II 

117TH CONGRESS 

1ST SESSION S. 3129 

To amend the Wild and Scenic Rivers Act to designate certain segments 

of the Gila River system in the State of New Mexico as components 

of the National Wild and Scenic Rivers System, to provide for the 

transfer of administrative jurisdiction over certain Federal land in the 

State of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2021 

Mr. HEINRICH (for himself and Mr. LUJA ́N) introduced the following bill; 

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

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

certain segments of the Gila River system in the State 

of New Mexico as components of the National Wild and 

Scenic Rivers System, to provide for the transfer of 

administrative jurisdiction over certain Federal land 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 ‘‘M.H. Dutch Salmon 

5 Greater Gila Wild and Scenic River Act’’. 


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1 SEC. 2. DESIGNATION OF WILD AND SCENIC RIVERS. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the Greater Gila River watershed and other 

4 rivers in the Gila National Forest are cherished by 

5 the people of the State of New Mexico and visitors 

6 from across the United States for their clean water, 

7 outstanding fish and wildlife habitat, low-cost rec8 reational opportunities for local communities, and 

9 cultural sites; 

10 (2) the Greater Gila River watershed supports 

11 many important economic activities in the region, in12 cluding farming, ranching, hunting, fishing, camp13 ing, backpacking, hiking, wildlife viewing, horseback 

14 riding, and floating; 

15 (3) portions of the Greater Gila River water16 shed and other rivers in the Gila National Forest— 

17 (A) are a national treasure deserving of in18 clusion in the National Wild and Scenic Rivers 

19 System; 

20 (B) possess numerous outstandingly re21 markable values; and 

22 (C) contain segments that merit the high 

23 level of protection provided by the Wild and 

24 Scenic Rivers Act (16 U.S.C. 1271 et seq.) to 

25 maintain the benefits provided by the Greater 

26 Gila River watershed and other rivers in the 


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1 Gila National Forest for future generations of 

2 people in the State of New Mexico to enjoy; and 

3 (4) wild and scenic river designations— 

4 (A) recognize the importance of maintain5 ing the values of the segments; 

6 (B) are compatible with traditional values 

7 and cultural uses important to rural commu8 nities; 

9 (C) provide multiple benefits to the local 

10 community and beyond, including by— 

11 (i) focusing management on river and 

12 river-related resources and values, includ13 ing supporting voluntary management on 

14 adjacent non-Federal land; 

15 (ii) protecting rivers in a manner com16 plementary to the Wilderness Act (16 

17 U.S.C. 1131 et seq.), as contemplated 

18 under section 10(b) of the Wild and Scenic 

19 Rivers Act (16 U.S.C. 1281(b)); 

20 (iii) preserving and enhancing public 

21 access, including for the legal use of off22 highway vehicles, while not opening private 

23 land to public access; 


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1 (iv) preserving and enhancing the pro2 tection of cultural artifacts and Tribal sa3 cred and ceremonial sites; 

4 (v) preserving and enhancing rec5 reational opportunities; 

6 (vi) encouraging and enhancing tradi7 tional uses, such as hunting and fishing; 

8 (vii) better informing the public about 

9 areas in the region with exceptional char10 acteristics and opportunities for unique ex11 periences; 

12 (viii) promoting the outdoor recreation 

13 economy; and 

14 (ix) protecting and enhancing eco15 nomic activity through protecting natural 

16 flows through designated segments; 

17 (D) do not abrogate existing rights, privi18 leges, or contracts, including— 

19 (i) private property rights or restrict 

20 development or use on private land; 

21 (ii) existing water rights, interstate 

22 water compacts, or existing irrigation sys23 tems and other water development or dis24 tribution facilities, including the ability to 

25 maintain the systems and facilities; 


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1 (iii) grazing operations; or 

2 (iv) access for the public to public 

3 land within a designated river corridor; 

4 and 

5 (E) do not open private land to public ac6 cess. 

7 (b) PURPOSE.—The purpose of this section is to pro8 tect for current and future generations of people in the 

9 United States the outstandingly remarkable scenic, nat10 ural, cultural, wildlife, fish, recreational, scientific, his11 toric, cultural, ecological, and other values of certain seg12 ments of the Greater Gila River watershed and other riv13 ers in the Gila National Forest. 

14 (c) DEFINITIONS.—In this section: 

15 (1) COVERED SEGMENT.—The term ‘‘covered 

16 segment’’ means a river segment designated by para17 graph (231) of section 3(a) of the Wild and Scenic 

18 Rivers Act (16 U.S.C. 1274(a)) (as added by sub19 section (d)). 

20 (2) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means— 

22 (A) the Secretary of the Interior, with re23 spect to a covered segment under the jurisdic24 tion of the Secretary of the Interior; and 


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1 (B) the Secretary of Agriculture, with re2 spect to a covered segment under the jurisdic3 tion of the Secretary of Agriculture. 

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

5 of New Mexico. 

6 (d) DESIGNATION OF SEGMENTS.—Section 3(a) of 

7 the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 

8 amended by adding at the end the following: 

9 ‘‘(231) GILA RIVER SYSTEM, NEW MEXICO.— 

10 The following segments of the Gila River system in 

11 Las Animas Creek, Holden Prong, and McKnight 

12 Canyon in the State of New Mexico, to be adminis13 tered by the Secretary concerned (as defined in sec14 tion 2(c) of the M.H. Dutch Salmon Greater Gila 

15 Wild and Scenic River Act) in the following classi16 fications: 

17 ‘‘(A) APACHE CREEK.—The approximately 

18 10.5-mile segment, as generally depicted on the 

19 map entitled ‘Apache Creek’ and dated April 

20 30, 2020, as a wild river. 

21 ‘‘(B) BLACK CANYON CREEK.— 

22 ‘‘(i) The 11.8-mile segment, as gen23 erally depicted on the map entitled ‘Black 

24 Canyon Creek’ and dated April 30, 2020, 

25 as a wild river. 


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1 ‘‘(ii) The 0.6-mile segment, as gen2 erally depicted on the map entitled ‘Black 

3 Canyon Creek’ and dated April 30, 2020, 

4 as a recreational river. 

5 ‘‘(iii) The 1.9-mile segment, as gen6 erally depicted on the map entitled ‘Black 

7 Canyon Creek’ and dated April 30, 2020, 

8 as a recreational river. 

9 ‘‘(iv) The 11-mile segment, as gen10 erally depicted on the map entitled ‘Black 

11 Canyon Creek’ and dated April 30, 2020, 

12 as a wild river. 

13 ‘‘(C) DIAMOND CREEK.— 

14 ‘‘(i) The approximately 13.3-mile seg15 ment, as generally depicted on the map en16 titled ‘Diamond Creek’ and dated March 

17 27, 2020, as a wild river. 

18 ‘‘(ii) The approximately 4.7-mile seg19 ment, as generally depicted on the map en20 titled ‘Diamond Creek’ and dated March 

21 27, 2020, as a wild river. 

22 ‘‘(iii) The approximately 3.1-mile seg23 ment, as generally depicted on the map en24 titled ‘Diamond Creek’ and dated March 

25 27, 2020, as a recreational river. 


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1 ‘‘(iv) The approximately 1.6-mile seg2 ment, as generally depicted on the map en3 titled ‘Diamond Creek’ and dated March 

4 27, 2020, as a recreational river. 

5 ‘‘(v) The approximately 4.1-mile seg6 ment, as generally depicted on the map en7 titled ‘Diamond Creek’ and dated March 

8 27, 2020, as a wild river. 

9 ‘‘(D) SOUTH DIAMOND CREEK.—The ap10 proximately 16.1-mile segment, as generally de11 picted on the map entitled ‘South Diamond 

12 Creek’ and dated March 27, 2020, as a wild 

13 river. 

14 ‘‘(E) GILA RIVER.— 

15 ‘‘(i) The approximately 34.9-mile seg16 ment, as generally depicted on the map en17 titled ‘Gila River’ and dated April 30, 

18 2020, as a wild river. 

19 ‘‘(ii) The approximately 2.5-mile seg20 ment, as generally depicted on the map en21 titled ‘Gila River’ and dated April 30, 

22 2020, as a recreational river. 

23 ‘‘(iii) The approximately 3-mile seg24 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Gila River’ and dated April 30, 

2 2020, as a wild river. 

3 ‘‘(F) GILA RIVER, EAST FORK.—The ap4 proximately 10.3-mile segment, as generally de5 picted on the map entitled ‘East Fork Gila 

6 River’ and dated April 30, 2020, as a wild 

7 river. 

8 ‘‘(G) GILA RIVER, GILA LOWER BOX.— 

9 ‘‘(i) The approximately 3.1-mile seg10 ment, as generally depicted on the map en11 titled ‘Gila River, Gila Lower Box’ and 

12 dated April 21, 2020, as a recreational 

13 river. 

14 ‘‘(ii) The approximately 6.1-mile seg15 ment, as generally depicted on the map en16 titled ‘Gila River, Gila Lower Box’ and 

17 dated April 21, 2020, as a wild river. 

18 ‘‘(H) GILA RIVER, GILA MIDDLE BOX.— 

19 ‘‘(i) The approximately 0.6-mile seg20 ment, as generally depicted on the map en21 titled ‘Gila River, Gila Middle Box’ and 

22 dated April 30, 2020, as a recreational 

23 river. 

24 ‘‘(ii) The approximately 0.4-mile seg25 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Gila River, Gila Middle Box’’ and 

2 dated April 30, 2020, as a recreational 

3 river. 

4 ‘‘(iii) The approximately 0.3-mile seg5 ment, as generally depicted on the map en6 titled ‘Gila River, Gila Middle Box’ and 

7 dated April 30, 2020, as a recreational 

8 river. 

9 ‘‘(iv) The approximately 0.3-mile seg10 ment, as generally depicted on the map en11 titled ‘Gila River, Gila Middle Box’ and 

12 dated April 30, 2020, as a recreational 

13 river. 

14 ‘‘(v) The approximately 1.6-mile seg15 ment, as generally depicted on the map en16 titled ‘Gila River, Gila Middle Box’ and 

17 dated April 30, 2020, as a recreational 

18 river. 

19 ‘‘(vi) The approximately 9.8-mile seg20 ment, as generally depicted on the map en21 titled ‘Gila River, Gila Middle Box’ and 

22 dated April 30, 2020, as a wild river. 

23 ‘‘(I) GILA RIVER, MIDDLE FORK.— 

24 ‘‘(i) The approximately 1.2-mile seg25 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Middle Fork Gila River’ and dated 

2 May 1, 2020, as a recreational river. 

3 ‘‘(ii) The approximately 35.5-mile seg4 ment, as generally depicted on the map en5 titled ‘Middle Fork Gila River’ and dated 

6 May 1, 2020, as a wild river. 

7 ‘‘(J) GILA RIVER, WEST FORK.— 

8 ‘‘(i) The approximately 30.6-mile seg9 ment, as generally depicted on the map en10 titled ‘West Fork Gila River’ and dated 

11 May 1, 2020, as a wild river. 

12 ‘‘(ii) The approximately 4-mile seg13 ment, as generally depicted on the map en14 titled ‘West Fork Gila River’ and dated 

15 May 1, 2020, as a recreational river. 

16 ‘‘(K) GILITA CREEK.— The approximately 

17 6.4-mile segment, as generally depicted on the 

18 map entitled ‘Gilita Creek’ and dated March 4, 

19 2020, as a wild river. 

20 ‘‘(L) HOLDEN PRONG.— The approxi21 mately 7.3-mile segment, as generally depicted 

22 on the map entitled ‘Holden Prong’ and dated 

23 March 27, 2020, as a wild river. 

24 ‘‘(M) INDIAN CREEK.— 


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1 ‘‘(i) The approximately 5-mile seg2 ment, as generally depicted on the map en3 titled ‘Indian Creek’ and dated March 27, 

4 2020, as a recreational river. 

5 ‘‘(ii) The approximately 9.5-mile seg6 ment, as generally depicted on the map en7 titled ‘Indian Creek’ and dated March 27, 

8 2020, as a wild river. 

9 ‘‘(N) IRON CREEK.—The approximately 

10 13.2-mile segment, as generally depicted on the 

11 map entitled ‘Iron Creek’ and dated March 4, 

12 2020, as a wild river. 

13 ‘‘(O) LAS ANIMAS CREEK.— 

14 ‘‘(i) The approximately 5.3-mile seg15 ment, as generally depicted on the map en16 titled ‘Las Animas Creek’ and dated 

17 March 27, 2020, as a wild river. 

18 ‘‘(ii) The approximately 2.3-mile seg19 ment, as generally depicted on the map en20 titled ‘Las Animas Creek’ and dated 

21 March 27, 2020, as a scenic river. 

22 ‘‘(P) LITTLE CREEK.— 

23 ‘‘(i) The approximately 0.3-mile seg24 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Little Creek’ and dated May 1, 

2 2020, as a recreational river. 

3 ‘‘(ii) The approximately 18.3-mile seg4 ment, as generally depicted on the map en5 titled ‘Little Creek’ and dated May 1, 

6 2020, as a wild river. 

7 ‘‘(Q) MCKNIGHT CANYON.—The approxi8 mately 10.3-mile segment, as generally depicted 

9 on the map entitled ‘McKnight Canyon’ and 

10 dated March 4, 2020, as a wild river. 

11 ‘‘(R) MINERAL CREEK.— 

12 ‘‘(i) The approximately 8.3-mile seg13 ment, as generally depicted on the map en14 titled ‘Mineral Creek’ and dated March 27, 

15 2020, as a wild river. 

16 ‘‘(ii) The approximately 0.5-mile seg17 ment, as generally depicted on the map en18 titled ‘Mineral Creek’ and dated March 27, 

19 2020, as a recreational river. 

20 ‘‘(iii) The approximately 0.5-mile seg21 ment, as generally depicted on the map en22 titled ‘Mineral Creek’ and dated March 27, 

23 2020, as a recreational river. 

24 ‘‘(iv) The approximately 0.1-mile seg25 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Mineral Creek’ and dated March 27, 

2 2020, as a recreational river. 

3 ‘‘(v) The approximately 0.03-mile seg4 ment, as generally depicted on the map en5 titled ‘Mineral Creek’ and dated March 27, 

6 2020, as a recreational river. 

7 ‘‘(vi) The approximately 0.02-mile 

8 segment, as generally depicted on the map 

9 entitled ‘Mineral Creek’ and dated March 

10 27, 2020, as a recreational river. 

11 ‘‘(vii) The approximately 0.6-mile seg12 ment, as generally depicted on the map en13 titled ‘Mineral Creek’ and dated March 27, 

14 2020, as a recreational river. 

15 ‘‘(viii) The approximately 0.1-mile 

16 segment, as generally depicted on the map 

17 entitled ‘Mineral Creek’ and dated March 

18 27, 2020, as a recreational river. 

19 ‘‘(ix) The approximately 0.03-mile 

20 segment, as generally depicted on the map 

21 entitled ‘Mineral Creek’ and dated March 

22 27, 2020, as a recreational river. 

23 ‘‘(x) The approximately 0.7-mile seg24 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Mineral Creek’ and dated March 27, 

2 2020, as a recreational river. 

3 ‘‘(S) MOGOLLON CREEK.— The approxi4 mately 15.8-mile segment, as generally depicted 

5 on the map entitled ‘Mogollon Creek’ and dated 

6 April 2, 2020, as a wild river. 

7 ‘‘(T) WEST FORK MOGOLLON CREEK.— 

8 The approximately 8.5-mile segment, as gen9 erally depicted on the map entitled ‘West Fork 

10 Mogollon Creek’ and dated March 4, 2020, as 

11 a wild river. 

12 ‘‘(U) MULE CREEK.—The approximately 

13 4.3-mile segment, as generally depicted on the 

14 map entitled ‘Mule Creek’ and dated March 4, 

15 2020, as a wild river. 

16 ‘‘(V) SAN FRANCISCO RIVER, DEVIL’S

17 CREEK.— 

18 ‘‘(i) The approximately 1.8-mile seg19 ment, as generally depicted on the map en20 titled ‘M.H. Dutch Salmon Greater Gila 

21 Wild and Scenic Rivers Act Discussion 

22 Draft’ and dated October 29, 2021, as a 

23 scenic river. 

24 ‘‘(ii) The approximately 6.4-mile seg25 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘M.H. Dutch Salmon Greater Gila 

2 Wild and Scenic Rivers Act Discussion 

3 Draft’ and dated October 29, 2021, as a 

4 scenic river. 

5 ‘‘(iii) The approximately 6.1-mile seg6 ment, as generally depicted on the map en7 titled ‘M.H. Dutch Salmon Greater Gila 

8 Wild and Scenic Rivers Act Discussion 

9 Draft’ and dated October 29, 2021, as a 

10 scenic river. 

11 ‘‘(iv) The approximately 1.2-mile seg12 ment, as generally depicted on the map en13 titled ‘San Francisco River, Devil’s Creek’ 

14 and dated March 27, 2020, as a rec15 reational river. 

16 ‘‘(v) The approximately 5.9-mile seg17 ment, as generally depicted on the map en18 titled ‘San Francisco River, Devil’s Creek’ 

19 and dated March 27, 2020, as a rec20 reational river. 

21 ‘‘(W) SAN FRANCISCO RIVER, LOWER SAN

22 FRANCISCO RIVER CANYON.— 

23 ‘‘(i) The approximately 1.8-mile seg24 ment, as generally depicted on the map en25 titled ‘San Francisco River, Lower San 


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1 Francisco River Canyon’ and dated March 

2 27, 2020, as a wild river. 

3 ‘‘(ii) The approximately 0.6-mile seg4 ment, as generally depicted on the map en5 titled ‘San Francisco River, Lower San 

6 Francisco River Canyon’ and dated March 

7 27, 2020, as a recreational river. 

8 ‘‘(iii) The approximately 14.6-mile 

9 segment, as generally depicted on the map 

10 entitled ‘San Francisco River, Lower San 

11 Francisco River Canyon’ and dated March 

12 27, 2020, as a wild river. 

13 ‘‘(X) SAN FRANCISCO RIVER, UPPER FRIS14 CO BOX.—The approximately 6-mile segment, 

15 as generally depicted on the map entitled ‘San 

16 Francisco River, Upper Frisco Box’ and dated 

17 March 4, 2020, as a wild river. 

18 ‘‘(Y) SAPILLO CREEK.—The approximately 

19 7.2-mile segment, as generally depicted on the 

20 map entitled ‘Sapillo Creek’ and dated March 

21 27, 2020, as a wild river. 

22 ‘‘(Z) SPRUCE CREEK.—The approximately 

23 3.7-mile segment, as generally depicted on the 

24 map entitled ‘Spruce Creek’ and dated March 

25 4, 2020, as a wild river. 


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1 ‘‘(AA) TAYLOR CREEK.— 

2 ‘‘(i) The approximately 0.4-mile seg3 ment, as generally depicted on the map en4 titled ‘Taylor Creek’ and dated April 30, 

5 2020, as a scenic river. 

6 ‘‘(ii) The approximately 6.1-mile seg7 ment, as generally depicted on the map en8 titled ‘Taylor Creek’ and dated April 30, 

9 2020, as a wild river. 

10 ‘‘(iii) The approximately 6.7-mile seg11 ment, as generally depicted on the map en12 titled ‘Taylor Creek’ and dated April 30, 

13 2020, as a wild river. 

14 ‘‘(BB) TURKEY CREEK.—The approxi15 mately 17.1-mile segment, as generally depicted 

16 on the map entitled ‘Turkey Creek’ and dated 

17 April 30, 2020, as a wild river. 

18 ‘‘(CC) WHITEWATER CREEK.— 

19 ‘‘(i) The approximately 13.5-mile seg20 ment, as generally depicted on the map en21 titled ‘Whitewater Creek’ and dated March 

22 27, 2020, as a wild river. 

23 ‘‘(ii) The approximately 1.1-mile seg24 ment, as generally depicted on the map enVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 titled ‘Whitewater Creek’ and dated March 

2 27, 2020, as a recreational river. 

3 ‘‘(DD) WILLOW CREEK.— 

4 ‘‘(i) The approximately 3-mile seg5 ment, as generally depicted on the map en6 titled ‘Willow Creek’ and dated April 30, 

7 2020, as a recreational river. 

8 ‘‘(ii) The approximately 2.9-mile seg9 ment, as generally depicted on the map en10 titled ‘Willow Creek’ and dated April 30, 

11 2020, as a recreational river.’’. 

12 (e) WITHDRAWAL.—Subject to valid existing rights, 

13 all Federal land within the boundary of a covered segment 

14 is withdrawn from all forms of— 

15 (1) entry, appropriation, or disposal under the 

16 public land laws; 

17 (2) location, entry, and patent under the mining 

18 laws; and 

19 (3) disposition under all laws pertaining to min20 eral and geothermal leasing or mineral materials. 

21 (f) MAPS; LEGAL DESCRIPTIONS.— 

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

23 the date of enactment of this Act, the Secretary con24 cerned shall prepare maps and legal descriptions of 

25 the covered segments. 


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1 (2) FORCE OF LAW.—The maps and legal de2 scriptions prepared under paragraph (1) shall have 

3 the same force and effect as if included in this sec4 tion, except that the Secretary concerned may cor5 rect minor errors in the maps and legal descriptions. 

6 (3) AVAILABILITY.—The map and legal descrip7 tion prepared under paragraph (1) shall be on file 

8 and available for public inspection in the appropriate 

9 offices of the Forest Service, the Bureau of Land 

10 Management, and the National Park Service. 

11 (g) COMPREHENSIVE RIVER MANAGEMENT PLAN.— 

12 The Secretary concerned shall prepare the comprehensive 

13 management plan for the covered segments pursuant to 

14 section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 

15 1274(d)) after consulting with Tribal governments, appli16 cable political subdivisions of the State, and interested 

17 members of the public. 

18 (h) INCORPORATION OF ACQUIRED LAND AND IN19 TERESTS IN LAND.—If the United States acquires any 

20 non-Federal land within or adjacent to a covered segment, 

21 the acquired land shall be incorporated in, and be adminis22 tered as part of, the applicable covered segment. 

23 (i) EFFECT OF SECTION.— 

24 (1) EFFECT ON RIGHTS.—In accordance with 

25 section 12(b) of the Wild and Scenic Rivers Act (16 


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1 U.S.C. 1283(b)), nothing in this section or an 

2 amendment made by this section abrogates any ex3 isting rights of, privilege of, or contract held by any 

4 person, including any right, privilege, or contract 

5 that affects Federal land or private land, without 

6 the consent of the person, including— 

7 (A) grazing permits or leases; 

8 (B) existing water rights, including the ju9 risdiction of the State in administering water 

10 rights; 

11 (C) existing points of diversion, including 

12 appropriate maintenance, repair, or replace13 ment; 

14 (D) existing water distribution infrastruc15 ture, including appropriate maintenance, repair, 

16 or replacement; and 

17 (E) valid existing rights for mining and 

18 mineral leases. 

19 (2) CONDEMNATION.—No land or interest in 

20 land shall be acquired under this section or an 

21 amendment made by this section without the consent 

22 of the owner. 

23 (3) RELATIONSHIP TO OTHER LAW.—Nothing 

24 in this section amends or otherwise affects the AriVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 zona Water Settlements Act (Public Law 108–451; 

2 118 Stat. 3478). 

3 (4) SPECIES RECOVERY.— 

4 (A) IN GENERAL.—Notwithstanding sec5 tion 7 of the Wild and Scenic Rivers Act (16 

6 U.S.C. 1278) and subject to subparagraphs (B) 

7 and (C), the Secretary concerned may authorize 

8 the construction, maintenance, or replacement 

9 of 1 or more fish barriers or other projects with 

10 respect to a covered segment if the Secretary 

11 concerned determines that the fish barrier or 

12 other project— 

13 (i) is necessary for the recovery of a 

14 species that is— 

15 (I) listed as endangered or 

16 threatened under the Endangered 

17 Species Act of 1973 (16 U.S.C. 1531 

18 et seq.); and 

19 (II) identified as an outstand20 ingly remarkable value of the covered 

21 segment in accordance with the Wild 

22 and Scenic Rivers Act (16 U.S.C. 

23 1271 et seq.); and 

24 (ii) is included in the applicable spe25 cies recovery plan prepared under section 4 


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1 of the Endangered Species Act of 1973 (16 

2 U.S.C. 1533). 

3 (B) REVIEW REQUIRED.—A project au4 thorized under subparagraph (A) shall be re5 viewed in accordance with section 7 of the Wild 

6 and Scenic Rivers Act (16 U.S.C. 1278), but a 

7 finding that the project does not meet the appli8 cable evaluation standard under that section 

9 shall not, of itself, preclude the project from 

10 being carried out. 

11 (C) IMPACTS MINIMIZED.—For any project 

12 authorized under subparagraph (A), the Sec13 retary concerned shall ensure that any impacts 

14 to the free-flowing characteristics of the river 

15 and other outstandingly remarkable river and 

16 scenic values are minimized to the maximum 

17 extent the Secretary concerned determines to be 

18 practicable, consistent with the natural appear19 ance and accessibility of the covered segment as 

20 in existence on the date of enactment of this 

21 Act. 

22 (D) ASSISTANCE.—Nothing in this para23 graph prohibits a Federal agency from assisting 

24 with a loan, grant, or permit, or providing any 


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1 other form of assistance, for a project author2 ized under subparagraph (A). 

3 (5) STATE LAND JURISDICTION.—Nothing in 

4 this section or an amendment made by this section 

5 affects the jurisdiction of land under the jurisdiction 

6 of the State, including land under the jurisdiction of 

7 the New Mexico State Land Office and the New 

8 Mexico Department of Game and Fish. 

9 (6) FISH AND WILDLIFE.—Nothing in this sec10 tion or an amendment made by this section affects 

11 the jurisdiction of the State with respect to fish and 

12 wildlife in the State. 

13 (7) TREATY RIGHTS.—Nothing in this section 

14 or an amendment made by this section alters, modi15 fies, diminishes, or extinguishes the reserved treaty 

16 rights of any Indian Tribe with respect to hunting, 

17 fishing, gathering, and cultural or religious rights in 

18 the vicinity of a covered segment as protected by a 

19 treaty. 

20 SEC. 3. MODIFICATION OF BOUNDARIES OF GILA CLIFF 

21 DWELLINGS NATIONAL MONUMENT AND GILA 

22 NATIONAL FOREST. 

23 (a) TRANSFER OF ADMINISTRATIVE JURISDIC24 TION.— 


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1 (1) IN GENERAL.—Administrative jurisdiction 

2 over the land described in paragraph (2) is trans3 ferred from the Secretary of Agriculture to the Sec4 retary of the Interior. 

5 (2) DESCRIPTION OF LAND.—The land referred 

6 to in paragraph (1) is the approximately 440 acres 

7 of land identified as ‘‘Transfer from USDA Forest 

8 Service to National Park Service’’ on the map enti9 tled ‘‘Gila Cliff Dwellings National Monument Pro10 posed Boundary Adjustment’’ and dated March 

11 2020. 

12 (b) BOUNDARY MODIFICATIONS.— 

13 (1) GILA CLIFF DWELLINGS NATIONAL MONU14 MENT.— 

15 (A) IN GENERAL.—The boundary of the 

16 Gila Cliff Dwellings National Monument is re17 vised to incorporate the land transferred to the 

18 Secretary of the Interior under subsection 

19 (a)(1). 

20 (B) MAP.— 

21 (i) IN GENERAL.—The Secretary of 

22 the Interior shall prepare and keep on file 

23 for public inspection in the appropriate of24 fice of the National Park Service a map 

25 and a legal description of the revised 


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•S 3129 IS

1 boundary of the Gila Cliff Dwellings Na2 tional Monument. 

3 (ii) EFFECT.—The map and legal de4 scription under clause (i) shall have the 

5 same force and effect as if included in this 

6 section, except that the Secretary of the 

7 Interior may correct minor errors in the 

8 map and legal description. 

9 (2) GILA NATIONAL FOREST.— 

10 (A) IN GENERAL.—The boundary of the 

11 Gila National Forest is modified to exclude the 

12 land transferred to the Secretary of the Interior 

13 under subsection (a)(1). 

14 (B) MAP.— 

15 (i) IN GENERAL.—The Secretary of 

16 Agriculture shall prepare and keep on file 

17 for public inspection in the appropriate of18 fice of the Forest Service a map and a 

19 legal description of the revised boundary of 

20 the Gila National Forest. 

21 (ii) EFFECT.—The map and legal de22 scription under clause (i) shall have the 

23 same force and effect as if included in this 

24 section, except that the Secretary of AgriVerDate Sep 11 2014 00:48 Nov 03, 2021 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3129.IS S3129

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1 culture may correct minor errors in the 

2 map and legal description. 

Æ 


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