II

104TH CONGRESS

1ST SESSION S. 265

To amend the San Juan Basin Wilderness Protection Act of 1984 to designate

additional lands as wilderness and to establish the Fossil Forest Research

Natural Area, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 24 (legislative day, JANUARY 10), 1995

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill;

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

A BILL

To amend the San Juan Basin Wilderness Protection Act

of 1984 to designate additional lands as wilderness and

to establish the Fossil Forest Research Natural Area,

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 ‘‘Bisti/De-Na-Zin

5 Wilderness Expansion and Fossil Forest Protection Act’’.
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1 SEC. 2. BISTI/DE-NA-ZIN WILDERNESS.

2 (a) WILDERNESS DESIGNATION.—Section 102 of the

3 San Juan Basin Wilderness Protection Act of 1984 (98

4 Stat. 3155) is amended—

5 (1) in subsection (a)—

6 (A) by striking ‘‘wilderness, and, there7 fore,’’ and all that follows through ‘‘Sys8 tem—’’ and inserting ‘‘wilderness areas, and as

9 one component of the National Wilderness

10 Preservation System, to be known as the ‘Bisti/

11 De-Na-Zin Wilderness’—’’;

12 (B) in paragraph (1), by striking ‘‘, and

13 which shall be known as the Bisti Wilderness;

14 and’’ and inserting a semicolon;

15 (C) in paragraph (2), by striking ‘‘, and

16 which shall be known as the De-Na-zin Wilder17 ness.’’ and inserting ‘‘; and’’; and

18 (D) by adding at the end the following new

19 paragraph:

20 ‘‘(3) certain lands in the Farmington District of

21 the Bureau of Land Management, New Mexico,

22 which comprise approximately 16,674 acres, as gen23 erally depicted on a map entitled ‘Bisti/De-Na-Zin

24 Wilderness Amendment Proposal’, dated May

25 1992.’’;
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1 (2) in the first sentence of subsection (c), by in2 serting after ‘‘of this Act’’ the following: ‘‘with re3 gard to the areas described in paragraphs (1) and

4 (2) of subsection (a), and as soon as practicable

5 after the date of enactment of subsection (a)(3) with

6 regard to the area described in subsection (a)(3)’’;

7 (3) in subsection (d), by inserting after ‘‘of this

8 Act’’ the following: ‘‘with regard to the areas de9 scribed in paragraphs (1) and (2) of subsection (a),

10 and where established prior to the date of enactment

11 of subsection (a)(3) with regard to the area de12 scribed in subsection (a)(3)’’; and

13 (4) by adding at the end the following new sub14 section:

15 ‘‘(e)(1) Subject to valid existing rights, the lands de16 scribed in subsection (a)(3) are withdrawn from all forms

17 of appropriation under the mining laws and from disposi18 tion under all laws pertaining to mineral leasing, geo19 thermal leasing, and mineral material sales.

20 ‘‘(2) The Secretary of the Interior may issue coal

21 leases in New Mexico in exchange for any preference right

22 coal lease application within the area described in sub23 section (a)(3). Such exchanges shall be made in accord24 ance with applicable existing laws and regulations relating

25 to coal leases after a determination has been made by the
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1 Secretary that the applicant is entitled to a preference

2 right lease and that the exchange is in the public interest.

3 ‘‘(3) Operations on oil and gas leases issued prior to

4 the date of enactment of subsection (a)(3) shall be subject

5 to the applicable provisions of Group 3100 of title 43,

6 Code of Federal Regulations (including section 3162.5–

7 1), and such other terms, stipulations, and conditions as

8 the Secretary of the Interior considers necessary to avoid

9 significant disturbance of the land surface or impairment

10 of the ecological, educational, scientific, recreational, sce11 nic, and other wilderness values of the lands described in

12 subsection (a)(3) in existence on the date of enactment

13 of subsection (a)(3).’’.

14 (b) EXCHANGES FOR STATE LANDS.—Section 104 of

15 the San Juan Basin Wilderness Protection Act of 1984

16 (98 Stat. 3156) is amended—

17 (1) in the first sentence of subsection (b), by in18 serting after ‘‘of this Act’’ the following: ‘‘with re19 gard to the areas described in paragraphs (1) and

20 (2) of subsection (a), and not later than 120 days

21 after the date of enactment of subsection (a)(3) with

22 regard to the area described in subsection (a)(3)’’;

23 (2) in subsection (c), by inserting before the pe24 riod the following: ‘‘with regard to the areas de25 scribed in paragraphs (1) and (2) of subsection (a),
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1 and as of the date of enactment of subsection (a)(3)

2 with regard to the area described in subsection

3 (a)(3)’’; and

4 (3) in the last sentence of subsection (d), by in5 serting before the period the following: ‘‘with regard

6 to the areas described in paragraphs (1) and (2) of

7 subsection (a), and not later than 2 years after the

8 date of enactment of subsection (a)(3) with regard

9 to the area described in subsection (a)(3)’’.

10 (c) EXCHANGES FOR INDIAN LANDS.—Section 105

11 of the San Juan Basin Wilderness Protection Act of 1984

12 (98 Stat. 3157) is amended by adding at the end the fol13 lowing new subsection:

14 ‘‘(d)(1) The Secretary of the Interior shall exchange

15 any lands held in trust for the Navajo Tribe by the Bureau

16 of Indian Affairs that are within the boundary of the area

17 described in subsection (a)(3).

18 ‘‘(2) The lands shall be exchanged for lands within

19 New Mexico approximately equal in value that are selected

20 by the Navajo Tribe.

21 ‘‘(3) After the exchange, the lands selected by the

22 Navajo Tribe shall be held in trust by the Secretary of

23 the Interior in the same manner as the lands described

24 in paragraph (1).’’.
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1 SEC. 3. FOSSIL FOREST RESEARCH NATURAL AREA.

2 Section 103 of the San Juan Basin Wilderness Pro3 tection Act of 1984 (98 Stat. 3156) is amended to read

4 as follows:

5 ‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

6 ‘‘(a) ESTABLISHMENT.—To conserve and protect

7 natural values and to provide scientific knowledge, edu8 cation, and interpretation for the benefit of future genera9 tions, there is established the Fossil Forest Research Nat10 ural Area (referred to in this section as the ‘Area’), con11 sisting of the approximately 2,770 acres in the Farming12 ton District of the Bureau of Land Management, New

13 Mexico, as generally depicted on a map entitled ‘Fossil

14 Forest’, dated June 1983.

15 ‘‘(b) MAP AND LEGAL DESCRIPTION.—

16 ‘‘(1) IN GENERAL.—As soon as practicable

17 after the date of enactment of this paragraph, the

18 Secretary of the Interior shall file a map and legal

19 description of the Area with the Committee on En20 ergy and Natural Resources of the Senate and the

21 Committee on Natural Resources of the House of

22 Representatives.

23 ‘‘(2) FORCE AND EFFECT.—The map and legal

24 description described in paragraph (1) shall have the

25 same force and effect as if included in this Act.
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1 ‘‘(3) TECHNICAL CORRECTIONS.—The Sec2 retary of the Interior may correct clerical, typo3 graphical, and cartographical errors in the map and

4 legal description subsequent to filing the map pursu5 ant to paragraph (1).

6 ‘‘(4) PUBLIC INSPECTION.—The map and legal

7 description shall be on file and available for public

8 inspection in the Office of the Director of the Bu9 reau of Land Management, Department of the Inte10 rior.

11 ‘‘(c) MANAGEMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary of the Inte13 rior, acting through the Director of the Bureau of

14 Land Management, shall manage the Area—

15 ‘‘(A) to protect the resources within the

16 Area; and

17 ‘‘(B) in accordance with—

18 ‘‘(i) this Act;

19 ‘‘(ii) the Federal Land Policy and

20 Management Act of 1976 (43 U.S.C. 1701

21 et seq.); and

22 ‘‘(iii) other applicable provisions of

23 law.

24 ‘‘(2) MINING.—
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1 ‘‘(A) WITHDRAWAL.—Subject to valid ex2 isting rights, the lands within the Area are

3 withdrawn from all forms of appropriation

4 under the mining laws and from disposition

5 under all laws pertaining to mineral leasing,

6 geothermal leasing, and mineral material sales.

7 ‘‘(B) COAL PREFERENCE RIGHTS.—The

8 Secretary of the Interior is authorized to issue

9 coal leases in New Mexico in exchange for any

10 preference right coal lease application within

11 the Area. Such exchanges shall be made in ac12 cordance with applicable existing laws and regu13 lations relating to coal leases after a determina14 tion has been made by the Secretary that the

15 applicant is entitled to a preference right lease

16 and that the exchange is in the public interest.

17 ‘‘(C) OIL AND GAS LEASES.—Operations

18 on oil and gas leases issued prior to the date of

19 enactment of this paragraph shall be subject to

20 the applicable provisions of Group 3100 of title

21 43, Code of Federal Regulations (including sec22 tion 3162.5–1), and such other terms, stipula23 tions, and conditions as the Secretary of the In24 terior considers necessary to avoid significant

25 disturbance of the land surface or impairment
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1 of the natural, educational, and scientific re2 search values of the Area in existence on the

3 date of enactment of this paragraph.

4 ‘‘(3) GRAZING.—Livestock grazing on lands

5 within the Area may not be permitted.

6 ‘‘(d) INVENTORY.—Not later than 3 full fiscal years

7 after the date of enactment of this subsection, the Sec8 retary of the Interior, acting through the Director of the

9 Bureau of Land Management, shall develop a baseline in10 ventory of all categories of fossil resources within the

11 Area. After the inventory is developed, the Secretary shall

12 conduct monitoring surveys at intervals specified in the

13 management plan developed for the Area in accordance

14 with subsection (e).

15 ‘‘(e) MANAGEMENT PLAN.—

16 ‘‘(1) IN GENERAL.—Not later than 5 years

17 after the date of enactment of this Act, the Sec18 retary of the Interior shall develop and submit to the

19 Committee on Energy and Natural Resources of the

20 Senate and the Committee on Natural Resources of

21 the House of Representatives a management plan

22 that describes the appropriate uses of the Area con23 sistent with this Act.

24 ‘‘(2) CONTENTS.—The management plan shall

25 include—
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1 ‘‘(A) a plan for the implementation of a

2 continuing cooperative program with other

3 agencies and groups for—

4 ‘‘(i) laboratory and field interpreta5 tion; and

6 ‘‘(ii) public education about the re7 sources and values of the Area (including

8 vertebrate fossils);

9 ‘‘(B) provisions for vehicle management

10 that are consistent with the purpose of the Area

11 and that provide for the use of vehicles to the

12 minimum extent necessary to accomplish an in13 dividual scientific project;

14 ‘‘(C) procedures for the excavation and col15 lection of fossil remains, including botanical fos16 sils, and the use of motorized and mechanical

17 equipment to the minimum extent necessary to

18 accomplish an individual scientific project; and

19 ‘‘(D) mitigation and reclamation standards

20 for activities that disturb the surface to the det21 riment of scenic and environmental values.’’.

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