(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 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.
(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.
(g) TIMBER HARVESTING.—The Secretary may per-
mit timber harvesting in the recreation area for commer-
cial purposes, including (but not limited to) vigas, latillas,
the gathering of fuelwood, and for purposes of public safe-
ty, recreation, wildlife, and administration, insofar as the
harvesting is compatible with the purposes of the recre-
ation area. Trees damaged or downed due to fire, disease,
or insect infestation may be utilized, salvaged, or removed
from the recreation area as authorized by the Secretary
in furtherance of the purposes of this Act. Nothing in this
Act shall be construed to affect the timber sales under
contract on the date of enactment of this Act. Nothing
in this Act shall be construed to effect the Los Griegos
timber sale in the Los Griegos Diversity Unit number
0322 as shown on the West Half Diversity Unit map of
the Santa Fe National Forest dated November 1991; ex-
cept that the Secretary shall manage such sale using un-
even aged management including the individual tree selec-
tion method.
(h) GRAZING.—The Secretary may permit grazing
within the recreation area in accordance with regulations
prescribed by the Secretary. Riparian areas shall be man-
aged in such a manner as to protect their important re-
source values.
(i) TRANSPORTATION PLAN.—(1) Within 1 year after
the date of enactment of this Act, the Secretary shall pre-
pare a transportation plan that provides for the most effi-
cient use of roads and trails to accomplish the purposes
of this Act. The plan shall provide for a comprehensive
trails system that provides for dispersed recreation while
minimizing impact on significant archaeological and reli-
gious sites.
(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 natu-
ral resources of the recreation area.
(l) POWER TRANSMISSION LINES.—In accordance
with Federal and State laws and regulations, the Sec-
retary may permit a utility corridor for high power electric
transmission lines within the recreation area only when
the Secretary determines that—
(1) there is not a feasible alternative for the lo-
cation of such corridor;
(2) damage to the recreational and scenic qual-
ity 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) Not-
withstanding 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 claiming
to have been deprived of any property right by enactment
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 compensa-
tion 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 condi-
tion.
(d) MINING CLAIM VALIDITY REVIEW.—The Sec-
retary of Agriculture shall undertake and complete within
3 years after the date of enactment of this Act an expe-
dited 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 imme-
diately determine the validity of such claims. If a claim
is determined to be invalid, 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 compat-
ible with the purposes of the recreation area.
SEC. 4. ADJOINING LANDS.
The Secretary may evaluate lands adjoining the
recreation area for possible inclusion in the recreation area
and make recommendations to Congress, including (but
not limited to) that area authorized for study by section
5 of Public Law 101–556 (104 Stat. 2764), known as the
Baca Location 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 recommendations with respect to future bound-
aries 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.
Passed the House of Representatives April 21, 1993.
Attest:
Clerk.