I 

113TH CONGRESS 

1ST SESSION H. R. 995 

To establish a monument in Dona Ana County, New Mexico, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2013 

Mr. PEARCE introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To establish a monument in Dona Ana County, 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 Mountains Na5 tional Monument Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) CITY.—The term ‘‘City’’ means the city of 

9 Las Cruces, New Mexico. 


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1 (2) COUNTY.—The term ‘‘County’’ means Dona 

2 Ana County, New Mexico. 

3 (3) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan developed 

5 pursuant to this Act. 

6 (4) MAP.—The term ‘‘map’’ means the map ti7 tled ‘‘Organ Mountains National Monument’’ and 

8 dated February 6, 2013. 

9 (5) MONUMENT.—The term ‘‘monument’’ 

10 means the national monument established by this 

11 Act. 

12 (6) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, acting through the Di14 rector of the Bureau of Land Management. 

15 (7) STATE DIRECTOR.—The term ‘‘State Direc16 tor’’ means the New Mexico State Director of the 

17 Bureau of Land Management. 

18 (8) STATE.—The term ‘‘State’’ means the State 

19 of New Mexico. 

20 SEC. 3. WATER RIGHTS. 

21 Nothing in this Act shall— 

22 (1) constitute or be construed to constitute ei23 ther an express or implied reservation by the United 

24 States of any water or water rights with respect to 

25 the lands within the monument; or 


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1 (2) affect any water rights existing on the date 

2 of the enactment of this Act, including any water 

3 right held by the United States. 

4 SEC. 4. ESTABLISHMENT OF MONUMENT. 

5 (a) IN GENERAL.—There is established the Organ 

6 Mountains monument in the State. 

7 (b) AREA INCLUDED.—The monument shall consist 

8 of approximately 54,800 acres of public land in Dona Ana 

9 County in the State, as generally depicted on the map. 

10 SEC. 5. PURPOSES. 

11 The purposes of the monument are to conserve, pro12 tect, and enhance the cultural, traditional, archaeological, 

13 natural, ecological, geological, historical, wildlife, livestock, 

14 watershed, educational, recreational, and scenic resources 

15 of the monument for the benefit and enjoyment of present 

16 and future generations. 

17 SEC. 6. MANAGEMENT OF MONUMENT. 

18 (a) IN GENERAL.—The Secretary shall manage the 

19 monument— 

20 (1) in a manner that conserves, protects, and 

21 enhances the resources of the monument; and 

22 (2) in accordance with— 

23 (A) the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

25 (B) this Act; and 


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1 (C) any other applicable laws. 

2 (b) USES.— 

3 (1) IN GENERAL.—The Secretary shall allow 

4 only such uses of the monument that the Secretary 

5 determines would further the purposes described in 

6 section 5. 

7 (2) USE OF MOTORIZED VEHICLES.—Except as 

8 needed for administrative purposes or to respond to 

9 an emergency, the use of motorized vehicles in the 

10 monument shall be permitted only on roads des11 ignated for use by motorized vehicles in the manage12 ment plan. Nothing in this Act precludes the use of 

13 motorized vehicles or mechanical equipment for the 

14 construction or maintenance of range improvements 

15 or the performance of standard ranching operations 

16 or for the construction, maintenance, operation, or 

17 management of flood control or water conservation 

18 systems. 

19 (3) NEW ROADS.—No additional road shall be 

20 built within the monument after the date of the en21 actment of this Act unless the Secretary determines 

22 that the road is necessary for public safety or nat23 ural resource protection. 

24 (c) GRAZING.—The Secretary shall issue any grazing 

25 leases or permits in the monument in accordance with the 


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1 same laws and executive orders that apply to issuance by 

2 the Secretary of grazing leases and permits on other land 

3 under the jurisdiction of the Bureau of Land Manage4 ment. 

5 (d) UTILITY RIGHT-OF-WAYS.—Nothing in this sec6 tion precludes the Secretary from authorizing, renewing 

7 or upgrading (including widening) a utility right-of-way 

8 through the monument in a manner that minimizes harm 

9 to the purposes of the monument in accordance with— 

10 (1) the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.); 

12 (2) any other applicable law; and 

13 (3) such terms and conditions as the Secretary 

14 determines to be appropriate. 

15 SEC. 7. MANAGEMENT PLAN. 

16 (a) IN GENERAL.—Not later than 3 years after the 

17 date of the enactment of this Act, the Secretary shall de18 velop a management plan for the monument. 

19 (b) CONSULTATION.—The management plan shall be 

20 developed in consultation with— 

21 (1) State, tribal, and local governments; 

22 (2) the public; and 

23 (3) interested Federal agencies. 

24 SEC. 8. GENERAL PROVISIONS. 

25 (a) MAP AND LEGAL DESCRIPTION.— 


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

2 the date of the enactment of this Act, the Secretary 

3 shall file the map and legal description of the monu4 ment. 

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

6 description filed under paragraph (1) shall have the 

7 same force and effect as if included in this Act, ex8 cept that the Secretary may correct errors in the 

9 map and legal description. 

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

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

12 and available for public inspection in the appropriate 

13 offices of— 

14 (A) the Bureau of Land Management; and 

15 (B) the Office of the County Clerk of Dona 

16 Ana County, New Mexico. 

17 (4) FISH AND WILDLIFE.—Nothing in this Act 

18 affects the jurisdiction of the State with respect to 

19 fish and wildlife located on public land in the State. 

20 (5) NO BUFFER ZONES.— 

21 (A) IN GENERAL.—There shall be no buff22 er zone around a monument. 

23 (B) ACTIVITIES OUTSIDE THE MONU24 MENT.—The fact that an activity or use of land 

25 is not permitted on land within a monument 


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1 shall not preclude the activity or use outside the 

2 boundary of the monument or on private or 

3 State land within the monument, consistent 

4 with other applicable laws. 

5 (6) WITHDRAWALS.—Subject to valid existing 

6 rights (including lease rights), all Federal land with7 in the monument and any land and interests in land 

8 acquired for the monument by the United States 

9 after the date of the enactment of this Act are with10 drawn from— 

11 (A) all forms of entry, appropriation, or 

12 disposal under 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 SEC. 9. HUNTING AND TRAPPING. 

18 (a) IN GENERAL.—The Secretary shall allow hunting 

19 and trapping in the monument. 

20 (b) LIMITATIONS.— 

21 (1) REGULATIONS.—The Secretary may des22 ignate by regulation areas in the monument in 

23 which, and establish periods during which no hunt24 ing or trapping will be allowed for reasons of public 


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1 safety, administration, or compliance with applicable 

2 laws. 

3 (2) CONSULTATION.—The Secretary shall ob4 tain the concurrence of the appropriate State agency 

5 before promulgating regulations under paragraph 

6 (1) that close a portion of the monument to hunting 

7 or trapping. 

8 SEC. 10. RELEASE OF WILDERNESS STUDY AREA. 

9 For purposes of section 603 of the Federal Land Pol10 icy and Management Act of 1976 (43 U.S.C. 1782), the 

11 Federal land in the following has been adequately studied 

12 for wilderness designation and shall no longer be subject 

13 to section 603(c) of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. 1782(c)): 

15 (1) The Organ Mountains Wilderness Study 

16 Area. 

17 (2) The Organ Needles Wilderness Study Area. 

18 (3) The Pena Blanca Wilderness Study Area. 

19 SEC. 11. LAW ENFORCEMENT. 

20 Nothing in this Act, or regulations issued in further21 ance of this Act, shall prevent Federal, State, or local law 

22 enforcement personnel from having unfettered access to 

23 the entire monument, including the use of motorized vehi24 cles and specialized equipment. 


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1 SEC. 12. NATIONAL LANDSCAPE CONSERVATION SYSTEM. 

2 The monument designated by this Act shall be ad3 ministered as a component of the National Landscape 

4 Conservation System. 

Æ 


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