I 
111TH CONGRESS 
2D SESSION 
H. R. 5334 
To establish the Rio Grande del Norte National Conservation Area in the 
State of New Mexico, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2010 
Mr. LUJA´N (for himself and Mr. HEINRICH) introduced the following bill; 
which was referred to the Committee on Natural Resources 
A BILL 
To establish the Rio Grande del Norte National Conservation 
Area in the State of New Mexico, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rı´o Grande del Norte 
National Conservation Area Establishment Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONSERVATION
AREA.—The term ‘‘Con-
servation Area’’ means the Rı´o Grande del Norte 
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National Conservation Area established by section 
3(a)(1). 
(2) LAND
GRANT
COMMUNITY.—The term 
‘‘land grant community’’ means a member of the 
Board of Trustees of confirmed or nonconfirmed 
community land grants within the Conservation 
Area. 
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan for the 
Conservation Area developed under section 3(d). 
(4) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Rı´o Grande del Norte National Conservation 
Area’’ and dated November 4, 2009. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of New Mexico. 
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION 
AREA. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established the Rı´o 
Grande del Norte National Conservation Area in the 
State. 
(2) AREA INCLUDED.—The Conservation Area 
shall consist of approximately 235,980 acres of pub-
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lic land in Taos and Rı´o Arriba counties in the 
State, as generally depicted on the map. 
(b) PURPOSES.—The purposes of the Conservation 
Area are to conserve, protect, and enhance for the benefit 
and enjoyment of present and future generations the cul-
tural, traditional, archaeological, natural, ecological, geo-
logical, historical, wildlife, educational, recreational, and 
scenic resources of the Conservation Area. 
(c) MANAGEMENT.— 
(1) IN GENERAL.—The Secretary shall manage 
the Conservation Area— 
(A) in a manner that conserves, protects, 
and enhances the resources of the Conservation 
Area; and 
(B) in accordance with— 
(i) the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et 
seq.); 
(ii) this Act; and 
(iii) any other applicable laws. 
(2) USES.— 
(A) IN
GENERAL.—The Secretary shall 
allow only such uses of the Conservation Area 
that the Secretary determines would further the 
purposes described in subsection (b). 
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(B) USE OF MOTORIZED VEHICLES.— 
(i) IN GENERAL.—Except as needed 
for administrative purposes or to respond 
to an emergency, the use of motorized ve-
hicles in the Conservation Area shall be 
permitted only on roads designated for use 
by motorized vehicles in the management 
plan. 
(ii) NEW ROADS.—No additional road 
shall be built within the Conservation Area 
after the date of enactment of this Act un-
less the road is needed for public safety or 
natural resource protection. 
(C) GRAZING.—The Secretary shall permit 
grazing within the Conservation Area, where es-
tablished before the date of enactment of this 
Act— 
(i) subject to all applicable laws (in-
cluding regulations) and Executive orders; 
and 
(ii) consistent with the purposes de-
scribed in subsection (b). 
(D) COLLECTION OF PIN˜ON NUTS, FIRE-
WOOD, MEDICINAL PLANTS AND HERBS.—Noth-
ing in this section precludes the traditional col-
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lection of firewood, medicinal plants and herbs, 
and pin˜on nuts in the Conservation Area for 
noncommercial personal use— 
(i) in accordance with any applicable 
laws; and 
(ii) subject to such terms and condi-
tions as the Secretary determines to be ap-
propriate. 
(E) UTILITY RIGHT-OF-WAY UPGRADES.— 
Nothing in this section precludes the Secretary 
from renewing or authorizing the upgrading 
(including widening) of an existing utility right- 
of-way through the Conservation Area in a 
manner that minimizes harm to the purposes of 
the Conservation Area described in subsection 
(b)— 
(i) in accordance with— 
(I) the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 
et seq.); and 
(II) any other applicable law; and 
(ii) subject to such terms and condi-
tions as the Secretary determines to be ap-
propriate. 
(F) TRIBAL CULTURAL USES.— 
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(i) ACCESS.—The Secretary shall, in 
consultation with Indian tribes or pueb-
los— 
(I) ensure the protection of reli-
gious and cultural sites in the Con-
servation Area; and 
(II) provide access to the sites by 
members of Indian tribes or pueblos 
for traditional cultural and customary 
uses, consistent with Public Law 95– 
341 (commonly known as the ‘‘Amer-
ican Indian Religious Freedom Act’’) 
(42 U.S.C. 1996). 
(ii) TEMPORARY
CLOSURES.—In ac-
cordance with Public Law 95–341 (com-
monly known as the ‘‘American Indian Re-
ligious Freedom Act’’) (42 U.S.C. 1996), 
the Secretary, on request of an Indian 
tribe or pueblo, may temporarily close to 
general public use 1 or more specific areas 
of the Conservation Area in order to pro-
tect traditional cultural and customary 
uses in those areas by members of the In-
dian tribe or the pueblo. 
(d) MANAGEMENT PLAN.— 
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(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, the Secretary 
shall develop a management plan for the Conserva-
tion Area. 
(2) OTHER PLANS.—To the extent consistent 
with this Act, the plan may incorporate in the man-
agement plan the Rı´o Grande Corridor Management 
Plan in effect on the date of enactment of this Act. 
(3) CONSULTATION.—The management plan 
shall be developed in consultation with— 
(A) State and local governments; 
(B) tribal governmental entities; 
(C) land grant communities; and 
(D) the public. 
(4) CONSIDERATIONS.—In preparing and imple-
menting the management plan, the Secretary shall 
consider the recommendations of Indian tribes and 
pueblos on methods for— 
(A) ensuring access to religious and cul-
tural sites; 
(B) enhancing the privacy and continuity 
of traditional cultural and religious activities in 
the Conservation Area; and 
(C) protecting traditional cultural and reli-
gious sites in the Conservation Area. 
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(e) INCORPORATION OF ACQUIRED LAND AND INTER-
ESTS IN LAND.—Any land that is within the boundary of 
the Conservation Area that is acquired by the United 
States shall— 
(1) become part of the Conservation Area; and 
(2) be managed in accordance with— 
(A) this Act; and 
(B) any other applicable laws. 
(f) SPECIAL MANAGEMENT AREAS.— 
(1) IN
GENERAL.—The establishment of the 
Conservation Area shall not change the management 
status of any area within the boundary of the Con-
servation Area that is— 
(A) designated as a component of the Na-
tional Wild and Scenic Rivers System under the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
seq.); or 
(B) managed as an area of critical environ-
mental concern. 
(2) CONFLICT OF LAWS.—If there is a conflict 
between the laws applicable to the areas described in 
paragraph (1) and this Act, the more restrictive pro-
vision shall control. 
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SEC. 4. DESIGNATION OF WILDERNESS AREAS. 
(a) IN GENERAL.—In accordance with the Wilderness 
Act (16 U.S.C. 1131 et seq.), the following areas in the 
Conservation Area are designated as wilderness and as 
components of the National Wilderness Preservation Sys-
tem: 
(1) CERRO DEL YUTA WILDERNESS.—Certain 
land administered by the Bureau of Land Manage-
ment in Taos County, New Mexico, comprising ap-
proximately 13,420 acres as generally depicted on 
the map, which shall be known as the ‘‘Cerro del 
Yuta Wilderness’’. 
(2) RI´O SAN ANTONIO WILDERNESS.—Certain 
land administered by the Bureau of Land Manage-
ment in Rı´o Arriba County, New Mexico, comprising 
approximately 8,000 acres, as generally depicted on 
the map, which shall be known as the ‘‘Rı´o San An-
tonio Wilderness’’. 
(b) MANAGEMENT OF WILDERNESS AREAS.—Subject 
to valid existing rights, the wilderness areas designated 
by subsection (a) shall be administered in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, 
except that with respect to the wilderness areas designated 
by this Act— 
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(1) any reference to the effective date of the 
Wilderness Act shall be considered to be a reference 
to the date of enactment of this Act; and 
(2) any reference in the Wilderness Act to the 
Secretary of Agriculture shall be considered to be a 
reference to the Secretary. 
(c) INCORPORATION OF ACQUIRED LAND AND INTER-
ESTS IN LAND.—Any land or interest in land within the 
boundary of the wilderness areas designated by subsection 
(a) that is acquired by the United States shall— 
(1) become part of the wilderness area in which 
the land is located; and 
(2) be managed in accordance with— 
(A) the Wilderness Act (16 U.S.C. 1131 et 
seq.); 
(B) this Act; and 
(C) any other applicable laws. 
(d) GRAZING.—Grazing of livestock in the wilderness 
areas designated by subsection (a), where established be-
fore the date of enactment of this Act, shall be adminis-
tered in accordance with— 
(1) section 4(d)(4) of the Wilderness Act (16 
U.S.C. 1133(d)(4)); and 
(2) the guidelines set forth in appendix A of the 
Report of the Committee on Interior and Insular Af-
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fairs to accompany H.R. 2570 of the 101st Congress 
(H. Rept. 101–405). 
(e) BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this section cre-
ates a protective perimeter or buffer zone around 
any wilderness area designated by subsection (a). 
(2) 
ACTIVITIES
OUTSIDE
WILDERNESS 
AREAS.—The fact that an activity or use on land 
outside any wilderness area designated by subsection 
(a) can be seen or heard within the wilderness area 
shall not preclude the activity or use outside the 
boundary of the wilderness area. 
(f) RELEASE OF WILDERNESS STUDY AREAS.—Con-
gress finds that, for purposes of section 603(c) of the Fed-
eral Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)), the public land within the San Antonio Wilder-
ness Study Area not designated as wilderness by this sec-
tion— 
(1) has been adequately studied for wilderness 
designation; 
(2) is no longer subject to section 603(c) of the 
Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1782(c)); and 
(3) shall be managed in accordance with this 
Act. 
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SEC. 5. GENERAL PROVISIONS. 
(a) MAPS AND LEGAL DESCRIPTIONS.— 
(1) IN GENERAL.—As soon as practicable after 
the date of enactment of this Act, the Secretary 
shall file the map and legal descriptions of the Con-
servation Area and the wilderness areas designated 
by section 4(a) with— 
(A) the Committee on Energy and Natural 
Resources of the Senate; and 
(B) the Committee on Natural Resources 
of the House of Representatives. 
(2) FORCE OF LAW.—The map and legal de-
scriptions filed under paragraph (1) shall have the 
same force and effect as if included in this Act, ex-
cept that the Secretary may correct errors in the 
legal description and map. 
(3) PUBLIC AVAILABILITY.—The map and legal 
descriptions filed under paragraph (1) shall be on 
file and available for public inspection in the appro-
priate offices of the Bureau of Land Management. 
(b) NATIONAL
LANDSCAPE
CONSERVATION
SYS-
TEM.—The Conservation Area and the wilderness areas 
designated by section 4(a) shall be administered as compo-
nents of the National Landscape Conservation System. 
(c) FISH AND WILDLIFE.—Nothing in this Act af-
fects the jurisdiction of the State with respect to fish and 
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wildlife located on public land in the State, except that 
the Secretary, after consultation with the New Mexico De-
partment of Game and Fish, may designate zones where, 
and establishing periods when, hunting shall not be al-
lowed for reasons of public safety, administration, or pub-
lic use and enjoyment. 
(d) WITHDRAWALS.—Subject to valid existing rights, 
any Federal land within the Conservation Area and the 
wilderness areas designated by section 4(a), including any 
land or interest in land that is acquired by the United 
States after the date of enactment of this Act, is with-
drawn from— 
(1) entry, appropriation, or disposal under the 
public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(e) TREATY RIGHTS.—Nothing in this Act enlarges, 
diminishes, or otherwise modifies any treaty rights. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this Act. 
Æ 
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