II 

111TH CONGRESS 

1ST SESSION S. 1689 

To designate certain land as components of the National Wilderness Preservation System and the National Landscape Conservation System in the 

State of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2009 

Mr. BINGAMAN (for himself and Mr. UDALL of New Mexico) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate certain land as components of the National 

Wilderness Preservation System and the National Landscape Conservation System 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Organ Mountains5 Desert Peaks Wilderness Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) CONSERVATION AREA.—The term ‘‘Con2 servation Area’’ means each of the Organ Mountains 

3 National Conservation Area and the Desert Peaks 

4 National Conservation Area established by section 

5 4(a). 

6 (2) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the management plan for the 

8 Conservation Areas developed under section 4(d). 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (4) STATE.—The term ‘‘State’’ means the State 

12 of New Mexico. 

13 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

14 (a) IN GENERAL.—In accordance with the Wilderness 

15 Act (16 U.S.C. 1131 et seq.), the following areas in the 

16 State are designated as wilderness and as components of 

17 the National Wilderness Preservation System: 

18 (1) ADEN LAVA FLOW WILDERNESS.—Certain 

19 land administered by the Bureau of Land Manage20 ment in Don ̃a Ana County comprising approximately 

21 27,650 acres as generally depicted on the map enti22 tled ‘‘Potrillo Mountains Complex’’ and dated Sep23 tember 16, 2009, which shall be known as the 

24 ‘‘Aden Lava Flow Wilderness’’. 


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1 (2) BROAD CANYON WILDERNESS.—Certain 

2 land administered by the Bureau of Land Manage3 ment in Don ̃a Ana County comprising approximately 

4 13,900 acres as generally depicted on the map enti5 tled ‘‘Desert Peaks National Conservation Area’’ 

6 and dated September 16, 2009, which shall be 

7 known as the ‘‘Broad Canyon Wilderness’’. 

8 (3) CINDER CONE WILDERNESS.—Certain land 

9 administered by the Bureau of Land Management in 

10 Don ̃a Ana County comprising approximately 16,950 

11 acres as generally depicted on the map entitled 

12 ‘‘Potrillo Mountains Complex’’ and dated September 

13 16, 2009, which shall be known as the ‘‘Cinder Cone 

14 Wilderness’’. 

15 (4) ORGAN MOUNTAINS WILDERNESS.—Certain 

16 land administered by the Bureau of Land Manage17 ment in Don ̃a Ana County comprising approximately 

18 19,400 acres as generally depicted on the map enti19 tled ‘‘Organ Mountains National Conservation Area’’ 

20 and dated September 16, 2009, which shall be 

21 known as the ‘‘Organ Mountains Wilderness’’. 

22 (5) POTRILLO MOUNTAINS WILDERNESS.—Cer23 tain land administered by the Bureau of Land Man24 agement in Don ̃a Ana and Luna counties comprising 

25 approximately 143,450 acres as generally depicted 


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1 on the map entitled ‘‘Potrillo Mountains Complex’’ 

2 and dated September 16, 2009, which shall be 

3 known as the ‘‘Potrillo Mountains Wilderness’’. 

4 (6) ROBLEDO MOUNTAINS WILDERNESS.—Cer5 tain land administered by the Bureau of Land Man6 agement in Don ̃a Ana County comprising approxi7 mately 17,000 acres as generally depicted on the 

8 map entitled ‘‘Desert Peaks National Conservation 

9 Area’’ and dated September 16, 2009, which shall be 

10 known as the ‘‘Robledo Mountains Wilderness’’. 

11 (7) SIERRA DE LAS UVAS WILDERNESS.—Cer12 tain land administered by the Bureau of Land Man13 agement in Don ̃a Ana County comprising approxi14 mately 11,100 acres as generally depicted on the 

15 map entitled ‘‘Desert Peaks National Conservation 

16 Area’’ and dated September 16, 2009, which shall be 

17 known as the ‘‘Sierra de las Uvas Wilderness’’. 

18 (8) WHITETHORN WILDERNESS.—Certain land 

19 administered by the Bureau of Land Management in 

20 Don ̃a Ana and Luna counties comprising approxi21 mately 9,600 acres as generally depicted on the map 

22 entitled ‘‘Potrillo Mountains Complex’’ and dated 

23 September 16, 2009, which shall be known as the 

24 ‘‘Whitethorn Wilderness’’. 


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1 (b) MANAGEMENT.—Subject to valid existing rights, 

2 the wilderness areas designated by subsection (a) shall be 

3 administered by the Secretary in accordance with this Act 

4 and the Wilderness Act (16 U.S.C. 1131 et seq.), except 

5 that any reference in the Wilderness Act to the effective 

6 date of that Act shall be considered to be a reference to 

7 the date of enactment of this Act. 

8 (c) INCORPORATION OF ACQUIRED LAND AND INTER9 ESTS IN LAND.—Any land or interest in land that is with10 in the boundary of a wilderness area designated by sub11 section (a) that is acquired by the United States shall— 

12 (1) become part of the wilderness area within 

13 the boundaries of which the land is located; and 

14 (2) be managed in accordance with— 

15 (A) the Wilderness Act (16 U.S.C. 1131 et 

16 seq.); 

17 (B) this Act; and 

18 (C) any other applicable laws. 

19 (d) GRAZING.—Grazing of livestock in the wilderness 

20 areas designated by subsection (a), where established be21 fore the date of enactment of this Act, shall be adminis22 tered in accordance with— 

23 (1) section 4(d)(4) of the Wilderness Act (16 

24 U.S.C. 1133(d)(4)); and 


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1 (2) the guidelines set forth in appendix A of the 

2 Report of the Committee on Interior and Insular Af3 fairs to accompany H.R. 2570 of the 101st Congress 

4 (H. Rept. 101–405). 

5 (e) MILITARY OVERFLIGHTS.—Nothing in this sec6 tion restricts or precludes— 

7 (1) low-level overflights of military aircraft over 

8 the wilderness areas designated by subsection (a), 

9 including military overflights that can be seen or 

10 heard within the wilderness areas; 

11 (2) flight testing and evaluation; or 

12 (3) the designation or creation of new units of 

13 special use airspace, or the establishment of military 

14 flight training routes, over the wilderness areas. 

15 (f) BUFFER ZONES.— 

16 (1) IN GENERAL.—Nothing in this section cre17 ates a protective perimeter or buffer zone around 

18 any wilderness area designated by subsection (a). 

19 (2) ACTIVITIES OUTSIDE WILDERNESS

20 AREAS.—The fact that an activity or use on land 

21 outside any wilderness area designated by subsection 

22 (a) can be seen or heard within the wilderness area 

23 shall not preclude the activity or use outside the 

24 boundary of the wilderness area. 

25 (g) POTENTIAL WILDERNESS AREA.— 


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1 (1) ROBLEDO MOUNTAINS POTENTIAL WILDER2 NESS AREA.— 

3 (A) IN GENERAL.—Certain land adminis4 tered by the Bureau of Land Management, 

5 comprising approximately 100 acres as gen6 erally depicted as ‘‘Potential Wilderness’’ on the 

7 map entitled ‘‘Desert Peaks National Conserva8 tion Area’’ and dated September 16, 2009, is 

9 designated as a potential wilderness area. 

10 (B) DESIGNATION AS WILDERNESS.— 

11 (i) IN GENERAL.—On the date on 

12 which the Secretary publishes in the Fed13 eral Register the notice described in clause 

14 (ii), the potential wilderness area des15 ignated under subparagraph (A) shall be— 

16 (I) designated as wilderness and 

17 as a component of the National Wil18 derness Preservation System; and 

19 (II) incorporated into the 

20 Robledo Mountains Wilderness des21 ignated by subsection (a)(6). 

22 (ii) NOTICE.—The notice referred to 

23 in clause (i) is notice that— 

24 (I) the communications site with25 in the potential wilderness area desVerDate Nov 24 2008 23:13 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689

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1 ignated under subparagraph (A) is no 

2 longer used; 

3 (II) the associated right-of-way is 

4 relinquished or not renewed; and 

5 (III) the conditions in the poten6 tial wilderness area designated by sub7 paragraph (A) are compatible with the 

8 Wilderness Act (16 U.S.C. 1131 et 

9 seq.). 

10 (h) RELEASE OF WILDERNESS STUDY AREAS.—Con11 gress finds that, for purposes of section 603(c) of the Fed12 eral Land Policy and Management Act of 1976 (43 U.S.C. 

13 1782(c)), the public land in Don ̃a Ana County adminis14 tered by the Bureau of Land Management not designated 

15 as wilderness by subsection (a)— 

16 (1) has been adequately studied for wilderness 

17 designation; 

18 (2) is no longer subject to section 603(c) of the 

19 Federal Land Policy and Management Act of 1976 

20 (43 U.S.C. 1782(c)); and 

21 (3) shall be managed in accordance with— 

22 (A) the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

24 (B) this Act; and 

25 (C) any other applicable laws. 


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1 SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION 

2 AREAS. 

3 (a) ESTABLISHMENT.—The following areas in the 

4 State are established as National Conservation Areas: 

5 (1) ORGAN MOUNTAINS NATIONAL CONSERVA6 TION AREA.—Certain land administered by the Bu7 reau of Land Management in Don ̃a Ana County 

8 comprising approximately 86,650 acres as generally 

9 depicted on the map entitled ‘‘Organ Mountains Na10 tional Conservation Area’’ and dated September 16, 

11 2009, which shall be known as the ‘‘Organ Moun12 tains National Conservation Area’’. 

13 (2) DESERT PEAKS NATIONAL CONSERVATION

14 AREA.—Certain land administered by the Bureau of 

15 Land Management in Don ̃a Ana County comprising 

16 approximately 75,600 acres, as generally depicted on 

17 the map entitled ‘‘Desert Peaks National Conserva18 tion Area’’ and dated September 16, 2009, which 

19 shall be known as the ‘‘Desert Peaks National Con20 servation Area’’. 

21 (b) PURPOSES.—The purposes of the Conservation 

22 Areas are to conserve, protect, and enhance for the benefit 

23 and enjoyment of present and future generations the cul24 tural, archaeological, natural, geological, historical, eco25 logical, wildlife, educational, recreational, and scenic re26 sources of the Conservation Areas. 


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1 (c) MANAGEMENT.— 

2 (1) IN GENERAL.—The Secretary shall manage 

3 the Conservation Areas— 

4 (A) in a manner that conserves, protects, 

5 and enhances the resources of the Conservation 

6 Areas; and 

7 (B) in accordance with— 

8 (i) the Federal Land Policy and Man9 agement Act of 1976 (43 U.S.C. 1701 et 

10 seq.); 

11 (ii) this Act; and 

12 (iii) any other applicable laws. 

13 (2) USES.— 

14 (A) IN GENERAL.—The Secretary shall 

15 allow only such uses of the Conservation Areas 

16 that the Secretary determines would further the 

17 purposes described in subsection (b). 

18 (B) USE OF MOTORIZED VEHICLES.— 

19 (i) IN GENERAL.—Except as needed 

20 for administrative purposes or to respond 

21 to an emergency, the use of motorized ve22 hicles in the Conservation Areas shall be 

23 permitted only on roads designated for use 

24 by motorized vehicles in the management 

25 plan. 


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1 (ii) NEW ROADS.—No additional road 

2 shall be built within the Conservation 

3 Areas after the date of enactment of this 

4 Act unless the road is necessary for public 

5 safety or natural resource protection. 

6 (C) GRAZING.—The Secretary shall permit 

7 grazing within the Conservation Areas, where 

8 established before the date of enactment of this 

9 Act— 

10 (i) subject to all applicable laws (in11 cluding regulations) and Executive orders; 

12 and 

13 (ii) consistent with the purposes de14 scribed in subsection (b). 

15 (D) UTILITY RIGHT-OF-WAY UPGRADES.— 

16 Nothing in this section precludes the Secretary 

17 from renewing or authorizing the upgrading 

18 (including widening) of an existing utility right19 of-way through the Organ Mountains National 

20 Conservation Area— 

21 (i) in accordance with— 

22 (I) the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.); and 

25 (II) any other applicable law; and 


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1 (ii) subject to such terms and condi2 tions as the Secretary determines to be ap3 propriate. 

4 (d) MANAGEMENT PLAN.— 

5 (1) IN GENERAL.—Not later than 3 years after 

6 the date of enactment of this Act, the Secretary 

7 shall develop a management plan for each of the 

8 Conservation Areas. 

9 (2) CONSULTATION.—The management plans 

10 shall be developed in consultation with— 

11 (A) State, tribal, and local governments; 

12 and 

13 (B) the public. 

14 (3) CONSIDERATIONS.—In preparing and imple15 menting the management plans, the Secretary shall 

16 consider the recommendations of Indian tribes and 

17 pueblos on methods for— 

18 (A) ensuring access to, and protection for, 

19 traditional cultural and religious sites in the 

20 Conservation Areas; and 

21 (B) enhancing the privacy and continuity 

22 of traditional cultural and religious activities in 

23 the Conservation Areas. 

24 (e) INCORPORATION OF ACQUIRED LAND AND INTER25 ESTS IN LAND.—Any land or interest in land that is withVerDate Nov 24 2008 23:13 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689

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1 in the boundary of a Conservation Area designated by sub2 section (a) that is acquired by the United States shall— 

3 (1) become part of the Conservation Area with4 in the boundaries of which the land is located; and 

5 (2) be managed in accordance with— 

6 (A) this Act; and 

7 (B) any other applicable laws. 

8 (f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

9 On the date of enactment of this Act, administrative juris10 diction over the approximately 2,050 acres of land gen11 erally depicted as ‘‘Transfer from DOD to BLM’’ on the 

12 map entitled ‘‘Organ Mountains National Conservation 

13 Area’’ and dated September 16, 2009, shall— 

14 (1) be transferred from the Secretary of De15 fense to the Secretary; 

16 (2) become part of the Organ Mountains Na17 tional Conservation Area; and 

18 (3) be managed in accordance with— 

19 (A) this Act; and 

20 (B) any other applicable laws. 

21 SEC. 5. GENERAL PROVISIONS. 

22 (a) MAPS AND LEGAL DESCRIPTIONS.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the Secretary 

25 shall file maps and legal descriptions of the ConVerDate Nov 24 2008 23:13 Sep 17, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1689.IS S1689

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1 servation Areas and the wilderness areas designated 

2 by section 3(a) with— 

3 (A) the Committee on Energy and Natural 

4 Resources of the Senate; and 

5 (B) the Committee on Natural Resources 

6 of the House of Representatives. 

7 (2) FORCE OF LAW.—The maps and legal de8 scriptions filed under paragraph (1) shall have the 

9 same force and effect as if included in this Act, ex10 cept that the Secretary may correct errors in the 

11 maps and legal descriptions. 

12 (3) PUBLIC AVAILABILITY.—The maps and 

13 legal descriptions filed under paragraph (1) shall be 

14 on file and available for public inspection in the ap15 propriate offices of the Bureau of Land Manage16 ment. 

17 (b) NATIONAL LANDSCAPE CONSERVATION SYS18 TEM.—The Conservation Areas and the wilderness areas 

19 designated by section 3(a) shall be administered as compo20 nents of the National Landscape Conservation System. 

21 (c) FISH AND WILDLIFE.—Nothing in this Act af22 fects the jurisdiction of the State with respect to fish and 

23 wildlife located on public land in the State, except that 

24 the Secretary, after consultation with the New Mexico De25 partment of Game and Fish, may designate zones where, 


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1 and establish periods during which, hunting, or fishing 

2 shall not be allowed for reasons of public safety, adminis3 tration, the protection for nongame species and their habi4 tats, or public use and enjoyment. 

5 (d) WITHDRAWALS.— 

6 (1) IN GENERAL.—Subject to valid existing 

7 rights, the Federal land within the Conservation 

8 Areas, the wilderness areas designated by section 

9 3(a), and the approximately 6,300 acres of land gen10 erally depicted as ‘‘Parcel B’’ on the map entitled 

11 ‘‘Organ Mountains National Conservation Area’’ and 

12 dated September 16, 2009, including any land or in13 terest in land that is acquired by the United States 

14 after the date of enactment of this Act within such 

15 areas, is withdrawn from— 

16 (A) entry, appropriation, or disposal under 

17 the public land laws; 

18 (B) location, entry, and patent under the 

19 mining laws; and 

20 (C) operation of the mineral leasing, min21 eral materials, and geothermal leasing laws. 

22 (2) LIMITED WITHDRAWAL.—The approxi23 mately 1,300 acres of land generally depicted as 

24 ‘‘Parcel A’’ on the map entitled ‘‘Organ Mountains 

25 National Conservation Area’’ and dated September 


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1 16, 2009, is withdrawn in accordance with para2 graph (1), except from disposal under the Act of 

3 June 14, 1926 (commonly known as the ‘‘Recreation 

4 and Public Purposes Act’’ (43 U.S.C. 869 et seq.)). 

5 SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT 

6 BOUNDARY ADJUSTMENT. 

7 Section 2103(b) of the Omnibus Public Land Man8 agement Act of 2009 (16 U.S.C. 431 note; Public Law 

9 111–11; 123 Stat. 1097) is amended by striking ‘‘Decem10 ber 17, 2008’’ and inserting ‘‘July 30, 2009’’. 

11 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this Act. 

Æ 


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