAL.—Subject to paragraph (2), the

16 Secretary may acquire land and interests in land

17 within the boundaries of the recreation area by dona18 tion, purchase with donated or appropriated funds, or

19 exchange.

20 (2) LIMITATION.—The Secretary may not ac21 quire lands within the recreation area without the

22 consent of the owner thereof unless the Secretary has

23 determined that such lands will be put to a use dif24 ferent from their use as of the date of enactment of

25 this Act and that such new use would be incompatible
13

•HR 38 RS

1 with the protection of the natural and cultural re2 sources of the recreation area.

3 SEC. 5. SEC. 6. AUTHORIZATION OF APPROPRIA4 TIONS.

5 There is authorized to be appropriated such sums as

6 may be necessary to carry out the purposes of this Act.

Passed the House of Representatives April 21, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.