IB
Union Calendar No. 41
103D CONGRESS
1ST SESSION
H. R. 698
[Report No. 103–86]
To protect Lechuguilla Cave and other resources and values in and adjacent
to Carlsbad Caverns National Park.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. VENTO introduced the following bill; which was referred to the Committee
on Natural Resources
MAY 11, 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 27, 1993]
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDING, AND DEFINITIONS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Lechuguilla Cave Protection Act of 1993’’.
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(b) FINDING.—Congress finds and declares that
Lechuguilla Cave and other significant cave resources of
Carlsbad Caverns National Park and adjacent public lands
in the cave protection area 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 those values.
(c) DEFINITIONS.—As used in this Act—
(1) the term ‘‘the Secretary’’ means the Secretary
of the Interior.
(2) the term ‘‘cave protection area’’ means the
lands within the area depicted on the map referred to
in section 2(b).
(3) except as otherwise specified in this Act, all
other terms, including the term ‘‘public lands,’’ shall
have the same meaning as such terms have in the
Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
SEC. 2. LAND WITHDRAWAL.
(a) WITHDRAWAL.—Subject to valid existing rights,
the approximately 6,280 acres of public lands within the
cave protection area, and all other lands within the bound-
aries of the cave protection area which may hereafter be-
come subject to the operation of the public land laws, are
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hereby withdrawn from all forms of appropriation or dis-
posal under the public land laws (including the mining and
material disposal laws) and from the operation of the min-
eral leasing and geothermal leasing laws.
(b) LAND DESCRIPTION.—The lands referred to in sub-
section (a) are the lands generally depicted on the map enti-
tled ‘‘Lechuguilla Cave Protection Area’’ dated April 1993
and filed in accordance with subsection (c).
(c) PUBLICATION, FILING, CORRECTION, AND INSPEC-
TION.—
(1) As soon as possible after the date of enact-
ment of this Act, the Secretary shall publish in the
Federal Register a notice containing the legal descrip-
tion of the lands withdrawn by subsection (a) and
shall file such legal description and a detailed map
of the lands referred to in such subsection with the
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natu-
ral Resources of the Senate.
(2) The map and legal description referred to in
paragraph (1) shall have the same force and effect as
if included in this Act except that the Secretary may
correct clerical and typographical errors in such map
and legal description.
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(3) Copies of the map and legal description re-
ferred to in subsection (b) shall be available for public
inspection in the offices of the Director and appro-
priate State Director of the Bureau of Land Manage-
ment.
(d) MANAGEMENT.—The public lands withdrawn by
this section shall be managed by the Secretary, through the
Director of the Bureau of Land Management, pursuant to
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 17901 et seq.) and other applicable law, including
this Act.
SEC. 3. MANAGEMENT OF EXISTING LEASES.
(a) SUSPENSION OF NEW DRILLING.—(1)(A) Effective
on the date of enactment of this Act, the Secretary shall
not permit any new drilling on or involving any valid min-
eral or geothermal leases within the lands withdrawn by
section 2.
(B) If the Secretary deems it appropriate in order to
prevent an adverse impact on Lechuguilla Cave or other
significant cave resources of Carlsbad Caverns National
Park and the lands within the cave protection area, the Sec-
retary shall require suspension of any other activities with
respect to such leases.
(2) The prohibition on new drilling imposed by para-
graph (1) shall remain in effect until the effective date of
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a record of decision regarding the proposal to drill analyzed
in the Dark Canyon Environmental Impact Statement, or
for 12 months after the date of enactment of this Act, which-
ever first occurs. Nothing in this subsection shall be con-
strued as requiring the Secretary to permit or prohibit new
drilling after such period.
(b) NEGOTIATIONS.—(1) During the period specified
in subsection (a)(2), the Secretary shall seek the agreement
of the holders of existing valid mineral or geothermal leases
on the public lands withdrawn by section 2(a) for the termi-
nation of such leases or to such restrictions on activities
on lands covered by such leases as the Secretary deems ap-
propriate to protect Lechuguilla Cave and the other signifi-
cant cave resources of Carlsbad Caverns National Park and
the lands within the cave protection area.
(2)(A) With respect to any lease for which no agree-
ment of the type described in paragraph (1) of this sub-
section has been reached at the end of the period specified
in subsection (a)(2), the Secretary shall take such steps as
the Secretary deems appropriate in order to protect
Lechuguilla Cave and the other significant cave resources
of Carlsbad Caverns National Park and the lands within
the cave protection area.
(B) The steps referred to in subparagraph (A) may
include acquisition of the lands covered by such leases or
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any interests therein. In the event of such acquisition, any
lands or interests therein so acquired shall be managed pur-
suant to the Federal Land Policy and Management Act of
1976 and other applicable law, including this Act.
(3) To the extent the Secretary deems desirable, the
Secretary shall seek the cooperation of the State of New
Mexico and any other parties owning lands within the cave
protection area with respect to such restrictions on the use
of relevant lands owned by such parties as the Secretary
may suggest in order to further the protection of
Lechuguilla Cave and the other significant cave resources
of Carlsbad Caverns National Park and the lands within
the cave protection area.
SEC. 4. ADDITIONAL PROTECTION AND RELATION TO
OTHER LAWS.
(a) ADDITIONAL PROTECTION.—(1) If on the basis of
scientific analysis found by the Secretary to be relevant and
credible, the Secretary deems it appropriate to take addi-
tional steps to protect Lechuguilla Cave or the other signifi-
cant cave resources of Carlsbad Caverns National Park and
the lands within the cave protection area, the Secretary,
pursuant to the authority of the Federal Land Policy and
Management Act of 1976 or other applicable law, shall take
such steps.
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(2) To the extent the Secretary finds appropriate in
order to protect Lechuguilla Cave and the other significant
cave resources of Carlsbad Caverns National Park or the
lands within the cave protection area, the Secretary 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 except as the Sec-
retary may permit for scientific purposes.
(3) If the Secretary determines that existing law, in-
cluding this Act, provides the Secretary insufficient author-
ity to take any step the Secretary deems desirable in order
to protect Lechuguilla Cave or other significant cave re-
sources of Carlsbad Caverns National Park or the lands
within the cave protection area, the Secretary shall inform
the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural Re-
sources of the Senate concerning the additional authority
the Secretary believes desirable.
(b) 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 appli-
cable law, including but not limited to the Tucker Act (28
U.S.C. 1491), or as precluding any defenses or claims other-
wise available to the United States in connection with any
action seeking such compensation from the United States.