[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 995 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 995
To establish a monument in Dona Ana County, New Mexico, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2013
Mr. Pearce introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish a monument in Dona Ana County, New Mexico, and for other
purposes.
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 ``Organ Mountains National Monument
Establishment Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``City'' means the city of Las Cruces,
New Mexico.
(2) County.--The term ``County'' means Dona Ana County, New
Mexico.
(3) Management plan.--The term ``management plan'' means
the management plan developed pursuant to this Act.
(4) Map.--The term ``map'' means the map titled ``Organ
Mountains National Monument'' and dated February 6, 2013.
(5) Monument.--The term ``monument'' means the national
monument established by this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(7) State director.--The term ``State Director'' means the
New Mexico State Director of the Bureau of Land Management.
(8) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. WATER RIGHTS.
Nothing in this Act shall--
(1) constitute or be construed to constitute either an
express or implied reservation by the United States of any
water or water rights with respect to the lands within the
monument; or
(2) affect any water rights existing on the date of the
enactment of this Act, including any water right held by the
United States.
SEC. 4. ESTABLISHMENT OF MONUMENT.
(a) In General.--There is established the Organ Mountains monument
in the State.
(b) Area Included.--The monument shall consist of approximately
54,800 acres of public land in Dona Ana County in the State, as
generally depicted on the map.
SEC. 5. PURPOSES.
The purposes of the monument are to conserve, protect, and enhance
the cultural, traditional, archaeological, natural, ecological,
geological, historical, wildlife, livestock, watershed, educational,
recreational, and scenic resources of the monument for the benefit and
enjoyment of present and future generations.
SEC. 6. MANAGEMENT OF MONUMENT.
(a) In General.--The Secretary shall manage the monument--
(1) in a manner that conserves, protects, and enhances the
resources of the monument; and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
(b) Uses.--
(1) In general.--The Secretary shall allow only such uses
of the monument that the Secretary determines would further the
purposes described in section 5.
(2) Use of motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the use
of motorized vehicles in the monument shall be permitted only
on roads designated for use by motorized vehicles in the
management plan. Nothing in this Act precludes the use of
motorized vehicles or mechanical equipment for the construction
or maintenance of range improvements or the performance of
standard ranching operations or for the construction,
maintenance, operation, or management of flood control or water
conservation systems.
(3) New roads.--No additional road shall be built within
the monument after the date of the enactment of this Act unless
the Secretary determines that the road is necessary for public
safety or natural resource protection.
(c) Grazing.--The Secretary shall issue any grazing leases or
permits in the monument in accordance with the same laws and executive
orders that apply to issuance by the Secretary of grazing leases and
permits on other land under the jurisdiction of the Bureau of Land
Management.
(d) Utility Right-of-Ways.--Nothing in this section precludes the
Secretary from authorizing, renewing or upgrading (including widening)
a utility right-of-way through the monument in a manner that minimizes
harm to the purposes of the monument in accordance with--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) any other applicable law; and
(3) such terms and conditions as the Secretary determines
to be appropriate.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall develop a management plan
for the monument.
(b) Consultation.--The management plan shall be developed in
consultation with--
(1) State, tribal, and local governments;
(2) the public; and
(3) interested Federal agencies.
SEC. 8. GENERAL PROVISIONS.
(a) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file the map and
legal description of the monument.
(2) Force and effect.--The map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of--
(A) the Bureau of Land Management; and
(B) the Office of the County Clerk of Dona Ana
County, New Mexico.
(4) Fish and wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife
located on public land in the State.
(5) No buffer zones.--
(A) In general.--There shall be no buffer zone
around a monument.
(B) Activities outside the monument.--The fact that
an activity or use of land is not permitted on land
within a monument shall not preclude the activity or
use outside the boundary of the monument or on private
or State land within the monument, consistent with
other applicable laws.
(6) Withdrawals.--Subject to valid existing rights
(including lease rights), all Federal land within the monument
and any land and interests in land acquired for the monument by
the United States after the date of the enactment of this Act
are withdrawn from--
(A) all forms of entry, appropriation, or disposal
under the public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
SEC. 9. HUNTING AND TRAPPING.
(a) In General.--The Secretary shall allow hunting and trapping in
the monument.
(b) Limitations.--
(1) Regulations.--The Secretary may designate by regulation
areas in the monument in which, and establish periods during
which no hunting or trapping will be allowed for reasons of
public safety, administration, or compliance with applicable
laws.
(2) Consultation.--The Secretary shall obtain the
concurrence of the appropriate State agency before promulgating
regulations under paragraph (1) that close a portion of the
monument to hunting or trapping.
SEC. 10. RELEASE OF WILDERNESS STUDY AREA.
For purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), the Federal land in the
following has been adequately studied for wilderness designation and
shall no longer be subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)):
(1) The Organ Mountains Wilderness Study Area.
(2) The Organ Needles Wilderness Study Area.
(3) The Pena Blanca Wilderness Study Area.
SEC. 11. LAW ENFORCEMENT.
Nothing in this Act, or regulations issued in furtherance of this
Act, shall prevent Federal, State, or local law enforcement personnel
from having unfettered access to the entire monument, including the use
of motorized vehicles and specialized equipment.
SEC. 12. NATIONAL LANDSCAPE CONSERVATION SYSTEM.
The monument designated by this Act shall be administered as a
component of the National Landscape Conservation System.
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