H. R. 38—2
natural resources 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 amendment 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 revise 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 development of the manage-
ment 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 emphasis to the preserva-
tion, stabilization, and protection of cultural resources located
within the recreation area in furtherance 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
referred 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 customary uses, the Secretary shall, subject to the
provisions of section 2(n) in consultation with local tribal leaders,
ensure the protection of religious and cultural sites and provide
access from time to time to those sites by Indian peoples for tradi-
tional cultural and 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 Indian Reli-
gious 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 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 appro-
priate 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 emphasis to the conserva-
tion 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
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H. R. 38—3
the recreation area in accordance with applicable Federal and State
law.
(g) TIMBER HARVESTING.—The Secretary may permit timber
harvesting in the recreation area for commercial purposes, including
(but not limited to) vigas, latillas, the gathering of fuelwood, and
for purposes of public safety, recreation, wildlife, and administra-
tion, insofar as the harvesting is compatible with the purposes
of the recreation 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; except that the Secretary
shall manage such sale using uneven aged management including
the individual tree selection method.
(h) GRAZING.—The Secretary may permit grazing within the
recreation area in accordance with regulations prescribed by the
Secretary. Riparian areas shall be managed in such a manner
as to protect their important resource values.
(i) TRANSPORTATION PLAN.—(1) Within 1 year after the date
of enactment of this Act, the Secretary shall prepare a transpor-
tation plan that provides for the most efficient 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 recre-
ation while minimizing impact on significant archaeological and
religious sites.
(2) The Secretary shall construct, maintain, and close roads
within the recreation area after consultation with local tribal lead-
ers 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 establish a visitor
center and interpretive facilities in or near the recreation area
for the purpose of providing for education relating to the interpreta-
tion of cultural and natural resources of the recreation area.
(l) POWER TRANSMISSION LINES.—In accordance with Federal
and State laws and regulations, the Secretary may permit a utility
corridor for high power electric transmission lines within the recre-
ation area only when the Secretary determines that—
(1) there is not a feasible alternative for the location of
such corridor;
(2) damage to the recreational and scenic quality 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 recre-
ation area has been developed.
(m) SCIENTIFIC INVESTIGATIONS.—The Secretary may permit
scientific investigations within the recreation area upon the Sec-
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H. R. 38—4
retary’s determination that such investigations are in the public
interest and are compatible with the purposes of this Act.
(n) RESOURCE
PROTECTION.—The Secretary may designate
zones where, and establish periods when, any activity otherwise
permitted in the recreation area will not be permitted for reasons
of public safety, administration, fish and wildlife management,
protection of archaeological or cultural resources, or public use
and enjoyment. Except in emergencies such designations by the
Secretary shall be put into effect only after consultation with the
appropriate State agencies, appropriate tribal leaders, and other
affected parties.
SEC. 3. MINERALS AND MINING.
(a) LIMITATION ON PATENT ISSUANCE.—(1) Notwithstanding 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 restric-
tion 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
compensation 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 min-
eral material disposal laws.
(c) RECLAMATION.—No mining activity involving any surface
disturbance of lands or waters within such area, including disturb-
ance through subsidence, shall be permitted except in accordance
with requirements imposed by the Secretary, including require-
ments for reasonable reclamation of disturbed lands to a visual
and hydrological condition as close as practical to their premining
condition.
(d) MINING CLAIM VALIDITY REVIEW.—The Secretary of Agri-
culture shall undertake and complete within 3 years after the
date of enactment of this Act an expedited program to examine
all unpatented mining claims, including those for which a patent
application has been filed, within the recreation area. Upon deter-
mination by the Secretary of Agriculture that the elements of a
contest are present, the Secretary of the Interior shall immediately
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 mate-
rials from within the recreation area for public purposes such
as maintenance and construction of roads, trails, and facilities
as long as such use is compatible 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 rec-
ommendations to Congress, including (but not limited to) that area
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H. R. 38—5
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 boundaries for the
recreation area.
SEC. 5. ACQUISITION OF LAND.
(a) STATE LAND.—Land and interests in land within the bound-
aries of the recreation area that are owned by the State of New
Mexico, or a political subdivision of New Mexico, may be acquired
only by donation or exchange.
(b) OFFERS TO SELL.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary
may acquire land and interests in land within the boundaries
of the recreation area by donation, purchase with donated or
appropriated funds, or exchange.
(2) LIMITATION.—The Secretary may not acquire lands
within the recreation area without the consent of the owner
thereof unless the Secretary has determined that such lands
will be put to a use different from their use as of the date
of enactment of this Act and that such new use would be
incompatible with the protection of the natural and cultural
resources of the recreation area.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may
be necessary to carry out the purposes of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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