To establish the Jemez National Recreation Area in the State of New Mexico, and for other purposes.
PL 103-104 (H.R.38), enacted 10/12/1993

PUBLIC LAW 103-104—OCT. 12, 1993 
107 STAT. 1025 
Public Law 103-104 
103d Congress 
An Act 
To establish the Jemez National Recreation Area in the State of New Mexico, 
Oct. 12,1993 
and for other purposes. 
[H.R. 38] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Conservation. 
Environmentfu 
SECTION 1. ESTABLISHMENT. 
protection. 
/ N T^ 
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16USC460jjj. 
(a) PURPOSE AND ESTABLISHMENT.—In order to conserve, pro-
tect, and restore the recreational, ecological, cultural, religious, 
and wildlife resource values of the Jemez Mountains, there is hereby 
established the Jemez ]!^ational Recreational Area (hereinafter in 
this Act referred to as the "recreation area"), to be administered 
by the Secretary of Agriculture (hereinafter in this Act referred 
to as the "Secretar3r"). 
(b) AREA INCLUDED.—^The recreation area shall be comprised 
of approximately 57,000 acres of lands and interests in lands within 
the Santa Fe National Forest as generally depicted on the map 
entitled "Jemez National Recreation Area—^Proposed" and dated 
September 1992. The map shall be on file and available for public 
inspection in the offices of the Chief of the Forest Service, Depart-
ment of Agriculture, Washington, District of Columbia. The Sec-
retary may from time to time, in consultation with local tribal 
leaders, make minor revisions in the boundary of the recreation 
area to promote management effectiveness and efficiency in further-
ance of the purposes of 
this Act. 
(c) MAP AND DESCRIPTION.—As soon as practicable after enact-
ment of this Act, the Secretary shall file a map and legal description 
of the recreation area with the Committee on Natural Resources 
of the House of Representatives and with the Committee on Energy 
and Natural Resources and the Select Committee on Indian Affairs 
of the Senate. Such map and le^al description shall have the same 
force and effect as if included m this Act, except that correction 
of clerical and t3rpographical errors in such legal description and 
map may be made. Such map and legal description shall be on 
file and available for public inspection in the Office of the Chief 
of the Forest Service, Department of Agriculture. 
(d) No ADDITIONAL LANDS.—^No lands or interests therein out-
side of the boundaries of the recreation area may be added to 
the recreation area without specific authorization by Congress. 
SEC 2. ADMINISTRATION. 
16 USC 460jjj-l. 
(a) IN GENERAL.—^Tlie Secretary shall administer the recreation 
area in accordance with this Act and the laws, rules, and regulations 
applicable to National Forest System lands in a manner that vdll 
further the purposes of the recreation area. Man£igement of the 
107 STAT. 1026 
PUBLIC LAW 103-104—OCT. 12, 1993 
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 In(tian 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"), "nie 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 Secretaiy shall request uiat the Governor of 
the Pueblo of Jemez and the chief executive officers of other appro-
priate Indian tribes and pueblos make reconmiendations on methods 
of— 
(A) assuring access to religious and cultural sites; 
(B) enhancmg 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 appUcable Federal and Stete 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 Secretory within 
PUBLIC LAW 103-104—OCT. 12, 1993 
107 STAT. 1027 
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 hairvesting 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 niunber 
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 mieven 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 p>urposes 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 
vdthin 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 natursd resources of the recreation area. 
(1) 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-
107 STAT. 1028 
PUBLIC LAW 103-104—OCT. 12, 1993 
retar/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 ei\jo3rment. Except in emergencies such designations bv the 
Secretaiy shall be put into efiTect only after consultation with the 
appropriate State agencies, appropriate tribal leaders, and other 
anected parties. 
16 use 460jjj-2. SEC. S. MINERALS AND BONING. 
(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 oliierwise applicable, any party claiming to have been deprived 
of any property right by enactment of pcuragraph (1) may tile 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 
Comt shall have jurisdiction to render jud^ent upon any such 
claim in accordance ^th 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 tiie 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 VAUDITY 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 impatented mining claims, including those for which a patent 
application has been nled, within the recreation area. Upon deter-
mination by the Secretaiy 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. 
16 use 46Qjjj-3. 
SEC. 4. ADJOINING LAND& 
--.^ 
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 
PUBLIC LAW 103-104—OCT. 12, 1993 
107 STAT. 1029 
authorized for study by section 5 of Public Law 101-556 (104 
Stat. 2764), known as the Baca Location Number 1. The Secretary, 
in consultiation 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 boimdaries for the 
recreation area. 
SEC. 5. ACQUISITION OF LAND. 
16 USC 460jjj-4. 
(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 suMivision 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 S«;retary 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. 
16 USC 46()jy[j-5. 
There is authorized to be appropriated such siuns as may 
be necessary to carry out the purposes of this Act. 
Approved October 12, 1993. 
LEGISLATIVE HISTORY—H.R. 38: 
HOUSE REPORTS: No. 103-58 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-139 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
Apr. 20, 21, considered and passed House. 
Sept. 22, considered and ]}a^ed Senate, amended. 
Sept. 29, House concurred in Senate amendments.