Union Calendar No. 27

103D CONGRESS

1ST SESSION H. R. 38

[Report No. 103–58]

A BILL

To establish the Jemez National Recreation Area in

the State of New Mexico, and for other purposes.

APRIL 20, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union and
IB

Union Calendar No. 27

103D CONGRESS

1ST SESSION H. R. 38

[Report No. 103–58]

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

APRIL 20, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]

A BILL

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 con5 serve, protect, and restore the recreational, ecological, cul-
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1 tural, religious, and wildlife resource values of the Jemez

2 Mountains, there is hereby established the Jemez National

3 Recreational Area (hereinafter in this Act referred to as the

4 ‘‘recreation area’’), to be administered by the Secretary of

5 Agriculture (hereinafter in this Act referred to as the ‘‘Sec6 retary’’).

7 (b) AREA INCLUDED.—The recreation area shall be

8 comprised of approximately 57,000 acres of lands and in9 terests in lands within the Santa Fe National Forest as

10 generally depicted on the map entitled ‘‘Jemez National

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

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

13 in the offices of the Chief of the Forest Service, Department

14 of Agriculture, Washington, District of Columbia. The Sec15 retary may from time to time, in consultation with local

16 tribal leaders, make minor revisions in the boundary of the

17 recreation area to promote management effectiveness and

18 efficiency in furtherance of the purposes of this Act.

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

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

21 and legal description of the recreation area with the Com22 mittee on Natural Resources of the House of Representatives

23 and with the Committee on Energy and Natural Resources

24 and the Select Committee on Indian Affairs of the Senate.

25 Such map and legal description shall have the same force
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1 and effect as if included in this Act, except that correction

2 of clerical and typographical errors in such legal descrip3 tion and map may be made. Such map and legal descrip4 tion shall be on file and available for public inspection in

5 the Office of the Chief of the Forest Service, Department

6 of Agriculture.

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

8 therein outside of the boundaries of the recreation area may

9 be added to the recreation area without specific authoriza10 tion by Congress.

11 SEC. 2. ADMINISTRATION.

12 (a) IN GENERAL.—The Secretary shall administer the

13 recreation area in accordance with this Act and the laws,

14 rules, and regulations applicable to National Forest System

15 lands in a manner that will further the purposes of the

16 recreation area. Management of the natural resources with17 in the recreation area shall be permitted only to the extent

18 that such management is compatible with and does not im19 pair the purposes for which the recreation area is estab20 lished. Recreational activities within the recreation area

21 shall include (but not be limited to) hiking, camping, hunt22 ing, fishing, skiing, backpacking, rock climbing, and swim23 ming.

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

25 than 5 years after the enactment of this Act, develop a man-
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1 agement plan for the recreation area, as an amendment to

2 the Santa Fe National Forest Land and Resource Manage3 ment Plan, to reflect the establishment of the recreation area

4 and to conform to the provisions of this Act. Nothing in

5 this Act shall require the Secretary to revise the Santa Fe

6 Forest Land and Resource Management Plan pursuant to

7 section 6 of the Forest and Rangeland Renewable Resources

8 Planning Act of 1974. During development of the manage9 ment plan for the recreation area, the Secretary shall study

10 newly designated land within the recreation area, and adja11 cent national forest land.

12 (c) CULTURAL RESOURCES.—In administering the

13 recreation area, the Secretary shall give particular empha14 sis to the preservation, stabilization, and protection of cul15 tural resources located within the recreation area in fur16 therance of the Archaeological Resources Protection Act of

17 1979, the National Historic Preservation Act, and the Act

18 of August 11, 1978 (42 U.S.C. 1991) (commonly referred

19 to as the ‘‘American Indian Religious Freedom Act’’).

20 (d) NATIVE AMERICANS.—(1) In recognition of the his21 toric use of portions of the recreation area by Indian peo22 ples for traditional cultural and religious purposes, the Sec23 retary shall, in consultation with local tribal leaders, ensure

24 the protection of religious and cultural sites and provide

25 access from time to time to those sites by Indian peoples
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1 for traditional cultural and religious purposes. Such access

2 shall be consistent with the purpose and intent of the Act

3 of August 11, 1978 (42 U.S.C. 1991) (commonly referred

4 to as the ‘‘American Indian Religious Freedom Act’’). The

5 Secretary, in accordance with such Act, upon request of an

6 Indian tribe or pueblo, may from time to time temporarily

7 close to general public use one or more specific portions of

8 the recreational area in order to protect the privacy of reli9 gious activities and cultural uses in such portion by Indian

10 peoples. Any such closure shall be made so as to affect the

11 smallest practicable area for the minimum period necessary

12 for such purposes.

13 (2) In preparing and implementing management

14 plans for the recreation area, the Secretary shall request

15 that the Governor of the Pueblo of Jemez and the chief exec16 utive officers of other appropriate Indian tribes and pueblos

17 make recommendations on methods of—

18 (A) assuring access to religious and cultural

19 sites;

20 (B) enhancing the privacy and continuity of tra21 ditional cultural and religious activities in the recre22 ation area; and

23 (C) protecting traditional cultural and religious

24 sites in the recreation area.
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1 (e) WILDLIFE RESOURCES.—In administering the

2 recreation area, the Secretary shall give particular empha3 sis to the conservation and protection of wildlife resources,

4 including species listed as sensitive by the Forest Service,

5 within the recreation area and shall comply with applicable

6 Federal and State laws relating to wildlife, including the

7 Endangered Species Act of 1973.

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

9 and fishing on lands and waters under the jurisdiction of

10 the Secretary within the recreation area in accordance with

11 applicable Federal and State law. The Secretary may des12 ignate zones where, and establish periods when, such activi13 ties will not be permitted for reasons of public safety, ad14 ministration, fish and wildlife management, or public use

15 and enjoyment. Except in emergencies such designation by

16 the Secretary under this subsection shall be put into effect

17 only after consultation with the appropriate State agencies

18 responsible for hunting and fishing activities.

19 (g) TIMBER HARVESTING.—The Secretary may permit

20 timber harvesting in the recreation area for commercial

21 purposes, including (but not limited to) vigas, latillas, the

22 gathering of fuelwood, and for purposes of public safety,

23 recreation, wildlife, and administration, insofar as the har24 vesting is compatible with the purposes of the recreation

25 area. Trees damaged or downed due to fire, disease, or in-
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1 sect infestation may be utilized, salvaged, or removed from

2 the recreation area as authorized by the Secretary in fur3 therance of the purposes of this Act. Nothing in this Act

4 shall be construed to affect the timber sales under contract

5 on the date of enactment of this Act. Nothing in this Act

6 shall be construed to effect the Los Griegos timber sale in

7 the Los Griegos Diversity Unit number 0322 as shown on

8 the West Half Diversity Unit map of the Santa Fe National

9 Forest dated November 1991; except that the Secretary shall

10 manage such sale using uneven aged management including

11 the individual tree selection method.

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

13 within the recreation area in accordance with regulations

14 prescribed by the Secretary. Riparian areas shall be man15 aged in such a manner as to protect their important re16 source values.

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

18 the date of enactment of this Act, the Secretary shall pre19 pare a transportation plan that provides for the most effi20 cient use of roads and trails to accomplish the purposes of

21 this Act. The plan shall provide for a comprehensive trails

22 system that provides for dispersed recreation while mini23 mizing impact on significant archaeological and religious

24 sites.
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1 (2) The Secretary shall construct, maintain, and close

2 roads within the recreation area after consultation with

3 local tribal leaders and only in accordance with such plan.

4 (j) RECREATIONAL FACILITIES.—The Secretary shall

5 provide for recreational facilities within the recreation

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

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

8 the archaeological and religious sites of the recreation area.

9 (k) VISITOR FACILITIES.—The Secretary shall estab10 lish a visitor center and interpretive facilities in or near

11 the recreation area for the purpose of providing for edu12 cation relating to the interpretation of cultural and natural

13 resources of the recreation area.

14 (l) POWER TRANSMISSION LINES.—In accordance with

15 Federal and State laws and regulations, the Secretary may

16 permit a utility corridor for high power electric trans17 mission lines within the recreation area only when the Sec18 retary determines that—

19 (1) there is not a feasible alternative for the loca20 tion of such corridor;

21 (2) damage to the recreational and scenic quality

22 and to the archaeological and religious sites of the

23 recreation area will not be significant;

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

25 be located in the recreation area; and
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1 (4) a plan to minimize harm to the resources of

2 the recreation area has been developed.

3 (m) SCIENTIFIC INVESTIGATIONS.—The Secretary

4 may permit scientific investigations within the recreation

5 area upon the Secretary’s determination that such inves6 tigations are in the public interest and are compatible with

7 the purposes of this Act.

8 SEC. 3. MINERALS AND MINING.

9 (a) LIMITATION ON PATENT ISSUANCE.—(1) Notwith10 standing any other provision of law, no patents shall be

11 issued after May 30, 1991, for any location or claim made

12 in the recreation area under the mining laws of the United

13 States.

14 (2) Notwithstanding any statute of limitations or

15 similar restriction otherwise applicable, any party claim16 ing to have been deprived of any property right by enact17 ment of paragraph (1) may file in the United States Claims

18 Court a claim against the United States within 1 year after

19 the date of enactment of this Act seeking compensation for

20 such property right. The United States Claims Court shall

21 have jurisdiction to render judgment upon any such claim

22 in accordance with section 1491 of title 28, United States

23 Code.

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

25 after the date of enactment of this Act, lands within the
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1 recreation area withdrawn from location under the general

2 mining laws and from the operation of the mineral leasing,

3 geothermal leasing, and mineral material disposal laws.

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

5 surface disturbance of lands or waters within such area,

6 including disturbance through subsidence, shall be per7 mitted except in accordance with requirements imposed by

8 the Secretary, including requirements for reasonable rec9 lamation of disturbed lands to a visual and hydrological

10 condition as close as practical to their premining condition.

11 (d) MINING CLAIM VALIDITY REVIEW.—The Secretary

12 of Agriculture shall undertake and complete within 3 years

13 after the date of enactment of this Act an expedited program

14 to examine all unpatented mining claims, including those

15 for which a patent application has been filed, within the

16 recreation area. Upon determination by the Secretary of

17 Agriculture that the elements of a contest are present, the

18 Secretary of the Interior shall immediately determine the

19 validity of such claims. If a claim is determined to be in20 valid, the Secretary shall promptly declare the claim to be

21 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 roads,
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1 trails, and facilities as long as such use is compatible with

2 the purposes of the recreation area.

3 SEC. 4. ADJOINING LANDS.

4 The Secretary may evaluate lands adjoining the recre5 ation area for possible inclusion in the recreation area and

6 make recommendations to Congress, including (but not lim7 ited to) that area authorized for study by section 5 of Public

8 Law 101–556 (104 Stat. 2764), known as the Baca Loca9 tion Number 1. The Secretary, in consultation with local

10 tribal leaders and the National Park Service, shall, no later

11 than 2 years after enactment of this Act, submit rec12 ommendations with respect to future boundaries for the

13 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.