H. R. 38

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

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

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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 customary uses, the Secretary 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 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’’). 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

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the recreation area in accordance with applicable Federal and State

law.

(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 Sec18:21 Sep 30, 1993 VerDate 01-JUL-93 Jkt 059200 PO 00000 Frm 00003 Fmt 6655 Sfmt 6501 E:\BILLS\H38.ENR bend06
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retary’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 restric- tion 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 Agri- culture 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

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H. R. 38—5

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.

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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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