I 
112TH CONGRESS 
2D SESSION 
H. R. 4334 
To establish a monument in Dona Ana County, New Mexico, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 29, 2012 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To establish a monument in Dona Ana County, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Organ Mountains Na-
tional Monument Establishment Act’’. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act: 
(1) CITY.—The term ‘‘City’’ means the city of 
Las Cruces, New Mexico. 
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(2) COUNTY.—The term ‘‘County’’ means Dona 
Ana County, New Mexico. 
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan developed 
pursuant to this Act. 
(4) MAP.—The term ‘‘map’’ means the map ti-
tled ‘‘Organ Mountains National Monument’’ and 
dated March 28, 2012. 
(5) 
MONUMENT.—The 
term 
‘‘monument’’ 
means the national monument established by this 
Act. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the Bureau of Land Management. 
(7) STATE DIRECTOR.—The term ‘‘State Direc-
tor’’ means the New Mexico State Director of the 
Bureau of Land Management. 
(8) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
SEC. 3. WATER RIGHTS. 
Nothing in this Act shall— 
(1) constitute or be construed to constitute ei-
ther an express or implied reservation by the United 
States of any water or water rights with respect to 
the lands within the monument; or 
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(2) affect any water rights existing on the date 
of the enactment of this Act, including any water 
right held by the United States. 
SEC. 4. ESTABLISHMENT OF MONUMENT. 
(a) IN GENERAL.—There is established the Organ 
Mountains monument in the State. 
(b) AREA INCLUDED.—The monument shall consist 
of the approximately 58,512 acres of public land in Dona 
Ana County in the State, as generally depicted on the 
map. 
SEC. 5. PURPOSES. 
The purposes of the monument are to conserve, pro-
tect, and enhance the cultural, traditional, archaeological, 
natural, ecological, geological, historical, wildlife, livestock, 
watershed, educational, recreational, and scenic resources 
of the monument for the benefit and enjoyment of present 
and future generations. 
SEC. 6. MANAGEMENT OF MONUMENT. 
(a) IN GENERAL.—The Secretary shall manage the 
monument— 
(1) in a manner that conserves, protects, and 
enhances the resources of the monument; and 
(2) in accordance with— 
(A) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); 
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(B) this Act; and 
(C) any other applicable laws. 
(b) USES.— 
(1) IN
GENERAL.—The Secretary shall allow 
only such uses of the monument that the Secretary 
determines would further the purposes described in 
section 5. 
(2) USE OF MOTORIZED VEHICLES.—Except as 
needed for administrative purposes or to respond to 
an emergency, the use of motorized vehicles in the 
monument shall be permitted only on roads des-
ignated for use by motorized vehicles in the manage-
ment plan. Nothing in this Act precludes the use of 
motorized vehicles or mechanical equipment for the 
construction or maintenance of range improvements 
or the performance of standard ranching operations 
or for the construction, maintenance, operation, or 
management of flood control or water conservation 
systems. 
(3) NEW ROADS.—No additional road shall be 
built within the monument after the date of the en-
actment of this Act unless the Secretary determines 
that the road is necessary for public safety or nat-
ural resource protection. 
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(c) GRAZING.—The Secretary shall issue any grazing 
leases or permits in the monument in accordance with the 
same laws and executive orders that apply to issuance by 
the Secretary of grazing leases and permits on other land 
under the jurisdiction of the Bureau of Land Manage-
ment. 
(d) UTILITY RIGHT-OF-WAYS.—Nothing in this sec-
tion precludes the Secretary from authorizing, renewing 
or upgrading (including widening) a utility right-of-way 
through the monument in a manner that minimizes harm 
to the purposes of the monument in accordance with— 
(1) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); 
(2) any other applicable law; and 
(3) such terms and conditions as the Secretary 
determines to be appropriate. 
SEC. 7. MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 3 years after the 
date of the enactment of this Act, the Secretary shall de-
velop a management plan for the monument. 
(b) CONSULTATION.—The management plan shall be 
developed in consultation with— 
(1) State, tribal, and local governments; 
(2) the public; and 
(3) interested Federal agencies. 
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SEC. 8. GENERAL PROVISIONS. 
(a) MAP AND LEGAL DESCRIPTION.— 
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Secretary 
shall file the map and legal description of the monu-
ment. 
(2) FORCE AND EFFECT.—The map and legal 
description filed under paragraph (1) shall have the 
same force and effect as if included in this Act, ex-
cept that the Secretary may correct errors in the 
map and legal description. 
(3) PUBLIC AVAILABILITY.—The map and legal 
description filed under paragraph (1) shall be on file 
and available for public inspection in the appropriate 
offices of— 
(A) the Bureau of Land Management; 
(B) the Office of the County Clerk of Dona 
Ana County, New Mexico. 
(4) FISH AND WILDLIFE.—Nothing in this Act 
affects the jurisdiction of the State with respect to 
fish and wildlife located on public land in the State. 
(5) NO BUFFER ZONES.— 
(A) IN GENERAL.—There shall be no buff-
er zone around a monument. 
(B) ACTIVITIES
OUTSIDE
THE
MONU-
MENT.—The fact that an activity or use of land 
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is not permitted on land within a monument 
shall not preclude the activity or use outside the 
boundary of the monument or on private or 
State land within the monument, consistent 
with other applicable laws. 
(6) WITHDRAWALS.—Subject to valid existing 
rights (including lease rights), all Federal land with-
in the monument and any land and interests in land 
acquired for the monument by the United States 
after the date of the enactment of this Act are with-
drawn from— 
(A) all forms of entry, appropriation, or 
disposal under the public land laws; 
(B) location, entry, and patent under the 
mining laws; and 
(C) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws. 
SEC. 9. RELEASE OF WILDERNESS STUDY AREA. 
For purposes of section 603 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1782), the 
Federal land in the following has been adequately studied 
for wilderness designation and shall no longer be subject 
to section 603(c) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1782(c)): 
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