```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                 H. R. 38

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Mr. Richardson introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
  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 
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 
of the Senate. Each such map and 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. Each 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.

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. The Secretary shall, no later than 5 
years after enactment of this Act, submit recommendations with respect 
to future boundaries for the recreation area.
    (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 and the National Historic Preservation Act.
    (d) Native Americans.--(1) In recognition of the past use of 
portions of the recreation area by Indian peoples for traditional 
cultural and religious purposes, the Secretary shall protect religious 
and cultural sites and provide access from time to time to those sites 
by Indian peoples for traditional cultural and religious purposes. 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''). 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 the 
privacy of religious activities and cultural uses in such portion by 
Indian peoples. Any such closure shall be made so as to affect the 
smallest practicable area for the minimum period necessary for such 
purposes.
    (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 United States 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. 
The Secretary may designate zones where, and establish periods when, 
such activities will not be permitted for reasons of public safety, 
administration, fish and wildlife management, or public use and 
enjoyment. Except in emergencies such designation by the Secretary 
under this subsection shall be put into effect only after consultation 
with the appropriate State agencies responsible for hunting and fishing 
activities.
    (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 existing 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 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 scenic beauty and the 
natural character 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 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.

SEC. 3. ACQUISITION OF LAND.

    (a) In General.--The Secretary is authorized to acquire lands and 
interests therein within the boundaries of the recreation area by 
donation, purchase with donated or appropriated funds, or exchange. No 
lands or interests therein may be acquired except with the consent of 
the owner thereof.
    (b) State Lands.--Lands or interests therein owned by the State of 
New Mexico or any political subdivision thereof may be acquired only by 
donation or exchange.
    (c) Offers to Sell.--The Secretary shall give prompt and careful 
consideration to any offer made by any person owning property within 
the boundaries of the recreation area to sell such property.
    (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. 4. MINERALS AND MINING.

    (a) Limitation on Patent Issuance.--(1) Notwithstanding any other 
provision of law, no patents shall be issued after the date of 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 are 
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. 5. ADJOINING LANDS.

    The Secretary may from time to time 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, known as the 
Baca Location Number 1.

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.

                                 <all>
```