M.H. Dutch Salmon Greater Gila Wild and Scenic River Act

Subjects: Public Lands and Natural Resources, Aquatic ecology, Fishes, Forests, forestry, trees, Land transfers, Monuments and memorials, New Mexico, Parks, recreation areas, trails, Wilderness and natural areas, wildlife refuges, wild rivers, habitats


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 776 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 776

 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

                             March 14, 2023

Mr. Heinrich (for himself and Mr. Lujan) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``M.H. Dutch Salmon Greater Gila Wild 
and Scenic River Act''.

SEC. 2. DESIGNATION OF WILD AND SCENIC RIVERS.

    (a) Definitions.--In this section:
            (1) Covered segment.--The term ``covered segment'' means a 
        river segment designated by paragraph (233) of section 3(a) of 
        the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 
        subsection (b)).
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                a covered segment under the jurisdiction of the 
                Secretary of the Interior; and
                    (B) the Secretary of Agriculture, with respect to a 
                covered segment under the jurisdiction of the Secretary 
                of Agriculture.
            (3) State.--The term ``State'' means the State of New 
        Mexico.
    (b) Designation of Segments.--Section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the 
following:
            ``(233) Gila river system, new mexico.--The following 
        segments of the Gila River system in Las Animas Creek, Holden 
        Prong, and McKnight Canyon in the State of New Mexico, to be 
        administered by the Secretary concerned (as defined in section 
        2(a) of the M.H. Dutch Salmon Greater Gila Wild and Scenic 
        River Act) in the following classifications:
                    ``(A) Apache creek.--The approximately 10.5-mile 
                segment, as generally depicted on the map entitled 
                `Apache Creek' and dated April 30, 2020, as a wild 
                river.
                    ``(B) Black canyon creek.--
                            ``(i) The 11.8-mile segment, as generally 
                        depicted on the map entitled `Black Canyon 
                        Creek' and dated April 30, 2020, as a wild 
                        river.
                            ``(ii) The 0.6-mile segment, as generally 
                        depicted on the map entitled `Black Canyon 
                        Creek' and dated April 30, 2020, as a 
                        recreational river.
                            ``(iii) The 1.9-mile segment, as generally 
                        depicted on the map entitled `Black Canyon 
                        Creek' and dated April 30, 2020, as a 
                        recreational river.
                            ``(iv) The 11-mile segment, as generally 
                        depicted on the map entitled `Black Canyon 
                        Creek' and dated April 30, 2020, as a wild 
                        river.
                    ``(C) Diamond creek.--
                            ``(i) The approximately 13.3-mile segment, 
                        as generally depicted on the map entitled 
                        `Diamond Creek' and dated March 27, 2020, as a 
                        wild river.
                            ``(ii) The approximately 4.7-mile segment, 
                        as generally depicted on the map entitled 
                        `Diamond Creek' and dated March 27, 2020, as a 
                        wild river.
                            ``(iii) The approximately 3.1-mile segment, 
                        as generally depicted on the map entitled 
                        `Diamond Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(iv) The approximately 1.6-mile segment, 
                        as generally depicted on the map entitled 
                        `Diamond Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(v) The approximately 4.1-mile segment, 
                        as generally depicted on the map entitled 
                        `Diamond Creek' and dated March 27, 2020, as a 
                        wild river.
                    ``(D) South diamond creek.--The approximately 16.1-
                mile segment, as generally depicted on the map entitled 
                `South Diamond Creek' and dated March 27, 2020, as a 
                wild river.
                    ``(E) Gila river.--
                            ``(i) The approximately 34.9-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River' and dated April 30, 2020, as a wild 
                        river.
                            ``(ii) The approximately 2.5-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River' and dated April 30, 2020, as a 
                        recreational river.
                            ``(iii) The approximately 3-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River' and dated April 30, 2020, as a wild 
                        river.
                    ``(F) Gila river, east fork.--The approximately 
                10.3-mile segment, as generally depicted on the map 
                entitled `East Fork Gila River' and dated April 30, 
                2020, as a wild river.
                    ``(G) Gila river, lower box.--
                            ``(i) The approximately 3.1-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Lower Box' and dated April 21, 2020, as 
                        a recreational river.
                            ``(ii) The approximately 6.1-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Lower Box' and dated April 21, 2020, as 
                        a wild river.
                    ``(H) Gila river, middle box.--
                            ``(i) The approximately 0.6-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box' and dated April 30, 2020, as 
                        a recreational river.
                            ``(ii) The approximately 0.4-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box'' and dated April 30, 2020, 
                        as a recreational river.
                            ``(iii) The approximately 0.3-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box' and dated April 30, 2020, as 
                        a recreational river.
                            ``(iv) The approximately 0.3-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box' and dated April 30, 2020, as 
                        a recreational river.
                            ``(v) The approximately 1.6-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box' and dated April 30, 2020, as 
                        a recreational river.
                            ``(vi) The approximately 9.8-mile segment, 
                        as generally depicted on the map entitled `Gila 
                        River, Middle Box' and dated April 30, 2020, as 
                        a wild river.
                    ``(I) Gila river, middle fork.--
                            ``(i) The approximately 1.2-mile segment, 
                        as generally depicted on the map entitled 
                        `Middle Fork Gila River' and dated May 1, 2020, 
                        as a recreational river.
                            ``(ii) The approximately 35.5-mile segment, 
                        as generally depicted on the map entitled 
                        `Middle Fork Gila River' and dated May 1, 2020, 
                        as a wild river.
                    ``(J) Gila river, west fork.--
                            ``(i) The approximately 30.6-mile segment, 
                        as generally depicted on the map entitled `West 
                        Fork Gila River' and dated May 1, 2020, as a 
                        wild river.
                            ``(ii) The approximately 4-mile segment, as 
                        generally depicted on the map entitled `West 
                        Fork Gila River' and dated May 1, 2020, as a 
                        recreational river.
                    ``(K) Gilita creek.--The approximately 6.4-mile 
                segment, as generally depicted on the map entitled 
                `Gilita Creek' and dated March 4, 2020, as a wild 
                river.
                    ``(L) Holden prong.--The approximately 7.3-mile 
                segment, as generally depicted on the map entitled 
                `Holden Prong' and dated March 27, 2020, as a wild 
                river.
                    ``(M) Indian creek.--
                            ``(i) The approximately 5-mile segment, as 
                        generally depicted on the map entitled `Indian 
                        Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(ii) The approximately 9.5-mile segment, 
                        as generally depicted on the map entitled 
                        `Indian Creek' and dated March 27, 2020, as a 
                        wild river.
                    ``(N) Iron creek.--The approximately 13.2-mile 
                segment, as generally depicted on the map entitled 
                `Iron Creek' and dated March 4, 2020, as a wild river.
                    ``(O) Las animas creek.--
                            ``(i) The approximately 5.3-mile segment, 
                        as generally depicted on the map entitled `Las 
                        Animas Creek' and dated March 27, 2020, as a 
                        wild river.
                            ``(ii) The approximately 2.3-mile segment, 
                        as generally depicted on the map entitled `Las 
                        Animas Creek' and dated March 27, 2020, as a 
                        scenic river.
                    ``(P) Little creek.--
                            ``(i) The approximately 0.3-mile segment, 
                        as generally depicted on the map entitled 
                        `Little Creek' and dated May 1, 2020, as a 
                        recreational river.
                            ``(ii) The approximately 18.3-mile segment, 
                        as generally depicted on the map entitled 
                        `Little Creek' and dated May 1, 2020, as a wild 
                        river.
                    ``(Q) Mcknight canyon.--The approximately 10.3-mile 
                segment, as generally depicted on the map entitled 
                `McKnight Canyon' and dated March 4, 2020, as a wild 
                river.
                    ``(R) Mineral creek.--
                            ``(i) The approximately 8.3-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        wild river.
                            ``(ii) The approximately 0.5-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(iii) The approximately 0.5-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(iv) The approximately 0.1-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(v) The approximately 0.03-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(vi) The approximately 0.02-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(vii) The approximately 0.6-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(viii) The approximately 0.1-mile 
                        segment, as generally depicted on the map 
                        entitled `Mineral Creek' and dated March 27, 
                        2020, as a recreational river.
                            ``(ix) The approximately 0.03-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                            ``(x) The approximately 0.7-mile segment, 
                        as generally depicted on the map entitled 
                        `Mineral Creek' and dated March 27, 2020, as a 
                        recreational river.
                    ``(S) Mogollon creek.--The approximately 15.8-mile 
                segment, as generally depicted on the map entitled 
                `Mogollon Creek' and dated April 2, 2020, as a wild 
                river.
                    ``(T) West fork mogollon creek.--The approximately 
                8.5-mile segment, as generally depicted on the map 
                entitled `West Fork Mogollon Creek' and dated March 4, 
                2020, as a wild river.
                    ``(U) Mule creek.--The approximately 4.3-mile 
                segment, as generally depicted on the map entitled 
                `Mule Creek' and dated March 4, 2020, as a wild river.
                    ``(V) San francisco river, devil's creek.--
                            ``(i) The approximately 1.8-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Devil's Creek' and dated 
                        October 29, 2021, as a scenic river.
                            ``(ii) The approximately 6.4-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Devil's Creek' and dated 
                        October 29, 2021, as a scenic river.
                            ``(iii) The approximately 6.1-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Devil's Creek' and dated 
                        October 29, 2021, as a scenic river.
                            ``(iv) The approximately 1.2-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Devil's Creek' and dated 
                        October 29, 2021, as a recreational river.
                            ``(v) The approximately 5.9-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Devil's Creek' and dated 
                        October 29, 2021, as a recreational river.
                    ``(W) San francisco river, lower san francisco 
                river canyon.--
                            ``(i) The approximately 1.8-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Lower San Francisco River 
                        Canyon' and dated March 27, 2020, as a wild 
                        river.
                            ``(ii) The approximately 0.6-mile segment, 
                        as generally depicted on the map entitled `San 
                        Francisco River, Lower San Francisco River 
                        Canyon' and dated March 27, 2020, as a 
                        recreational river.
                            ``(iii) The approximately 14.6-mile 
                        segment, as generally depicted on the map 
                        entitled `San Francisco River, Lower San 
                        Francisco River Canyon' and dated March 27, 
                        2020, as a wild river.
                    ``(X) San francisco river, upper frisco box.--The 
                approximately 6-mile segment, as generally depicted on 
                the map entitled `San Francisco River, Upper Frisco 
                Box' and dated March 4, 2020, as a wild river.
                    ``(Y) Sapillo creek.--The approximately 7.2-mile 
                segment, as generally depicted on the map entitled 
                `Sapillo Creek' and dated March 27, 2020, as a wild 
                river.
                    ``(Z) Spruce creek.--The approximately 3.7-mile 
                segment, as generally depicted on the map entitled 
                `Spruce Creek' and dated March 4, 2020, as a wild 
                river.
                    ``(AA) Taylor creek.--
                            ``(i) The approximately 0.4-mile segment, 
                        as generally depicted on the map entitled 
                        `Taylor Creek' and dated April 30, 2020, as a 
                        scenic river.
                            ``(ii) The approximately 6.1-mile segment, 
                        as generally depicted on the map entitled 
                        `Taylor Creek' and dated April 30, 2020, as a 
                        wild river.
                            ``(iii) The approximately 6.7-mile segment, 
                        as generally depicted on the map entitled 
                        `Taylor Creek' and dated April 30, 2020, as a 
                        wild river.
                    ``(BB) Turkey creek.--The approximately 17.1-mile 
                segment, as generally depicted on the map entitled 
                `Turkey Creek' and dated April 30, 2020, as a wild 
                river.
                    ``(CC) Whitewater creek.--
                            ``(i) The approximately 13.5-mile segment, 
                        as generally depicted on the map entitled 
                        `Whitewater Creek' and dated March 27, 2020, as 
                        a wild river.
                            ``(ii) The approximately 1.1-mile segment, 
                        as generally depicted on the map entitled 
                        `Whitewater Creek' and dated March 27, 2020, as 
                        a recreational river.
                    ``(DD) Willow creek.--
                            ``(i) The approximately 3-mile segment, as 
                        generally depicted on the map entitled `Willow 
                        Creek' and dated April 30, 2020, as a 
                        recreational river.
                            ``(ii) The approximately 2.9-mile segment, 
                        as generally depicted on the map entitled 
                        `Willow Creek' and dated April 30, 2020, as a 
                        recreational river.''.
    (c) Withdrawal.--Subject to valid existing rights, all Federal land 
within the boundary of a covered segment is withdrawn from all forms 
of--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and 
        geothermal leasing or mineral materials.
    (d) Maps; Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary concerned shall prepare 
        maps and legal descriptions of the covered segments.
            (2) Force of law.--The maps and legal descriptions prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this section, except that the Secretary concerned 
        may correct minor errors in the maps and legal descriptions.
            (3) Availability.--The map and legal description prepared 
        under paragraph (1) shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service, 
        the Bureau of Land Management, and the National Park Service.
    (e) Comprehensive River Management Plan.--The Secretary concerned 
shall prepare the comprehensive management plan for the covered 
segments pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(d)) after consulting with Tribal governments, applicable 
political subdivisions of the State, and interested members of the 
public.
    (f) Incorporation of Acquired Land and Interests in Land.--If the 
United States acquires any non-Federal land within or adjacent to a 
covered segment, the acquired land shall be incorporated in, and be 
administered as part of, the applicable covered segment.
    (g) Effect of Section.--
            (1) Effect on rights.--In accordance with section 12(b) of 
        the Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in 
        this section or an amendment made by this section abrogates any 
        existing rights of, privilege of, or contract held by any 
        person, including any right, privilege, or contract that 
        affects Federal land or private land, without the consent of 
        the person, including--
                    (A) grazing permits or leases;
                    (B) existing water rights, including the 
                jurisdiction of the State in administering water 
                rights;
                    (C) existing points of diversion, including 
                maintenance, repair, or replacement;
                    (D) existing water distribution infrastructure, 
                including maintenance, repair, or replacement; and
                    (E) valid existing rights for mining and mineral 
                leases.
            (2) Mining activities.--The designation of a covered 
        segment by subparagraph (G) or (H) of paragraph (233) of 
        section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1274(a)) (as added by subsection (b)) shall not--
                    (A) limit the licensing, development, operation, or 
                maintenance of mining activities or mineral processing 
                facilities outside the boundaries of the applicable 
                covered segment; or
                    (B) affect any rights, obligations, privileges, or 
                benefits granted under any permit or approval with 
                respect to such mining activities or mineral processing 
                facilities.
            (3) Condemnation.--No land or interest in land shall be 
        acquired under this section or an amendment made by this 
        section without the consent of the owner.
            (4) Relationship to other law.--Nothing in this section 
        amends or otherwise affects the Arizona Water Settlements Act 
        (Public Law 108-451; 118 Stat. 3478).
            (5) Native fish habitat restoration.--
                    (A) Existing projects.--Nothing in this section or 
                an amendment made by this section affects the authority 
                of the Secretary concerned or the State to operate, 
                maintain, replace, or improve a native fish habitat 
                restoration project (including fish barriers) in 
                existence as of the date of enactment of this Act 
                within a covered segment.
                    (B) New projects.--Notwithstanding section 7 of the 
                Wild and Scenic Rivers Act (16 U.S.C. 1278), the 
                Secretary concerned may authorize the construction of a 
                native fish habitat restoration project (including any 
                necessary fish barriers) within a covered segment if 
                the project--
                            (i) would enhance the recovery of a species 
                        listed as threatened or endangered under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.), a sensitive species, or a species of 
                        greatest conservation need, including the Gila 
                        Trout (Oncorhynchus gilae); and
                            (ii) would not unreasonably diminish the 
                        free-flowing nature or outstandingly remarkable 
                        values of the covered segment.
                    (C) Projects within wilderness areas.--A native 
                fish habitat restoration project (including fish 
                barriers) located within an area designated as a 
                component of the National Wilderness Preservation 
                System shall be constructed consistent with--
                            (i) the Wilderness Act (16 U.S.C. 1131 et 
                        seq.); and
                            (ii) the applicable wilderness management 
                        plan.
            (6) State land jurisdiction.--Nothing in this section or an 
        amendment made by this section affects the jurisdiction of land 
        under the jurisdiction of the State, including land under the 
        jurisdiction of the New Mexico State Land Office and the New 
        Mexico Department of Game and Fish.
            (7) Fish and wildlife.--Nothing in this section or an 
        amendment made by this section affects the jurisdiction of the 
        State with respect to fish and wildlife in the State.
            (8) Treaty rights.--Nothing in this section or an amendment 
        made by this section alters, modifies, diminishes, or 
        extinguishes the reserved treaty rights of any Indian Tribe 
        with respect to hunting, fishing, gathering, and cultural or 
        religious rights in the vicinity of a covered segment as 
        protected by a treaty.

SEC. 3. MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS NATIONAL 
              MONUMENT AND GILA NATIONAL FOREST.

    (a) Transfer of Administrative Jurisdiction.--
            (1) In general.--Administrative jurisdiction over the land 
        described in paragraph (2) is transferred from the Secretary of 
        Agriculture to the Secretary of the Interior.
            (2) Description of land.--The land referred to in paragraph 
        (1) is the approximately 440 acres of land identified as 
        ``Transfer from USDA Forest Service to National Park Service'' 
        on the map entitled ``Gila Cliff Dwellings National Monument 
        Proposed Boundary Adjustment'' and dated March 2020.
    (b) Boundary Modifications.--
            (1) Gila cliff dwellings national monument.--
                    (A) In general.--The boundary of the Gila Cliff 
                Dwellings National Monument is revised to incorporate 
                the land transferred to the Secretary of the Interior 
                under subsection (a)(1).
                    (B) Map.--
                            (i) In general.--The Secretary of the 
                        Interior shall prepare and keep on file for 
                        public inspection in the appropriate office of 
                        the National Park Service a map and a legal 
                        description of the revised boundary of the Gila 
                        Cliff Dwellings National Monument.
                            (ii) Effect.--The map and legal description 
                        under clause (i) shall have the same force and 
                        effect as if included in this section, except 
                        that the Secretary of the Interior may correct 
                        minor errors in the map and legal description.
            (2) Gila national forest.--
                    (A) In general.--The boundary of the Gila National 
                Forest is modified to exclude the land transferred to 
                the Secretary of the Interior under subsection (a)(1).
                    (B) Map.--
                            (i) In general.--The Secretary of 
                        Agriculture shall prepare and keep on file for 
                        public inspection in the appropriate office of 
                        the Forest Service a map and a legal 
                        description of the revised boundary of the Gila 
                        National Forest.
                            (ii) Effect.--The map and legal description 
                        under clause (i) shall have the same force and 
                        effect as if included in this section, except 
                        that the Secretary of Agriculture may correct 
                        minor errors in the map and legal description.
                                 &lt;all&gt;
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