II
Calendar No. 196
103D CONGRESS
1ST SESSION
H. R. 38
[Report No. 103–139]
IN THE SENATE OF THE UNITED STATES
APRIL 22 (legislative day, APRIL 19), 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 14 (legislative day, SEPTEMBER 7), 1993
Reported by Mr. JOHNSTON, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
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
conserve, protect, and restore the recreational, ecological,
cultural, religious, and wildlife resource values of the
Jemez Mountains, there is hereby established the Jemez
National Recreational Area (hereinafter in this Act re-
ferred to as the ‘‘recreation area’’), to be administered by
the Secretary of Agriculture (hereinafter in this Act re-
ferred to as the ‘‘Secretary’’).
(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, Depart-
ment of Agriculture, Washington, District of Columbia.
The Secretary may from time to time, in consultation with
local tribal leaders, make minor revisions in the boundary
of the recreation area to promote management effective-
ness 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 Representa-
tives and with the Committee on Energy and Natural Re-
sources 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 description and map may be made. Such map and
legal description 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 au-
thorization 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 re-
sources within the recreation area shall be permitted only
to the extent that such management is compatible with
and does not impair the purposes for which the recreation
area is established. Recreational activities within the
recreation area shall include (but not be limited to) hiking,
camping, hunting, fishing, skiing, backpacking, rock
climbing, and swimming.
(b) MANAGEMENT PLAN.—The Secretary shall, no
later than 5 years after the enactment of this Act, develop
a management plan for the recreation area, as an amend-
ment to the Santa Fe National Forest Land and Resource
Management 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 re-
vise 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 devel-
opment of the management plan for the recreation area,
the Secretary shall study newly designated land within the
recreation area, and adjacent 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 re-
ferred to as the ‘‘American Indian Religious Freedom
Act’’).
(d) NATIVE AMERICANS.—(1) In recognition of the
historic use of portions of the recreation area by Indian
peoples for traditional cultural and religious purposes cus-
tomary uses, the Secretary shall, shall, subject to the provi-
sions of section 2(n) in consultation with local tribal lead-
ers, ensure the protection of religious and cultural sites
and provide access from time to time to those sites by In-
dian peoples for traditional cultural and religious purposes
customary uses. 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 In-
dian Religious Freedom Act’’). The Secretary, in accord-
ance 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 religious 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. 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
traditional and customary uses in such portions by Indian
peoples.
(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
executive 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
traditional cultural and religious activities in the
recreation 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
designate zones where, and establish periods when, such
activities will not be permitted for reasons of public safety,
administration, fish and wildlife management, or public
use and enjoyment. Except in emergencies such designa-
tion by the Secretary under this subsection shall be put
into effect only after consultation with the appropriate
State agencies responsible for hunting and fishing activi-
ties.