`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Enrolled Bill (ENR)]

        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 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 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 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.

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.`