II
Calendar No. 291
103D CONGRESS
1ST SESSION H. R. 698
IN THE SENATE OF THE UNITED STATES
MAY 13 (legislative day, APRIL 19), 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
NOVEMBER 17 (legislative day, NOVEMBER 2), 1993
Reported by Mr. JOHNSTON, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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 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’’.
(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
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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 Sec-
retary 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
hereby withdrawn from all forms of appropriation or dis-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.
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(b) LAND DESCRIPTION.—The lands referred to in
subsection (a) are the lands generally depicted on the map
entitled ‘‘Lechuguilla Cave Protection Area’’ dated April
1993 and filed in accordance with subsection (c).
(c) PUBLICATION, FILING, CORRECTION, AND IN-
SPECTION.—
(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 de-
scription 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 Representatives and the Committee on Energy
and Natural 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.
(3) Copies of the map and legal description re-
ferred to in subsection (b) shall be available for pub-
lic inspection in the offices of the Director and ap-
propriate State Director of the Bureau of Land
Management.
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(d) MANAGEMENT.—The public lands withdrawn by
this section shall be managed by the Secretary, through
the Director of the Bureau of Land Management, pursu-
ant 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) Effec-
tive on the date of enactment of this Act, the Secretary
shall not permit any new drilling on or involving any valid
mineral 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
Secretary 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 a record of decision regarding the proposal to drill ana-
lyzed in the Dark Canyon Environmental Impact State-
ment, or for 12 months after the date of enactment of
this Act, whichever first occurs. Nothing in this subsection
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shall be construed 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 agree-
ment of the holders of existing valid mineral or geothermal
leases on the public lands withdrawn by section 2(a) for
the termination of such leases or to such restrictions on
activities on lands covered by such leases as the Secretary
deems appropriate to protect Lechuguilla Cave and the
other significant cave resources of Carlsbad Caverns Na-
tional 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
any interests therein. In the event of such acquisition, any
lands or interests therein so acquired shall be managed
pursuant to the Federal Land Policy and Management Act
of 1976 and other applicable law, including this Act.
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(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 Sec-
retary 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
additional steps to protect Lechuguilla Cave or the other
significant 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.
(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
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United States or prohibit the removal from such lands of
any mineral, geological, or cave resources except as the
Secretary may permit for scientific purposes.
(3) If the Secretary determines that existing law, in-
cluding this Act, provides the Secretary insufficient au-
thority to take any step the Secretary deems desirable in
order to protect Lechuguilla Cave or other significant cave
resources 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
Resources of the Senate concerning the additional author-
ity 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 applicable law, including but not limited to the
Tucker Act (28 U.S.C. 1491), or as precluding any de-
fenses or claims otherwise available to the United States
in connection with any action seeking such compensation
from the United States.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lechuguilla Cave Protec-
tion Act of 1993’’.
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SEC. 2. FINDING.
Congress finds that Lechuguilla Cave and adjacent
public lands have internationally significant scientific, en-
vironmental, 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 re-
ferred 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 INSPEC-
TION.—(1) As soon as practicable after the date of enact-
ment of this Act, the Secretary of the Interior (hereinafter
referred to as the ‘‘Secretary’’) shall publish in the Federal
Register the legal description of the lands withdrawn under
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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 Committee
on Natural Resources of the United States House of Rep-
resentatives.
(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 Bu-
reau of Land Management.
SEC. 4. MANAGEMENT OF EXISTING LEASES.
(a) SUSPENSION.—The Secretary shall not permit any
new drilling on or involving any Federal mineral or geo-
thermal 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, which-
ever 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—
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(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 pro-
tection 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 Federal lands within the cave protection area, the
Secretary, subject to valid existing rights, may limit or pro-
hibit 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 customary 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 increasing capacity of the
existing pipeline; or prohibiting the renewal of such right-
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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 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.
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 Appro-
priation Acts.
Passed the House of Representatives May 11, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.