II 

Calendar No. 275 

112TH CONGRESS 

2D SESSION S. 667 

[Report No. 112–113] 

To establish the Rı ́o Grande del Norte National Conservation Area in the 

State of New Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 29, 2011 

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 

JANUARY 13, 2012 

Reported under authority of the order of the Senate of December 17, 2011, 

by Mr. BINGAMAN, without amendment 

A BILL 

To establish the Rı ́o Grande del Norte National Conservation 

Area 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 ‘‘Rı ́o Grande del Norte 

5 National Conservation Area Establishment Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the Rı ́o Grande del Norte 

5 National Conservation Area established by section 

6 3(a)(1). 

7 (2) LAND GRANT COMMUNITY.—The term 

8 ‘‘land grant community’’ means a member of the 

9 Board of Trustees of confirmed and nonconfirmed 

10 community land grants within the Conservation 

11 Area. 

12 (3) MANAGEMENT PLAN.—The term ‘‘manage13 ment plan’’ means the management plan for the 

14 Conservation Area developed under section 3(d). 

15 (4) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘Rı ́o Grande del Norte National Conservation 

17 Area’’ and dated November 4, 2009. 

18 (5) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 (6) STATE.—The term ‘‘State’’ means the State 

21 of New Mexico. 

22 SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION 

23 AREA. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There is established the Rı ́o 

2 Grande del Norte National Conservation Area in the 

3 State. 

4 (2) AREA INCLUDED.—The Conservation Area 

5 shall consist of approximately 235,980 acres of pub6 lic land in Taos and Rı ́o Arriba counties in the 

7 State, as generally depicted on the map. 

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

9 Area are to conserve, protect, and enhance for the benefit 

10 and enjoyment of present and future generations the cul11 tural, archaeological, natural, ecological, geological, histor12 ical, wildlife, educational, recreational, and scenic re13 sources of the Conservation Area. 

14 (c) MANAGEMENT.— 

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

16 the Conservation Area— 

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

18 and enhances the resources of the Conservation 

19 Area; and 

20 (B) in accordance with— 

21 (i) the Federal Land Policy and Man22 agement Act of 1976 (43 U.S.C. 1701 et 

23 seq.); 

24 (ii) this Act; and 

25 (iii) any other applicable laws. 


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1 (2) USES.— 

2 (A) IN GENERAL.—The Secretary shall 

3 allow only such uses of the Conservation Area 

4 that the Secretary determines would further the 

5 purposes described in subsection (b). 

6 (B) USE OF MOTORIZED VEHICLES.— 

7 (i) IN GENERAL.—Except as needed 

8 for administrative purposes or to respond 

9 to an emergency, the use of motorized ve10 hicles in the Conservation Area shall be 

11 permitted only on roads designated for use 

12 by motorized vehicles in the management 

13 plan. 

14 (ii) NEW ROADS.—No additional road 

15 shall be built within the Conservation Area 

16 after the date of enactment of this Act un17 less the road is needed for public safety or 

18 natural resource protection. 

19 (C) GRAZING.—The Secretary shall permit 

20 grazing within the Conservation Area, where es21 tablished before the date of enactment of this 

22 Act— 

23 (i) subject to all applicable laws (in24 cluding regulations) and Executive orders; 

25 and 


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1 (ii) consistent with the purposes de2 scribed in subsection (b). 

3 (D) COLLECTION OF PIN ̃ON NUTS AND

4 FIREWOOD.—Nothing in this section precludes 

5 the traditional collection of firewood and pin ̃on 

6 nuts for noncommercial personal use within the 

7 Conservation Area— 

8 (i) in accordance with any applicable 

9 laws; and 

10 (ii) subject to such terms and condi11 tions as the Secretary determines to be ap12 propriate. 

13 (E) UTILITY RIGHT-OF-WAY UPGRADES.— 

14 Nothing in this section precludes the Secretary 

15 from renewing or authorizing the upgrading 

16 (including widening) of an existing utility right17 of-way through the Conservation Area in a 

18 manner that minimizes harm to the purposes of 

19 the Conservation Area described in subsection 

20 (b)— 

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 (F) TRIBAL CULTURAL USES.— 

5 (i) ACCESS.—The Secretary shall, in 

6 consultation with Indian tribes or pueb7 los— 

8 (I) ensure the protection of reli9 gious and cultural sites in the Con10 servation Area; and 

11 (II) provide access to the sites by 

12 members of Indian tribes or pueblos 

13 for traditional cultural and customary 

14 uses, consistent with Public Law 95– 

15 341 (commonly known as the ‘‘Amer16 ican Indian Religious Freedom Act’’) 

17 (42 U.S.C. 1996). 

18 (ii) TEMPORARY CLOSURES.—In ac19 cordance with Public Law 95–341 (com20 monly known as the ‘‘American Indian Re21 ligious Freedom Act’’) (42 U.S.C. 1996), 

22 the Secretary, on request of an Indian 

23 tribe or pueblo, may temporarily close to 

24 general public use 1 or more specific areas 

25 of the Conservation Area in order to proVerDate Mar 15 2010 23:13 Jan 13, 2012 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S667.RS S667

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1 tect traditional cultural and customary 

2 uses in those areas by members of the In3 dian tribe or the pueblo. 

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 the Conserva8 tion Area. 

9 (2) OTHER PLANS.—To the extent consistent 

10 with this Act, the plan may incorporate in the man11 agement plan the Rı ́o Grande Corridor Management 

12 Plan in effect on the date of enactment of this Act. 

13 (3) CONSULTATION.—The management plan 

14 shall be developed in consultation with— 

15 (A) State and local governments; 

16 (B) tribal governmental entities; 

17 (C) land grant communities; and 

18 (D) the public. 

19 (4) CONSIDERATIONS.—In preparing and imple20 menting the management plan, the Secretary shall 

21 consider the recommendations of Indian tribes and 

22 pueblos on methods for— 

23 (A) ensuring access to religious and cul24 tural sites; 


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1 (B) enhancing the privacy and continuity 

2 of traditional cultural and religious activities in 

3 the Conservation Area; and 

4 (C) protecting traditional cultural and reli5 gious sites in the Conservation Area. 

6 (e) INCORPORATION OF ACQUIRED LAND AND INTER7 ESTS IN LAND.—Any land that is within the boundary of 

8 the Conservation Area that is acquired by the United 

9 States shall— 

10 (1) become part of the Conservation Area; and 

11 (2) be managed in accordance with— 

12 (A) this Act; and 

13 (B) any other applicable laws. 

14 (f) SPECIAL MANAGEMENT AREAS.— 

15 (1) IN GENERAL.—The establishment of the 

16 Conservation Area shall not change the management 

17 status of any area within the boundary of the Con18 servation Area that is— 

19 (A) designated as a component of the Na20 tional Wild and Scenic Rivers System under the 

21 Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

22 seq.); or 

23 (B) managed as an area of critical environ24 mental concern. 


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1 (2) CONFLICT OF LAWS.—If there is a conflict 

2 between the laws applicable to the areas described in 

3 paragraph (1) and this Act, the more restrictive pro4 vision shall control. 

5 SEC. 4. DESIGNATION OF WILDERNESS AREAS. 

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

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

8 Conservation Area are designated as wilderness and as 

9 components of the National Wilderness Preservation Sys10 tem: 

11 (1) CERRO DEL YUTA WILDERNESS.—Certain 

12 land administered by the Bureau of Land Manage13 ment in Taos County, New Mexico, comprising ap14 proximately 13,420 acres as generally depicted on 

15 the map, which shall be known as the ‘‘Cerro del 

16 Yuta Wilderness’’. 

17 (2) R ́IO SAN ANTONIO WILDERNESS.—Certain 

18 land administered by the Bureau of Land Manage19 ment in Rı ́o Arriba County, New Mexico, comprising 

20 approximately 8,000 acres, as generally depicted on 

21 the map, which shall be known as the ‘‘Rı ́o San An22 tonio Wilderness’’. 

23 (b) MANAGEMENT OF WILDERNESS AREAS.—Subject 

24 to valid existing rights, the wilderness areas designated 

25 by subsection (a) shall be administered in accordance with 


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1 the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, 

2 except that with respect to the wilderness areas designated 

3 by this Act— 

4 (1) any reference to the effective date of the 

5 Wilderness Act shall be considered to be a reference 

6 to the date of enactment of this Act; and 

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

8 Secretary of Agriculture shall be considered to be a 

9 reference to the Secretary. 

10 (c) INCORPORATION OF ACQUIRED LAND AND INTER11 ESTS IN LAND.—Any land or interest in land within the 

12 boundary of the wilderness areas designated by subsection 

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

14 (1) become part of the wilderness area in which 

15 the land is located; and 

16 (2) be managed in accordance with— 

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

18 seq.); 

19 (B) this Act; and 

20 (C) any other applicable laws. 

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

22 areas designated by subsection (a), where established be23 fore the date of enactment of this Act, shall be adminis24 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) BUFFER ZONES.— 

8 (1) IN GENERAL.—Nothing in this section cre9 ates a protective perimeter or buffer zone around 

10 any wilderness area designated by subsection (a). 

11 (2) ACTIVITIES OUTSIDE WILDERNESS

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

13 outside any wilderness area designated by subsection 

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

15 shall not preclude the activity or use outside the 

16 boundary of the wilderness area. 

17 (f) RELEASE OF WILDERNESS STUDY AREAS.—Con18 gress finds that, for purposes of section 603(c) of the Fed19 eral Land Policy and Management Act of 1976 (43 U.S.C. 

20 1782(c)), the public land within the San Antonio Wilder21 ness Study Area not designated as wilderness by this sec22 tion— 

23 (1) has been adequately studied for wilderness 

24 designation; 


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

2 Federal Land Policy and Management Act of 1976 

3 (43 U.S.C. 1782(c)); and 

4 (3) shall be managed in accordance with this 

5 Act. 

6 SEC. 5. GENERAL PROVISIONS. 

7 (a) MAPS AND LEGAL DESCRIPTIONS.— 

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

9 the date of enactment of this Act, the Secretary 

10 shall file the map and legal descriptions of the Con11 servation Area and the wilderness areas designated 

12 by section 4(a) with— 

13 (A) the Committee on Energy and Natural 

14 Resources of the Senate; and 

15 (B) the Committee on Natural Resources 

16 of the House of Representatives. 

17 (2) FORCE OF LAW.—The map and legal de18 scriptions filed under paragraph (1) shall have the 

19 same force and effect as if included in this Act, ex20 cept that the Secretary may correct errors in the 

21 legal description and map. 

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

23 descriptions filed under paragraph (1) shall be on 

24 file and available for public inspection in the appro25 priate offices of the Bureau of Land Management. 


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

3 designated by section 4(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 establishing periods when, hunting shall not be al11 lowed for reasons of public safety, administration, or pub12 lic use and enjoyment. 

13 (d) WITHDRAWALS.—Subject to valid existing rights, 

14 any Federal land within the Conservation Area and the 

15 wilderness areas designated by section 4(a), including any 

16 land or interest in land that is acquired by the United 

17 States after the date of enactment of this Act, is with18 drawn from— 

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

20 public land laws; 

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

22 laws; and 

23 (3) operation of the mineral leasing, mineral 

24 materials, and geothermal leasing laws. 


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1 (e) TREATY RIGHTS.—Nothing in this Act enlarges, 

2 diminishes, or otherwise modifies any treaty rights. 

3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this Act. 


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Calendar No. 275 

112TH CONGRESS 

2D SESSION S. 667 

[Report No. 112–113] 

A BILL 

To establish the Rı ́o Grande del Norte National 

and for other purposes. Conservation Area in the State of New Mexico, 

JANUARY 13, 2012 

Reported without amendment 


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