Lechuguilla Cave Protection Act of 1993
PL 103-169 (H.R.698), enacted 12/02/1993

PUBLIC LAW 103-169—DEC. 2, 1993 
107 STAT. 1983 
Public Law 103-169 
103d Congress 
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 Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the Tiechuguilla Cave Protection 
Act of 1993". 
SEC. 2. FINDING. 
Congress finds that Lechuguilla Cave and adjacent public lands 
have internationally significant 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 the areas. 
SEC. 3. LAND WITHDltAWAL. 
(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in subsection (b) are hereby withdrawn firom all forms of entry, 
appropriation, or disposal under the public land laws; 
fi*om 
location, 
entry, and patent under the United States mining laws; and firom 
disposition under all laws pertcdning to mineral and geothermal 
leasing, and all amendments thereto. 
(b) LAND DESCRIPTION.—^The cave protection area referred 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) PuBUCATioN, FILING, CORRECTION, AND INSPECTION.—(1) 
As soon as practicable afi^r the date of enactment of this Act, 
the Secretary of the Interior (hereinafi^r referred to as the "Sec-
retaxy) shall publish in the Federal Register the legal description 
of the lands withdrawn imder subsection (a) and shall file such 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 Commit-
tee on Natural Resources of the United States House of Repre-
sentatives. 
Dec. 2, 1993 
[H.R. 698] 
Lechuguilla 
Cave 
Protection 
Act of 
1993 
16 u s e 4301 
note. 
16 u s e 4301 
note. 
16 u s e 4301 
note. 
Federal 
Register, 
publication. 
107 STAT. 1984 
PUBLIC LAW 103-169—DEC. 2, 1993 
(2) Such map and legal description shall have the same force 
and efifect 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 Bureau of Land 
Management. 
16 use 4301 
SEC. 4. MANAGEMENT OF EXISTING LEASES. 
(a). SUSPENSION.—^The Secretary shall not permit any new drill-
ing on or involving any Federal mineral or geothermal 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 tnis Act, whichever 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 protection area referred 
to in section 3(a) to determine appropriate compensation, if 
any, for the complete or partial termination o
f
^ such lease. 
16 use 4801 
SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS. 
(a) IN GENERAL.—^In order to protect Lechuguilla Cave or Fed-
eral lands within the cave protection area, the Secretary, subject 
to valid existing rights, may limit or prohibit 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 afiTected 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 cus-
tomary 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 increas-
ing 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 applicable law, including 
but not limited to the Tucker Act (28 U.S.C. 1491), or as precluding 
any defenses or claims otherwise available to the United States 
in connection with any action seeking such compensation from 
the United States. 
PUBLIC LAW 103-169—DEC. 2, 1993 
107 STAT. 1985 
SEC. 6. AUTHORIZATION OF APPROPRIATIONa 
16 USC 4301 
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 appropriation Acts. 
Approved December 2, 1993. 
LEGISLATIVE HISTORY—H.R. 698: 
HOUSE REPORTS: No. 103-86 (Comm. on Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
May 11, considered and passed House. 
Nov. 18, considered and passed Senate, amended. 
Nov. 21, House concurred in Senate amendment.