I 

111TH CONGRESS 

2D SESSION H. R. 5334 

To establish the Rio Grande del Norte National Conservation Area in the 

State of New Mexico, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2010 

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

which was referred to the Committee on Natural Resources 

A BILL 

To establish the Rio 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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CONSERVATION AREA.—The term ‘‘Con9 servation Area’’ means the Rı ́o Grande del Norte 


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1 National Conservation Area established by section 

2 3(a)(1). 

3 (2) LAND GRANT COMMUNITY.—The term 

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

5 Board of Trustees of confirmed or nonconfirmed 

6 community land grants within the Conservation 

7 Area. 

8 (3) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the 

10 Conservation Area developed under section 3(d). 

11 (4) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Rı ́o Grande del Norte National Conservation 

13 Area’’ and dated November 4, 2009. 

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

15 the Secretary of the Interior. 

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

17 of New Mexico. 

18 SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION 

19 AREA. 

20 (a) ESTABLISHMENT.— 

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

22 Grande del Norte National Conservation Area in the 

23 State. 

24 (2) AREA INCLUDED.—The Conservation Area 

25 shall consist of approximately 235,980 acres of pubVerDate Mar 15 2010 06:22 May 19, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5334.IH H5334

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1 lic land in Taos and Rı ́o Arriba counties in the 

2 State, as generally depicted on the map. 

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

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

5 and enjoyment of present and future generations the cul6 tural, traditional, archaeological, natural, ecological, geo7 logical, historical, wildlife, educational, recreational, and 

8 scenic resources of the Conservation Area. 

9 (c) MANAGEMENT.— 

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

11 the Conservation Area— 

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

13 and enhances the resources of the Conservation 

14 Area; and 

15 (B) in accordance with— 

16 (i) the Federal Land Policy and Man17 agement Act of 1976 (43 U.S.C. 1701 et 

18 seq.); 

19 (ii) this Act; and 

20 (iii) any other applicable laws. 

21 (2) USES.— 

22 (A) IN GENERAL.—The Secretary shall 

23 allow only such uses of the Conservation Area 

24 that the Secretary determines would further the 

25 purposes described in subsection (b). 


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1 (B) USE OF MOTORIZED VEHICLES.— 

2 (i) IN GENERAL.—Except as needed 

3 for administrative purposes or to respond 

4 to an emergency, the use of motorized ve5 hicles in the Conservation Area shall be 

6 permitted only on roads designated for use 

7 by motorized vehicles in the management 

8 plan. 

9 (ii) NEW ROADS.—No additional road 

10 shall be built within the Conservation Area 

11 after the date of enactment of this Act un12 less the road is needed for public safety or 

13 natural resource protection. 

14 (C) GRAZING.—The Secretary shall permit 

15 grazing within the Conservation Area, where es16 tablished before the date of enactment of this 

17 Act— 

18 (i) subject to all applicable laws (in19 cluding regulations) and Executive orders; 

20 and 

21 (ii) consistent with the purposes de22 scribed in subsection (b). 

23 (D) COLLECTION OF PIN ̃ON NUTS, FIRE24 WOOD, MEDICINAL PLANTS AND HERBS.—Noth25 ing in this section precludes the traditional colVerDate Mar 15 2010 06:22 May 19, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5334.IH H5334

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1 lection of firewood, medicinal plants and herbs, 

2 and pin ̃on nuts in the Conservation Area for 

3 noncommercial personal use— 

4 (i) in accordance with any applicable 

5 laws; and 

6 (ii) subject to such terms and condi7 tions as the Secretary determines to be ap8 propriate. 

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

10 Nothing in this section precludes the Secretary 

11 from renewing or authorizing the upgrading 

12 (including widening) of an existing utility right13 of-way through the Conservation Area in a 

14 manner that minimizes harm to the purposes of 

15 the Conservation Area described in subsection 

16 (b)— 

17 (i) in accordance with— 

18 (I) the National Environmental 

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

20 et seq.); and 

21 (II) any other applicable law; and 

22 (ii) subject to such terms and condi23 tions as the Secretary determines to be ap24 propriate. 

25 (F) TRIBAL CULTURAL USES.— 


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

2 consultation with Indian tribes or pueb3 los— 

4 (I) ensure the protection of reli5 gious and cultural sites in the Con6 servation Area; and 

7 (II) provide access to the sites by 

8 members of Indian tribes or pueblos 

9 for traditional cultural and customary 

10 uses, consistent with Public Law 95– 

11 341 (commonly known as the ‘‘Amer12 ican Indian Religious Freedom Act’’) 

13 (42 U.S.C. 1996). 

14 (ii) TEMPORARY CLOSURES.—In ac15 cordance with Public Law 95–341 (com16 monly known as the ‘‘American Indian Re17 ligious Freedom Act’’) (42 U.S.C. 1996), 

18 the Secretary, on request of an Indian 

19 tribe or pueblo, may temporarily close to 

20 general public use 1 or more specific areas 

21 of the Conservation Area in order to pro22 tect traditional cultural and customary 

23 uses in those areas by members of the In24 dian tribe or the pueblo. 

25 (d) MANAGEMENT PLAN.— 


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

2 the date of enactment of this Act, the Secretary 

3 shall develop a management plan for the Conserva4 tion Area. 

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

6 with this Act, the plan may incorporate in the man7 agement plan the Rı ́o Grande Corridor Management 

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

9 (3) CONSULTATION.—The management plan 

10 shall be developed in consultation with— 

11 (A) State and local governments; 

12 (B) tribal governmental entities; 

13 (C) land grant communities; and 

14 (D) the public. 

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

17 consider the recommendations of Indian tribes and 

18 pueblos on methods for— 

19 (A) ensuring access to religious and cul20 tural sites; 

21 (B) enhancing the privacy and continuity 

22 of traditional cultural and religious activities in 

23 the Conservation Area; and 

24 (C) protecting traditional cultural and reli25 gious sites in the Conservation Area. 


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1 (e) INCORPORATION OF ACQUIRED LAND AND INTER2 ESTS IN LAND.—Any land that is within the boundary of 

3 the Conservation Area that is acquired by the United 

4 States shall— 

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

6 (2) be managed in accordance with— 

7 (A) this Act; and 

8 (B) any other applicable laws. 

9 (f) SPECIAL MANAGEMENT AREAS.— 

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

11 Conservation Area shall not change the management 

12 status of any area within the boundary of the Con13 servation Area that is— 

14 (A) designated as a component of the Na15 tional Wild and Scenic Rivers System under the 

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

17 seq.); or 

18 (B) managed as an area of critical environ19 mental concern. 

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

21 between the laws applicable to the areas described in 

22 paragraph (1) and this Act, the more restrictive pro23 vision shall control. 


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1 SEC. 4. DESIGNATION OF WILDERNESS AREAS. 

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

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

4 Conservation Area are designated as wilderness and as 

5 components of the National Wilderness Preservation Sys6 tem: 

7 (1) CERRO DEL YUTA WILDERNESS.—Certain 

8 land administered by the Bureau of Land Manage9 ment in Taos County, New Mexico, comprising ap10 proximately 13,420 acres as generally depicted on 

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

12 Yuta Wilderness’’. 

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

14 land administered by the Bureau of Land Manage15 ment in Rı ́o Arriba County, New Mexico, comprising 

16 approximately 8,000 acres, as generally depicted on 

17 the map, which shall be known as the ‘‘Rı ́o San An18 tonio Wilderness’’. 

19 (b) MANAGEMENT OF WILDERNESS AREAS.—Subject 

20 to valid existing rights, the wilderness areas designated 

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

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

23 except that with respect to the wilderness areas designated 

24 by this Act— 


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

2 Wilderness Act shall be considered to be a reference 

3 to the date of enactment of this Act; and 

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

5 Secretary of Agriculture shall be considered to be a 

6 reference to the Secretary. 

7 (c) INCORPORATION OF ACQUIRED LAND AND INTER8 ESTS IN LAND.—Any land or interest in land within the 

9 boundary of the wilderness areas designated by subsection 

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

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

12 the land is located; and 

13 (2) be managed in accordance with— 

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

15 seq.); 

16 (B) this Act; and 

17 (C) any other applicable laws. 

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

19 areas designated by subsection (a), where established be20 fore the date of enactment of this Act, shall be adminis21 tered in accordance with— 

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

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

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

25 Report of the Committee on Interior and Insular AfVerDate Mar 15 2010 06:22 May 19, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5334.IH H5334

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1 fairs to accompany H.R. 2570 of the 101st Congress 

2 (H. Rept. 101–405). 

3 (e) BUFFER ZONES.— 

4 (1) IN GENERAL.—Nothing in this section cre5 ates a protective perimeter or buffer zone around 

6 any wilderness area designated by subsection (a). 

7 (2) ACTIVITIES OUTSIDE WILDERNESS

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

9 outside any wilderness area designated by subsection 

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

11 shall not preclude the activity or use outside the 

12 boundary of the wilderness area. 

13 (f) RELEASE OF WILDERNESS STUDY AREAS.—Con14 gress finds that, for purposes of section 603(c) of the Fed15 eral Land Policy and Management Act of 1976 (43 U.S.C. 

16 1782(c)), the public land within the San Antonio Wilder17 ness Study Area not designated as wilderness by this sec18 tion— 

19 (1) has been adequately studied for wilderness 

20 designation; 

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

22 Federal Land Policy and Management Act of 1976 

23 (43 U.S.C. 1782(c)); and 

24 (3) shall be managed in accordance with this 

25 Act. 


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1 SEC. 5. GENERAL PROVISIONS. 

2 (a) MAPS AND LEGAL DESCRIPTIONS.— 

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

4 the date of enactment of this Act, the Secretary 

5 shall file the map and legal descriptions of the Con6 servation Area and the wilderness areas designated 

7 by section 4(a) with— 

8 (A) the Committee on Energy and Natural 

9 Resources of the Senate; and 

10 (B) the Committee on Natural Resources 

11 of the House of Representatives. 

12 (2) FORCE OF LAW.—The map and legal de13 scriptions filed under paragraph (1) shall have the 

14 same force and effect as if included in this Act, ex15 cept that the Secretary may correct errors in the 

16 legal description and map. 

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

18 descriptions filed under paragraph (1) shall be on 

19 file and available for public inspection in the appro20 priate offices of the Bureau of Land Management. 

21 (b) NATIONAL LANDSCAPE CONSERVATION SYS22 TEM.—The Conservation Area and the wilderness areas 

23 designated by section 4(a) shall be administered as compo24 nents of the National Landscape Conservation System. 

25 (c) FISH AND WILDLIFE.—Nothing in this Act af26 fects the jurisdiction of the State with respect to fish and 


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

2 the Secretary, after consultation with the New Mexico De3 partment of Game and Fish, may designate zones where, 

4 and establishing periods when, hunting shall not be al5 lowed for reasons of public safety, administration, or pub6 lic use and enjoyment. 

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

8 any Federal land within the Conservation Area and the 

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

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

11 States after the date of enactment of this Act, is with12 drawn from— 

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

14 public land laws; 

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

16 laws; and 

17 (3) operation of the mineral leasing, mineral 

18 materials, and geothermal leasing laws. 

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

20 diminishes, or otherwise modifies any treaty rights. 

21 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated such sums 

23 as are necessary to carry out this Act. 

Æ 


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