II 

Calendar No. 596 

111TH CONGRESS 

2D SESSION S. 1689 

[Report No. 111–310] 

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 

SEPTEMBER 27, 2010 

Reported by Mr. BINGAMAN, with an amendment 

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

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Organ Mountains3 Desert Peaks Wilderness Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CONSERVATION AREA.—The term ‘‘Con7 servation Area’’ means each of the Organ Mountains 

8 National Conservation Area and the Desert Peaks 

9 National Conservation Area established by section 

10 4(a). 

11 (2) MANAGEMENT PLAN.—The term ‘‘manage12 ment plan’’ means the management plan for the 

13 Conservation Areas developed under section 4(d). 

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

15 the Secretary of the Interior. 

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

17 of New Mexico. 

18 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

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

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

21 State are designated as wilderness and as components of 

22 the National Wilderness Preservation System: 

23 (1) ADEN LAVA FLOW WILDERNESS.—Certain 

24 land administered by the Bureau of Land Manage25 ment in Don ̃a Ana County comprising approximately 

26 27,650 acres as generally depicted on the map entiVerDate Mar 15 2010 01:36 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1689.RS S1689

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1 tled ‘‘Potrillo Mountains Complex’’ and dated Sep2 tember 16, 2009, which shall be known as the 

3 ‘‘Aden Lava Flow Wilderness’’. 

4 (2) BROAD CANYON WILDERNESS.—Certain 

5 land administered by the Bureau of Land Manage6 ment in Don ̃a Ana County comprising approximately 

7 13,900 acres as generally depicted on the map enti8 tled ‘‘Desert Peaks National Conservation Area’’ 

9 and dated September 16, 2009, which shall be 

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

11 (3) CINDER CONE WILDERNESS.—Certain land 

12 administered by the Bureau of Land Management in 

13 Don ̃a Ana County comprising approximately 16,950 

14 acres as generally depicted on the map entitled 

15 ‘‘Potrillo Mountains Complex’’ and dated September 

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

17 Wilderness’’. 

18 (4) ORGAN MOUNTAINS WILDERNESS.—Certain 

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

21 19,400 acres as generally depicted on the map enti22 tled ‘‘Organ Mountains National Conservation Area’’ 

23 and dated September 16, 2009, which shall be 

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


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1 (5) POTRILLO MOUNTAINS WILDERNESS.—Cer2 tain land administered by the Bureau of Land Man3 agement in Don ̃a Ana and Luna counties comprising 

4 approximately 143,450 acres as generally depicted 

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

6 and dated September 16, 2009, which shall be 

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

8 (6) ROBLEDO MOUNTAINS WILDERNESS.—Cer9 tain land administered by the Bureau of Land Man10 agement in Don ̃a Ana County comprising approxi11 mately 17,000 acres as generally depicted on the 

12 map entitled ‘‘Desert Peaks National Conservation 

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

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

15 (7) SIERRA DE LAS UVAS WILDERNESS.—Cer16 tain land administered by the Bureau of Land Man17 agement in Don ̃a Ana County comprising approxi18 mately 11,100 acres as generally depicted on the 

19 map entitled ‘‘Desert Peaks National Conservation 

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

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

22 (8) WHITETHORN WILDERNESS.—Certain land 

23 administered by the Bureau of Land Management in 

24 Don ̃a Ana and Luna counties comprising approxi25 mately 9,600 acres as generally depicted on the map 


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1 entitled ‘‘Potrillo Mountains Complex’’ and dated 

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

3 ‘‘Whitethorn Wilderness’’. 

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

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

6 administered by the Secretary in accordance with this Act 

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

8 that any reference in the Wilderness Act to the effective 

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

10 the date of enactment of this Act. 

11 (c) INCORPORATION OF ACQUIRED LAND AND INTER12 ESTS IN LAND.—Any land or interest in land that is with13 in the boundary of a wilderness area designated by sub14 section (a) that is acquired by the United States shall— 

15 (1) become part of the wilderness area within 

16 the boundaries of which the land is located; and 

17 (2) be managed in accordance with— 

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

19 seq.); 

20 (B) this Act; and 

21 (C) any other applicable laws. 

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

23 areas designated by subsection (a), where established be24 fore the date of enactment of this Act, shall be adminis25 tered in accordance with— 


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

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

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

4 Report of the Committee on Interior and Insular Af5 fairs to accompany H.R. 2570 of the 101st Congress 

6 (H. Rept. 101–405). 

7 (e) MILITARY OVERFLIGHTS.—Nothing in this sec8 tion restricts or precludes— 

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

10 the wilderness areas designated by subsection (a), 

11 including military overflights that can be seen or 

12 heard within the wilderness areas; 

13 (2) flight testing and evaluation; or 

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

15 special use airspace, or the establishment of military 

16 flight training routes, over the wilderness areas. 

17 (f) BUFFER ZONES.— 

18 (1) IN GENERAL.—Nothing in this section cre19 ates a protective perimeter or buffer zone around 

20 any wilderness area designated by subsection (a). 

21 (2) ACTIVITIES OUTSIDE WILDERNESS

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

23 outside any wilderness area designated by subsection 

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


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1 shall not preclude the activity or use outside the 

2 boundary of the wilderness area. 

3 (g) POTENTIAL WILDERNESS AREA.— 

4 (1) ROBLEDO MOUNTAINS POTENTIAL WILDER5 NESS AREA.— 

6 (A) IN GENERAL.—Certain land adminis7 tered by the Bureau of Land Management, 

8 comprising approximately 100 acres as gen9 erally depicted as ‘‘Potential Wilderness’’ on the 

10 map entitled ‘‘Desert Peaks National Conserva11 tion Area’’ and dated September 16, 2009, is 

12 designated as a potential wilderness area. 

13 (B) DESIGNATION AS WILDERNESS.— 

14 (i) IN GENERAL.—On the date on 

15 which the Secretary publishes in the Fed16 eral Register the notice described in clause 

17 (ii), the potential wilderness area des18 ignated under subparagraph (A) shall be— 

19 (I) designated as wilderness and 

20 as a component of the National Wil21 derness Preservation System; and 

22 (II) incorporated into the 

23 Robledo Mountains Wilderness des24 ignated by subsection (a)(6). 


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1 (ii) NOTICE.—The notice referred to 

2 in clause (i) is notice that— 

3 (I) the communications site with4 in the potential wilderness area des5 ignated under subparagraph (A) is no 

6 longer used; 

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

8 relinquished or not renewed; and 

9 (III) the conditions in the poten10 tial wilderness area designated by sub11 paragraph (A) are compatible with the 

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

13 seq.). 

14 (h) RELEASE OF WILDERNESS STUDY AREAS.—Con15 gress finds that, for purposes of section 603(c) of the Fed16 eral Land Policy and Management Act of 1976 (43 U.S.C. 

17 1782(c)), the public land in Don ̃a Ana County adminis18 tered by the Bureau of Land Management not designated 

19 as wilderness by subsection (a)— 

20 (1) has been adequately studied for wilderness 

21 designation; 

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

23 Federal Land Policy and Management Act of 1976 

24 (43 U.S.C. 1782(c)); and 

25 (3) shall be managed in accordance with— 


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1 (A) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

3 (B) this Act; and 

4 (C) any other applicable laws. 

5 SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION 

6 AREAS. 

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

8 State are established as National Conservation Areas: 

9 (1) ORGAN MOUNTAINS NATIONAL CONSERVA10 TION AREA.—Certain land administered by the Bu11 reau of Land Management in Don ̃a Ana County 

12 comprising approximately 86,650 acres as generally 

13 depicted on the map entitled ‘‘Organ Mountains Na14 tional Conservation Area’’ and dated September 16, 

15 2009, which shall be known as the ‘‘Organ Moun16 tains National Conservation Area’’. 

17 (2) DESERT PEAKS NATIONAL CONSERVATION

18 AREA.—Certain land administered by the Bureau of 

19 Land Management in Don ̃a Ana County comprising 

20 approximately 75,600 acres, as generally depicted on 

21 the map entitled ‘‘Desert Peaks National Conserva22 tion Area’’ and dated September 16, 2009, which 

23 shall be known as the ‘‘Desert Peaks National Con24 servation Area’’. 


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

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

3 and enjoyment of present and future generations the cul4 tural, archaeological, natural, geological, historical, eco5 logical, wildlife, educational, recreational, and scenic re6 sources of the Conservation Areas. 

7 (c) MANAGEMENT.— 

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

9 the Conservation Areas— 

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

11 and enhances the resources of the Conservation 

12 Areas; and 

13 (B) in accordance with— 

14 (i) the Federal Land Policy and Man15 agement Act of 1976 (43 U.S.C. 1701 et 

16 seq.); 

17 (ii) this Act; and 

18 (iii) any other applicable laws. 

19 (2) USES.— 

20 (A) IN GENERAL.—The Secretary shall 

21 allow only such uses of the Conservation Areas 

22 that the Secretary determines would further the 

23 purposes described in subsection (b). 

24 (B) USE OF MOTORIZED VEHICLES.— 


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1 (i) IN GENERAL.—Except as needed 

2 for administrative purposes or to respond 

3 to an emergency, the use of motorized ve4 hicles in the Conservation Areas shall be 

5 permitted only on roads designated for use 

6 by motorized vehicles in the management 

7 plan. 

8 (ii) NEW ROADS.—No additional road 

9 shall be built within the Conservation 

10 Areas after the date of enactment of this 

11 Act unless the road is necessary for public 

12 safety or natural resource protection. 

13 (C) GRAZING.—The Secretary shall permit 

14 grazing within the Conservation Areas, where 

15 established before the date of enactment of this 

16 Act— 

17 (i) subject to all applicable laws (in18 cluding regulations) and Executive orders; 

19 and 

20 (ii) consistent with the purposes de21 scribed in subsection (b). 

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

23 Nothing in this section precludes the Secretary 

24 from renewing or authorizing the upgrading 

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1 of-way through the Organ Mountains National 

2 Conservation Area— 

3 (i) in accordance with— 

4 (I) the National Environmental 

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

6 et seq.); and 

7 (II) any other applicable law; and 

8 (ii) subject to such terms and condi9 tions as the Secretary determines to be ap10 propriate. 

11 (d) MANAGEMENT PLAN.— 

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

13 the date of enactment of this Act, the Secretary 

14 shall develop a management plan for each of the 

15 Conservation Areas. 

16 (2) CONSULTATION.—The management plans 

17 shall be developed in consultation with— 

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

19 and 

20 (B) the public. 

21 (3) CONSIDERATIONS.—In preparing and imple22 menting the management plans, the Secretary shall 

23 consider the recommendations of Indian tribes and 

24 pueblos on methods for— 


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

2 traditional cultural and religious sites in the 

3 Conservation Areas; and 

4 (B) enhancing the privacy and continuity 

5 of traditional cultural and religious activities in 

6 the Conservation Areas. 

7 (e) INCORPORATION OF ACQUIRED LAND AND INTER8 ESTS IN LAND.—Any land or interest in land that is with9 in the boundary of a Conservation Area designated by sub10 section (a) that is acquired by the United States shall— 

11 (1) become part of the Conservation Area with12 in the boundaries of which the land is located; and 

13 (2) be managed in accordance with— 

14 (A) this Act; and 

15 (B) any other applicable laws. 

16 (f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

17 On the date of enactment of this Act, administrative juris18 diction over the approximately 2,050 acres of land gen19 erally depicted as ‘‘Transfer from DOD to BLM’’ on the 

20 map entitled ‘‘Organ Mountains National Conservation 

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

22 (1) be transferred from the Secretary of De23 fense to the Secretary; 

24 (2) become part of the Organ Mountains Na25 tional Conservation Area; and 


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1 (3) be managed in accordance with— 

2 (A) this Act; and 

3 (B) any other applicable laws. 

4 SEC. 5. GENERAL PROVISIONS. 

5 (a) MAPS AND LEGAL DESCRIPTIONS.— 

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

7 the date of enactment of this Act, the Secretary 

8 shall file maps and legal descriptions of the Con9 servation Areas and the wilderness areas designated 

10 by section 3(a) with— 

11 (A) the Committee on Energy and Natural 

12 Resources of the Senate; and 

13 (B) the Committee on Natural Resources 

14 of the House of Representatives. 

15 (2) FORCE OF LAW.—The maps and legal de16 scriptions filed under paragraph (1) shall have the 

17 same force and effect as if included in this Act, ex18 cept that the Secretary may correct errors in the 

19 maps and legal descriptions. 

20 (3) PUBLIC AVAILABILITY.—The maps and 

21 legal descriptions filed under paragraph (1) shall be 

22 on file and available for public inspection in the ap23 propriate offices of the Bureau of Land Manage24 ment. 


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1 (b) NATIONAL LANDSCAPE CONSERVATION SYS2 TEM.—The Conservation Areas and the wilderness areas 

3 designated by section 3(a) shall be administered as compo4 nents of the National Landscape Conservation System. 

5 (c) FISH AND WILDLIFE.—Nothing in this Act af6 fects the jurisdiction of the State with respect to fish and 

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

8 the Secretary, after consultation with the New Mexico De9 partment of Game and Fish, may designate zones where, 

10 and establish periods during which, hunting, or fishing 

11 shall not be allowed for reasons of public safety, adminis12 tration, the protection for nongame species and their habi13 tats, or public use and enjoyment. 

14 (d) WITHDRAWALS.— 

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

16 rights, the Federal land within the Conservation 

17 Areas, the wilderness areas designated by section 

18 3(a), and the approximately 6,300 acres of land gen19 erally depicted as ‘‘Parcel B’’ on the map entitled 

20 ‘‘Organ Mountains National Conservation Area’’ and 

21 dated September 16, 2009, including any land or in22 terest in land that is acquired by the United States 

23 after the date of enactment of this Act within such 

24 areas, is withdrawn from— 


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1 (A) entry, appropriation, or disposal under 

2 the public land laws; 

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

4 mining laws; and 

5 (C) operation of the mineral leasing, min6 eral materials, and geothermal leasing laws. 

7 (2) LIMITED WITHDRAWAL.—The approxi8 mately 1,300 acres of land generally depicted as 

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

10 National Conservation Area’’ and dated September 

11 16, 2009, is withdrawn in accordance with para12 graph (1), except from disposal under the Act of 

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

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

15 SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT 

16 BOUNDARY ADJUSTMENT. 

17 Section 2103(b) of the Omnibus Public Land Man18 agement Act of 2009 (16 U.S.C. 431 note; Public Law 

19 111–11; 123 Stat. 1097) is amended by striking ‘‘Decem20 ber 17, 2008’’ and inserting ‘‘July 30, 2009’’. 

21 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Organ Mountains– 

3 Desert Peaks Wilderness Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) CONSERVATION AREA.—The term ‘‘Conserva7 tion Area’’ means each of the Organ Mountains Na8 tional Conservation Area and the Desert Peaks Na9 tional Conservation Area established by section 4(a). 

10 (2) MANAGEMENT PLAN.—The term ‘‘manage11 ment plan’’ means the management plan for the Con12 servation Areas developed under section 4(d). 

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

14 the Secretary of the Interior. 

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

16 of New Mexico. 

17 SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

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

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

20 are designated as wilderness and as components of the Na21 tional Wilderness Preservation System: 

22 (1) ADEN LAVA FLOW WILDERNESS.—Certain 

23 land administered by the Bureau of Land Manage24 ment in Don ̃a Ana County comprising approximately 

25 27,650 acres, as generally depicted on the map enti26 tled ‘‘Potrillo Mountains Complex’’ and dated May 


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1 18, 2010, which shall be known as the ‘‘Aden Lava 

2 Flow Wilderness’’. 

3 (2) BROAD CANYON WILDERNESS.—Certain land 

4 administered by the Bureau of Land Management in 

5 Don ̃a Ana County comprising approximately 13,900 

6 acres, as generally depicted on the map entitled 

7 ‘‘Desert Peaks National Conservation Area’’ and 

8 dated May 18, 2010, which shall be known as the 

9 ‘‘Broad Canyon Wilderness’’. 

10 (3) CINDER CONE WILDERNESS.—Certain land 

11 administered by the Bureau of Land Management in 

12 Don ̃a Ana County comprising approximately 16,950 

13 acres, as generally depicted on the map entitled 

14 ‘‘Potrillo Mountains Complex’’ and dated May 18, 

15 2010, which shall be known as the ‘‘Cinder Cone Wil16 derness’’. 

17 (4) ORGAN MOUNTAINS WILDERNESS.—Certain 

18 land administered by the Bureau of Land Manage19 ment in Don ̃a Ana County comprising approximately 

20 19,400 acres, as generally depicted on the map enti21 tled ‘‘Organ Mountains National Conservation Area’’ 

22 and dated June 22, 2010, which shall be known as the 

23 ‘‘Organ Mountains Wilderness’’. 

24 (5) POTRILLO MOUNTAINS WILDERNESS.—Cer25 tain land administered by the Bureau of Land ManVerDate Mar 15 2010 01:36 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\S1689.RS S1689

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1 agement in Don ̃a Ana and Luna counties comprising 

2 approximately 125,850 acres, as generally depicted on 

3 the map entitled ‘‘Potrillo Mountains Complex’’ and 

4 dated May 18, 2010, which shall be known as the 

5 ‘‘Potrillo Mountains Wilderness’’. 

6 (6) ROBLEDO MOUNTAINS WILDERNESS.—Cer7 tain land administered by the Bureau of Land Man8 agement in Don ̃a Ana County comprising approxi9 mately 16,950 acres, as generally depicted on the map 

10 entitled ‘‘Desert Peaks National Conservation Area’’ 

11 and dated May 18, 2010, which shall be known as the 

12 ‘‘Robledo Mountains Wilderness’’. 

13 (7) SIERRA DE LAS UVAS WILDERNESS.—Certain 

14 land administered by the Bureau of Land Manage15 ment in Don ̃a Ana County comprising approximately 

16 11,100 acres, as generally depicted on the map enti17 tled ‘‘Desert Peaks National Conservation Area’’ and 

18 dated May 18, 2010, which shall be known as the ‘‘Si19 erra de las Uvas Wilderness’’. 

20 (8) WHITETHORN WILDERNESS.—Certain land 

21 administered by the Bureau of Land Management in 

22 Don ̃a Ana and Luna counties comprising approxi23 mately 9,600 acres, as generally depicted on the map 

24 entitled ‘‘Potrillo Mountains Complex’’ and dated 


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1 May 18, 2010, which shall be known as the 

2 ‘‘Whitethorn Wilderness’’. 

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

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

5 administered by the Secretary in accordance with this Act 

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

7 that— 

8 (1) any reference in the Wilderness Act to the ef9 fective date of that Act shall be considered to be a ref10 erence to the date of enactment of this Act; and 

11 (2) any reference in the Wilderness Act to the 

12 Secretary of Agriculture shall be considered to be a 

13 reference to the Secretary of the Interior. 

14 (c) INCORPORATION OF ACQUIRED LAND AND INTER15 ESTS IN LAND.—Any land or interest in land that is within 

16 the boundary of a wilderness area designated by subsection 

17 (a) that is acquired by the United States shall— 

18 (1) become part of the wilderness area within the 

19 boundaries of which the land is located; and 

20 (2) be managed in accordance with— 

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

22 seq.); 

23 (B) this Act; and 

24 (C) any other applicable laws. 


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

2 areas designated by subsection (a), where established before 

3 the date of enactment of this Act, shall be administered in 

4 accordance with— 

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

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

7 (2) the guidelines set forth in Appendix A of the 

8 Report of the Committee on Interior and Insular Af9 fairs to accompany H.R. 2570 of the 101st Congress 

10 (H. Rept. 101–405). 

11 (e) MILITARY OVERFLIGHTS.—Nothing in this section 

12 restricts or precludes— 

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

14 the wilderness areas designated by subsection (a), in15 cluding military overflights that can be seen or heard 

16 within the wilderness areas; 

17 (2) the designation of new units of special air18 space over the wilderness areas or wilderness addi19 tions designated by this Act; or 

20 (3) the use or establishment of military flight 

21 training routes over wilderness areas or wilderness 

22 additions designated by this Act. 

23 (f) BUFFER ZONES.— 


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1 (1) IN GENERAL.—Nothing in this section creates 

2 a protective perimeter or buffer zone around any wil3 derness area designated by subsection (a). 

4 (2) ACTIVITIES OUTSIDE WILDERNESS AREAS.— 

5 The fact that an activity or use on land outside any 

6 wilderness area designated by subsection (a) can be 

7 seen or heard within the wilderness area shall not 

8 preclude the activity or use outside the boundary of 

9 the wilderness area. 

10 (g) PERMIT AUTHORIZATION.—The Secretary may 

11 continue to authorize the competitive running event per12 mitted from 1970 through 2010 in the vicinity of the bound13 aries of the Organ Mountains Wilderness designated by sub14 section (a)(4) in a manner compatible with the preservation 

15 of the area as wilderness. 

16 (h) POTENTIAL WILDERNESS AREA.— 

17 (1) ROBLEDO MOUNTAINS POTENTIAL WILDER18 NESS AREA.— 

19 (A) IN GENERAL.—Certain land adminis20 tered by the Bureau of Land Management, com21 prising approximately 100 acres as generally de22 picted as ‘‘Potential Wilderness’’ on the map en23 titled ‘‘Desert Peaks National Conservation 

24 Area’’ and dated May 18, 2010, is designated as 

25 a potential wilderness area. 


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1 (B) USES.—The Secretary shall permit 

2 only such uses on the land described in subpara3 graph (A) that were permitted on the date of en4 actment of this Act. 

5 (C) DESIGNATION AS WILDERNESS.— 

6 (i) IN GENERAL.—On the date on 

7 which the Secretary publishes in the Federal 

8 Register the notice described in clause (ii), 

9 the potential wilderness area designated 

10 under subparagraph (A) shall be— 

11 (I) designated as wilderness and 

12 as a component of the National Wilder13 ness Preservation System; and 

14 (II) incorporated into the Robledo 

15 Mountains Wilderness designated by 

16 subsection (a)(6). 

17 (ii) NOTICE.—The notice referred to in 

18 clause (i) is notice that— 

19 (I) the communications site with20 in the potential wilderness area des21 ignated under subparagraph (A) is no 

22 longer used; 

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

24 relinquished or not renewed; and 


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1 (III) the conditions in the poten2 tial wilderness area designated by sub3 paragraph (A) are compatible with the 

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

5 seq.). 

6 (i) RELEASE OF WILDERNESS STUDY AREAS.—Con7 gress finds that, for purposes of section 603(c) of the Federal 

8 Land Policy and Management Act of 1976 (43 U.S.C. 

9 1782(c)), the public land in Don ̃a Ana County adminis10 tered by the Bureau of Land Management not designated 

11 as wilderness by subsection (a)— 

12 (1) has been adequately studied for wilderness 

13 designation; 

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

15 Federal Land Policy and Management Act of 1976 

16 (43 U.S.C. 1782(c)); and 

17 (3) shall be managed in accordance with— 

18 (A) the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

20 (B) this Act; and 

21 (C) any other applicable laws. 

22 SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION 

23 AREAS. 

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

25 State are established as National Conservation Areas: 


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1 (1) ORGAN MOUNTAINS NATIONAL CONSERVATION

2 AREA.—Certain land administered by the Bureau of 

3 Land Management in Don ̃a Ana County comprising 

4 approximately 84,950 acres, as generally depicted on 

5 the map entitled ‘‘Organ Mountains National Con6 servation Area’’ and dated June 22, 2010, which shall 

7 be known as the ‘‘Organ Mountains National Con8 servation Area’’. 

9 (2) DESERT PEAKS NATIONAL CONSERVATION

10 AREA.—Certain land administered by the Bureau of 

11 Land Management in Don ̃a Ana County comprising 

12 approximately 75,550 acres, as generally depicted on 

13 the map entitled ‘‘Desert Peaks National Conservation 

14 Area’’ and dated May 18, 2010, which shall be known 

15 as the ‘‘Desert Peaks National Conservation Area’’. 

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

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

18 and enjoyment of present and future generations the cul19 tural, archaeological, natural, geological, historical, ecologi20 cal, watershed, wildlife, educational, recreational, and sce21 nic resources of the Conservation Areas. 

22 (c) MANAGEMENT.— 

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

24 the Conservation Areas— 


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

2 and enhances the resources of the Conservation 

3 Areas; and 

4 (B) in accordance with— 

5 (i) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); 

8 (ii) this Act; and 

9 (iii) any other applicable laws. 

10 (2) USES.— 

11 (A) IN GENERAL.—The Secretary shall 

12 allow only such uses of the Conservation Areas 

13 that the Secretary determines would further the 

14 purposes described in subsection (b). 

15 (B) USE OF MOTORIZED VEHICLES.— 

16 (i) IN GENERAL.—Except as needed for 

17 administrative purposes or to respond to an 

18 emergency, the use of motorized vehicles in 

19 the Conservation Areas shall be permitted 

20 only on roads designated for use by motor21 ized vehicles in the management plan. 

22 (ii) NEW ROADS.—No additional road 

23 shall be built within the Conservation Areas 

24 after the date of enactment of this Act unVerDate Mar 15 2010 01:36 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S1689.RS S1689

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1 less the road is necessary for public safety 

2 or natural resource protection. 

3 (C) GRAZING.—The Secretary shall permit 

4 grazing within the Conservation Areas, where es5 tablished before the date of enactment of this 

6 Act— 

7 (i) subject to all applicable laws (in8 cluding regulations) and Executive orders; 

9 and 

10 (ii) consistent with the purposes de11 scribed in subsection (b). 

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

13 Nothing in this section precludes the Secretary 

14 from renewing or authorizing the upgrading (in15 cluding widening) of a utility right-of-way in 

16 existence as of the date of enactment of this Act 

17 through the Organ Mountains National Con18 servation Area— 

19 (i) in accordance with— 

20 (I) the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4321 et 

22 seq.); and 

23 (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 shall 

7 develop a management plan for each of the Conserva8 tion Areas. 

9 (2) CONSULTATION.—The management plans 

10 shall be developed in consultation with— 

11 (A) interested Federal agencies; 

12 (B) State, tribal, and local governments; 

13 and 

14 (C) the public. 

15 (3) CONSIDERATIONS.—In preparing and imple16 menting the management plans, the Secretary shall 

17 consider the recommendations of Indian tribes and 

18 pueblos on methods for providing access to, and pro19 tection for, traditional cultural and religious sites in 

20 the Conservation Areas. 

21 (e) INCORPORATION OF ACQUIRED LAND AND INTER22 ESTS IN LAND.—Any land or interest in land that is within 

23 the boundary of a Conservation Area designated by sub24 section (a) that is acquired by the United States shall— 


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1 (1) become part of the Conservation Area within 

2 the boundaries of which the land is located; and 

3 (2) be managed in accordance with— 

4 (A) this Act; and 

5 (B) any other applicable laws. 

6 (f) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

7 On the date of enactment of this Act, administrative juris8 diction over the approximately 2,050 acres of land generally 

9 depicted as ‘‘Transfer from DOD to BLM’’ on the map enti10 tled ‘‘Organ Mountains National Conservation Area’’ and 

11 dated June 22, 2010, shall— 

12 (1) be transferred from the Secretary of Defense 

13 to the Secretary; 

14 (2) become part of the Organ Mountains Na15 tional Conservation Area; and 

16 (3) be managed in accordance with— 

17 (A) this Act; and 

18 (B) any other applicable laws. 

19 SEC. 5. GENERAL PROVISIONS. 

20 (a) MAPS AND LEGAL DESCRIPTIONS.— 

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

22 the date of enactment of this Act, the Secretary shall 

23 file maps and legal descriptions of the Conservation 

24 Areas and the wilderness areas designated by this Act 

25 with— 


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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources of 

4 the House of Representatives. 

5 (2) FORCE OF LAW.—The maps and legal de6 scriptions filed under paragraph (1) shall have the 

7 same force and effect as if included in this Act, except 

8 that the Secretary may correct errors in the maps 

9 and legal descriptions. 

10 (3) PUBLIC AVAILABILITY.—The maps and legal 

11 descriptions filed under paragraph (1) shall be on file 

12 and available for public inspection in the appropriate 

13 offices of the Bureau of Land Management. 

14 (b) NATIONAL LANDSCAPE CONSERVATION SYSTEM.— 

15 The Conservation Areas and the wilderness areas designated 

16 by this Act shall be administered as components of the Na17 tional Landscape Conservation System. 

18 (c) FISH AND WILDLIFE.—Nothing in this Act affects 

19 the jurisdiction of the State with respect to fish and wildlife 

20 located on public land in the State, except that the Sec21 retary, after consultation with the New Mexico Department 

22 of Game and Fish, may designate zones where, and establish 

23 periods during which, hunting, or fishing shall not be al24 lowed for reasons of public safety, administration, the proVerDate Mar 15 2010 01:36 Sep 29, 2010 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S1689.RS S1689

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1 tection for nongame species and their habitats, or public 

2 use and enjoyment. 

3 (d) WITHDRAWALS.— 

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

5 rights, the Federal land within the Conservation 

6 Areas, the wilderness areas designated by this Act, 

7 and any land or interest in land that is acquired by 

8 the United States in the Conservation Areas or wil9 derness areas after the date of enactment of this Act 

10 is withdrawn from— 

11 (A) entry, appropriation, or disposal under 

12 the public land laws; 

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

14 mining laws; and 

15 (C) operation of the mineral leasing, min16 eral materials, and geothermal leasing laws. 

17 (2) PARCEL A.—The approximately 1,300 acres 

18 of land generally depicted as ‘‘Parcel A’’ on the map 

19 entitled ‘‘Organ Mountains National Conservation 

20 Area’’ and dated June 22, 2010, is withdrawn in ac21 cordance with paragraph (1), except that the land is 

22 not withdrawn from disposal under the Act of June 

23 14, 1926 (commonly known as the ‘‘Recreation and 

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


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1 (3) PARCEL B.—The approximately 6,500 acres 

2 of land generally depicted as ‘‘Parcel B’’ on the map 

3 entitled ‘‘Organ Mountains National Conservation 

4 Area’’ and dated June 22, 2010, is withdrawn in ac5 cordance with paragraph (1), except that the land is 

6 not withdrawn for purposes of the issuance of oil and 

7 gas pipeline rights-of-way. 

8 SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT 

9 BOUNDARY ADJUSTMENT. 

10 Section 2103 of the Omnibus Public Land Manage11 ment Act of 2009 (16 U.S.C. 431 note; Public Law 111– 

12 11; 123 Stat. 1097) is amended by striking subsection (b) 

13 and inserting the following: 

14 ‘‘(b) DESCRIPTION OF LAND.—The Monument shall 

15 consist of approximately 5,750 acres of public land in Dona ̃

16 Ana County, New Mexico, as generally depicted on the map 

17 entitled ‘Desert Peaks National Conservation Area’ and 

18 dated May 18, 2010.’’. 

19 SEC. 7. BORDER SECURITY. 

20 (a) IN GENERAL.—Nothing in this Act— 

21 (1) prevents the Secretary of Homeland Security 

22 from undertaking law enforcement and border secu23 rity activities, in accordance with section 4(c) of the 

24 Wilderness Act (16 U.S.C. 1133(c)), within the areas 

25 designated as wilderness by this Act, including the 


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1 ability to use motorized access within a wilderness 

2 area while in pursuit of a suspect; 

3 (2) affects the 2006 Memorandum of Under4 standing among the Department of Homeland Secu5 rity, the Department of the Interior, and the Depart6 ment of Agriculture regarding cooperative national 

7 security and counterterrorism efforts on Federal land 

8 along the borders of the United States; or 

9 (3) prevents the Secretary of Homeland Security 

10 from conducting any low-level overflights over the wil11 derness areas designated by this Act that may be nec12 essary for law enforcement and border security pur13 poses. 

14 (b) RESTRICTED USE AREA.— 

15 (1) WITHDRAWAL.—The area identified as ‘‘Re16 stricted Use Area’’ on the map entitled ‘‘Potrillo 

17 Mountains Complex’’ and dated May 18, 2010 is 

18 withdrawn in accordance with section 5(d)(1). 

19 (2) ADMINISTRATION.—Except as provided in 

20 paragraphs (3) and (4), the Secretary shall admin21 ister the area described in paragraph (1) in a man22 ner that, to the maximum extent practicable, protects 

23 the wilderness character of the area. 

24 (3) USE OF MOTOR VEHICLES.—The use of motor 

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1 port shall be prohibited in the area described in para2 graph (1) except as necessary for— 

3 (A) the administration of the area (includ4 ing the conduct of law enforcement and border 

5 security activities in the area); or 

6 (B) grazing uses by authorized permittees. 

7 (4) EFFECT OF SUBSECTION.—Nothing in this 

8 subsection precludes the Secretary from allowing 

9 within the area described in paragraph (1) the instal10 lation and maintenance of communication or surveil11 lance infrastructure necessary for law enforcement or 

12 border security activities. 

13 (c) RESTRICTED ROUTE.—The route excluded from the 

14 Potrillo Mountains Wilderness identified as ‘‘Restricted– 

15 Administrative Access’’ on the map entitled ‘‘Potrillo Moun16 tains Complex’’ and dated May 18, 2010, shall be— 

17 (1) closed to public access; but 

18 (2) available for administrative and law enforce19 ment uses, including border security activities. 

20 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums as 

22 are necessary to carry out this Act. 


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Calendar No. 596 

111TH CONGRESS 

2D SESSION S. 1689 

[Report No. 111–310] 

A BILL 

To designate certain land as components of the NaState of New Mexico, and for other purposes. National Landscape Conservation System in the tional Wilderness Preservation System and the 

SEPTEMBER 27, 2010 

Reported with an amendment 


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