II 

109TH CONGRESS 

2D SESSION S. 3599 

To establish the Prehistoric Trackways National Monument in the State 

of New Mexico. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2006 

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

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

A BILL 

To establish the Prehistoric Trackways National Monument 

in the State of New Mexico. 

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 ‘‘Prehistoric Trackways 

5 National Monument Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) MONUMENT.—The term ‘‘Monument’’ 

9 means the Prehistoric Trackways National Monu10 ment established by section 4(a). 


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1 (2) PUBLIC LAND.—The term ‘‘public land’’ 

2 has the meaning given the term ‘‘public lands’’ in 

3 section 103 of the Federal Land Policy and Manage4 ment Act of 1976 (43 U.S.C. 1702). 

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

6 the Secretary of the Interior. 

7 SEC. 3. FINDINGS. 

8 Congress finds that— 

9 (1) in 1987, a major deposit of Paleozoic Era 

10 fossilized footprint megatrackways was discovered in 

11 the Robledo Mountains in southern New Mexico; 

12 (2) the trackways contain footprints of numer13 ous amphibians, reptiles, and insects (including pre14 viously unknown species), plants, and petrified wood 

15 dating back approximately 280,000,000 years, which 

16 collectively provide new opportunities to understand 

17 animal behaviors and environments from a time pre18 dating the dinosaurs; 

19 (3) title III of Public Law 101–578 (104 Stat. 

20 2860)— 

21 (A) provided interim protection for the site 

22 at which the trackways were discovered; and 

23 (B) directed the Secretary of the Interior 

24 to— 


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1 (i) prepare a study assessing the sig2 nificance of the site; and 

3 (ii) based on the study, provide rec4 ommendations for protection of the paleon5 tological resources at the site; 

6 (4) the Bureau of Land Management completed 

7 the Paleozoic Trackways Scientific Study Report in 

8 1994, which characterized the site as containing 

9 ‘‘the most scientifically significant Early Permian 

10 tracksites’’ in the world; 

11 (5) despite the conclusion of the study and the 

12 recommendations for protection, the site remains un13 protected and many irreplaceable trackways speci14 mens have been lost to vandalism or theft; and 

15 (6) designation of the trackways site as a Na16 tional Monument would protect the unique fossil re17 sources for present and future generations while al18 lowing for public education and continued scientific 

19 research opportunities. 

20 SEC. 4. ESTABLISHMENT. 

21 (a) IN GENERAL.—In order to conserve, protect, and 

22 enhance the unique and nationally important paleontolog23 ical, scientific, educational, scenic, and recreational re24 sources and values of the public land described in subVerDate Aug 31 2005 02:49 Jul 04, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3599.IS S3599

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1 section (b), there is established the Prehistoric Trackways 

2 National Monument in the State of New Mexico. 

3 (b) DESCRIPTION OF LAND.—The Monument shall 

4 consist of approximately 5,367 acres of public land in 

5 Don ̃a Ana County, New Mexico, as generally depicted on 

6 the map entitled ‘‘Prehistoric Trackways National Monu7 ment’’ and dated June 1, 2006. 

8 (c) MAP; LEGAL DESCRIPTION.— 

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

10 the date of enactment of this Act, the Secretary 

11 shall prepare and submit to Congress an official map 

12 and legal description of the Monument. 

13 (2) CORRECTIONS.—The map and legal descrip14 tion submitted under paragraph (1) shall have the 

15 same force and effect as if included in this Act, ex16 cept that the Secretary may correct any clerical or 

17 typographical errors in the legal description and the 

18 map. 

19 (3) CONFLICT BETWEEN MAP AND LEGAL DE20 SCRIPTION.—In the case of a conflict between the 

21 map and the legal description, the map shall control. 

22 (4) AVAILABILITY OF MAP AND LEGAL DE23 SCRIPTION.—Copies of the map and legal description 

24 shall be on file and available for public inspection in 


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1 the appropriate offices of the Bureau of Land Man2 agement. 

3 (d) MINOR BOUNDARY ADJUSTMENTS.—If additional 

4 paleontological resources are discovered on public land ad5 jacent to the Monument after the date of enactment of 

6 this Act, the Secretary may make minor boundary adjust7 ments to the Monument to include the resources in the 

8 Monument. 

9 SEC. 5. ADMINISTRATION. 

10 (a) MANAGEMENT.— 

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

12 the Monument— 

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

14 and enhances the resources and values of the 

15 Monument, including the resources and values 

16 described in section 4(a); and 

17 (B) in accordance with— 

18 (i) this Act; 

19 (ii) the Federal Land Policy and Man20 agement Act of 1976 (43 U.S.C. 1701 et 

21 seq.); and 

22 (iii) other applicable laws. 

23 (2) NATIONAL LANDSCAPE CONSERVATION SYS24 TEM.—The Monument shall be managed as a comVerDate Aug 31 2005 02:49 Jul 04, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3599.IS S3599

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1 ponent of the National Landscape Conservation Sys2 tem. 

3 (3) PROTECTION OF RESOURCES AND VAL4 UES.—The Secretary shall manage public land adja5 cent to the Monument in a manner that is consistent 

6 with the protection of the resources and values of 

7 the Monument. 

8 (b) MANAGEMENT PLAN.— 

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

10 the date of enactment of this Act, the Secretary 

11 shall develop a comprehensive management plan for 

12 the long-term protection and management of the 

13 Monument. 

14 (2) COMPONENTS.—The management plan 

15 under paragraph (1)— 

16 (A) shall— 

17 (i) describe the appropriate uses and 

18 management of the Monument, consistent 

19 with the provisions of this Act; and 

20 (ii) allow for continued scientific re21 search at the Monument during the devel22 opment of the management plan; and 

23 (B) may— 

24 (i) incorporate any appropriate deci25 sions contained in any current manageVerDate Aug 31 2005 02:49 Jul 04, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3599.IS S3599

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1 ment or activity plan for the land described 

2 in section 4(b); and 

3 (ii) use information developed in stud4 ies of any land within or adjacent to the 

5 Monument that were conducted before the 

6 date of enactment of this Act. 

7 (c) AUTHORIZED USES.—The Secretary shall only 

8 allow uses of the Monument that the Secretary determines 

9 would further the purposes for which the Monument has 

10 been established. 

11 (d) INTERPRETATION, EDUCATION, AND SCIENTIFIC

12 RESEARCH.— 

13 (1) IN GENERAL.—The Secretary shall provide 

14 for public interpretation of, and education and sci15 entific research on, the paleontological resources of 

16 the Monument, with priority given to exhibiting and 

17 curating the resources in Don ̃a Ana County, New 

18 Mexico. 

19 (2) COOPERATIVE AGREEMENTS.—The Sec20 retary may enter into cooperative agreements with 

21 appropriate public entities to carry out paragraph 

22 (1). 

23 (e) SPECIAL MANAGEMENT AREAS.— 

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

25 Monument shall not change the management status 


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1 of any area within the boundary of the Monument 

2 that is— 

3 (A) designated as a wilderness study area 

4 and managed in accordance with section 603(c) 

5 of the Federal Land Policy and Management 

6 Act of 1976 (43 U.S.C. 1782(c)); or 

7 (B) managed as an area of critical environ8 ment concern. 

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

10 between the laws applicable to the areas described in 

11 paragraph (1) and this Act, the more restrictive pro12 vision shall control. 

13 (f) MOTORIZED VEHICLES.— 

14 (1) IN GENERAL.—Except as needed for admin15 istrative purposes or to respond to an emergency, 

16 the use of motorized vehicles in the Monument shall 

17 be allowed only on roads and trails designated for 

18 use by motorized vehicles under the management 

19 plan prepared under subsection (b). 

20 (2) PERMITTED EVENTS.—The Secretary may 

21 issue permits for special recreation events involving 

22 motorized vehicles within the boundaries of the 

23 Monument, including the ‘‘Chile Challenge’’— 

24 (A) to the extent the events do not harm 

25 paleontological resources; and 


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1 (B) subject to any terms and conditions 

2 that the Secretary determines to be necessary. 

3 (g) WITHDRAWALS.—Subject to valid existing rights, 

4 any Federal land within the Monument and any land or 

5 interest in land that is acquired by the United States for 

6 inclusion in the Monument after the date of enactment 

7 of this Act are withdrawn from— 

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

9 public land laws; 

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

11 laws; and 

12 (3) operation of the mineral leasing laws, geo13 thermal leasing laws, and minerals materials laws. 

14 (h) GRAZING.—The Secretary may allow grazing to 

15 continue in any area of the Monument in which grazing 

16 is allowed before the date of enactment of this Act, subject 

17 to applicable laws (including regulations). 

18 (i) HUNTING.— 

19 (1) IN GENERAL.—Nothing in this Act dimin20 ishes the jurisdiction of the State of New Mexico 

21 with respect to fish and wildlife management, includ22 ing regulation of hunting on public land within the 

23 Monument. 

24 (2) REGULATIONS.—The Secretary, after con25 sultation with the New Mexico Department of Game 


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1 and Fish, may issue regulations designating zones in 

2 which and establishing periods during which hunting 

3 shall not be allowed for reasons of public safety, ad4 ministration, or public use and enjoyment. 

5 (j) WATER RIGHTS.—Nothing in this Act constitutes 

6 an express or implied reservation by the United States of 

7 any water or water rights with respect to the Monument. 

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated such sums 

10 as are necessary to carry out this Act. 

Æ 


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