H. R. 698
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To protect Lechuguilla Cave and other resources and values in and adjacent to
Carlsbad Caverns National Park.
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 ‘‘Lechuguilla Cave Protection
Act of 1993’’.
SEC. 2. FINDING.
Congress finds that Lechuguilla Cave and adjacent public lands
have internationally significant scientific, environmental, and other
values, and should be retained in public ownership and protected
against adverse effects of mineral exploration and development
and other activities presenting threats to the areas.
SEC. 3. LAND WITHDRAWAL.
(a) WITHDRAWAL.—Subject to valid existing rights, all Federal
lands within the boundaries of the cave protection area described
in subsection (b) are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from location,
entry, and patent under the United States mining laws; and from
disposition under all laws pertaining to mineral and geothermal
leasing, and all amendments thereto.
(b) LAND DESCRIPTION.—The cave protection area referred to
in subsection (a) shall consist of approximately 6,280 acres of lands
in New Mexico as generally depicted on the map entitled
‘‘Lechuguilla Cave Protection Area’’ numbered 130/80,055 and dated
April 1993.
(c) PUBLICATION, FILING, CORRECTION, AND INSPECTION.—(1)
As soon as practicable after the date of enactment of this Act,
the Secretary of the Interior (hereinafter referred to as the ‘‘Sec-
retary’’) shall publish in the Federal Register the legal description
of the lands withdrawn under subsection (a) and shall file such
legal description and a detailed map with the Committee on Energy
and Natural Resources of the United States Senate and the Commit-
tee on Natural Resources of the United States House of Repre-
sentatives.
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H. R. 698—2
(2) Such map and legal description shall have the same force
and effect as if included in this Act except that the Secretary
may correct clerical and typographical errors.
(3) Copies of such map and legal description shall be available
for inspection in the appropriate offices of the Bureau of Land
Management.
SEC. 4. MANAGEMENT OF EXISTING LEASES.
(a) SUSPENSION.—The Secretary shall not permit any new drill-
ing on or involving any Federal mineral or geothermal lease within
the cave protection area referred to in section 3(a) until the effective
date of the Record of Decision for the Dark Canyon Environmental
Impact Statement, or for 12 months after the date of enactment
of this Act, whichever occurs first.
(b) AUTHORITY TO CANCEL EXISTING MINERAL OR GEOTHERMAL
LEASES.—Upon the effective date of the Record of Decision for
the Dark Canyon Environmental Impact Statement and in order
to protect Lechuguilla Cave or other cave resources, the Secretary
is authorized to—
(1) cancel any Federal mineral or geothermal lease in the
cave protection area referred to in section 3(a); or
(2) enter into negotiations with the holder of a Federal
mineral or geothermal lease in the cave protection area referred
to in section 3(a) to determine appropriate compensation, if
any, for the complete or partial termination of such lease.
SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
(a) IN GENERAL.—In order to protect Lechuguilla Cave or Fed-
eral lands within the cave protection area, the Secretary, subject
to valid existing rights, may limit or prohibit access to or across
lands owned by the United States or prohibit the removal from
such lands of any mineral, geological, or cave resources: Provided,
That existing access to private lands within the cave protection
area shall not be affected by this subsection.
(b) NO EFFECT ON PIPELINES.—Nothing in this title shall have
the effect of terminating any validly issued right-of-way, or cus-
tomary operation, maintenance, repair, and replacement activities
in such right-of-way; prohibiting the upgrading of and construction
on existing facilities in such right-of-way for the purpose of increas-
ing capacity of the existing pipeline; or prohibiting the renewal
of such right-of-way within the cave protection area referred to
in section 3(a).
(c) RELATION TO OTHER LAWS.—Nothing in this Act shall be
construed as increasing or diminishing the ability of any party
to seek compensation pursuant to other applicable law, including
but not limited to the Tucker Act (28 U.S.C. 1491), or as precluding
any defenses or claims otherwise available to the United States
in connection with any action seeking such compensation from
the United States.
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H. R. 698—3
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated such sums as
may be necessary to carry out this Act: Provided, That no funds
shall be made available except to the extent, or in such amounts
as are provided in advance in appropriation Acts.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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