In the Senate of the United States,
November 19 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 698) entitled ‘‘An Act to protect Lechuguilla
Cave and other resources and values in and adjacent to
Carlsbad Caverns National Park’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lechuguilla Cave Protec-
tion Act of 1993’’.
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.
HR 698 EAS
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area described in subsection (b) are hereby withdrawn from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Register the legal description of the lands withdrawn under
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.
HR 698 EAS
(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—
(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
HR 698 EAS
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-
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
HR 698 EAS
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.
Attest:
Secretary.