IB
Union Calendar No. 27
103D CONGRESS
1ST SESSION
H. R. 38
[Report No. 103–58]
To establish the Jemez National Recreation Area in the State of New Mexico,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Natural Resources
APRIL 20, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
A BILL
To establish the Jemez National Recreation Area in the
State of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT.
(a) PURPOSE AND ESTABLISHMENT.—In order to con-
serve, protect, and restore the recreational, ecological, cul-
tural, religious, and wildlife resource values of the Jemez
Mountains, there is hereby established the Jemez National
Recreational Area (hereinafter in this Act referred to as the
‘‘recreation area’’), to be administered by the Secretary of
Agriculture (hereinafter in this Act referred to as the ‘‘Sec-
retary’’).
(b) AREA INCLUDED.—The recreation area shall be
comprised of approximately 57,000 acres of lands and in-
terests in lands within the Santa Fe National Forest as
generally depicted on the map entitled ‘‘Jemez National
Recreation Area—Proposed’’ and dated September 1992.
The map shall be on file and available for public inspection
in the offices of the Chief of the Forest Service, Department
of Agriculture, Washington, District of Columbia. The Sec-
retary may from time to time, in consultation with local
tribal leaders, make minor revisions in the boundary of the
recreation area to promote management effectiveness and
efficiency in furtherance of the purposes of this Act.
(c) MAP AND DESCRIPTION.—As soon as practicable
after enactment of this Act, the Secretary shall file a map
and legal description of the recreation area with the Com-
mittee on Natural Resources of the House of Representatives
and with the Committee on Energy and Natural Resources
and the Select Committee on Indian Affairs of the Senate.
Such map and legal description shall have the same force
and effect as if included in this Act, except that correction
of clerical and typographical errors in such legal descrip-
tion and map may be made. Such map and legal descrip-
tion shall be on file and available for public inspection in
the Office of the Chief of the Forest Service, Department
of Agriculture.
(d) NO ADDITIONAL LANDS.—No lands or interests
therein outside of the boundaries of the recreation area may
be added to the recreation area without specific authoriza-
tion by Congress.
SEC. 2. ADMINISTRATION.
(a) IN GENERAL.—The Secretary shall administer the
recreation area in accordance with this Act and the laws,
rules, and regulations applicable to National Forest System
lands in a manner that will further the purposes of the
recreation area. Management of the natural resources with-
in the recreation area shall be permitted only to the extent
that such management is compatible with and does not im-
pair the purposes for which the recreation area is estab-
lished. Recreational activities within the recreation area
shall include (but not be limited to) hiking, camping, hunt-
ing, fishing, skiing, backpacking, rock climbing, and swim-
ming.
(b) MANAGEMENT PLAN.—The Secretary shall, no later
than 5 years after the enactment of this Act, develop a man-
agement plan for the recreation area, as an amendment to
the Santa Fe National Forest Land and Resource Manage-
ment Plan, to reflect the establishment of the recreation area
and to conform to the provisions of this Act. Nothing in
this Act shall require the Secretary to revise the Santa Fe
Forest Land and Resource Management Plan pursuant to
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974. During development of the manage-
ment plan for the recreation area, the Secretary shall study
newly designated land within the recreation area, and adja-
cent national forest land.
(c) CULTURAL RESOURCES.—In administering the
recreation area, the Secretary shall give particular empha-
sis to the preservation, stabilization, and protection of cul-
tural resources located within the recreation area in fur-
therance of the Archaeological Resources Protection Act of
1979, the National Historic Preservation Act, and the Act
of August 11, 1978 (42 U.S.C. 1991) (commonly referred
to as the ‘‘American Indian Religious Freedom Act’’).
(d) NATIVE AMERICANS.—(1) In recognition of the his-
toric use of portions of the recreation area by Indian peo-
ples for traditional cultural and religious purposes, the Sec-
retary shall, in consultation with local tribal leaders, ensure
the protection of religious and cultural sites and provide
access from time to time to those sites by Indian peoples
for traditional cultural and religious purposes. Such access
shall be consistent with the purpose and intent of the Act
of August 11, 1978 (42 U.S.C. 1991) (commonly referred
to as the ‘‘American Indian Religious Freedom Act’’). The
Secretary, in accordance with such Act, upon request of an
Indian tribe or pueblo, may from time to time temporarily
close to general public use one or more specific portions of
the recreational area in order to protect the privacy of reli-
gious activities and cultural uses in such portion by Indian
peoples. Any such closure shall be made so as to affect the
smallest practicable area for the minimum period necessary
for such purposes.
(2) In preparing and implementing management
plans for the recreation area, the Secretary shall request
that the Governor of the Pueblo of Jemez and the chief exec-
utive officers of other appropriate Indian tribes and pueblos
make recommendations on methods of—
(A) assuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of tra-
ditional cultural and religious activities in the recre-
ation area; and
(C) protecting traditional cultural and religious
sites in the recreation area.
(e) WILDLIFE RESOURCES.—In administering the
recreation area, the Secretary shall give particular empha-
sis to the conservation and protection of wildlife resources,
including species listed as sensitive by the Forest Service,
within the recreation area and shall comply with applicable
Federal and State laws relating to wildlife, including the
Endangered Species Act of 1973.
(f) HUNTING.—The Secretary shall permit hunting
and fishing on lands and waters under the jurisdiction of
the Secretary within the recreation area in accordance with
applicable Federal and State law. The Secretary may des-
ignate zones where, and establish periods when, such activi-
ties will not be permitted for reasons of public safety, ad-
ministration, fish and wildlife management, or public use
and enjoyment. Except in emergencies such designation by
the Secretary under this subsection shall be put into effect
only after consultation with the appropriate State agencies
responsible for hunting and fishing activities.
(g) TIMBER HARVESTING.—The Secretary may permit
timber harvesting in the recreation area for commercial
purposes, including (but not limited to) vigas, latillas, the
gathering of fuelwood, and for purposes of public safety,
recreation, wildlife, and administration, insofar as the har-
vesting is compatible with the purposes of the recreation
area. Trees damaged or downed due to fire, disease, or in-
(2) The Secretary shall construct, maintain, and close
roads within the recreation area after consultation with
local tribal leaders and only in accordance with such plan.
(j) RECREATIONAL FACILITIES.—The Secretary shall
provide for recreational facilities within the recreation
area. Such facilities shall be constructed so as to minimize
impacts on the scenic beauty, the natural character, and
the archaeological and religious sites of the recreation area.
(k) VISITOR FACILITIES.—The Secretary shall estab-
lish a visitor center and interpretive facilities in or near
the recreation area for the purpose of providing for edu-
cation relating to the interpretation of cultural and natural
resources of the recreation area.
(l) POWER TRANSMISSION LINES.—In accordance with
Federal and State laws and regulations, the Secretary may
permit a utility corridor for high power electric trans-
mission lines within the recreation area only when the Sec-
retary determines that—
(1) there is not a feasible alternative for the loca-
tion of such corridor;
(2) damage to the recreational and scenic quality
and to the archaeological and religious sites of the
recreation area will not be significant;
(3) it is in the public interest that such corridor
be located in the recreation area; and
(4) a plan to minimize harm to the resources of
the recreation area has been developed.
(m) SCIENTIFIC
INVESTIGATIONS.—The Secretary
may permit scientific investigations within the recreation
area upon the Secretary’s determination that such inves-
tigations are in the public interest and are compatible with
the purposes of this Act.
SEC. 3. MINERALS AND MINING.
(a) LIMITATION ON PATENT ISSUANCE.—(1) Notwith-
standing any other provision of law, no patents shall be
issued after May 30, 1991, for any location or claim made
in the recreation area under the mining laws of the United
States.
(2) Notwithstanding any statute of limitations or
similar restriction otherwise applicable, any party claim-
ing to have been deprived of any property right by enact-
ment of paragraph (1) may file in the United States Claims
Court a claim against the United States within 1 year after
the date of enactment of this Act seeking compensation for
such property right. The United States Claims Court shall
have jurisdiction to render judgment upon any such claim
in accordance with section 1491 of title 28, United States
Code.
(b) WITHDRAWAL.—Subject to valid existing rights,
after the date of enactment of this Act, lands within the
recreation area withdrawn from location under the general
mining laws and from the operation of the mineral leasing,
geothermal leasing, and mineral material disposal laws.
(c) RECLAMATION.—No mining activity involving any
surface disturbance of lands or waters within such area,
including disturbance through subsidence, shall be per-
mitted except in accordance with requirements imposed by
the Secretary, including requirements for reasonable rec-
lamation of disturbed lands to a visual and hydrological
condition as close as practical to their premining condition.
(d) MINING CLAIM VALIDITY REVIEW.—The Secretary
of Agriculture shall undertake and complete within 3 years
after the date of enactment of this Act an expedited program
to examine all unpatented mining claims, including those
for which a patent application has been filed, within the
recreation area. Upon determination by the Secretary of
Agriculture that the elements of a contest are present, the
Secretary of the Interior shall immediately determine the
validity of such claims. If a claim is determined to be in-
valid, the Secretary shall promptly declare the claim to be
null and void.
(e) PUBLIC PURPOSES.—The Secretary may utilize
mineral materials from within the recreation area for pub-
lic purposes such as maintenance and construction of roads,
trails, and facilities as long as such use is compatible with
the purposes of the recreation area.
SEC. 4. ADJOINING LANDS.
The Secretary may evaluate lands adjoining the recre-
ation area for possible inclusion in the recreation area and
make recommendations to Congress, including (but not lim-
ited to) that area authorized for study by section 5 of Public
Law 101–556 (104 Stat. 2764), known as the Baca Loca-
tion Number 1. The Secretary, in consultation with local
tribal leaders and the National Park Service, shall, no later
than 2 years after enactment of this Act, submit rec-
ommendations with respect to future boundaries for the
recreation area.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out the purposes of this Act.