II 117th CONGRESS 1st Session S. 3129 IN THE SENATE OF THE UNITED STATES November 2, 2021 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.

1. Short title This Act may be cited as the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act . 2. Designation of wild and scenic rivers (a) Findings Congress finds that— (1) the Greater Gila River watershed and other rivers in the Gila National Forest are cherished by the people of the State of New Mexico and visitors from across the United States for their clean water, outstanding fish and wildlife habitat, low-cost recreational opportunities for local communities, and cultural sites; (2) the Greater Gila River watershed supports many important economic activities in the region, including farming, ranching, hunting, fishing, camping, backpacking, hiking, wildlife viewing, horseback riding, and floating; (3) portions of the Greater Gila River watershed and other rivers in the Gila National Forest— (A) are a national treasure deserving of inclusion in the National Wild and Scenic Rivers System; (B) possess numerous outstandingly remarkable values; and (C) contain segments that merit the high level of protection provided by the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ) to maintain the benefits provided by the Greater Gila River watershed and other rivers in the Gila National Forest for future generations of people in the State of New Mexico to enjoy; and (4) wild and scenic river designations— (A) recognize the importance of maintaining the values of the segments; (B) are compatible with traditional values and cultural uses important to rural communities; (C) provide multiple benefits to the local community and beyond, including by— (i) focusing management on river and river-related resources and values, including supporting voluntary management on adjacent non-Federal land; (ii) protecting rivers in a manner complementary to the Wilderness Act ( 16 U.S.C. 1131 et seq. ), as contemplated under section 10(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(b) ); (iii) preserving and enhancing public access, including for the legal use of off-highway vehicles, while not opening private land to public access; (iv) preserving and enhancing the protection of cultural artifacts and Tribal sacred and ceremonial sites; (v) preserving and enhancing recreational opportunities; (vi) encouraging and enhancing traditional uses, such as hunting and fishing; (vii) better informing the public about areas in the region with exceptional characteristics and opportunities for unique experiences; (viii) promoting the outdoor recreation economy; and (ix) protecting and enhancing economic activity through protecting natural flows through designated segments; (D) do not abrogate existing rights, privileges, or contracts, including— (i) private property rights or restrict development or use on private land; (ii) existing water rights, interstate water compacts, or existing irrigation systems and other water development or distribution facilities, including the ability to maintain the systems and facilities; (iii) grazing operations; or (iv) access for the public to public land within a designated river corridor; and (E) do not open private land to public access. (b) Purpose The purpose of this section is to protect for current and future generations of people in the United States the outstandingly remarkable scenic, natural, cultural, wildlife, fish, recreational, scientific, historic, cultural, ecological, and other values of certain segments of the Greater Gila River watershed and other rivers in the Gila National Forest. (c) Definitions In this section: (1) Covered segment The term covered segment means a river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (d)). (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (3) State The term State means the State of New Mexico. (d) Designation of segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) Gila River System, New Mexico The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(c) of the M.H. Dutch Salmon Greater Gila Wild and Scenic River Act ) in the following classifications: (A) Apache creek The approximately 10.5-mile segment, as generally depicted on the map entitled Apache Creek and dated April 30, 2020, as a wild river. (B) Black canyon creek (i) The 11.8-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river. (ii) The 0.6-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river. (iii) The 1.9-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a recreational river. (iv) The 11-mile segment, as generally depicted on the map entitled Black Canyon Creek and dated April 30, 2020, as a wild river. (C) Diamond creek (i) The approximately 13.3-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river. (ii) The approximately 4.7-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a wild river. (iii) The approximately 3.1-mile segment, as generally depicted on the map entitled Diamond Creek and dated March 27, 2020, as a recreational river. (iv) The approximately 1.6-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a recreational river. (v) The approximately 4.1-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a wild river. (D) South diamond creek The approximately 16.1-mile segment, as generally depicted on the map entitled ‘South Diamond Creek’ and dated March 27, 2020, as a wild river. (E) Gila river (i) The approximately 34.9-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river. (ii) The approximately 2.5-mile segment, as generally depicted on the map entitled ‘Gila River’ and dated April 30, 2020, as a recreational river. (iii) The approximately 3-mile segment, as generally depicted on the map entitled Gila River and dated April 30, 2020, as a wild river. (F) Gila river, east fork The approximately 10.3-mile segment, as generally depicted on the map entitled East Fork Gila River and dated April 30, 2020, as a wild river. (G) Gila river, gila lower box (i) The approximately 3.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a recreational river. (ii) The approximately 6.1-mile segment, as generally depicted on the map entitled Gila River, Gila Lower Box and dated April 21, 2020, as a wild river. (H) Gila river, gila middle box (i) The approximately 0.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (ii) The approximately 0.4-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box ’ and dated April 30, 2020, as a recreational river. (iii) The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (iv) The approximately 0.3-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (v) The approximately 1.6-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a recreational river. (vi) The approximately 9.8-mile segment, as generally depicted on the map entitled Gila River, Gila Middle Box and dated April 30, 2020, as a wild river. (I) Gila river, middle fork (i) The approximately 1.2-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a recreational river. (ii) The approximately 35.5-mile segment, as generally depicted on the map entitled Middle Fork Gila River and dated May 1, 2020, as a wild river. (J) Gila river, west fork (i) The approximately 30.6-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a wild river. (ii) The approximately 4-mile segment, as generally depicted on the map entitled West Fork Gila River and dated May 1, 2020, as a recreational river. (K) Gilita creek The approximately 6.4-mile segment, as generally depicted on the map entitled Gilita Creek and dated March 4, 2020, as a wild river. (L) Holden prong The approximately 7.3-mile segment, as generally depicted on the map entitled Holden Prong and dated March 27, 2020, as a wild river. (M) Indian creek (i) The approximately 5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a recreational river. (ii) The approximately 9.5-mile segment, as generally depicted on the map entitled Indian Creek and dated March 27, 2020, as a wild river. (N) Iron creek The approximately 13.2-mile segment, as generally depicted on the map entitled Iron Creek and dated March 4, 2020, as a wild river. (O) Las animas creek (i) The approximately 5.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a wild river. (ii) The approximately 2.3-mile segment, as generally depicted on the map entitled Las Animas Creek and dated March 27, 2020, as a scenic river. (P) Little creek (i) The approximately 0.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a recreational river. (ii) The approximately 18.3-mile segment, as generally depicted on the map entitled Little Creek and dated May 1, 2020, as a wild river. (Q) Mcknight canyon The approximately 10.3-mile segment, as generally depicted on the map entitled McKnight Canyon and dated March 4, 2020, as a wild river. (R) Mineral creek (i) The approximately 8.3-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a wild river. (ii) The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (iii) The approximately 0.5-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (iv) The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (v) The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (vi) The approximately 0.02-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (vii) The approximately 0.6-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (viii) The approximately 0.1-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (ix) The approximately 0.03-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (x) The approximately 0.7-mile segment, as generally depicted on the map entitled Mineral Creek and dated March 27, 2020, as a recreational river. (S) Mogollon creek The approximately 15.8-mile segment, as generally depicted on the map entitled Mogollon Creek and dated April 2, 2020, as a wild river. (T) West fork mogollon creek The approximately 8.5-mile segment, as generally depicted on the map entitled West Fork Mogollon Creek and dated March 4, 2020, as a wild river. (U) Mule creek The approximately 4.3-mile segment, as generally depicted on the map entitled Mule Creek and dated March 4, 2020, as a wild river. (V) San francisco river, devil’s creek (i) The approximately 1.8-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (ii) The approximately 6.4-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (iii) The approximately 6.1-mile segment, as generally depicted on the map entitled M.H. Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft and dated October 29, 2021, as a scenic river. (iv) The approximately 1.2-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (v) The approximately 5.9-mile segment, as generally depicted on the map entitled San Francisco River, Devil’s Creek and dated March 27, 2020, as a recreational river. (W) San francisco river, lower san francisco river canyon (i) The approximately 1.8-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river. (ii) The approximately 0.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a recreational river. (iii) The approximately 14.6-mile segment, as generally depicted on the map entitled San Francisco River, Lower San Francisco River Canyon and dated March 27, 2020, as a wild river. (X) San francisco river, upper frisco box The approximately 6-mile segment, as generally depicted on the map entitled San Francisco River, Upper Frisco Box and dated March 4, 2020, as a wild river. (Y) Sapillo creek The approximately 7.2-mile segment, as generally depicted on the map entitled Sapillo Creek and dated March 27, 2020, as a wild river. (Z) Spruce creek The approximately 3.7-mile segment, as generally depicted on the map entitled Spruce Creek and dated March 4, 2020, as a wild river. (AA) Taylor creek (i) The approximately 0.4-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a scenic river. (ii) The approximately 6.1-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river. (iii) The approximately 6.7-mile segment, as generally depicted on the map entitled Taylor Creek and dated April 30, 2020, as a wild river. (BB) Turkey creek The approximately 17.1-mile segment, as generally depicted on the map entitled Turkey Creek and dated April 30, 2020, as a wild river. (CC) Whitewater creek (i) The approximately 13.5-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a wild river. (ii) The approximately 1.1-mile segment, as generally depicted on the map entitled Whitewater Creek and dated March 27, 2020, as a recreational river. (DD) Willow creek (i) The approximately 3-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river. (ii) The approximately 2.9-mile segment, as generally depicted on the map entitled Willow Creek and dated April 30, 2020, as a recreational river. . (e) Withdrawal Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Maps; legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments. (2) Force of law The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary concerned may correct minor errors in the maps and legal descriptions. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service. (g) Comprehensive river management plan The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ) after consulting with Tribal governments, applicable political subdivisions of the State, and interested members of the public. (h) Incorporation of acquired land and interests in land If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment. (i) Effect of section (1) Effect on rights In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this section or an amendment made by this section abrogates any existing rights of, privilege of, or contract held by any person, including any right, privilege, or contract that affects Federal land or private land, without the consent of the person, including— (A) grazing permits or leases; (B) existing water rights, including the jurisdiction of the State in administering water rights; (C) existing points of diversion, including appropriate maintenance, repair, or replacement; (D) existing water distribution infrastructure, including appropriate maintenance, repair, or replacement; and (E) valid existing rights for mining and mineral leases. (2) Condemnation No land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner. (3) Relationship to other law Nothing in this section amends or otherwise affects the Arizona Water Settlements Act ( Public Law 108–451 ; 118 Stat. 3478). (4) Species recovery (A) In general Notwithstanding section 7 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278 ) and subject to subparagraphs (B) and (C), the Secretary concerned may authorize the construction, maintenance, or replacement of 1 or more fish barriers or other projects with respect to a covered segment if the Secretary concerned determines that the fish barrier or other project— (i) is necessary for the recovery of a species that is— (I) listed as endangered or threatened under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (II) identified as an outstandingly remarkable value of the covered segment in accordance with the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); and (ii) is included in the applicable species recovery plan prepared under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). (B) Review required A project authorized under subparagraph (A) shall be reviewed in accordance with section 7 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278 ), but a finding that the project does not meet the applicable evaluation standard under that section shall not, of itself, preclude the project from being carried out. (C) Impacts minimized For any project authorized under subparagraph (A), the Secretary concerned shall ensure that any impacts to the free-flowing characteristics of the river and other outstandingly remarkable river and scenic values are minimized to the maximum extent the Secretary concerned determines to be practicable, consistent with the natural appearance and accessibility of the covered segment as in existence on the date of enactment of this Act. (D) Assistance Nothing in this paragraph prohibits a Federal agency from assisting with a loan, grant, or permit, or providing any other form of assistance, for a project authorized under subparagraph (A). (5) State land jurisdiction Nothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish. (6) Fish and wildlife Nothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State. (7) Treaty rights Nothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty. 3. Modification of boundaries of Gila Cliff Dwellings National Monument and Gila National Forest (a) Transfer of administrative jurisdiction (1) In general Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (2) Description of land The land referred to in paragraph (1) is the approximately 440 acres of land identified as Transfer from USDA Forest Service to National Park Service on the map entitled Gila Cliff Dwellings National Monument Proposed Boundary Adjustment and dated March 2020. (b) Boundary modifications (1) Gila Cliff Dwellings National Monument (A) In general The boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under subsection (a)(1). (B) Map (i) In general The Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument. (ii) Effect The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct minor errors in the map and legal description. (2) Gila National Forest (A) In general The boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under subsection (a)(1). (B) Map (i) In general The Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest. (ii) Effect The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct minor errors in the map and legal description.