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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Reported in Senate (RS)]

                                                       Calendar No. 196

103d CONGRESS

  1st Session

                                H. R. 38

                          [Report No. 103-139]

_______________________________________________________________________

                                 AN ACT

  To establish the Jemez National Recreation Area in the State of New 
                    Mexico, and for other purposes.

_______________________________________________________________________

           September 14 (legislative day, September 7), 1993

                        Reported with amendments

                                                       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.

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

SECTION 1. ESTABLISHMENT.

    (a) Purpose and Establishment.--In order to conserve, protect, and 
restore the recreational, ecological, cultural, religious, and wildlife 
resource values of the Jemez Mountains, there is hereby established the 
Jemez National Recreational Area (hereinafter in this Act referred to 
as the ``recreation area''), to be administered by the Secretary of 
Agriculture (hereinafter in this Act referred to as the ``Secretary'').
    (b) Area Included.--The recreation area shall be comprised of 
approximately 57,000 acres of lands and interests in lands within the 
Santa Fe National Forest as generally depicted on the map entitled 
``Jemez National Recreation Area--Proposed'' and dated September 1992. 
The map shall be on file and available for public inspection in the 
offices of the Chief of the Forest Service, Department of Agriculture, 
Washington, District of Columbia. The Secretary may from time to time, 
in consultation with local tribal leaders, make minor revisions in the 
boundary of the recreation area to promote management effectiveness and 
efficiency in furtherance of the purposes of this Act.
    (c) Map and Description.--As soon as practicable after enactment of 
this Act, the Secretary shall file a map and legal description of the 
recreation area with the Committee on Natural Resources of the House of 
Representatives and with the Committee on Energy and Natural Resources 
and the Select Committee on Indian Affairs of the Senate. Such map and 
legal description shall have the same force and effect as if included 
in this Act, except that correction of clerical and typographical 
errors in such legal description and map may be made. Such map and 
legal description shall be on file and available for public inspection 
in the Office of the Chief of the Forest Service, Department of 
Agriculture.
    (d) No Additional Lands.--No lands or interests therein outside of 
the boundaries of the recreation area may be added to the recreation 
area without specific authorization by Congress.

SEC. 2. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the recreation area 
in accordance with this Act and the laws, rules, and regulations 
applicable to National Forest System lands in a manner that will 
further the purposes of the recreation area. Management of the natural 
resources within the recreation area shall be permitted only to the 
extent that such management is compatible with and does not impair the 
purposes for which the recreation area is established. Recreational 
activities within the recreation area shall include (but not be limited 
to) hiking, camping, hunting, fishing, skiing, backpacking, rock 
climbing, and swimming.
    (b) Management Plan.--The Secretary shall, no later than 5 years 
after the enactment of this Act, develop a management plan for the 
recreation area, as an amendment to the Santa Fe National Forest Land 
and Resource Management Plan, to reflect the establishment of the 
recreation area and to conform to the provisions of this Act. Nothing 
in this Act shall require the Secretary to revise the Santa Fe Forest 
Land and Resource Management Plan pursuant to section 6 of the Forest 
and Rangeland Renewable Resources Planning Act of 1974. During 
development of the management plan for the recreation area, the 
Secretary shall study newly designated land within the recreation area, 
and adjacent national forest land.
    (c) Cultural Resources.--In administering the recreation area, the 
Secretary shall give particular emphasis to the preservation, 
stabilization, and protection of cultural resources located within the 
recreation area in furtherance of the Archaeological Resources 
Protection Act of 1979, the National Historic Preservation Act, and the 
Act of August 11, 1978 (42 U.S.C. 1991) (commonly referred to as the 
``American Indian Religious Freedom Act'').
    (d) Native Americans.--(1) In recognition of the historic use of 
portions of the recreation area by Indian peoples for traditional 
cultural and -r-e-l-i-g-i-o-u-s -p-u-r-p-o-s-e-s customary uses, the 
Secretary -s-h-a-l-l-, shall, subject to the provisions of section 2(n) 
in consultation with local tribal leaders, ensure the protection of 
religious and cultural sites and provide access from time to time to 
those sites by Indian peoples for traditional cultural and 
-r-e-l-i-g-i-o-u-s -p-u-r-p-o-s-e-s customary uses. Such access shall 
be consistent with the purpose and intent of the Act of August 11, 1978 
(42 U.S.C. 1991) (commonly referred to as the ``American Indian 
Religious Freedom Act''). -T-h-e -S-e-c-r-e-t-a-r-y-, -i-n 
-a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-c-h -A-c-t-, -u-p-o-n -r-e-q-u-e-s-t 
-o-f -a-n -I-n-d-i-a-n -t-r-i-b-e -o-r -p-u-e-b-l-o-, -m-a-y -f-r-o-m 
-t-i-m-e -t-o -t-i-m-e -t-e-m-p-o-r-a-r-i-l-y -c-l-o-s-e -t-o 
-g-e-n-e-r-a-l -p-u-b-l-i-c -u-s-e -o-n-e -o-r -m-o-r-e 
-s-p-e-c-i-f-i-c -p-o-r-t-i-o-n-s -o-f -t-h-e -r-e-c-r-e-a-t-i-o-n-a-l 
-a-r-e-a -i-n -o-r-d-e-r -t-o -p-r-o-t-e-c-t -t-h-e -p-r-i-v-a-c-y -o-f 
-r-e-l-i-g-i-o-u-s -a-c-t-i-v-i-t-i-e-s -a-n-d -c-u-l-t-u-r-a-l 
-u-s-e-s -i-n -s-u-c-h -p-o-r-t-i-o-n -b-y -I-n-d-i-a-n 
-p-e-o-p-l-e-s-. -A-n-y -s-u-c-h -c-l-o-s-u-r-e -s-h-a-l-l -b-e 
-m-a-d-e -s-o -a-s -t-o -a-f-f-e-c-t -t-h-e -s-m-a-l-l-e-s-t 
-p-r-a-c-t-i-c-a-b-l-e -a-r-e-a -f-o-r -t-h-e -m-i-n-i-m-u-m 
-p-e-r-i-o-d -n-e-c-e-s-s-a-r-y -f-o-r -s-u-c-h -p-u-r-p-o-s-e-s-. The 
Secretary, in accordance with such Act, upon request of an Indian tribe 
or pueblo, may from time to time temporarily close to general public 
use one or more specific portions of the recreational area in order to 
protect traditional and customary uses in such portions by Indian 
peoples.
    (2) In preparing and implementing management plans for the 
recreation area, the Secretary shall request that the Governor of the 
Pueblo of Jemez and the chief executive officers of other appropriate 
Indian tribes and pueblos make recommendations on methods of--
            (A) assuring access to religious and cultural sites;
            (B) enhancing the privacy and continuity of traditional 
        cultural and religious activities in the recreation area; and
            (C) protecting traditional cultural and religious sites in 
        the recreation area.
    (e) Wildlife Resources.--In administering the recreation area, the 
Secretary shall give particular emphasis to the conservation and 
protection of wildlife resources, including species listed as sensitive 
by the Forest Service, within the recreation area and shall comply with 
applicable Federal and State laws relating to wildlife, including the 
Endangered Species Act of 1973.
    (f) Hunting.--The Secretary shall permit hunting and fishing on 
lands and waters under the jurisdiction of the Secretary within the 
recreation area in accordance with applicable Federal and State law. 
-T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -d-e-s-i-g-n-a-t-e -z-o-n-e-s 
-w-h-e-r-e-, -a-n-d -e-s-t-a-b-l-i-s-h -p-e-r-i-o-d-s -w-h-e-n-, 
-s-u-c-h -a-c-t-i-v-i-t-i-e-s -w-i-l-l -n-o-t -b-e -p-e-r-m-i-t-t-e-d 
-f-o-r -r-e-a-s-o-n-s -o-f -p-u-b-l-i-c -s-a-f-e-t-y-, 
-a-d-m-i-n-i-s-t-r-a-t-i-o-n-, -f-i-s-h -a-n-d -w-i-l-d-l-i-f-e 
-m-a-n-a-g-e-m-e-n-t-, -o-r -p-u-b-l-i-c -u-s-e -a-n-d 
-e-n-j-o-y-m-e-n-t-. -E-x-c-e-p-t -i-n -e-m-e-r-g-e-n-c-i-e-s -s-u-c-h 
-d-e-s-i-g-n-a-t-i-o-n -b-y -t-h-e -S-e-c-r-e-t-a-r-y -u-n-d-e-r 
-t-h-i-s -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -b-e -p-u-t -i-n-t-o 
-e-f-f-e-c-t -o-n-l-y -a-f-t-e-r -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h 
-t-h-e -a-p-p-r-o-p-r-i-a-t-e -S-t-a-t-e -a-g-e-n-c-i-e-s 
-r-e-s-p-o-n-s-i-b-l-e -f-o-r -h-u-n-t-i-n-g -a-n-d -f-i-s-h-i-n-g 
-a-c-t-i-v-i-t-i-e-s-.
    (g) Timber Harvesting.--The Secretary may permit timber harvesting 
in the recreation area for commercial purposes, including (but not 
limited to) vigas, latillas, the gathering of fuelwood, and for 
purposes of public safety, recreation, wildlife, and administration, 
insofar as the harvesting is compatible with the purposes of the 
recreation area. Trees damaged or downed due to fire, disease, or 
insect infestation may be utilized, salvaged, or removed from the 
recreation area as authorized by the Secretary in furtherance of the 
purposes of this Act. Nothing in this Act shall be construed to affect 
the timber sales under contract on the date of enactment of this Act. 
Nothing in this Act shall be construed to effect the Los Griegos timber 
sale in the Los Griegos Diversity Unit number 0322 as shown on the West 
Half Diversity Unit map of the Santa Fe National Forest dated November 
1991; except that the Secretary shall manage such sale using uneven 
aged management including the individual tree selection method.
    (h) Grazing.--The Secretary may permit grazing within the 
recreation area in accordance with regulations prescribed by the 
Secretary. Riparian areas shall be managed in such a manner as to 
protect their important resource values.
    (i) Transportation Plan.--(1) Within 1 year after the date of 
enactment of this Act, the Secretary shall prepare a transportation 
plan that provides for the most efficient use of roads and trails to 
accomplish the purposes of this Act. The plan shall provide for a 
comprehensive trails system that provides for dispersed recreation 
while minimizing impact on significant archaeological and religious 
sites.
    (2) The Secretary shall construct, maintain, and close roads within 
the recreation area after consultation with local tribal leaders and 
only in accordance with such plan.
    (j) Recreational Facilities.--The Secretary shall provide for 
recreational facilities within the recreation area. Such facilities 
shall be constructed so as to minimize impacts on the scenic beauty, 
the natural character, and the archaeological and religious sites of 
the recreation area.
    (k) Visitor Facilities.--The Secretary shall establish a visitor 
center and interpretive facilities in or near the recreation area for 
the purpose of providing for education relating to the interpretation 
of cultural and natural resources of the recreation area.
    (l) Power Transmission Lines.--In accordance with Federal and State 
laws and regulations, the Secretary may permit a utility corridor for 
high power electric transmission lines within the recreation area only 
when the Secretary determines that--
            (1) there is not a feasible alternative for the location of 
        such corridor;
            (2) damage to the recreational and scenic quality and to 
        the archaeological and religious sites of the recreation area 
        will not be significant;
            (3) it is in the public interest that such corridor be 
        located in the recreation area; and
            (4) a plan to minimize harm to the resources of the 
        recreation area has been developed.
    (m) Scientific Investigations.--The Secretary may permit scientific 
investigations within the recreation area upon the Secretary's 
determination that such investigations are in the public interest and 
are compatible with the purposes of this Act.
    (n) Resource Protection.--The Secretary may designate zones where, 
and establish periods when, any activity otherwise permitted in the 
recreation area will not be permitted for reasons of public safety, 
administration, fish and wildlife management, protection of 
archaeological or cultural resources, or public use and enjoyment. 
Except in emergencies such designations by the Secretary shall be put 
into effect only after consultation with the appropriate State 
agencies, appropriate tribal leaders, and other affected parties.

SEC. 3. MINERALS AND MINING.

    (a) Limitation on Patent Issuance.--(1) Notwithstanding any other 
provision of law, no patents shall be issued after May 30, 1991, for 
any location or claim made in the recreation area under the mining laws 
of the United States.
    (2) Notwithstanding any statute of limitations or similar 
restriction otherwise applicable, any party claiming to have been 
deprived of any property right by enactment of paragraph (1) may file 
in the United States Claims Court a claim against the United States 
within 1 year after the date of enactment of this Act seeking 
compensation for such property right. The United States Claims Court 
shall have jurisdiction to render judgment upon any such claim in 
accordance with section 1491 of title 28, United States Code.
    (b) Withdrawal.--Subject to valid existing rights, after the date 
of enactment of this Act, lands within the recreation area withdrawn 
from location under the general mining laws and from the operation of 
the mineral leasing, geothermal leasing, and mineral material disposal 
laws.
    (c) Reclamation.--No mining activity involving any surface 
disturbance of lands or waters within such area, including disturbance 
through subsidence, shall be permitted except in accordance with 
requirements imposed by the Secretary, including requirements for 
reasonable reclamation of disturbed lands to a visual and hydrological 
condition as close as practical to their premining condition.
    (d) Mining Claim Validity Review.--The Secretary of Agriculture 
shall undertake and complete within 3 years after the date of enactment 
of this Act an expedited program to examine all unpatented mining 
claims, including those for which a patent application has been filed, 
within the recreation area. Upon determination by the Secretary of 
Agriculture that the elements of a contest are present, the Secretary 
of the Interior shall immediately determine the validity of such 
claims. If a claim is determined to be invalid, the Secretary shall 
promptly declare the claim to be null and void.
    (e) Public Purposes.--The Secretary may utilize mineral materials 
from within the recreation area for public purposes such as maintenance 
and construction of roads, trails, and facilities as long as such use 
is compatible with the purposes of the recreation area.

SEC. 4. ADJOINING LANDS.

    The Secretary may evaluate lands adjoining the recreation area for 
possible inclusion in the recreation area and make recommendations to 
Congress, including (but not limited to) that area authorized for study 
by section 5 of Public Law 101-556 (104 Stat. 2764), known as the Baca 
Location Number 1. The Secretary, in consultation with local tribal 
leaders and the National Park Service, shall, no later than 2 years 
after enactment of this Act, submit recommendations with respect to 
future boundaries for the recreation area.

SEC. 5. ACQUISITION OF LAND.

    (a) State Land.--Land and interests in land within the boundaries 
of the recreation area that are owned by the State of New Mexico, or a 
political subdivision of New Mexico, may be acquired only by donation 
or exchange.
    (b) Offers to Sell.--
            (1) In general.--Subject to paragraph (2), the Secretary 
        may acquire land and interests in land within the boundaries of 
        the recreation area by donation, purchase with donated or 
        appropriated funds, or exchange.
            (2) Limitation.--The Secretary may not acquire lands within 
        the recreation area without the consent of the owner thereof 
        unless the Secretary has determined that such lands will be put 
        to a use different from their use as of the date of enactment 
        of this Act and that such new use would be incompatible with 
        the protection of the natural and cultural resources of the 
        recreation area.
-s-e-c-. -5-. sec. 6. authorization of appropriations.
    There is authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this Act.

            Passed the House of Representatives April 21, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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