[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 776 Reported in Senate (RS)]
<DOC>
Calendar No. 141
118th CONGRESS
1st Session
S. 776
[Report No. 118-67]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2023
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
July 19, 2023
Reported by Mr. Manchin, without amendment
_______________________________________________________________________
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.
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 ``M.H. Dutch Salmon Greater Gila Wild
and Scenic River Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Definitions.--In this section:
(1) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (233) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (b)).
(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.
(b) 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:
``(233) 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(a) 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, lower box.--
``(i) The approximately 3.1-mile segment,
as generally depicted on the map entitled `Gila
River, 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, Lower Box' and dated April 21, 2020, as
a wild river.
``(H) Gila river, middle box.--
``(i) The approximately 0.6-mile segment,
as generally depicted on the map entitled `Gila
River, 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, 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, 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, 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, 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, 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 `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a scenic river.
``(ii) The approximately 6.4-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated
October 29, 2021, as a scenic river.
``(iii) The approximately 6.1-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' 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
October 29, 2021, 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
October 29, 2021, 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.''.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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
maintenance, repair, or replacement;
(D) existing water distribution infrastructure,
including maintenance, repair, or replacement; and
(E) valid existing rights for mining and mineral
leases.
(2) Mining activities.--The designation of a covered
segment by subparagraph (G) or (H) of paragraph (233) of
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (b)) shall not--
(A) limit the licensing, development, operation, or
maintenance of mining activities or mineral processing
facilities outside the boundaries of the applicable
covered segment; or
(B) affect any rights, obligations, privileges, or
benefits granted under any permit or approval with
respect to such mining activities or mineral processing
facilities.
(3) 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.
(4) Relationship to other law.--Nothing in this section
amends or otherwise affects the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3478).
(5) Native fish habitat restoration.--
(A) Existing projects.--Nothing in this section or
an amendment made by this section affects the authority
of the Secretary concerned or the State to operate,
maintain, replace, or improve a native fish habitat
restoration project (including fish barriers) in
existence as of the date of enactment of this Act
within a covered segment.
(B) New projects.--Notwithstanding section 7 of the
Wild and Scenic Rivers Act (16 U.S.C. 1278), the
Secretary concerned may authorize the construction of a
native fish habitat restoration project (including any
necessary fish barriers) within a covered segment if
the project--
(i) would enhance the recovery of a species
listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), a sensitive species, or a species of
greatest conservation need, including the Gila
Trout (Oncorhynchus gilae); and
(ii) would not unreasonably diminish the
free-flowing nature or outstandingly remarkable
values of the covered segment.
(C) Projects within wilderness areas.--A native
fish habitat restoration project (including fish
barriers) located within an area designated as a
component of the National Wilderness Preservation
System shall be constructed consistent with--
(i) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(ii) the applicable wilderness management
plan.
(6) 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.
(7) 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.
(8) 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.
SEC. 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.
Calendar No. 141
118th CONGRESS
1st Session
S. 776
[Report No. 118-67]
_______________________________________________________________________
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.
_______________________________________________________________________
July 19, 2023
Reported without amendment