IIA

103D CONGRESS

1ST SESSION H. R. 38

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

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 re9 ferred to as the ‘‘recreation area’’), to be administered by

10 the Secretary of Agriculture (hereinafter in this Act re11 ferred to as the ‘‘Secretary’’).
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1 (b) AREA INCLUDED.—The recreation area shall be

2 comprised of approximately 57,000 acres of lands and in3 terests in lands within the Santa Fe National Forest as

4 generally depicted on the map entitled ‘‘Jemez National

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

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

7 in the offices of the Chief of the Forest Service, Depart8 ment of Agriculture, Washington, District of Columbia.

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

10 local tribal leaders, make minor revisions in the boundary

11 of the recreation area to promote management effective12 ness and efficiency in furtherance of the purposes of this

13 Act.

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

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

16 and legal description of the recreation area with the Com17 mittee on Natural Resources of the House of Representa18 tives and with the Committee on Energy and Natural Re19 sources and the Select Committee on Indian Affairs of the

20 Senate. Such map and legal description shall have the

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

22 that correction of clerical and typographical errors in such

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

24 legal description shall be on file and available for public
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1 inspection in the Office of the Chief of the Forest Service,

2 Department of Agriculture.

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

4 therein outside of the boundaries of the recreation area

5 may be added to the recreation area without specific au6 thorization by Congress.

7 SEC. 2. ADMINISTRATION.

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

9 the recreation area in accordance with this Act and the

10 laws, rules, and regulations applicable to National Forest

11 System lands in a manner that will further the purposes

12 of the recreation area. Management of the natural re13 sources within the recreation area shall be permitted only

14 to the extent that such management is compatible with

15 and does not impair the purposes for which the recreation

16 area is established. Recreational activities within the

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

18 camping, hunting, fishing, skiing, backpacking, rock

19 climbing, and swimming.

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

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

22 a management plan for the recreation area, as an amend23 ment to the Santa Fe National Forest Land and Resource

24 Management Plan, to reflect the establishment of the

25 recreation area and to conform to the provisions of this
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1 Act. Nothing in this Act shall require the Secretary to re2 vise the Santa Fe Forest Land and Resource Management

3 Plan pursuant to section 6 of the Forest and Rangeland

4 Renewable Resources Planning Act of 1974. During devel5 opment of the management plan for the recreation area,

6 the Secretary shall study newly designated land within the

7 recreation area, and adjacent national forest land.

8 (c) CULTURAL RESOURCES.—In administering the

9 recreation area, the Secretary shall give particular empha10 sis to the preservation, stabilization, and protection of cul11 tural resources located within the recreation area in fur12 therance of the Archaeological Resources Protection Act

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

14 Act of August 11, 1978 (42 U.S.C. 1991) (commonly re15 ferred to as the ‘‘American Indian Religious Freedom

16 Act’’).

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

18 historic use of portions of the recreation area by Indian

19 peoples for traditional cultural and religious purposes, the

20 Secretary shall, in consultation with local tribal leaders,

21 ensure the protection of religious and cultural sites and

22 provide access from time to time to those sites by Indian

23 peoples for traditional cultural and religious purposes.

24 Such access shall be consistent with the purpose and in25 tent of the Act of August 11, 1978 (42 U.S.C. 1991)
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1 (commonly referred to as the ‘‘American Indian Religious

2 Freedom Act’’). The Secretary, in accordance with such

3 Act, upon request of an Indian tribe or pueblo, may from

4 time to time temporarily close to general public use one

5 or more specific portions of the recreational area in order

6 to protect the privacy of religious activities and cultural

7 uses in such portion by Indian peoples. Any such closure

8 shall be made so as to affect the smallest practicable area

9 for the minimum period necessary for such purposes.

10 (2) In preparing and implementing management

11 plans for the recreation area, the Secretary shall request

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

13 executive officers of other appropriate Indian tribes and

14 pueblos make recommendations on methods of—

15 (A) assuring access to religious and cultural

16 sites;

17 (B) enhancing the privacy and continuity of

18 traditional cultural and religious activities in the

19 recreation area; and

20 (C) protecting traditional cultural and religious

21 sites in the recreation area.

22 (e) WILDLIFE RESOURCES.—In administering the

23 recreation area, the Secretary shall give particular empha24 sis to the conservation and protection of wildlife resources,

25 including species listed as sensitive by the Forest Service,
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1 within the recreation area and shall comply with applicable

2 Federal and State laws relating to wildlife, including the

3 Endangered Species Act of 1973.

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

5 and fishing on lands and waters under the jurisdiction of

6 the Secretary within the recreation area in accordance

7 with applicable Federal and State law. The Secretary may

8 designate zones where, and establish periods when, such

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

10 administration, fish and wildlife management, or public

11 use and enjoyment. Except in emergencies such designa12 tion by the Secretary under this subsection shall be put

13 into effect only after consultation with the appropriate

14 State agencies responsible for hunting and fishing activi15 ties.

16 (g) TIMBER HARVESTING.—The Secretary may per17 mit timber harvesting in the recreation area for commer18 cial purposes, including (but not limited to) vigas, latillas,

19 the gathering of fuelwood, and for purposes of public safe20 ty, recreation, wildlife, and administration, insofar as the

21 harvesting is compatible with the purposes of the recre22 ation area. Trees damaged or downed due to fire, disease,

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

24 from the recreation area as authorized by the Secretary

25 in furtherance of the purposes of this Act. Nothing in this
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1 Act shall be construed to affect the timber sales under

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

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

4 timber sale in the Los Griegos Diversity Unit number

5 0322 as shown on the West Half Diversity Unit map of

6 the Santa Fe National Forest dated November 1991; ex7 cept that the Secretary shall manage such sale using un8 even aged management including the individual tree selec9 tion method.

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

11 within the recreation area in accordance with regulations

12 prescribed by the Secretary. Riparian areas shall be man13 aged in such a manner as to protect their important re14 source values.

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

16 the date of enactment of this Act, the Secretary shall pre17 pare a transportation plan that provides for the most effi18 cient use of roads and trails to accomplish the purposes

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

20 trails system that provides for dispersed recreation while

21 minimizing impact on significant archaeological and reli22 gious sites.

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

24 roads within the recreation area after consultation with

25 local tribal leaders and only in accordance with such plan.
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1 (j) RECREATIONAL FACILITIES.—The Secretary shall

2 provide for recreational facilities within the recreation

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

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

5 the archaeological and religious sites of the recreation

6 area.

7 (k) VISITOR FACILITIES.—The Secretary shall estab8 lish a visitor center and interpretive facilities in or near

9 the recreation area for the purpose of providing for edu10 cation relating to the interpretation of cultural and natu11 ral resources of the recreation area.

12 (l) POWER TRANSMISSION LINES.—In accordance

13 with Federal and State laws and regulations, the Sec14 retary may permit a utility corridor for high power electric

15 transmission lines within the recreation area only when

16 the Secretary determines that—

17 (1) there is not a feasible alternative for the lo18 cation of such corridor;

19 (2) damage to the recreational and scenic qual20 ity and to the archaeological and religious sites of

21 the recreation area will not be significant;

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

23 be located in the recreation area; and

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

25 the recreation area has been developed.
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1 (m) SCIENTIFIC INVESTIGATIONS.—The Secretary

2 may permit scientific investigations within the recreation

3 area upon the Secretary’s determination that such inves4 tigations are in the public interest and are compatible with

5 the purposes of this Act.

6 SEC. 3. MINERALS AND MINING.

7 (a) LIMITATION ON PATENT ISSUANCE.—(1) Not8 withstanding any other provision of law, no patents shall

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

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

11 United States.

12 (2) Notwithstanding any statute of limitations or

13 similar restriction otherwise applicable, any party claiming

14 to have been deprived of any property right by enactment

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

16 Court a claim against the United States within 1 year

17 after the date of enactment of this Act seeking compensa18 tion for such property right. The United States Claims

19 Court shall have jurisdiction to render judgment upon any

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

21 United States Code.

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

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

24 recreation area withdrawn from location under the general
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1 mining laws and from the operation of the mineral leasing,

2 geothermal leasing, and mineral material disposal laws.

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

4 surface disturbance of lands or waters within such area,

5 including disturbance through subsidence, shall be per6 mitted except in accordance with requirements imposed by

7 the Secretary, including requirements for reasonable rec8 lamation of disturbed lands to a visual and hydrological

9 condition as close as practical to their premining condi10 tion.

11 (d) MINING CLAIM VALIDITY REVIEW.—The Sec12 retary of Agriculture shall undertake and complete within

13 3 years after the date of enactment of this Act an expe14 dited program to examine all unpatented mining claims,

15 including those for which a patent application has been

16 filed, within the recreation area. Upon determination by

17 the Secretary of Agriculture that the elements of a contest

18 are present, the Secretary of the Interior shall imme19 diately determine the validity of such claims. If a claim

20 is determined to be invalid, the Secretary shall promptly

21 declare the claim to be null and void.

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

23 mineral materials from within the recreation area for pub24 lic purposes such as maintenance and construction of
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1 roads, trails, and facilities as long as such use is compat2 ible with the purposes of the recreation area.

3 SEC. 4. ADJOINING LANDS.

4 The Secretary may evaluate lands adjoining the

5 recreation area for possible inclusion in the recreation area

6 and make recommendations to Congress, including (but

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

8 5 of Public Law 101–556 (104 Stat. 2764), known as the

9 Baca Location Number 1. The Secretary, in consultation

10 with local tribal leaders and the National Park Service,

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

12 submit recommendations with respect to future bound13 aries for the recreation area.

14 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated such sums as

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

Passed the House of Representatives April 21, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.